annual report print final.qxd - Asian Centre for Human Rights

INDIA 

HUMAN RIGHTS 

REPORT 2005 

EDITED BY : SUHAS CHAKMA

India Human Rights Report 2005 

First published 2005 

© Asian Centre for Human Rights, 2005 

Cover & Layout: Shafi 

Photos: Mr Pradeep Phanjaobam, Editor, The Imphal Free Press 

ISBN : 81-88987-10-7 

Price Rs. 700/- (US $ 16)

Contents 

Preface v 

Andhra Pradesh 1 

Arunachal Pradesh 13 

Assam 19 

Bihar 33 

Chhattisgarh 45 

Delhi 51 

Gujarat 63 

Haryana 73 

Himachal Pradesh 81 

Jammu and Kashmir 85 

Jharkhand 105 

Karnataka 117 

Kerala 125 

Madhya Pradesh 131 

Maharashtra 143 

Manipur 151 

Meghalaya 169 

Mizoram 175 

Nagaland 183

Orissa 187 

Punjab 197 

Rajasthan 211 

Tamil Nadu 221 

Tripura 229 

Uttar Pradesh 243 

Uttaranchal 253 

West Bengal 257 

Freedom of the press 275 

Religious Minorities 281 

NHRC: Clogged under 

operational inefficiency 285

Preface 

Reporting on human rights violations covering 27 States and three 

thematic issues – the right to freedom of expression, religious 

intolerance and National Human Rights Commission - of India is 

gigantic. It has never been prepared by any organisation or institution in 

India. The poor state of human rights in India is a common knowledge. It is 

reported 24 hours a day, seven days a week and 365 days a year. Yet, when 

information on human rights violations is documented, collated and 

analysed, the gruesome pictures of lawless law enforcement and human 

rights violations emerge. 

Yet, India Human Rights Report 2005 covering the events from 1 

January to 31 December 2004 has not been able to report on a range of 

issues which are extremely important. This is primarily because of the lack 

of adequate information or staffing to cover the events. While there are a 

large number of civil society groups working on the rights of the child, 

women empowerment and trafficking of women and children, our attention 

was also drawn to the conditions of the unheard people who were displaced 

by Tau Devi Lal Thermal Power Station in Haryana and Pong dam in 

Himachal Pradesh. 

The violation of the right to life through brutal torture in custody or 

extrajudicial executions in alleged armed encounters is the most serious 

human rights violation. Hundreds of people are killed in custody every year 

and the NHRC’s Annual Reports vouch it. The excessive powers given for 

arbitrary arrest and detention and non-implementation of the guidelines on 

arrest and detention as provided in the D K Basu judgement result in custodial 

death. Most victims of deaths in police custody seem to fall ill the moment 

they are taken into custody. Many are often conveniently made victims of 

suicide with strange objects like shoelaces. Suddenly, the detainees have 

access to poison in police custody. The doctors in violation of the medical 

ethics doctor the autopsy reports. Punishment for custodial killings is often 

mere transfer to the police lines and advice for retirement. High number of

INDIA HUMAN RIGHTS REPORT 2005 Preface 

deaths in police custody were reported from 

Chattisgarh and Punjab. 

Extrajudicial executions are 

systematic in most of the armed conflict 

situations. Highest number of extrajudicial 

executions were reported from Jammu and 

Kashmir and Manipur. Since the Peoples 

Democratic Party – Congress came to 

power in Jammu and Kashmir in 2002, the 

State government ordered inquiries into 54 

cases of human rights violations and by 

December 2004, only one case was 

resolved. In 2004, Manipur State 

government ordered eight judicial 

inquiries including the killing of 

Thangjang Manorama Devi but not a 

single report has been made public. 

Disproportionate use of force 

especially fire-arms by the police while 

controlling crowds also causes violation of 

the right to life of a large number of 

persons. The non-implementation of the 

principles of “absolutely necessary”, a 

stricter and more compelling test of 

necessity, and “proportionality for the use 

of force” as provided in India’s Criminal 

Procedure Code and United Nations Basic 

Principles on the Use of Force and 

Firearms by Law Enforcement Officials is 

responsible for such blatant deprivation of 

the right to life. On 27 October 2004, four 

farmers were reportedly killed and at least 

30 others injured in police firing in 

Gharsana tehsil in Sriganganagar district 

of Rajasthan. The State government of 

Andhra Pradesh has failed to take action 

on as many as 47 lock-up deaths and 732 

incidents of police firing in which 

VI 

inquiries have been ordered since 1993. 

Women and girls do not only suffer 

from domestic violence and other societal 

violence including honour killings and 

female foeticide, they are also specific 

target of both the armed opposition groups 

and security forces in internal armed 

conflict situations because of their gender. 

While the killing of Thangjang Manorama 

Devi of Manipur in July 2004 highlighted 

the abuses by the State security forces, the 

cutting of noses and ears of Mariam 

Begum by the alleged cadres of the 

Harkat-ul-Mujahideen in Jammu and 

Kashmir brought into focus the medieval 

and barbaric forms of torture perpetrated 

by the armed opposition groups. 

Internal armed conflicts have led to 

displacement of over half a million 

persons in India respectively 150,000 in 

Assam; 262,000 in Jammu and Kashmir, 

35,000 from Mizoram and about 50,000 in 

Tripura. While the Kashmiri Pandits were 

able to draw attention of both the Central 

and State governments, the other IDPs are 

openly discriminated despite being 

citizens of the country. The Kashmiri 

Pandit migrants have been living in 

accommodation provided by the 

government. They are also provided with 

monthly relief and free ration. In 

November 2004, the central government 

has also reportedly agreed in principle to 

release Rs 150 crore to set up two room 

sets for the Kashmiri migrant pandits 

living in different camps in Jammu. In 

comparison to Kashmiri pandits, the 

conditions of the 60,000 border migrants,


who were forced to flee their homes along 

the India-Pakistan border in Jammu and 

Kashmir have been deplorable. The 

apathy of the state government towards the 

plight of the border migrants was 

manifested from tortured to death of 

Chairman of Border Migrant Action 

Committee, Chajju Ram of Nikkian 

village in Khour block of tehsil Akhnoor in 

Jammu district on 2 March 2004 at Kot 

Ghari. While displaced Kashmiri Pandits 

receive Rs 750 per person, an adult Reang 

IDP in Tripura receives only Rs. 2.67 paise 

a day and a minor received half of it. 

The conditions of the Dalits remain 

deplorable and they continue to be denied 

access to public places such as places of 

worship, water wells etc across India. If 

Dalits touch something, they need to be 

purified by washing with Ganga jal, water 

of holy Ganges, or cow urine as was 

reportedly done at the Hanuman Temple of 

Allapur village in Medak district of 

Andhra Pradesh. Yet, rape of the 

untouchable women by the upper castes 

especially in Uttar Pradesh, Madhya 

Pradesh, Bihar and Rajasthan is a common 

practice. Societal double standards, 

hypocrisy and impunity contribute to 

growing atrocities of the Dalits by the 

upper castes. Of the 4,084 cases of 

atrocities against Scheduled Castes 

recorded in Orissa from 1 March 2000 to 1 

May 2004, charge sheets have been 

submitted in only 2,518 cases. While five 

persons have been convicted of such 

charges during 2000, four have been 

convicted in 2001 and one each in 2002 

and 2003. Due to the unwillingness of the 

State to deliver justice, impunity has been 

a common feature of the massacres of the 

Dalits whether at Kumher of Rajasthan on 

6 June 1992 or at Laxmanpur Bathe of 

Bihar on 1 and 2 December 1997. 

The Adivasis, indigenous peoples , who 

are also termed as Scheduled Tribes face 

discrimination in the administration of 

justice, land alienation, forced evictions etc. 

They have also been disproportionate 

victims of the development process 

undertaken in the country. Yet, nothing is 

more starkly clear than the fact that each 

monsoon (May-August), thousands of 

indigenous peoples die from Maharashtra to 

Tripura due to lack of medical facilities and 

malnutrition. Each year, only the statistics 

on the number of tribals’ death increase 

without any effective measures to 

ameliorate their conditions. 

In a country where the Gross National 

Product depends on the agricultural sector 

that is totally dependent on the monsoon, 

the farmers have been facing tremendous 

difficulties. While hundreds have 

committed suicide in Andhra Pradesh, the 

Rajasthan government slapped National 

Security Act against Hetram Beniwal, 

Vallabh Kochher and Saheb Ram Punia of 

the Kisan Mazdoor Vyapari Sangarsh 

Samiti to suppress the movement of the 

farmers for more water. 

Prison conditions remain poor 

whether in Rajasthan and Jammu and 

Kashmir. In Barmer district jail of 

Rajashthan, there were neither female staff 

to deal with female prisoners nor did 

vii


female prisoners have separate provisions. 

Because of the lack of escorts to produce 

before the courts, undertrials from Kerala 

to Jammu and Kashmir are denied access 

to justice. The condition of about 55 

prisoners who have been lodged in jails at 

Bhagalpur, Gaya and Muzaffarpur of 

Bihar and awarded death sentence but 

there has been inordinate delay in the 

execution, remained the most pitiable. 

The misuse of the Prevention of 

Terrorism Act of 2002 requires little 

introduction. Though about 145 POTA 

detainees involved in 59 cases were 

released in June 2004 in Jharkhand 

because of the lack of evidence, many of 

the released POTA detainees continued to 

remain in prison under various offences 

filed under the Criminal Procedure Code 

and Indian Penal Code. Many are too poor 

to pay the bail bond money and have little 

access to legal aid. However, those police 

personnel who have knowingly abused 

POTA have been given complete impunity. 

About 15 States in India face internal 

armed conflict and human rights 

violations in these States remain a serious 

issue of concern. Undoubtedly, all the 

armed opposition groups have been 

responsible for violations of international 

humanitarian laws by indiscriminate 

killings of civilians, kidnapping, hostage 

taking, extortion and “passing of 

sentences and the carrying out of 

VIII 

executions without previous judgment 

pronounced by a regularly constituted 

court affording all the judicial guarantees 

which are recognized as indispensable by 

civilized peoples”. The killing of 17 

innocent school children at Dhemaji 

district by the ULFA on 15 August 2004 

is a clear example. What is most 

disconcerting is that the government also 

justifies impunity for human rights 

violations by the security forces in these 

armed conflict situations for keeping the 

socalled morale of the security forces. 

Respect for human rights is the 

strongest weapon in the counterinsurgency 

operations or in the war against 

terror. The strength of any country 

claiming itself as “democratic” lies in 

upholding the supremacy of the judiciary 

and primacy of the rule of law. It requires 

putting in place effective criminal-law 

provisions to deter the commission of 

offences against the innocents and 

punishment for breaches of such 

provisions while exercising executive 

powers; and not in providing the arbitrary 

powers to the law enforcement personnel. 

To be truly democratic, India must 

decisively move away from the regime of 

sovereign immunity towards a regime of 

accountability. ■ 

Suhas Chakma 

Director, ACHR

Chapter1 

Andhra Pradesh 

I. Overview 

Since the Congress and Telangana Rashtriya Samiti (TRS) 

coalition won the State Assembly elections in May 2004, the 

State government has taken measures for holding talks with 

the Peoples’ War Group, a radical left wing armed opposition group 

also known as the Naxalites. Following the declaration of ceasefire 

in June 2004, Andhra Pradesh government lifted six-year-old ban on 

the PWG on 21 July 2004. 1 The first round of talk between the 

government and the Naxalites was held on 16 October 2004. Though

INDIA HUMAN RIGHTS REPORT 2005 Andhra Pradesh 

an independent cease-fire monitoring is in 

place, peace remained on the edge. 

The cease-fire with the Naxalites 

helped to reduce human rights violations 

during the second half of the year. 

However, two and half decades of 

insurgency, which has already claimed 

about 6,000 lives, 2 has institutionalised the 

brutality of the police. Andhra Pradesh 

Police personnel have been responsible for 

arbitrary arrest, torture, rape and summary 

executions in fake encounters. The newly 

elected State government failed to take 

action on as many as 47 lock-up deaths 

and 732 incidents of police firing in which 

inquiries have been ordered. Some of the 

cases have been pending for more than a 

decade since 1993. 3 

The State police authorities refused to 

take action against the culprits despite the 

High Court judgement of October 2003 

pertaining to the custodial death of 

Musalaiah. He was picked up by the police 

from Rajahmundry town of East Godavari 

district on 8 August 1999 on charges of 

selling illicit liquor and was tortured to 

death. Only after the victims’ family 

members assisted by human rights activist, 

M Subba Rao approached the High Court 

again for contempt of court that the 

Superintendent of Police, East Godavari 

district suspended 10 policemen pursuant 

to the fresh direction of the High Court in 

July 2004. 4 

The Dalits continued to suffer 

violence at the hands of the upper caste 

Hindus and denied access to places of 

worship, water wells etc. 

2 

The indigenous peoples, Adivasis, 

also continued to suffer from 

discrimination in the administration of 

justice, denial of access to health care and 

denial of the right to land. On 8 March 

2004 the Supreme Court took strong 

exception to the application of Criminal 

Procedure Code, 1898, instead of the 

CrPC, 1973 in the Scheduled Areas. This 

led to more period of incarceration than 

provided in the conviction orders for more 

than 3,000 prisoners in the Scheduled 

Areas. 5 

The Naxalites were responsible for 

serious violations of international 

humanitarian law including torture and 

killing of alleged police informers, political 

activists and socalled class enemies. 

In the first 200 days of the Congress- 

TRS alliance government, there were 

reports of death of more than 2,00 farmers 

through suicide and starvation. 6 According 

to official sources more than 1,381 farmers 

have reportedly committed suicide7 between 1998-2004. Unofficial sources 

put the deaths at over 3,000. 8 

On 1 November 2004, the state 

government announced its decision to 

establish the State Human Rights 

Commission. 9 But at the end of the year no 

concrete measure was taken. 

II. Violations by security forces 

i. Arbitrary, summary and extrajudicial 

executions 

Arbitrary, summary and extrajudicial 

executions have been rampant in Andhra 

Pradesh. The procedures issued by


National Human Rights Commission on 

fake encounters had little impact on the 

ground. 10 The National Human Rights 

Commission registered 84 cases of 

custodial deaths in 1999-2000, 78 cases in 

2000-2001, 97 cases 2001-2002 and 122 

cases in 2002-2003. 11 

Impunity is one of the root causes 

encouraging violations of the right to life. 

The State government has yet to take 

action regarding the inquiry reports on as 

many as 47 custodial deaths and 732 

incidents of police firing. As per rules, the 

State government must obtain inquiry 

reports from magistrates within four 

months. In cases where the inquiry into a 

custodial death could not be completed 

within the stipulated period, the inquiry 

officer is required to record the reasons 

and seek permission from the sessions 

judge for some more time. Backward 

districts of Karimnagar (296), Warangal 

(109) and Nizamabad (72) have the largest 

number of pending inquiry reports on 

police firing. About 107 cases of police 

firing have been pending since 1993. The 

relatives of the victims have been denied 

compensation in many cases. 12 

On 13 April 2004, 30-year-old 

Dhanraj, resident of Kukatpally 

Municipality area in Hyderabad was 

allegedly called to the Kukatpally police 

station on the complaint of his friend who 

accused him stealing of Rs. 72,000. 

Unable to bear the torture, he reportedly 

committed suicide on 14 April 2004. 13 

On 17 July 2004, Excise Enforcement 

officials of Punganur arrested Bayyanna, a 

rickshaw puller, for allegedly possessing 

country liquor. The next day, his body was 

found on the outskirts of the town. 

Preliminary inquiry by the police revealed 

that Bayyanna was tortured to death. Later 

on, Excise Circle Inspector Narasimha 

Reddy, excise constables Ramachandrudu, 

Reddayya, Prasad and Ramachandra of 

Punganur excise police station were 

arrested. 14 

On 28 October 2004, Gangaraju 

Jawahara Babu was arrested on the charge 

of eve-teasing and detained in the lock-up 

by the Sattenapalli police in Guntur 

district. He reportedly died of fits and 

frothing in the police station on the 

morning of 29 October 2004. 15 

On 21 December 2004, Gangaaju 

Gangaiah, 55 of Srikalahasti under 

Chittoor district was arrested in an alleged 

case of theft. He died in the custody of 

Srikalahasti police station. Police claimed 

that Gangaiah had committed suicide with 

his lungi in the cell. However, the family 

members alleged that he was tortured to 

death. On 22 December 2004, the relatives 

of the victim staged a dharna in front of the 

Srikalahasti police station. 16 

The police were also responsible for 

unlawful and arbitrary deprivation of life 

through arbitrary use of fire arms. 

On 18 January 2004, Andhra Pradesh 

Police reportedly killed two villagers and 

injured three others when police opened 

fire to quell alleged rioting mob at Salur in 

Vizianagaram district of Andhra Pradesh. 

The mob was protesting against the 

apprehension of 15 alleged gamblers by 

3


Salur police station Sub-Inspector V 

Venkata Appa Rao and demanded their 

release. 17 

On 1 November 2004, one person 

reportedly identified as Mujahid was 

killed in police firing on a crowd in front 

of the office of the Director-General of 

Police in Hyderabad. The crowd tried to 

prevent the arrest of religious leader 

Moulana Nasiruddin, an accused in the 

case of murder of former Gujarat minister 

Haren Pandya by the Gujarat police. The 

Home Minister reportedly ordered an 

inquiry into the incident.18 

During counter insurgency operations, 

Andhra Pradesh police personnel also 

claimed to have killed many Naxalites in 

encounters. On 25 January 2004, police 

shot dead one Yerra Satyam, an alleged 

high-ranking member of the PWG and his 

associate Sivanda alias Sankar. They were 

believed to have been behind the 

assassination attempt on then Chief 

Minister Chandra Babu Naidu in October 

2003. Civil liberties activists alleged that 

the two Naxalites were extrajudicially 

executed. 19 

On the night of 28 March 2004, three 

members of PWG were reportedly killed 

in an exchange of fire in Nallamala forest 

area of Amramabad mandal20 in 

Mahabubnagar district. Another Naxalite 

was killed in an encounter that took place 

on the outskirts of Chinna Kistapur village 

in Jagadevpur mandal in Medak district on 

the same date. 21 On 4 March 2004, four 

Naxalites were reportedly killed in an 

encounter in the deep forests near 

4 

Pamidipadu of Bollapalli mandal in 

Guntur district. 22 On 13 May 2004, two 

PWG Naxalites - B Raja alias Balanna and 

G Sekhar alias Raghu were reportedly 

killed in an encounter with police at 

Akenapalli in Adilabad district. 23 

While it is difficult to verify the 

claims of encounter killings, Andhra 

Pradesh Civil Liberties Committee and 

Human Rights Forum reported many fake 

encounter killings. In August 2004, the 

Forum highlighted large number of 

encounter killings in Palnadu where police 

claimed to have executed 42 Naxals in a 

record time of 15 months during 2003-04. 

Many innocent persons were allegedly 

executed. 24 

ii. Arbitrary arrest, detention and 

torture 

Andhra Pradesh Police continued to 

arrest without warrant and torture innocent 

people and suspects for bribes and to 

extract confessions. 

On 19 April 2004, Congress candidate 

Galla Aruna Kumari of Chandragiri 

constituency, her husband Ramachandra 

Naidu and son Jayadeva Naidu were 

beaten and arrested for protesting against 

the forcible removal of the hoardings of 

her election campaign by the local 

returning officer under police cover. Then 

Chief Minister N Chandrababu Naidu was 

visiting the constituency. 25 

On 5 May 2004, two drunken 

policemen, Ravinder Goud and 

Venkateswarlu of Humayunagar police 

station, allegedly beaten up one


Mohammed Habeeb, the watchman of the 

Fisheries Department office in Masab 

Tank after he refused to allow them to 

enter the premises with a prostitute. A 

case was reportedly registered against the 

two constables for causing hurt and 

criminal trespassing but no action was 

reportedly taken. 26 

In June 2004, a poor woman P.K. 

Vannamma of Penekalapadu in Kanekal 

Mandal under Anantapur district was 

allegedly beaten up by the police to evict 

her from her lands at the behest of one 

Sanjiva Reddy. Vannamma was admitted 

at the Anantapur General Hospital after the 

beating. 27 

In the wee hours of 28 June 2004, the 

Andhra Pradesh Police led by Circle 

Inspector Venkat Reddy raided a private 

stone quarry-cum-crusher unit at Fakirbad 

of Navipet Mandal. The quarry was 

allegedly using detonators, which are also 

used by Naxalites. The police reportedly 

seized a few ordinary detonators from the 

quarry office. Anjaiah, the quarry manager 

along with 10 other labourers was picked 

up by the police and brought to the police 

station. The police interrogated Anjaiah 

and the labourers for around seven hours, 

severely torturing them to know about the 

source of the supply of blasting materials. 

Anjaiah reportedly collapsed at the police 

station during the interrogation. The police 

then reportedly shifted him to a private 

hospital at Nizamabad stating that he 

suffered heart attack. 28 

On 20 November 2004, three 

prisoners lodged in the Central Jail in 

Warangal in Andhra Pradesh - Venkat 

Reddy, B Ravi and Mohammed Yaqub 

allegedly attempted suicide for the second 

time in a week to escape atrocities of the 

Jail Superintendent, R Narsimha Reddy. 

They consumed sleeping pills in excessive 

quantity. Other prisoners of the jail also 

went on an indefinite fast in solidarity with 

them. 29 

On 24 December 2004, 23-year-old 

Anand committed suicide in Kurnool town 

of Andhra Pradesh by jumping in front of 

a train because of police torture. 

According to a letter purportedly written 

by the deceased, a copy of which was sent 

to an English daily on 25 December 2004, 

Anand and his friends David, Naveen, 

Mujeeb and Bhaskar were brutally 

tortured by sub-inspector Ravi Kumar. The 

Sub-Inspector had picked them up while 

they were loitering on the road. The Sub- 

Inspector had allegedly urinated in the 

mouth of the youngsters. 30 

III. Political killings 

Political killings between the 

Congress Party and the Telegu Desam 

Party (TDP) intensified after the Congress 

party came to power. 

TDP claimed that its party men were 

being systematically targeted by the 

Congress workers. On the night of 7 

September 2004, 35-year-old TDP worker 

Kedar Naidu was attacked by his rivals 

when he was closing his automobile spare 

parts shop. The assailants first threw 

country-made bombs at him and then 

hacked him to death with axes. The 

5


incident took place when the TDP had 

given a call for strike in Anantapur district 

to protest against such incidents. In early 

September 2004, TDP alleged that 30 TDP 

workers including 14 in Anantapur alone 

were killed in political violence sporead 

over 127 villages in 15 districts. 31 

In Anantapur district, 182 political 

workers were reportedly killed between 

1992 and 2004. They included 96 

Congressmen and 86 TDP workers. In 

2004, 30 TDP men and 19 Congressmen 

were reportedly killed in 16 districts in 

Andhra Pradesh. They included 17 TDP 

and 9 Congress workers in Rayala Seema 

region. The Andhra Pradesh State Cabinet 

in its meeting on 17 September 2004 

reportedly ordered a judicial inquiry into 

the factional violence and killings in 

Anantapur district of Rayala Seema region 

during the last 15 years. 32 

IV. Atrocities against the Dalits 

The Dalits continued to suffer from 

physical violence at the hands of the upper 

caste Hindus. They were also denied 

access to public places such as places of 

worship, water wells etc. 

After a Dalit teen, Tukaram of Allapur 

in Medak district offered prayers at the 

village Hanuman Temple after securing 

first class in his intermediate examination 

on 24 May 2004, the upper caste Reddys 

and Yadavs in the village allegedly issued 

a diktat, prohibiting the 75 Dalit families 

living in Allapur from shopping from the 

upper castes or drawing water. The upper 

caste villagers summoned Tukaram’s 

6 

father, Tulsiram, and reprimanded him on 

24 May 2004 itself. Not satisfied with his 

apology, they imposed Rs 500 fine on him. 

On 29 May 2004, the upper caste Hindus 

had the entire temple complex cleaned 

with cow urine and conducted special 

pujas to “cleanse” the temple from the 

“imprints of untouchables” The Dalits 

were also stopped from entering the 

community centre and doing any 

agricultural work in the village. 33 

On 22 October 2004, members of the 

upper caste allegedly prevented P 

Pentaiah, a Dalit Sarpanch of Peda 

Amberpet under Hayat Nagar police 

station in Hyderabad city from entering 

Hanuman Temple and offering the Ravana 

Dahanakanda rituals. He was also 

allegedly beaten up and abused. 34 

In Depur village of Nellore district, 

the Dalits were denied access to the water 

wells. The dalit women were often not 

allowed to dip their buckets into the wells 

and made to wait for hours to get water. 

Only after the members of the upper caste 

Reddy community were completed with 

filling their buckets first, they were 

allowed to draw water. Sometimes, they 

had to wait all day to get their bucket 

filled. Dalits cannot wear slippers or ride 

bicycles in the upper castes area. In school, 

Dalit children were made to sit separately 

from the upper castes. 35 

In February 2004, the NHRC 

reportedly intervened into the plight of a 

minor Dalit girl who gave birth to a child 

after an upper caste man in a village in West 

Godavari district had allegedly raped her. 36


On 4 February 2004, seven Dalits of 

Kistayepalem under Mangalagiri Mandal 

in Guntur District were reportedly injured 

after being attacked by caste-Hindus of 

Mandadam under Tulluru mandal. They 

were reportedly attacked for refusing to 

accept 25 paise coins by the bus conductor, 

Epuri Ramarao who was a Dalit. The upper 

caste youths reportedly alerted their 

relatives through mobile phones and told 

them that the Dalits of Kistayapalem 

attacked them. A gang of upper caste 

youths reached Kishtayapalem hemlet on 

two-wheelers and attacked the Dalits with 

sticks and chains and injured seven Dalits. 37 

The segregation continued even in 

public places such as schools. In a 

government primary school at Kontur in 

Medak district of Andhra Pradesh, 38 of 

the 46 students who were supposed to stay 

for mid day meal reportedly leave the 

school without touching the food as it was 

cooked by two Dalit women. Only 14 

Dalit students eat at the school. 38 

The Dalits were also deprived of 

ownership of lands. Between 1948 and 

1970, the abolition of the Estates Act, the 

Enam Abolition Act and the Telangana 

Tenancy Act effectively transferred the 

control of over 349 lakh acres to farmers 

and tillers. But only 0.5 per cent of these 

lands have reportedly reached the hands of 

the Scheduled Castes and Scheduled Tribes. 

Despite being issued pattas (title deeds) 

later on, most lands were never handed over 

to the Dalits. 39 

To protest against the failure of the 

district administration to restore their 

cultivable lands in Chinnaganjam mandal 

of Prakasam district, two Dalit women - 

Mark Rani and M Yashoda reportedly 

attempted to commit suicide at the District 

Collector’s office compound in Ongole on 

14 September 2004. Rani, who was rushed 

to the Ongole government hospital died in 

the early hours of 15 September 2004. 40 

In July 2004, six Dalit youths namely 

Vadlamudi Samson, Pasumarthi 

Rajanikanth, Nattala Anjaneyulu, Chundi 

Babu-Rao, Nattala Hanumantha Rao and 

Nattala Anil of Vengamukkalapalem 

village in Ongole Mandal of Prakasam 

district reportedly attempted suicide by 

consuming pesticide in front of the District 

Collector, Ongole. The six were 

immediately shifted to the government 

hospital. Hanumantha Rao died while 

undergoing treatment. In 1987, the 

government had distributed about 30 acres 

of land to the Dalits in Survey No 122/10 

and 122/12 in Vengamukkala palem. 

When they did not utilise these lands, the 

government after giving notification, 

cancelled the orders over the distribution 

of lands. The Dalits were demanding that 

these lands be allotted to them again. 41 

On 16 December 2004, Garnepudi 

Nageswara Rao, a Dalit, died of starvation 

following ex-communication of the Dalits 

in the village of Pedamakkena in 

Sattenapalli Mandal, Guntur district. The 

caste Hindus announced a social boycott 

of the Dalits through mikes and enforced it 

strictly imposing penalty of Rs 500 on 

those who violate the order. Instead of 

hiring the Dalit labourers in Pedamakkena, 

7


the upper castes hired labourers from 

Kurnool for cultivation. An inquiry was 

ordered but the Dalits continued to be 

denied work. 42 

V. Atrocities against the Adivasis 

For the last three decades, indigenous 

peoples of Andhra Pradesh had been facing 

discrimination in the administration in 

justice. 

In 1974, the State government of 

Andhra Pradesh issued a notification 

pertaining to the application of Criminal 

Procedure Code (CrPC), 1898, instead of 

the CrPC, 1973 to the Scheduled and tribal 

areas in Adilabad, Warrangal, Khammam, 

East Godavari, Vasakhapatnam, 

Vizianagaram and Srikakulam districts. 43 

The 1973 Code has a provision for setting 

off the period served by undertrial 

prisoners while calculating a sentence of 

imprisonment. But since the Code was not 

applicable to tribal areas, prisoners in 

these areas had to serve the full sentence 

imposed on conviction, notwithstanding 

the period served as undertrials. Further, 

the benefit of anticipatory bail for nonbailable 

offences provided under the 1973 

Code was not available to the tribals. 44 In 

March 2004 the Supreme Court held the 

non-extension of benefits of amendments 

of the CrPC of 1973 to the Scheduled 

Areas as illegal. On 25 March 2004, the 

state government reportedly issued an 

order extending the provisions of the CrPC 

of 1973, to all the tribal areas in the State. 

Over 3,000 tribals languishing in jails even 

after serving out their sentences were 

8 

ordered to be released. 45 

The indigenous peoples also faced 

forced evictions. On 22 September 2004, 

the forest officials attempted to destroy the 

crops of the tribals of Pathipaka village 

under the Chintarevupalli reserve forest 

range in Vararamachandrapuram mandal 

in Khammam district. About 100 tribal 

farmers raised crops in an area of 80-acres 

which allegedly falls in the 

Chintarevupalli forest area. The forest 

officials remained silent when the tribals 

ploughed the land and sowed seeds. 

However, when the crops reached reaping 

stage, the forest officials sought to destroy 

them. 46 

The Scheduled Areas inhabited by 

indigenous peoples also have little access to 

health care facilities. According to a report 

of the National Family Health Survey-II, 

the scheduled tribes of Andhra Pradesh 

have not been getting access to good 

medical and health care facilities. There has 

been lack of doctors and paucity of 

medicines. The primary health centres are 

far from their dwelling places. The 

womenfolk suffer the worst. More than 

60% of the 24,57,809 tribal women in 

Andhra Pradesh reportedly get married 

before the age of 18 but pregnant tribal 

women rarely get access to a qualified 

doctor. The survey reported that 43.1 per 

cent of pregnant tribal women do not get 

ante-natal check ups. About 80 per cent of 

them give birth to their babies at their 

homes. 47 

The State government has also not 

taken measures for extension of scheduled


areas in many tribal villages. The State 

government notified 5,400 villages as 

scheduled area but 796 villages were left 

out though all the residents were tribals. 

The State government has so far refused to 

verify their claims for inclusion into the 

scheduled areas. 48 

VI. Violence against women 

Women face societal violence as well 

as the atrocities perpetrated by the security 

forces. 

Three tribal girls of Botakupallythanda 

village in Veldurthi mandal of Guntur 

district were reportedly raped by five 

constables in the hillocks of the village 

during a combing operation on 26 

September 2003. The three girls identified 

the alleged five rapists during a test 

identification parade condcuted by the 

State Human Rights Committee in 

Hyderabad on 14 June 2004. 49 

On 28 June 2004, Smt. Gangavalli 

Pushpakumari of Pullalacheruvu village in 

Prakasam district committed suicide by 

setting herself ablaze after being raped by 

Sub Inspector Rameshbabu on 27 June 

2004. 50 

VII. Atrocities by the armed 

opposition groups 

The Peoples War Group, also known 

as the Naxalites, have also been 

responsible for executions of political 

opponents, alleged police informers and 

socalled class enemies in violation of the 

Common Article 3 of the Geneva 

Conventions. The members of both the 

Telegu Desam Party and Congress Party 

were specifically targeted. 51 

On 14 January 2004, N Venkateswarlu 

of Tuthikonda village of Guntur district, a 

Congress leader and member of the Zilla 

Parishad Territorial Constituency was shot 

dead by alleged PWGs suspecting him to 

be a police informer. 52 

On 5 February 2004, alleged PWG 

cadres gunned down P Mallayya, a 

landlord and Mandal level TDP leader at 

Naramalapadu village in Guntur district. 

They also set fire to a tractor and a 

motorcycle found in the premises of his 

house. Thereafter, they broke the legs of P 

Pullayya, a washer man, with sticks and 

iron rods suspecting him to be a police 

informer. 53 

On the night of 11 February 2004, 

alleged Naxals gunned down three persons 

including a TDP leader Allu Venkateswara 

Reddy Cherlopalli village in Karkapuram 

division of Prakasam district. 54 

On 13 February 2004, a senior leader 

of the Telugu Desam Party in Rangareddy 

district, K. Kishanji, was allegedly shot 

dead by suspected PWG when he went to 

his native village, Rayapolu, to mobilise 

people for the party’s `flag festival’ at 

Ibrahimpatnam. 55 

On 12 February 2004, the People’s 

War Group (PWG) Naxalites allegedly 

shot dead a TDP leader in Ranga Reddy 

district and blasted the Mandal Parishad 

office in Anantapur district. 56 

On 21 February 2004, alleged PWG 

cadres gunned down Vasudeva Reddy and 

Ramawath Chandru at Devarakonda 

9


Mandal in Nalgonda district accusing 

them of being police informer.57 

On 7 March 2004, alleged PWG 

cadres shot dead a Telugu Desam Party 

leader, Yenugu Malla Reddy on the 

outskirts of Baswapuram in Bhongir 

Mandal, suspecting him to be a police 

informer. 58 

On 18 March 2004, alleged Naxals 

shot dead M Venkat Raju, husband of 

Tribal Welfare Minister M Manikumari, 

when he alighted from his car for a cup of 

tea at a roadside hotel at Paderu in 

Visakhapatnam district. Raju, the 

Madugula Mandal TDP president, was 

allegedly on the Naxal hit list. 59 

On 27 March 2004, alleged PWG 

Naxalites shot dead Puttapka Komrelli, a 

TDP Mandal level leader, who was the 

husband of a woman sarpanch, at 

Ansanpally village in Malhar Mandal. The 

Naxals waylaid Komrelli while he was 

proceeding to Manthani on his bike and 

fired 12 rounds killing him on the spot. 60 

On 13 April 2004, alleged PWG 

Naxalites shot dead TDP leader and vicepresident 

of Telakapally Mandal Parishad 

Sugunakar Rao at his house. 61 

On 1 May 2004, a former Naxalite 

named Venkatadri alias Murali of 

Sakibanda village was gunned down by 

allged PWG cadres in the hillocks situated 

near Sakibanda panchayat in 

Chinnamandem in Cuddapah District. 62 

On the afternoon of 6 May 2004, two 

alleged Naxalites came to the house of 

MTPC Member Palthi Rajarao in Palthi 

Thanda, near Parvedula village limits 

10 

under Peddavura mandal of Nalgonda 

district and took him out on the pretext of 

talking with him. He was shot on the 

temple and chest at point blank range, 

killing him on the spot. 63 

On 14 May 2004, alleged Naxalites 

shot dead an ex-sarpanch and mandal 

Telugu Desam party activist, B. 

Subramanyam Reddy, in Bodevandlapalle 

village under Piler police limits in Chittoor 

district. 64 

VIII. Special Focus: Starvation 

deaths of the farmers 

More than 1,381 farmers have 

reportedly committed suicide65 between 

1998 and 2004 according to official 

figures. Unofficial sources put the deaths 

at over 3,000. 66 Within a fortnight after 

Congress took over on 14 May 2004, more 

than 100 farmers committed suicide. 67 In 

the first 200 days, there were reports of 

death of more than 2,00 farmers through 

suicide and starvation. 68 

In May 2003, National Human Rights 

Commission had made specific 

recommendations to address the farmers’ 

plight. But little measures were taken to 

implement them. On 7 May 2004, the 

National Human Rights Commission’s 

Special Rapporteur reportedly visited the 

Jogaiahpalli village of Thimmapur 

mandal under Karimnagar district to 

investigate the reported starvation death 

of a villager, Mamidi Ambadas. 69 Taking 

suo moto cognizance of newspaper 

reports about fresh cases of suicides by 

debt-ridden farmers in the state, including


women, the National Human Rights 

Commission on 31 May 2004 reportedly 

asked Chief Secretary, Andhra Pradesh 

government, to submit a report within 

four weeks. The Andhra Pradesh 

government reportedly failed to respond 

to the recommendations of the NHRC 

despite several reminders. 70 

On 12 July 2004, Andhra Pradesh 

government announced a judicial inquiry 

into farmers’ suicides in the state since 

1998 to look into the total number of farmrelated 

suicides and establish the reasons 

behind them. 71 

On 10 November 2004, Andhra 

Pradesh Government declared that it 

would distribute one lakh acres of lands 

among the poor. 72 However, farmers 

continued to commit suicide. ■ 

11


12

Chapter2 

Arunachal Pradesh 

I. Overview 

After dissolution of the State Assembly on 6 July 2004 

following the downsizing of the Ministry pursuant to the 

Anti-Defection Act, the Congress Party won the Arunachal 

Pradesh State Assembly elections held in October 2004. 

For the first time, an estimated 1,497 Chakma and Hajong 

citizens exercised the right to franchise in May 2004 parliamentary 

general elections and October 2004 assembly elections on the 

directions of the Election Commission of India. However, more than 

20,000 Chakma and Hajong eligible voters were not included into

INDIA HUMAN RIGHTS REPORT 2005 Arunachal Pradesh 

the electoral rolls. More than 10,000 

Chakmas and Hajongs migrants have also 

not been granted Indian citizenship. About 

4,000 Chakmas had submitted their 

applications to the Ministry of Home 

Affairs, Government of India in 1997 

pursuant to the Supreme Court judgement 

but not a single application has so far been 

processed. 

Serious human rights violations 

against the Chakmas and Hajongs 

remained the main concern in Arunachal 

Pradesh. Following the murder of a local 

public leader, Innaolaong Singpho 

allegedly by some miscreants in December 

2004, the All Arunachal Pradesh Students 

Union turned the murder into a communal 

issue1 and unleashed fresh atrocities 

against the Chakmas and Hajongs. One 

Hajong was killed, dozens were injured 

and 33 Chakma houses were torched. The 

entry of the Chakma and Hajong students 

at Innao Secondary School in Changlang 

district was temporarily banned. On 10 

December 2004, underground National 

Liberation Front of Arunachal (NLFA) 

headed by K H Tara served quit notice to 

the Chakmas and Hajongs to leave 

Arunachal Pradesh within two months. 2 

Although, NLFA has not been 

relatively active, armed opposition groups 

from neighbouring Assam and Nagaland 

reportedly maintained their presence 

especially in the Changlang district in the 

State. Many innocent persons have been 

victims of atrocities perpetrated both by 

the armed opposition groups from outside 

of Arunachal Pradesh and the security 

14 

forces. 3 On 16 November 2004, the army 

personnel posted in Tikhak Putak village 

under Changlang district were attacked. 

Three persons were killed and seven were 

injured. The army subsequently launched 

combing operations. 4 On 13 December 

2004, the Assam Rifles personnel 

reportedly shot dead one Tana Profulla, a 

civilian, while entering a jungle along with 

three of his friends. 5 

II. Discrimination against the 

Chakmas and Hajongs 

About 35,000 Chakmas and Hajongs 

migrants from erstwhile East Pakistan 

(now Bangladesh) were settled in 

Arunachal Pradesh in 1964. Although, all 

other migrants who came from erstwhile 

Undivided India were accorded Indian 

citizenship, the Chakmas and Hajongs of 

Arunachal Pradesh have not been granted 

the same. 

In the mid 1990s, the All Arunachal 

Pradesh Students Union and the State 

Government of Arunachal Pradesh 

perpetrated serious violations of human 

rights to forcibly evict the Chakmas and 

Hajongs. The Committee for Citizenship 

Rights of the Chakmas of Arunachal 

Pradesh approached the National Human 

Rights Commission (NHRC) to seek 

protection and security. In October 1995, 

NHRC approached the Supreme Court as 

the State government of Arunachal 

Pradesh refused to comply with its 

directions for protection of the lives, 

liberties and properties of the Chakmas 

and Hajongs. The Supreme Court in its


judgement on 9 January 1996 in the case 

of NHRC vs. State of Arunachal Pradesh 

and Anr (C.W.P. No. 720 of 1995), among 

others, directed the Central Government 

and the State government of Arunachal 

Pradesh to process the citizenship 

applications of those Chakmas and 

Hajongs who had migrated in 1964, 

protect their lives and liberties and not to 

evict them without following due process 

of law. After eight years, not a single 

citizenship application has been processed. 

On 2 January 2004, Election 

Commission of India suspended all 

electoral activities in four Chakma and 

Hajong inhabited Assembly 

Constituencies of Doimukh, Chowkham, 

Bordumsa Diyun and Miao for noninclusion 

of the Chakmas and Hajongs, 

who are citizens by birth, into the electoral 

rolls. The Election Commission in its 

order of 31 March 2003 and 24 April 2004 

had ordered for special revision of 

electoral rolls in these four Assembly 

Constituencies pursuant to the judgements 

of the Supreme Court and Delhi High 

Court. The Election Commission had 

earlier deputed independent observers 

during the revision of electoral rolls from 

April to May 2003. However, the Electoral 

Registration Officers rejected the 

applications of the Chakmas and Hajongs 

on frivolous grounds. Out of a total of 

11,360 claimants only 1497 claimants i.e. 

13.19% were accepted and enrolled. These 

1497 claimants were later arbitrarily 

deleted through a notification on 26 June 

2003 pursuant to the decision of the 

cabinet of state government of Arunachal 

Pradesh of 14 May 2003 that their 

inclusion violates the Bengal Frontier 

Regulation, 1873 or Inner Line 

Regulation. However, the Election 

Commission of India held that “the 

preparation and revision of electoral rolls 

was a constitutional duty conferred on the 

Commission by Article 324 (1) of the 

Constitution and the preparation and 

revision of electoral rolls were governed 

by the provisions of the Constitution and 

the Acts and the rules relating thereto and 

that the State cabinet resolution dated 14- 

05-2003 in so far as it related to the 

preparation and revision of electoral rolls 

was not in consonance with the provisions 

of the constitution and acts and rules 

governing the matter”. 6 

The Election Commission of India in 

its order (No.23/ARUN/2003) of 3 March 

2004 held that “the names of the 

aforesaid eligible Chakmas in the State of 

Arunachal Pradesh have not been 

included in the electoral rolls mainly for 

the reason that they belong to the Chakma 

tribe/race, which is violative of the 

Constitutional mandate of Article 325” 

and ordered the inclusion of 1497 voters 

into the electoral rolls. 7 

Subsequently, 1497 the Chakmas and 

Hajongs who are citizens by birth were 

able to exercise the right to franchise in the 

parliamentary elections in May 20048 and 

the State Assembly elections in October 

2004 pursuant to the directions of the 

Election Commission of India. 

The Chakmas and Hajongs continued 

15


to face racial discrimination from the State 

government. The State government also 

continued to remain a mute witness and 

sometimes, encouraged the activists of All 

Arunachal Pradesh Students Union 

(AAPSU) to take law into their hands. 

On 4 June 2004 the forest officials 

from Diyun Forest Range and the police 

personnel forcibly evicted the 25 Chakma 

families from their homes at Madakka 

Nallah 9 (Sokna Nallah) village under 

Diyun Circle in Changlang district. This 

was despite the fact that various 

departments of the State government had 

recognized the village and approved 

projects to provide electricity connections 

and water supply. The police personnel 

demolished the houses with elephants and 

damaged the crops. Villagers including 

children were reportedly beaten up and 3 

women, namely, Smt Ananda Lata 

Chakma (29), who was 16 weeks 

pregnant, Smt. Biresh Pudi Chakma and 

Smt. Lakhi Pudi sustained injuries by the 

beating by police. All three had to be 

rushed to Tinsukia in Assam for urgent 

medical attention. In its reply to a 

complaint of Asian Centre for Human 

Rights before the National Human Rights 

Commission, State Home Secretary 

replied that since the victim “was still 

pregnant, and there was no abortion”, 

there was basically no torture but only 

scuffle. 

Following the abduction and 

subsequent murder of Innaolaong Singpho, 

a Zila Parishad Member, allegedly by 

miscreants belonging to Chakma 

16 

community on 3 December 2004, the 

AAPSU turned the murder into a 

communal issue10 and unleashed fresh 

atrocities. One Madan Hajong was killed, 

dozens were injured and 33 Chakma houses 

were torched by AAPSU led activists. 

At about 8 p.m. on the night of 6 

December 2004, a group of about 25 locals 

from Dirak Pathar under Bordumsa Circle 

in Changlang district led by AAPSU 

activists burnt down 15 Chakma houses at 

Beghenabari village. Many Chakmas were 

beaten up. One Lakkhan Chakma 

sustained multiple deep wounds. 

On 7 December 2004, Bolanath 

Chakma and Kemcha Chakma from 

Maitripur village were attacked by 

AAPSU activists while returning after 

selling chilies at Bardumsa bazaar. They 

were tortured till they became senseless. 

Presuming that the victims were dead, the 

AAPSU activists put their bodies into the 

sacks, which the victims had used for 

carrying the chilies, and dumped into a 

drain. After couple of hours, the victims 

regained their consciousness and managed 

to reach home. 

On 9 December 2004, the AAPSU 

activists reportedly set ablaze 18 houses of 

Chakma tribal families at Dhumpathar 

village under Diyun Circle. The AAPSU 

activists also robbed the residents of their 

cash and valuables and took away their 

domestic livestocks like goats, pigs and 

chickens. The Indian Reserve Battalion 

personnel reportedly assisted the AAPSU 

activists. 11 

At about 4 p.m. on 12 December 2004,


the AAPSU activists at Tengapani area in 

Lohit district attacked Anil Mohan Chakma 

and Chinta Moni Chakma of Rajnagar 

village under Diyun Circle. While Anil 

Mohan Chakma sustained multiple wounds 

after being chopped, Chinta Moni Chakma 

sustained deep wounds on his thighs. 

At about 1.30 p.m. on 13 December 

2004, a group AAPSU activists reportedly 

attacked the ONGC labourers camping at 

Namchai Sub-divisional headquarter to 

find out whether any Chakma or Hajong 

were employed. After finding Madan 

Hajong, the AAPSU activists took him to a 

Miri Village, Jaipur and murdered him. 

His right hand was chopped off at the 

elbow joint. 12 

There has also ban on admission of 

Chakma and Hajong students at the 

Government Higher Secondary School 

and Government Primary Schools at Miao, 

Government Higher Secondary School, 

Bordumsa in Changlang district and 

Government Higher Secondary School at 

Namsai in Lohit district. The State 

government had withdrawn many middle 

and primary schools and 49 pre-primary 

Anganwadi Centers since 1994. About 147 

Angwadi workers, mainly women, became 

jobless. 13 

The Chakmas and Hajongs have also 

been deprived of basic amenities. 14 All 

items under the Public Distribution 

System were withdrawn in 1994 although 

the Chakmas and Hajongs, deprived of all 

rights, have been suffering from extreme 

poverty. 15 About 14 Chakma villages 

under Miao Sub-Division and Bordumsa 

Circle have no health care facility. 

As many as 1,811 families comprising 

12,351 persons in 14 villages under Diyun 

Circle in Changlang district and 

Chowkham Circle in Lohit district of 

Arunachal Pradesh were displaced by 

floods in June-July 2004. 16 With no aid 

from the State government, poverty 

engulfed the victims of state sponsored 

racial discrimination in India. ■ 

17


18

Chapter3 

Assam 

I. Overview 

Ruled by the Congress Party, State of Assam continued to be 

afflicted by internal armed conflicts and widespread human 

rights violations both by the security forces and the armed 

opposition groups (AOGs). On 25 January 2004, Chief Minister 

Tarun Gogoi stated that Congress led State Government brought an 

end to the incidents of secret killing of the relatives of the leaders of 

the AOGs especially the United Liberation Front of Assam and 

National Democratic Front of Bodoland. 1 About 121 companies of 

Central para-military forces who operate under the Armed Forces

INDIA HUMAN RIGHTS REPORT 2005 Assam 

Special Powers Act of 1958 are deployed 

in Assam. After a series of bomb 

explosions by the armed opposition groups 

in October 2004, Assam decided to recruit 

additional 6,000 policemen, two battalions 

of Armed Police, 4,000 Home Guards and 

5,000 Village Defence Party personnel. 2 

The key armed opposition groups 

active in the State are the United 

Liberation Front of Assam (ULFA), 

United People’s Democratic Solidarity 

(UPDS, anti-talk and pro-talk factions), 

Kuki Revolutionary Army (KRA), Hmar 

People’s Convention (HPC), Dima Halam 

Daogah (DHD) and National Socialist 

Council of Nagaland (Issac-Muivah and 

Kaplang factions), Karbi National 

Volunteer (KNV), National Democratic 

Front of Bodoland (NDFB) and Adivasi 

Cobra Militants of Assam. In 2004, a new 

Karbi armed group, Karbi Anglong 

National Liberation Front (KLNLF) 

surfaced in the Karbi Anglong district. 3 

The Central government and the State 

government of Assam continued peace 

efforts with many armed opposition 

groups in the state. Pursuant to an 

agreement signed in December 2003, 

about 1,000 out of 2,600 surrendered 

members of the Bodoland Liberation 

Tigers (BLT) were to be recruited in the 

Border Security Force, Central Reserve 

Police Force and the Assam Rifles. 4 

The Dima Halam Daoga (DHD) has 

been holding talks with the Union Home 

Ministry. 5 The cease-fire agreement with 

Adivasi Cobra Militants of Assam 

continued. 6 Several rounds of tripartite 

20 

talks were held amongst the UPDS (protalk) 

and Central and State government 

representatives. Although the NDFB 

announced unilateral cease-fire on 8 

October 2004 to be effective from 15 

October 2004, talks with NDFB as well as 

ULFA failed to take off. 

The security forces have been 

responsible for gross human rights 

violations including torture, rape and 

arbitrary, summary and extrajudicial 

executions. Though Assam State Human 

Rights Commission awarded interim 

compensation of Rs 50,000 to the next of 

kin of ULFA cadre Ananta Roy who was 

killed in police custody on 22 October 

1999 there was little information about 

prosecution of the culprits. 7 Most human 

rights violations by both the State and 

Central security forces went unpunished. 

The massacre of 17 innocent children 

at Dhemaji district by the ULFA on 15 

August 2004 demonstrated flagrant 

violations of international humanitarian 

law standards by the armed opposition 

groups in the state. 8 The alleged armed 

groups subsequently killed 49 people in 

the first week of October 2004, followed 

by further killings from 13 to 17 December 

2004. The combined violence of all armed 

groups in 2003-2004 has reportedly 

declined by 24 per cent in terms of 

incidents (from 388 to 295) but the killings 

have increased by 44 per cent (177 to 255) 

as compared to 2002-2003. 9 

Assam continued to be plagued by 

ethnic conflicts especially in Karbi 

Anglong areas causing heavy loss of lives


and displacement. About 1,25,000 persons 

belonging to 23,742 families who were 

displaced in Bodoland areas in 1996-1998 

were yet to be rehabilitated. 

Women became victims of serious 

human rights violations especially in 

insurgency-affected areas. The security 

forces targeted women for sexual violence. 

Although in the rarest of the rare cases of 

its kind, Havildar Satish Kumar and 

Rifleman Rajinder Kumar were court 

martialled and sentenced to 10 years’ 

imprisonment in August 2004 for raping 

an Adivasi woman in Kokrajhar district on 

the intervening night of 29 and 30 June 

2004, most violence against women went 

unpunished. 10 

The budget of the Assam State Human 

Rights Commission (ASHRC), the body 

established by the State government to 

monitor human rights situation, was 

slashed by 2 lakhs for the year 2004-2005. 

The State government sanctioned Rs 20 

lakh against the demand for 1 crore which 

forced the Assam State Human Rights 

Commission to cancel investigations into 

the complaints. 

II. Atrocities by security forces 


executions 

The arbitrary deprivation of the right 

to life in the custody of the police, paramilitary 

and armed forces and jail 

authorities was widely reported from the 

State. The victims include undertrials, 

innocent people and suspected and 

captured members of the armed opposition 

groups. They were killed to extract 

confession of crimes or information 

pertaining to the armed opposition groups 

and sometimes simply in retaliation 

against the attacks by the armed 

opposition groups on the security forces. 

According to the Assam State Human 

Rights Commission, as many as 240 

custodial deaths have been reported in 

Assam as on 31 December 2003. In 2001- 

2002, 30 persons died in custody, of which 

10 were in police custody and 20 in 

judicial custody. 11 The National Human 

Rights Commission registered 33 

custodial deaths in Assam in 1999-2000, 

22 custodial deaths in 2000-2001 and 30 

custodial deaths in 2001-2002. The 

number of deaths in police custody 

remained high with 11 deaths each in 

1999-2000 and 2000-2001, 10 deaths in 

2001-2002 and 15 deaths in 2002-2003. 12 

Death in the custody of armed forces 

The central armed forces deployed in 

Assam for counter insurgency operations 

were responsible for arbitrary violations of 

the right to life. 

On 7 March 2004, troops of the 

62nd Field Regiment allegedly picked 

up two youths, Pratul Daimary, 22 yearold 

2nd year Degree student of 

Dhekiajuli College and Putul Daimary, 

28-year old tea-shop owner from 

Naoherua village under Majbat police 

station in Darrang district of Assam. A 

couple days after they were picked up, 

their dead bodies were handed over to 

21


Paneri police station. The army 

personnel filed an FIR at Paneri police 

station (Case No. 21/04 Under Section 

353/307/34 IPC read with Section 25 (I) 

(A)/27 of the Arms Act) claiming that 

the youths, suspected to be NDFB 

militants, were taken to Lakhimala near 

the Indo-Bhutan border to unearth some 

hidden weapons and they were killed in 

retaliatory action of the army when the 

youths fired upon them. 13 

On 30 April 2004, troops of 2 

Mountain Division allegedly entered the 

rented house of the Pranab Gogoi at 

Bordoloi Nagar area of Tinsukia town and 

shot him dead. The Tinsukia district 

administration reportedly ordered a 

magisterial inquiry to probe the cause and 

circumstances of the death of Pranab 

Gogoi. 14 

On 13 September 2004, CRPF 

personnel stationed at Merapani area on 

Nagaland-Assam border in Wokha district 

reportedly shot at two Naga youths riding 

a motorbike after the duo allegedly defied 

their instructions to stop. One of the youth, 

Khandemo Kiran was killed while the 

other, Lilamo Lotha, was seriously injured. 

The people of Merapani and Bhandari in 

Wokha district insisted that the CRPF men 

fired upon the duo without any 

provocation. 15 

On 20 November 2004, the army 

personnel allegedly killed one Bikash 

Baruah, an Ulfa cadre in Goalpara district 

of Assam after arresting him. The army 

personnel did not handover the dead body 

to the parents. The family members were 

22 

informed only after cremation conducted 

without the knowledge of the family. 16 

On 26 November 2004, Birbol 

Narzary, a farmer of Janaguri under 

Gossaigaon police station of Kokrajhar 

district was killed by troops of the 11th 

Jammu and Kashmir Light Infantry 

stationed at Soraibil. The army personnel 

claimed that Narzary was a hard-core 

NDFB militant. However, locals alleged 

that it was a pre-planed murder. Hundreds 

of people from across the district protested 

against the killing on 28 November 2004. 17 

The family members lodged an FIR at the 

Gossaigaon police station vide case No 

180/2004 on 27 November 2004 and the 

State government of Assam reportedly 

ordered an inquiry on 1 December 2004 

into the killing. 18 

On 30 November 2004, a 35-year-old 

mother of four, Kunju Mushahary was 

killed and her husband was seriously 

injured when troops of the Gorkha 

Regiment stationed at Runikhata in 

Chirang district of Assam allegedly fired 

at their house at Samodwisa village under 

Basugaon police station. The army 

personnel claimed that Mushahary was 

caught in the crossfire when a patrol team 

was engaged in a gunfight with the 

members of the armed opposition groups. 19 

However, eyewitnesses including Kunju’s 

eldest daughter, 12-year-old Sapna 

Mushahary stated that on hearing gunshots 

and the cries of their parents, she rushed 

outside but was forced back indoor by the 

troops. When her younger brother 

Mithikhang Mushahary rushed and


embraced his father, the army personnel 

allegedly kicked him in the face. Nobody 

was allowed to go to the site of the killing 

even 5 hours after the incident. The army 

personnel also allegedly forced the 

villagers to sign or give thumb 

impressions on a piece of paper. On 1 

December 2004, the State Government of 

Assam ordered an inquiry into the 

incident. 20 

Death in police custody 

Assam Police personnel were also 

responsible for arbitrary deprivation of life 

in their custody as well as through the use 

of disproportionate force. 

On 17 February 2004, Sushil Chetia of 

Gowalchapori was allegedly shot dead by 

a personal security guard of the session 

judge of Dhemaji district while returning 

to his village because of personal enmity. 21 

On 12 March 2004, Assam Police 

personnel opened fire on the 

demonstrators in Badarpur area and killed 

one Tajuddin. The demonstrators were 

protesting against deteriorating law and 

order situation. 22 The Assam Government 

constituted a one-man inquiry committee 

headed by T Phukan, district and session 

judge, Karimganj to probe the incident. 23 

On 4 April 2004, 14-year-old detainee 

Bhupen Singh Terang died at Guwahati 

Medical College Hospital while under the 

police custody of Diphu, Karbi Anglong. 

Terang, a class IX student and an orphan 

was arrested on 21 March 2004 on charges 

of having links with the anti-talk faction of 

the UPDS. 24 

On 6 August 2004, Satish Raheja and 

Ruby Raheja were killed by police 

personnel of Bogoribari police station on 

the NH-31 under Dhubri district. The two 

allegedly ignored police signals to stop 

their vehicle at Chagolia police outpost. 25 

On 20 August 2004, Rajeswar Hokai 

was found dead at the Ulukunchi Police 

outpost under Baithalangsu police station 

in Karbi Anglong district after being 

arrested for his suspected ULFA links. 26 

On 20 August 2004, two Tiwas were 

killed after police opened fire on 

demonstrators who were protesting against 

the custodial death of a suspected thief in 

Baithalanshu police station in Karbi 

Anglong district. 27 

Mohammed Irdis, an inmate of the 

Nagaon district jail arrested in connection 

with a murder case in Puthimari under 

Juria police station limits of Nagaon 

district reportedly died in judicial custody 

in April 2004. 28 

ii. Arbitrary arrest, detention and torture 

The arbitrary arrest, detention, torture 

and other abuses during cordon and search 

operations are routine in Assam. The 

victims are taken into custody without any 

arrest memo or warrant. They are held in 

illegal detentions without being produced 

before the courts. They are tortured for 

alleged links with the armed groups, to 

extract information about the movement of 

the armed groups and sometimes simply 

for protesting the highhandedness of the 

security personnel or inability to pay 

bribes. 

23


On 5 February 2004, about 10,000 

people from Kakapathar area under 

Tinsukia district blocked the NH-52 to 

protest against army atrocities during 

cordon and search operations. 29 A month 

later, on 5 March 2004, civil society and 

community organizations of Batabari, 

Dowamakha, Nalkhamra, Komoramakha 

under Udalguri police station in Darrang 

district staged a four-hour long sit-indemonstration 

to protest against the army 

atrocities in those villages since January 

2004. Villagers were allegedly picked up 

and tortured by the army jawans of Punjab 

Artillery regiment stationed at Harisinga. 

The villagers were accused of harbouring 

the armed opposition groups like 

supplying foodstuff and involvement in 

the antisocial activities. 30 

On 25 February 2004, Sanjay 

Jaisowal, a businessman from Udalgiri 

police station was mercilessly tortured by 

the Army jawans on charges of his alleged 

links with the armed opposition groups. 

On 7 January 2004, another petty 

businessman Dayaram Jaisowal from 

Udalgiri police station was inhumanly 

tortured by the army. 31 

On 29 February 2004, Bhupen Rabha 

of Amjuli village under Udalgiri police 

station was allegedly picked up and 

subjected to inhumane torture at the 

Harisingia army camp. The villagers of 

Amjuli also filed a case at Mangaldai 

court. 32 

On 4 April 2004, the army personnel 

allegedly detained Kharpathu Chauhan, 

President of All Assam Bhojpuri Yuba 

24 

Chatra Parisad, Karbi Anglong for more 

than 40 hours at Mailoo in Karbi Anglong 

district. On 6 April 2004, the army 

personnel reportedly picked up Gautam 

Muni Chauhan from his Bogrighat 

residence in Karbi Anglong and inflicted 

physical punishment. The army also beat 

up twelve other persons, who were present 

at Gautam Chauhan’s residence when he 

was being taken away. 33 

On 19 May 2004, President 

Manoranjan Kalita, General Secretary 

Iqbal Hussain and Assistant General 

Secretary Romen Rajbongshi of 

Dhamdhama unit of the All Assam 

Students Union were arbitrarily arrested 

and tortured by the Army jawans at the 

Barama camp. They were reportedly 

stripped and given electric shocks. 34 On 26 

May 2004, the Assam State Human Rights 

Commission directed the Nalbari district 

authorities to inquire into the allegations. 35 

III. Violence against women 

Women in rural Assam have been 

target of sexual violence by the central 

security forces and the State police. They 

were molested, physically assaulted and 

raped. 

Five Bodo women, including a 60year-old, 

were allegedly gang raped by 

jawans of the Kumaon Regiment at 

Ultapani village under Bismuri police 

outpost in Kokrajhar district during the 

intervening night of 31 December 2003 

and 1 January 2004. During a night raid in 

the village, the jawans barged into the 

houses in groups of two or three and raped


the women. The petrified villagers filed an 

FIR at Bismuri outpost. The victims were 

sent for medical examination to the R.N. 

Brahma civil hospital, Kokrajhar. 36 

The Assam State Human Rights 

Commission directed the Inspector 

General of Police report on the alleged 

rape of two Karbi women, Basa Lekthapi 

and Terangpi from Chapong Khorsing Kro 

village under Loringthepi police outpost in 

Karbi Anglong at Howraghat police 

station in February 2004. 37 

On the night of 10 March 2004, troops 

of the Gorkha Regiment molested seven 

women - Mulasi Basumatary, Minati 

Daimary, Dable Basumatary, Hapang 

Basumatary, Damanti Basumatary, 

Subashi Narzary and Dukushree 

Basumatary from Saraguri village under 

Runikhata border out-post of Kokrajhar 

district. An FIR vide case No-17/2004 US 

448/354/34 IPC was lodged at Basugaon 

police station on 15 March 2004. 38 

The soldiers of the 11th Jammu and 

Kashmir Light Infantry regiment stationed 

at Habrubil in Gossaigaon allegedly raped 

an Adivasi woman at gunpoint inside her 

residence in the presence of her husband, 

at Padmapukri under Gossaigaon police 

station in Kokrajhar district during the 

intervening night of 29 and 30 June 2004. 

The jawans, who came to Padmapukari 

railway station to receive several 

colleagues returning from leave, allegedly 

crossed over to the village adjoining the 

railway station and committed the crime. 

Medical examination of the victim 

subsequently confirmed the rape. 39 The 

accused army jawans- Havildar Satish 

Kumar and rifleman Rajinder Kumar-were 

reportedly court martialled and sentenced 

to 10 years’ imprisonment. 40 

On 3 July 2004, four soldiers of the 

236th Inland Water Transport Regiment 

identified as Harjeet Singh, Baljit Singh, 

Hardeep Singh and Pushpinder Singh were 

arrested by the Assam Police for molesting 

2 girls at a restaurant under Thana Chariali 

in Dibrugarh town. 41 

In June 2004, Rahima Begum, a 17year-old 

girl from Bokel village near 

Lahowal in Dibrugarh district was 

allegedly tortured by the officer-in-charge 

of Lahowal police station after implicating 

her in a false case of theft. She reportedly 

bore wounds of torture on her thighs, legs, 

hands and back. A student of Class X at St 

Mary’s Sishu Bikash Kendra, she was 

picked up from her residence on 2 June 

2004 on suspicion of being involved in a 

case of theft of valuables at the bungalow 

of a tea estate manager where her brother 

and father were employed. Rahima’s 

brother, Salim Ahmed, was arrested along 

with another woman, Lily Begum, for 

their alleged involvement in the theft. 

Rahima alleged that the officer-in-charge 

handcuffed and tortured her for almost 

three hours at a stretch. Lily Begum, who 

was in the same lock-up, corroborated the 

accusations saying that the police officer 

asked her to hold Rahima’s legs while he 

stripped and physically abused her. 

Rahima also alleged that while she was 

being freed on bail on 23 June 2004, the 

police officer allegedly threatened to shoot 

25


her if she disclosed her ordeal to anyone. 

The officer also allegedly offered her Rs 

10,000 to keep silent. 42 

IV. Impunity 

Impunity reigns in Assam. On 26 

March 2004, the single-judge bench of 

Justice B.K. Sharma of Guwahati High 

Court asked the Defence Ministry to pay 

Rs 1 lakh as compensation to a housewife 

who was raped by two army jawans 313 

Field Regiment during a counterinsurgency 

operation in Nalbari district on 

16 June 1998. 43 But little reference was 

made with regard to the prosecution of the 

culprits. 

On 13 July 2004, Assam State Human 

Rights Commission awarded interim 

compensation of Rs 50,000 to the next of 

kin of ULFA cadre Ananta Roy who was 

killed in custody after being arrested on 22 

October 1999. The Commission also 

recommended to the State Government to 

prosecute the guilty police personnel, 44 but 

there is little information about the 

prosecution. 

Often the punishment for arbitrary 

killings is the transfer to police lines or at 

best suspension. In October 2004, the 

National Human Rights Commission 

directed the Assam Government to 

comply with its recommendation of 

payment of interim relief of Rs 1 lakh 

each to the next of kin of three persons 

who died in a firing incident on 3 

November 2002 in front of the Langkhasi 

Police outpost of Tinsukia district. The 

magisterial inquiry submitted clearly 

26 

showed that the entire incident took place 

because of lack of command and control 

and an irresponsible behaviour of the 

Sub-inspector of Langkhasi police station 

to tackle a simple law and order situation. 

Though the Sub-Inspector was placed 

under suspension, no information 

regarding the prosecution of the culprits 

was given. 45 

On 4 November 2003, the Assam 

government appointed Justice (Retd) J N 

Sharma to investigate 11 cases of alleged 

secret killings of the relatives of the 

members of armed opposition groups in 

different parts of Assam during the 

previous Assam Gano Parishad 

government’s tenure. Earlier, Justice 

(Retd) Meera Sharma resigned in 2003 and 

Justice Sharma restarted the inquiry. On 23 

February 2004, the Commission issued a 

notice requesting memoranda to be 

submitted before the Commission’s office 

at Kumarpara. 46 By the end of September 

2004, the Commission was still recording 

the statements of the witnesses, relatives 

of the victims and concerned police 

officers. 47 

V. Ethnic conflicts 

Assam was plagued by unprecedented 

ethnic conflicts especially in Karbi 

Anglong district. While the control over 

land, resources and establishment of 

homeland based on ethnicity are some of 

the root causes; the clear involvement of 

both State and non-State actors had 

exacerbated the conflicts leading to loss of 

lives and internal displacement.


i. Kuki-Karbi conflict 

The ethnic conflict between the Kukis 

and Karbis that started in 2003 continued 

till mid 2004. Both the United People’s 

Democratic Solidarity (anti-talk faction) 

and Kuki Revolutionary Army were 

involved in the killings of people from 

both the communities. 48 The Karbi and 

Kuki civil society groups and community 

organisations questioned each other’s role 

but reiterated the refrain about the State 

government’s apathy to the conflict. The 

National Socialist Council of Nagalim 

(Isak-Muivah) reportedly mediated to 

bring peace between the warring KRA and 

the anti-talk faction of the UPDS. 49 

On 18 January 2004, members of a 

Karbi armed opposition group swooped on 

the Basamili village in the Singhasan Hill 

area under Karbi Anglong district at 

around 9 a.m. and started firing 

indiscriminately killing Kimnoy Singson, 

Ngahneichisong Langthin and Konnen 

Singson on the spot and injuring K 

Singson, P Langthin and T Singson 

belonging to the Kuki community. They 

also set ablaze around 14 houses. 50 On 19 

March 2004, 4 Kuki villagers including a 

woman were gunned down and 10 houses 

were torched at Hong Bong village in 

Karbi Anglong district. 51 

On 24 March 2004, suspected 

members of the Kuki armed opposition 

groups in Karbi Anglong district allegedly 

massacred twenty-eight Karbi villagers. 

The rebels raided the Woden Tisso village, 

dragged villagers out of their houses, lined 

them up and fired indiscriminately. Two 

other villages of Sarpo Terang and Sarke 

Engleng were attacked and 22 Karbis were 

mowed down in these three villages. The 

rebels then attacked Jarigaon Terang 

village under Manja police outpost at 

around 12 noon killing six Karbis. 52 More 

than 50 houses were burnt down. 53 

On 27 March 2004, Kuki armed groups 

attacked the three Karbi villages of Arleng 

Fara, Bohakandoi and Ranghanlam in 

Deopani area under Bokajan police station 

and burnt down about 50 houses. Patar 

Kachari, Chandra Bahadur, Raju William 

and Joyram Kathar were killed in the 

attacks. Three other persons- Lindok Ingty, 

Kem Lekthe and Manik Lekthe were 

seriously injured. 54 

The ethnic conflict refused to die. In 

the early morning of 4 July 2004, armed 

groups opened fire at the Kuki village 

Deigrun Teron in upper Deopani area 

under Bokajan police station in Karbi 

Anglong district killing Jiten Teron and 

injuring his father Borsing Teron, brother 

Rocky Teron and a neighbour, Ranjit 

Ingtik. 55 

ii. Dimasa-Khasi conflict 

In March 2004, about 70 Khasi 

families living in the border areas of Cachar 

district were displaced following the 

murder of Thomas Tariang, headman of 

Khasi-dominated Boro Damcherra village 

near the Cachar-North Cachar border area 

on 11 March 2004. Tariang was also 

Secretary of the Village Defence Party. 56 

In August 2004, Assam State Human 

Rights Commission intervened into the 

27


alleged “systematic rape of tribal women 

and assault on tribal village chiefs, 

particularly of the Khasi-Jaintia tribe of 

Maniknagar Tea Estate, and the inaction of 

the district administration over the matter 

in spite of repeated complaints by the 

victims”. The Barak Valley Khasi-Jaintia 

Welfare Association in a petition to the 

ASHRC alleged that miscreants belonging 

to a particular community, had been 

“systematically” perpetrating rape on 

tribal women with a view to create panic 

among the Khasi-Jaintia populace at 

Maniknagar Tea Estate. The association 

also furnished a list of six victims. 57 

In the last week of November 2004, 

atrocities perpetrated by armed opposition 

groups forced at least 200 Khasi families 

residing in Cachar Hills to seek shelter in 

Meghalaya. 58 

VI. Internally Displaced Persons 

In addition to displacement due to 

ethnic conflicts in Karbi Anglong areas, 

there were about 1.25 lakh internally 

displaced persons belonging to 23,742 

families in 130 camps in Dhubri, 

Bongaigaon and Kokrajhar districts. 

Belonging to Bodo, Adivasi and Rabha 

communities, they were displaced after the 

Bodo-Adivasi ethnic violence between 

1996-1998 in Bodoland areas. The 

government is supposed to provide rice as 

ration for ten days, drinking water 

facilities, primary health and educational 

facilities. 

The living conditions in the relief 

camps have been unhygienic and IDPs 

28 

starve for days due to irregular supply of 

rations. There have been little educational 

or health care facilities. 59 

The Assam government has not 

allotted any land to rehabilitate the IDPs 

and it has provided a grant of Rs 10,000 

per family for rehabilitation. 60 About 9,200 

Adivasi families were reportedly 

rehabilitated by 2003. On 8 February 

2004, Assam Chief Minister Tarun Gogoi 

stated that the State Government had 

already made arrangement for the 

rehabilitation of 18,000 more Adivasi 

IDPs. 61 After a meeting between the armed 

opposition group the Adivasi Cobra 

Military of Assam and the Chief Secretary 

of Assam on 9 June 2004, the state 

government reportedly agreed to release 

Rs. 10 crores for rehabilitation of 10,000 

IDP families but failed to do so. 62 In 

October 2004, the government once again 

promised to release the same Rs 10 crore 

for their rehabilitation based on the 

proposal submitted by Health Minister Dr 

Bhumidhar Barman as the chairman of the 

Cabinet Sub-Committee on rehabilitation 

of IDPs. 63 

About 4,500 Muslim families who 

were were evicted from Bengtol, 

Durgapur, Patabari, Anandabazar, 

Malivita, Jamunaguri, Bhawraguri, 

Amteka, Koilamoila and other villages of 

both Kokrajhar and Bongaigaon also have 

not been rehabilitated. On 5 March 2004, 

the government stated that it would 

rehabilitate them in Dhubri, Kokrajhar, 

Goalpara and Bongaigaon district. 64 

However, these IDPs later on declined to


accept a set of rehabilitation measures on 

the ground that the State government did 

not fulfill its promise of providing genuine 

rehabilitation aid. 65 

VII. Rights of indigenous peoples 

Assam is the land of hundreds of 

indigenous peoples who are divided into 

two main groups - plain tribes and hill 

tribes. Many tribal groups who were 

excluded have been demanding for 

inclusion in the Scheduled Tribes. On 21 

June 2004, the Assam State Government 

reportedly decided to constitute a Cabinet 

sub-committee to expedite the matter of 

giving Scheduled Tribe status to six 

communities namely Ahom, Matak, 

Moran, Tea tribes, Chutia and Koch 

Rajbongshis. 66 

While addressing the 6th Tiwa 

Xahitya Xabha at Amsoi in Nagaon on 1 

March 2004, Chief Minister Tarun Gogoi 

reportedly stated that all ethnic tribes 

would be conferred the 6th schedule 

status. 67 At the end of the year, no visible 

measure was taken. 

The State government reportedly 

failed to fill up the vacancies reserved for 

the indigenous peoples (Scheduled Tribes) 

and Scheduled Castes. In the Education 

Department, the total number of such 

backlog posts in the Secondary Education 

section alone was reportedly 5,099. 68 There 

were about 12,352 vacancies for ST and 

SC candidates in 38 government 

departments of the State government. 69 

Land alienation and forced evictions 

continued to pose serious problems for the 

indigenous peoples. On 12 May 2004, 

Chief Minister Tarun Gogoi reportedly 

ordered a probe into the allegation of 

handing over of tribal belt land in Dimoria 

to non-tribals. Additional Chief Secretary 

S Kabilan was asked to conduct the 

enquiry. The Chief Minister also ordered 

action against the persons responsible for 

handing over of tribal land to non-tribals. 70 

The Assam Government reportedly served 

eviction notices to the Dimoria tribals 

living in the Kamrup (Metropolitan) 

district. Indigenous peoples alleged that 

out of the 215 bighas under the occupation 

of non-tribal landowners in the Dimoria 

tribal belt, the naamjari, title deeds, of 62 

bighas, belonging to 12 non-tribal owners, 

had been cancelled. But neither the 

registration of these 62 bighas was 

cancelled nor the non-tribal occupants 

were evicted from the land. 71 These 

allotments to non-tribals violate the 

provisions of the amended Chapter-X of 

the Assam Land Revenue Regulation, 

1886. 72 

The State Government in violation of 

chapter X of the Assam Land Revenue 

Regulation, 1886 also included five nontribal 

persons in the eight-member Land 

Advisory Board. 73 

Many indigenous peoples in 

Karimganj district living in socalled 

reserve forests were also served eviction 

notices despite the fact that sub-divisional 

level advisory committee in its meeting 

proposed to issue periodic patta to the 

tribal people who are residing in the forest 

villages. These indigenous peoples were 

29


reportedly allotted 10 bighas of land in the 

forest villages by the British government 

before independence without giving any 

valid document. Though they have been 

living in the area for decades, the Forest 

Department issued them notice. The 

Border Road Task Force also occupied a 

hostel-cum-rest house meant for the tribals 

at Karimganj constructed by the DRDA. 74 

VIII. Assam State Human Rights 

Commission 

The Assam State Human Rights 

Commission (ASHRC) established in 

1996 has been facing serious financial 

crisis affecting its functioning and 

investigation in most of the cases. During 

2004-2005, the finance department 

sanctioned Rs 20 lakh which was Rs 2 lakh 

less than the allocation for the previous 

fiscal year. The State Human Rights 

Commission had requested Rs 1 crore. The 

sanctioned money was barely enough to 

disburse salaries to the employees of the 

organisation. The ASHRC could no longer 

investigate the complaints. A single visit 

by a team reported costs about Rs 12,000. 75 

IX. Abuses by the armed 


The armed opposition groups have 

been responsible for violations of 

international humanitarian laws by 

indiscriminate killings of civilians, 

kidnapping, hostage taking and extortions. 

The killings by the AOGs increased by 44 

per cent with the killing of 255 persons in 

2003-2004 as compared to 177 killings in 

30 

2002-2003. 76 

On 15 August 2004, 17 innocent 

school children were massacred in a bomb 

blast at Dhemaji district by the ULFA. 77 

On 17 August 2004, the ULFA reportedly 

owned responsibility for the bomb blast. 78 

On 7 January 2004, suspected 

members of the ULFA allegedly shot dead 

Mahesh Agarwala at Rajoi under 

Lahdoigarh police station in Jorhat 

district. 79 

On 16 March 2004, Kuki armed 

groups allegedly shot dead three persons 

Suresh Rai, Maya Rai and Lalita Rai of the 

Nepali community in Thailung village 

under Diphu police station of Karbi- 

Anglong district. A group of seven 

labourers reportedly went to collect ginger 

from a plantation area belonging to the 

Kuki community in Longnit. Four of the 

group managed to escape. 

On 15 April 2004, Master Hawan 

Narzary and Majibur Rahman were killed 

in a grenade attack by the alleged ULFA 

cadres at Ganeshguri, Guwahati. Fourteen 

persons including 11-month-baby Richu 

Ali were also injured in the attack. 80 

On 9 June 2004, at least 22 persons 

were injured, eight of them critically, when 

unidentified armed groups hurled a 

grenade inside the Paradise Cinema Hall at 

Tinsukia. 81 

On 9 June 2004, 10 members of the 

UPDS reportedly shot dead three alleged 

supporters of the Communist Party of 

India (ML) at Anlang Antigaon village 

and injured eight others. They also set fire 

the office of the CPI (ML). 82


On 24 June 2004, seven persons were 

reportedly killed and fifteen others were 

injured when an improvised explosive 

device exploded on the roof of a private 

mini bus at Mazgaon (Mathurapur) under 

Sivsagar district. Four passengers died on 

the spot while three others succumbed to 

their injuries on the way to hospitals. 83 

On 25 August 2004, unidentified 

members of the armed groups exploded a 

grenade outside a movie theater in 

Dibrugarh district wounding eight people, 

including two police constables. 84 

On 26 August 2004, 4 persons 

including five-year-old minor Nandini 

Kumar were reportedly killed in an 

explosion caused by suspected ULFA 

cadres at Paikan in Meghalaya-Assam 

border. Another explosion was carried out 

inside a passenger bus at Gossaigaon town 

in Kokrajhar district killing one person 

and injuring 37 others. 85 

On 2 October 2004, the alleged ULFA 

and NDFB cadres triggered off a series of 

blasts in different places in lower Assam 

killing about 35 people and injuring about 

100 others. 86 

At around 5.30 pm on 2 October 2004, 

an alleged group of NDFB cadres stormed 

the Makrijhora weekly market on National 

Highway 31 in Dhubri district and opened 

fire killing 11 persons on the spot and 

seriously injured four others. 87 On 3 

October 2004, twelve more persons were 

reportedly killed and 58 injured by the 

armed opposition groups. 88 On 4 October, 

alleged NDFB cadres reportedly shot dead 

at least six people and injured 10 others in 

the Gelapukhuri area in Biswanath Chariali 

in Sonitpur district. 89 On 5 October 2004, 

suspected NDFB rebels killed at least ten 

villagers and injured seven others in 

Jalabila village under Bagaribari police 

station in Dhubri district. 90 

Two persons were reportedly killed 

and eight others were injured when two 

explosives went off in front of Hatigaon 

outpost under Dispur police station in 

Guwahati on 13 December 2004. 91 As 

many as six bomb were triggered off in 

different places in Assam on the evening 

of 14 December 2004, killing one person 

in Nagaon district and injuring about 50 

people in Guwahati. 92 Five persons were 

seriously injured when suspected ULFA 

cadres lobbed a grenade at a place near the 

Town Tinali at Silapathar in Dhemaji 

district at around 5.40 p.m. on 15 

December 2004. 93 One person was 

reportedly killed and 11 others injured, 

including a woman and a 14-year-old boy 

in a grenade explosion in the busy Paltan 

Bazar area in Guwahati at 5.20 p.m. on 17 

December 2004. 94 

The armed opposition groups were 

also responsible for kidnapping and 

serving notices to the management of the 

tea gardens for extortions. 95 

On 21 February 2004, the United 

Peoples Democratic Solidarity (UPDS) 

cadres reportedly kidnapped two tea 

executives- field officer and assistant 

manager of the Bhagawati tea estate - M 

Kumar and Ranjit Deb from Bokajan area 

of Karbi Anglong district. 96 

On the night of 28 April 2004, 

31


members of armed opposition groups 

suspected to be from the Dima Halam 

Daoga (DHD) and the National 

Democratic Front of Bodoland (NDFB) 

allegedly entered Doldoli railway station, 

between Diphu and Dimapur in Karbi 

Anglong district and killed Station 

Master Nareswar Kalita and Rajendra 

Prasad for not responding to their 

extortion notes. 97 

On 27 April 2004, Nirmalendu 

Langthasa, youngest son of Assam 

Minister for Hill Areas and Veterinary, GC 

Langthasa was reportedly kidnapped by 

ULFA. Langthasa’s family members were 

sent a ransom note of Rs 3 crore. 98 On 29 

May 2004 ULFA Chairman Aurobindo 

Rajkhowa reportedly claimed 

responsibility for the kidnapping of 

32 

Nirmalendu Langthasa and demanded the 

release of UNFA cadres, Bening Rabha, 

Robin Neog, Ashanta Bagh Phukan, 

Abhijit Deka, Ajay Narzary, Neelu 

Chakravarty and Naba Sangmai in 

exchange of his release. 99 On 11 August 

2004, Nirmal Langthasa was released near 

National Highway 37 in Morigaon 

district. 100 

On 11 August 2004, Sujit Saha, a 

small-time shop-owner of Bogribari under 

Bilasipara sub-division of Dhubri district 

was allegedly kidnapped by NDFB 

cadres. 101 

On 14 December 2004, suspected 

ULFA cadres reportedly abducted a West 

Bengal-based businessman, Nitai Saha 

from the Boxirhat area in Dhubri district 

along the Assam-West Bengal border. 102 ■

Chapter4 

Bihar 

I. Overview 

Ruled by the Rashtriya Janata Dal (RJD), Bihar remained the 

most lawless state in India. On 6 December 2004, Patna 

High Court observed that “The situation (crime) appears to 

have gone beyond control”. Earlier, on 25 November 2004, Patna 

High Court ordered the Superintendent of Police of Bettiah to appear 

before the court on 2 December 2004 for allegedly refusing to 

register the FIR 1 filed by a doctor who received the threats of 

extortion and kidnapping. 

Insecurity of common citizens is all pervasive in Bihar. On the

INDIA HUMAN RIGHTS REPORT 2005 Bihar 

night of 29 March 2004, alleged criminals 

shot dead Narendra Singh, the Beur Prison 

Jailor, near Nala Road under Kadam Kuan 

police station in Patna. 2 On 14 November 

2004, unidentified criminals shot dead 

Basudeo Prasad, a professor of CM 

Science College under Lalit Narayan 

Mithila University of Darbhanga when he 

was on his way to Sultanganj in Patna to 

meet his relatives. 3 

In 2004, the TVS Motors withdrew its 

operation. In the past two years, other 

business establishments like Maruti 

Suzuki Ltd, Hero Honda, Yamaha Bajaj, 

Escorts, Videocon, too have reportedly 

shifted base from Bihar. Reports of 

traders, businessmen, government officials 

and other people getting kidnapped, 

ransom calls and extortion threats from the 

criminals patronised by politicians and the 

underworld are routine. 4 

The violence and killings by the 

criminals and the armed opposition groups 

like Ranvir Sena, Peoples War (PW) and 

Maoists Communist Centre (MCC) in 

Bihar could be considered at the same 

level as the violence caused by the armed 

opposition groups elsewhere in India. Yet, 

the Central government and Bihar 

government maintained double standards. 

The Centre declared the MCC and PW as 

“terrorist organisations” under section 18 

of the Prevention of Terrorist Act, 2002 

and under the Unlawful Activities 

(Prevention) Act 2004. However, the 

Ranvir Sena, private army of the 

landlords, which has officially been 

involved in 33 massacre cases claiming 

34 

over 280 lives, has not been banned. 5 Not 

surprisingly, on 18 March 2004, Bhumiyar 

youth in Gaya reportedly announced the 

formation of yet another private army - 

Tandav6 Sena to counter the MCC and 

PW. 7 

Extreme poverty and discrimination 

especially in the administration of justice 

accentuate the violations against the 

Dalits. Like all things in Bihar, even 

poverty alleviation programmes targeted 

for the poorest Dalits only benefit the 

upper castes. The prosecutions of the 

culprits for the Laxmanpur Bathe 

massacre of 1 and 2 December 1997, 

Shanker Bigha massacre of 25 January 

1999 and Narayanpur massacre of 10 

February 1999 have been collapsing 

simply because of the unwillingness of the 

State to establish accountability. 

The Dalit women were extremely 

vulnerable especially to sexual abuse. In 

July 2004, the upper castes had cut the hair 

of Sumitra Devi, a Dalit widow of Jhapha 

Udan village in Muzaffarpur district, 

beaten her, stripped her and poured acid on 

her private parts. 8 

Prison conditions remained inhuman. 

The conditions of about 55 prisoners 

lodged in jails at Bhagalpur, Gaya and 

Muzaffarpur who have been awarded 

death sentence but not executed, were the 

most pitiable. 9 

Those who seek to change the status 

quo are special targets of the criminals. On 

24 January 2004, social activists, Sarita 

Kumari and Mahesh Kant of Institute of 

Research and Action were killed by the


criminals. 10 

In the midst of such lawless situation, 

human rights violations by Bihar Police 

are often ignored. In November 2004, 12year-old 

Govinda was handcuffed and tied 

with a big rope by the police personnel of 

Sri Krishna Puri police station in the heart 

of capital Patna. 11 


The police in Bihar have been 

responsible for gross violations of human 

rights from rape and extortion to arbitrary 

deprivation of the right to life. 

i. Arbitrary deprivation of the right to life 

About 57 persons have died in the 

custody of the law enforcement personnel 

in Bihar by 26 August 2004. In 2003, 

NHRC registered 148 custodial deaths in 

Bihar with 139 of them in judicial 

custody. 12 The NHRC also registered 157 

cases of custodial deaths in 2002-2003, 

146 cases in 2001-2002, 162 in 2000-2001 

and 162 in 1999-2000 in Bihar. 13 

On 27 January 2004, several inmates 

in the Begusarai Divisional Jail were 

injured when the police opened fire to 

quell a riot following the death of a 

prisoner identified as Shankar Sao. The 

protesting inmates alleged that Sao was 

beaten to death by the jail officials. The 

jail officials, however, claimed that Sao 

had committed suicide. 14 

On 29 January 2004, a CRPF jawan, 

Pramod Mishra shot dead, Sharif Khan, a 

passenger of the Guwahati-bound North- 

East Express near Simapur station in 

Katihar district following a dispute over a 

berth. The CRPF constable was arrested 

by the Government Railway Police 

immediately on arrival of the train at 

Katihar railway junction. 15 

On 15 June 2004, Shyam Kishore 

Sharma of Karni village under the 

Dhanarua police station in Patna district 

was shot dead by police personnel from 

Goraul police station. The police claimed 

that the deceased and three others were 

trying to escape after knocking down a 

cyclist near Bhagwanpur on the Hajipur- 

Muzaffarpur road. The police claimed to 

have fired when the victims tried to flee 

after making an unsuccessful attempt to 

crush the policemen. The hospital sources, 

however, revealed startling findings: the 

deceased had bullet injury in his abdomen, 

which is not possible while escaping on a 

vehicle. “It’s possible only at a close range 

and in a static position,” reportedly stated 

a doctor of the hospital. 16 

An undertrial prisoner of the Sasaram 

district jail, Kanhaiya Chaubey of Asiya 

village under Natawar police station of 

Rohtas district reportedly died in the 

prisoners’ ward of the Sadar Hospital in 

Sasaram on the night of 31 August 2004. 

Chaubey was brought to the hospital 

around 8 pm on 31 August 2004 when he 

complained of pain in stomach. Around 9 

pm, he was declared dead by the doctors. 

The family members of the deceased 

alleged that he had been ill for the last one 

week and died due to lack of proper 

treatment. 17 

Gorakh Choudhury, a supporter of 

35


CPI (ML) and an undertrial lodged at the 

Jehenabad Sub-Jail died on 25 September 

2004. He had allegedly been sick since 

several days. Protesting against his death 

some of the inmates allegedly turned 

violent and pelted stones at the prison 

authorities. 18 

On the late night of 18 November 

2004, a police constable identified as 

Dinanath Tiwari shot dead four persons, 

including a woman and a child in Bagha 

Mohalla in Begusarai. Tiwari was drunk 

and allegedly barged into the house of a 

widow in the village and tried to rape her. 

When some villagers came to her rescue, 

Tiwari fired indiscriminately with his 

official carbine, killing three persons on 

the spot. Another injured victim died later. 

Three other persons were also critically 

injured. 19 

The Bihar Police were also violated 

the right to life by resorting to 

indiscriminate firing. 

On 23 January 2004, Dukhan Mehta 

was killed and three others were injured in 

police firing at Gokulpur village in Purnia 

district while protesting against arrest of a 

person. 20 Two days later, on 25 January 

2004, Jumerati Ansari was reportedly 

killed and six others injured when police 

lathi-charged and opened fire at the 

agitators who were demanding creation of 

Sonebarsha block at Sonebarsha Bazar in 

Buxar district. 21 

Five persons were reportedly killed 

when police fired on a violent crowd 

protesting against bungling in flood relief 

and distribution of substandard goods at 

36 

Ujan village of Darbhanga district on 16 

August 2004. 22 


There were consistent reports of 

arbitrary arrest and detention by the police. 

On 30 January 2004, Gopal Singh, 

vice-president of the Bettiah Unit of the 

Bihar Youth Advocates’ Welfare 

Committee, was arrested without warrant 

for alleged complicity in a case of fraud. 23 

On the night of 14 September 2004, 

Arjun Paswan, an employee of a junk 

market located in Patna’s New Market 

area, was allegedly beaten up by a group 

of Government Railway Police (GRPs) on 

Platform Number 8 of Patna Junction 

while waiting for a train. The GRPs 

demanded to see his ticket. When Paswan 

showed his monthly pass, they allegedly 

tore up the pass and demanded Rs. 100. 

Upon his reluctance to bribe, they beat him 

up and stole all his cash. They also 

threatened him of dire consequences if he 

reported the incident. When Paswan went 

to file a complaint, the GRPs refused to 

register his complaint. The Superintendent 

of Police of GRPs ordered an enquiry into 

the incident only when a local newspaper 

carried a story on Paswan’s ordeal. 24 

On 5 December 2004, Bihar Police 

arrested more than 300 persons under 

preventive detention. They were scheduled 

to participate in the rally at Patna 

sponsored by the People’s War Group, 

Maoist Communist Center (MCC) and 

People’s War under the banner of the 

Krantikari Jansangarsh Ekjutta Samiti.


Police also lathi charged to disperse the 

crowd causing injury to nearly half-adozen 

people. 25 

iii. Impunity 

There is virtual impunity for the law 

enforcement officials. Strangely, 

punishment recommended for a custodial 

death was “retirement”. 

On 23 September 2004, the NHRC 

issued notice to the Chief Secretary and 

Director General of Police, Bihar to show 

cause within four weeks why it may not 

recommend grant of interim relief to the 

next of kin of Ram Udit Narayan Singh, 

who died in police custody in Begusarai 

district in 1999. The inquest and postmortem 

findings submitted by the Home 

Secretary belied the police assertion that 

the deceased had committed suicide. 

“The presence of 11 external injuries and 

a post-mortem ligature mark undoubtedly 

show the barbaric attitude of the police 

and an attempt to fabricate false clue and 

create false evidence so as to screen the 

offense” - asserted NHRC. The 

punishment given to the SHO was 

“retirement”. 26 

On 29 January 2004, additional 

district and sessions judge of a fast track 

court in Purnia, Tarakant Shah sentenced 

the then officer-in-charge, Brahmdeo 

Singh, and two constables, Shaligram 

Singh and Vijaykant Jha of the 

Harwadanga police station in Kishanganj 

district to life imprisonment for custodial 

death of an accused, Ishaque Alam in 

1987. 27 

III. Atrocities by the armed 


The armed opposition groups are a 

reflection of the caste war prevailing in the 

feudal lands of Bihar, primarily in 

Jehanabad, Arwal, Bhojpur, Gaya, 

Aurangabad and Patna districts. The key 

armed opposition groups in the state are the 

Ranvir Sena and the Maoists Communist 

Centre and the Peoples War. While Ranvir 

Sena represents the upper caste Hindus, the 

MCC and the PW claim to represent the 

poor and the Dalits. In the past 15 years, an 

estimated 1,000 people have been killed by 

Ranvir Sena in 300 incidents. The Naxalites 

have, on their part, perpetrated equally 

chilling massacres. 28 However, unlike the 

Naxalites, the Ranvir Senas are not banned 

under the law. 

i. Violence by Ranvir Sena 

On 3 January 2004, the Ranvir Senas 

reportedly shot dead five Dalits and 

injured two others, all believed to be 

Maoist supporters, at Pariyari village 

under Kinjar police station in Arwal 

district. The victims, belonging to Paswan 

and Gadaria communities, were enjoying 

the warmth of a bonfire in the morning. 

The two injured were admitted to the Patna 

Medical College Hospital. 29 

On 13 January 2004, five members of 

a Yadav family, including two women and 

a 10-year-old girl, were shot dead and four 

others were critically injured when 

unidentified assailants opened fire at 

Koregawan village of Bhore in Gopalganj 

district. 30 

37


On 7 August 2004, six persons, 

including five Dalits, were killed in two 

separate incidents at Kulsia village in 

Madhepura district following a land 

dispute. The victims included three 

women and a four-year-old child. 31 

ii. Violence by the Naxals 

On the night of 13 January 2004, 

alleged cadres of the People’s War 

reportedly raided Mirjapur village under 

Sakurabad police station in Jehanabad 

district and killed four alleged supporters 

of Ranvir Sena and wounded three others 

in indiscriminate firing. The villagers had 

assembled at a temple. 32 

The PWG cadres reportedly set 

several huts on fire in Mok village in Gaya 

district following the killing of one of its 

comrades Satyanarain Yadav on 22 April 

2004 by a Special Task Force in Gaya. 33 

On 26 April 2004, Peoples’ War 

cadres reportedly raided village Adai 

under the Konch police station in Gaya 

district and killed three persons including 

Satendra Sharma and Baleshwar Sharma, 

and injured two others. 34 

On 29 December 2004, CPI (Maoist) 

activists killed four persons including a 

woman and blasted two houses at Mauri 

village under Paliganj police station in 

Patna district. 35 

Even the Dalits whom the Naxalites 

claim to represent were not spared. On 18 

May 2004, the Naxalites reportedly killed 

Sudhir Paswan, Vijay Paswan, Naga 

Paswan and Uday Paswan and injured as 

many at Lahsuna in Patna district. 36 

38 

On 18 August 2004, the Maoists 

raided the office of the CPI-ML 

(Liberation) at Paliganj Bazar in Patna 

district and opened indiscriminate firing 

killing four persons - Rajeshwar Mochi, 

head of Paliganj block, Mandip Goswamy, 

the village chief, Jagdeo Prasad and Shiv 

Dani Yadav, secretary of the party’s 

Paliganj office. The Maoists also 

kidnapped another party activist 

Baleshwar Mahato. 37 


The Dalits faced all forms of 

discrimination from the denial of 

minimum wages to the denial of entry to 

places of worship, land grabbing and 

executions. Any protest by them may 

warrant branding them as “Naxalites” or 

“Maoists”. 

Dalit labourers in Badki Akona, 

Bandhuganj, Chandaura and Maniama in 

the Ghosi region of Jehanabad district 

have been given a meager daily wage of 

two kg of rice or wheat and half kg of sattu 

(gram powder). Anybody who demands a 

higher wage can be declared a Naxalite 

and hounded both by the police and the 

Ranvir Sena. Labourers reportedly even do 

not enjoy the freedom to migrate to other 

parts in search of better wages as most of 

them remain tied to individual landowners 

by what is called Daskathia system. Under 

this system, a local practice in Jehanabad, 

a landowner grants 10 katha (a little less 

than half acre) of land to a labourer who 

cultivates it and keeps the harvest. In 

return, he has to be always ready to work


for the landowner at the standard wage of 

two kg of rice or wheat and half kg of 

sattu. However, if a labourer is unable or 

unavailable or refuses to attend to his 

master’s call, the land granted to him is 

confiscated along with the standing crop 

and, if harvested, he is forced to pay the 

rent for the entire year. The arrangement is 

liable to be renewed every year. 38 

The Dalits are disproportionate 

victims of poverty and economic 

deprivation. Like most things in Bihar, 

governmental programmes are decided on 

the basis of caste. 

Antyodaya Anna Yojna is a centrally 

sponsored scheme aimed at identifying the 

poorest of poor among the Below Poverty 

Line families and providing them highly 

subsidised foodgrains through targeted 

Public Distribution System in order to 

protect them from the menace of hunger. 

But at several villages in Bihar, it is the 

caste, not the economic status, which is the 

yardstick for identification of the 

beneficiaries under the Antyodaya Anna 

Yojna. At Chanaur village in Darbhanga 

district, the ‘identified’ poor families 

belonging to the Dalit community are 

allegedly denied food grains at subsidised 

rates under Antyodaya Anna Yojna. All 

such benefits can only be enjoyed if the 

“identified” poor families belong to the 

Yadav caste. In Chanaur Panchayat there 

are five villages - Chanaur, Hanuman 

Nagar, Laho, Indrathair and Amaih and 

four ration shops. All of them are run by 

Yadavs in their own localities. Dalit 

populated village Laho does not have a 

single ration shop. 39 

In September 2004, poverty forced 

Dhiran Devi, a Dalit resident of 

Ambedkar Colony in Hajipur, to sell her 

two-and-half-month-old son to some 

women in Patori village of Samastipur 

district because of hunger and debt. 40 Her 

husband, Lal Babu Paswan, is a TB 

patient but he was neither a recipient of 

the Red Card meant for those below 

poverty line nor a beneficiary under the 

Anapurna scheme. 41 

Driven by hunger and poverty, the 

family of Sacchidanand Chaudhry, a Dalit 

of Pratapganj locality under Sasaram town 

police station, committed suicide en masse 

by consuming poison on the night of 16 

September 2004. 42 

Three lower caste “musahars”, rat 

eaters, reportedly starved to death in 

Chhapel village of Rajauli block in 

Nawada district. One of the deceased, 

Ramavtar Bhuyian of Chhapel village 

reportedly died of starvation. But the 

administration refused to acknowledge the 

starvation deaths. Rajauli BDO Aslam 

Ansari, who was part of an inspection 

team that visited Chhapel village on 5 

October 2004, stated that the deaths 

occurred due to illness. However, the 

Circle Officer Ajay Kumar admitted that 

he was shocked not to find any trace of 

food grains in the house of Daso Bhuyian 

who died of starvation. 43 

i. Violence against Dalit women 

The Dalit women were the most 

vulnerable to abuses by the upper caste. 

39


Any attempt to access justice warranted 

brutal retaliation in the form of murder and 

killing. 

In July 2004, Sumitra Devi, a Dalit 

widow and resident of Jhapha Udan 

village in Mizaffarpur district, was held 

hostage for 24 hours by village headman 

Ambika Ram and his supporters. They cut 

her hair, beat her, stripped her and poured 

acid on her private parts. The victim was 

meted out such inhuman torture because of 

an alleged illicit relationship with a 

villager who disappeared mysteriously. 

Police rescued her on 27 July 2004 after 

receiving information that she was being 

held hostage and took her to hospital. But 

she spent an entire night in pain outside 

SKM College and Hospital in Muzaffarpur 

before being admitted for treatment. A 

hospital doctor reportedly confirmed that 

she was tortured like an animal. 44 

On 9 September 2004, 35-year-old 

Dalit widow was allegedly raped by two 

constables in lock-up in Dhalpura police 

outpost in Patna district. The police had 

earlier picked her up for alleged 

involvement in a murder case. Later she 

was moved to Beur Central Jail in Patna 

where she lodged a complaint. 45 

On 26 August 2004, an 18-year-old 

Dalit girl belonging to Chamar community 

was murdered by Uday Rai and Nanhaki 

Rai, both relatives of RJD Legislator Uday 

Narain Rai, in Raghopur after she refused 

to withdraw the rape case against them. On 

16 August 2004, she was raped by these 

upper Castes. The culprit had threatened 

the victim and members of her community 

40 

against reporting the matter to the police. 

But the victim ignored the threats and filed 

a police complaint with the Deputy 

Superintendent of Police. 46 

On 23 October 2004, two Dalit 

women belonging to Rewa village under 

Masaurhi police station of Patna district 

were allegedly gang raped by four persons 

at Taregna in Patna district. The victims 

were returning from Taregna with their 

children, where they had gone to celebrate 

Dussehra festival. They were accosted by 

the accused, who took them to a nearby 

saw mill and raped them. Hearing their 

cries, some locals informed a patrolling 

police party of Taregna about the incident. 

The police reportedly arrested two persons 

red handed while two others managed to 

escape. 47 

ii. Unfair justice to Dalits 

In April 2004, the Supreme Court of 

India in its judgement upheld the 

conviction and life sentence given to 18 

activists of the Maoist Communists Center 

under the Terrorist and Disruptive 

Activities (Prevention) Act (TADA), for 

the attack on police forces at Bhadasi 

village in Jehanabad in Bihar in November 

1988. 48 The Supreme Court was 

congratulated by the media for defining 

terrorism - “If the core of war crimes - 

deliberate attacks on civilians, hostagetaking 

and the killing of prisoners - is 

extended to peace time, we could simply 

define acts of terrorism veritably as peacetime 

equivalents of war crimes”. 49 

While the Supreme Court’s judgment


against such brutal killings is welcome, the 

miscarriage of justice against the Dalits 

require little introduction. The petitions 

pending before the courts for prosecution 

of the alleged culprits responsible for the 

massacre of the Dalits have been 

collapsing one by one due to the 

unwillingness of the State to establish 

accountability. 

In the Laxmanpur Bathe massacre on 

the intervening night of 1 and 2 December 

1997, Ranvir Sena men massacred 59 

Dalits of which 26 were women and 19 

were children under the age of 10. On 6 

December 1997, Justice Amir Das 

Commission was constituted to “probe the 

nexus between the Ranvir Sena and 

political elements’’. It had a six-month 

term. Seven years have passed but the 

commission continues its endless hearings. 

Informant Vinod Paswan filed a First 

Information Report No. 126/97 with 

Mehandia police station. After the filing of 

charge sheets, the trial started in February 

1999. Six years later, even charges have 

not been framed against the 24 accused. 

Except two, the rest have been released on 

bail. During the framing of charges all the 

accused must be present physically in the 

court. For the past 20 hearings, all the 

accused never appeared. On 10 July 2004, 

Buxar Jail officials informed the court 

about a Home Department 

‘’administrative decision’’ not to produce 

accused Pramod Singh, the main accused, 

in any court. Earlier there were reports that 

informant Vinod Paswan was being 

threatened by Birendra Singh, one of the 

main accused. Neither Paswan nor Singh 

could be traced in the village. 50 

In the Shanker Bigha massacre in 

Jehanabad, 23 Dalits were killed by 

suspected Ranvir Senas on 25 January 

1999. An FIR was lodged at Mehandia 

police station case no 5/99. There are 24 

accused and 76 witnesses. Two charge 

sheets have been filed 37/03 of 15 August 

2003 and 67/2000 of 26 February 2000. 

On 2 November 2003, the case was 

transferred from the chief judicial 

magistrate to the sub-divisional judicial 

magistrate, Jehanabad, for framing of 

charges. However, charges could not be 

framed because all the accused must be 

present in court on the same day for 

framing of charges. This has not happened 

yet. Two accused, Parmeshwar Singh and 

Kamlesh Bhat, are in jail and the rest have 

been released on bail. 51 

On 10 February 1999, 12 Dalits were 

massacred at Narayanpur in Jehnabad. The 

Narayanpur massacre was a political 

landmark in Bihar’s rocky history. The 

National Democratic Alliance government 

dismissed the Rabri Devi government only 

to be reinstated later. An FIR 17/99 was 

filed. A case was registered (State vs 

Sidhan Singh & others 5/2001) in which 

12 persons were named and 32-35 

unnamed accused. The trial commenced 

on 22 February 2002; but the case is 

collapsing, as the witnesses are turning 

hostile under duress. 52 

Even in the Bara massacre case of 12 

February 1992 in which 36 people of the 

upper-castes were killed by the MCC, 

41


Supreme Court’s judgement of 15 April 

2002 upholding the death penalty awarded 

to Veer Kunwar Paswan, Krishna Mochi, 

Dharu Singh (alias Dharmendra Singh) 

and Nanhe Lal Mochi by the TADA court 

raised many questions. Justice M B Shah 

raised the following questions on the 

‘’quality of evidence’’ and disagreed with 

the death sentence. However, he was in a 

minority in the 2-1 verdict of April 15, 

2002. As Judge Shah pointed out the 

following questions: 

(1) Satyendra Sharma, the informant in 

the case, never deposed in court; 

(2) Confessional statement of Bihari 

Majhi, a Dalit labourer not even 

named in the FIR, was the basis of 

conviction. The statement, made 

before a police inspector, was 

denied by Majhi in court. 

(3) Of its 10 pages, Majhi’s signature 

appears only on five. In any case, 

only an officer of the rank of at least 

superintendent can record 

admissible statements, even under 

TADA provisions. 

(4) Of the 34 prosecution witnesses, 

none stated that any of the four men 

took part in the murder or were 

members of an extremist group. No 

arms were recovered. 53 

V. Prison conditions: 

The Jehanabad’s Hell Hole 

Prison conditions across Bihar remain 

deplorable. The Jehanabad sub-jail was 

declared as “unfit” by a team of PWD 

(Buildings) engineers in 1984. But the 

42 

same old, dilapidated jail building has 

been used to accommodate 648 prisoners 

as against the declared capacity of 140. Of 

the total 648 prisoners, over 300 were 

believed to be activists of various warring 

armed opposition groups like the PW, 

MCC, CPI-ML (Liberation) and Ranvir 

Sena. 54 

The prisoners are huddled together 

like goats and they hardly get any space 

for a nap. As per the provisions of the jail 

manual, prisoners are required to be 

provided at least 7 x 8 sq ft of space but 

in the Jehanabad jail, more than a dozen 

inmates are forced to live together in that 

much space. 

There was neither ambulance nor any 

other vehicle to carry the emergency 

patients to hospitals. In the absence of an 

exclusive ward for women, women 

prisoners were being accommodated in a 

dark and dingy cell. The juvenile 

prisoners were forced to undergo the 

trauma of living with hardened 

criminals. 55 

The Bhabhua district jail has a 

sanctioned capacity of 85 prisoners but the 

numbers of prisoners in this prison does 

not come down below 650. By June 2004, 

five prisoners including Jogari Mushahar, 

an undertrial, died in Bhabhua district 

jail. 56 

The abuses against the prisoners are 

widespread. On 9 January 2004, Chief 

Minister Rabri Devi reportedly ordered a 

probe by Central Bureau of Investigation57 into the rape of Najma Khatoon, a murder 

convict. On 6 August 2003, 25-year-old


Najma Khatoon, a murder convict, 

delivered a baby boy after being raped by 

a police constable who was on deputation 

to guard her at the Sasaram Sadar hospital. 

She was admitted to the hospital due to illhealth 

between 29 September 2002 to 22 

October 2002. She was lodged in a 

separate room in the women’s ward of the 

hospital where the constable on guard 

raped her. She petitioned Sasaram jail 

authorities for help but no action was taken 

even to identify the accused police 

constable. The police reportedly took a 

Havildar into custody; but he was 

allegedly released following protest by the 

policemen’s association. Later, the police 

even denied having arrested anybody. The 

incident was raised in the State Assembly 

in March 2003 and August 2003. The case 

was transferred to the Criminal 

Investigation Department (CID) for a 

probe but the CID failed to make any 

arrest. 

The most pitiable condition is the 

status of about 55 prisoners lodged in jails 

at Bhagalpur, Gaya and Muzaffarpur who 

have been awarded death sentence but 

there has been inordinate delay in the 

execution. 58 

VI. Juvenile justice 

On 6 February 2004, the Patna High 

Court reportedly sought a meeting with 

Bihar Chief Minister Rabri Devi to 

discuss measures for “the strict 

implementation” of the Juvenile Justice 

Act and observed that the State 

Government was not “properly 

cooperating” in the matter. 59 

On 25 November 2004, National 

Human Rights Commission took a suomotu 

action on the basis of a news report 

published in The Asian Age on 23 

November 2003 captioned “Child 

criminal?” The news report showed the 

photograph of 12-year-old Govinda in 

handcuffs and tied with a big rope by 

police personnel of Sri Krishna Puri 

police station of capital Patna. The 

Director General of Police, Bihar was 

directed to report within two weeks, 

amongst others, about the circumstances 

that led to the handcuffing of the child in 

violations of the Supreme Court 

guidelines and whether the child was 

produced before the Juvenile Justice 

Board. The 12-year-old Govinda was 

reportedly arrested for allegedly calling 

up houses in the area, abusing the owners 

and demanding ransom money in the 

style of the notorious Bindu Singh who is 

currently lodged in Bhagalpur jail on 

charges of extortion. 60 

VII. Defenders at risks 

Social activists Sarita Kumari and 

Mahesh Kant of Institute of Research and 

Action, who reportedly turned Shabdo 

village into a model village, were gunned 

down near Pathlauria Ahar under Fathepur 

police station, Gaya by unidentified 

gunmen on the night of 24 January 2004. 

The assailants intercepted the victims’ 

vehicle and shot them at point blank range 

when they were returning to their Fathepur 

office. 61 Both Sarita Kumari and Mahesh 

43


Kant were engaged in a legal fight with the 

district’s dreaded gangster, Samman 

Yadav, who forcibly grabbed a piece of 

Dalit’s land in Fathepur. 62 Police arrested 

44 

four persons in connection with the 

murder. Among those arrested included 

noted criminals of the area- Budhan Yadav 

and Sadhu Yadav. 63 

■

Chapter5 

Chhattisgarh 

I. Overview 

Ruled by Bharatiya Janata Party (BJP), Chhattisgarh 

witnessed sharp increase of custodial deaths. There were 

reports of 11 deaths in police lock up during June-December 

2004. On 24 November 2004, Home Minister Brijmohan Agrawal 

justified the custodial deaths by stating that 13 custodial deaths had 

taken place during the Congress rule; but the administration took 

little action. 1

INDIA HUMAN RIGHTS REPORT 2005 Chhattisgarh 

The radical Left-wing armed 

opposition group, also called Naxalites, are 

reportedly active in eight districts out of 

total sixteen districts, mainly in the tribal 

areas. Many tribals have been allegedly 

arrested under false cases as Naxalites. 

While violence against women has 

been rampant, atrocities against the Dalits 

by the upper caste Hindus continued 

unabated. 

The condition of jails in the state 

remained deplorable. K.A. Jacob, 

Chairman of the State Human Rights 

Commission of Chhattisgarh admitted 

unbearable and sub-human condition of 

Chhattisgarh jails, which were 

overcrowded and infested with diseases 

like tuberculosis. 


While the Congress claimed that 11 

custodial deaths have taken place during 

June-December 2004, on 24 November 

2004, state Home Minister Brijmohan 

Agrawal justified his government’s human 

rights record by stating that 13 custodial 

deaths had taken place during the 

Congress rule; but the administration took 

little action. 2 The NHRC had registered 30 

custodial deaths in 2000-2001 and 32 in 

2001-2002. 

Former Home Minister of 

Chhattisgarh, Nandkumar Patel accused in 

the state Assembly that Lal Sai had died in 

the police custody in Budha Bagicha 

village under Rajpur development block of 

Sarguja district. Patel alleged that the 

deceased was detained under section 151 

46 

of the Prohibitory Act and given third 

degree torture that caused his death. 

Replying to the question, state Home 

Minister Agrawal however categorically 

denied that Lal Sai died in police custody 

and was subjected to brutal torture. 

Agrawal said the police registered an 

offence against Sai following a complaint 

lodged by his brother’s wife for abusing 

her. The minister further stated that Lal 

Sai was detained on 25 April 2004 but was 

released on bail on the same day. Sai was 

reportedly admitted to Rajpur Government 

Hospital on 11 May 2004. Agrawal further 

claimed that Sai died not of police 

atrocities but of ulcer. An inquiry report 

submitted by the Sub-Divisional 

Magistrate of Ambikapur reportedly did 

not indicate any external injury mark. 3 

On 6 June 2004, 21-year-old Rajesh 

Yadav of Arang died in the custody of 

Arang Police Station in Raipur district. He 

was brought to the police station at about 

12 noon for interrogation in connection 

with the missing of a pregnant woman, 

Sunita Sonwani. Police stated that at about 

2.30 p.m. Rajesh’s brother brought meals, 

which he ate. One-and-half hours later he 

started vomiting and taken to a nearby 

primary health centre from where he was 

referred to Dr. Ambedkar Hospital, Raipur. 

His condition deteriorated there and later. 

Police alleged that Rajesh Yadav died of 

consuming insecticide from a bottle which 

he had kept with him. 4 A magisterial 

inquiry was ordered. 5 

On the night of 13 August 2004, a 

tribal youth named Ramkumar Dhruv


from Bhalesur village died in the custody 

at Suhela police station in the Raipur 

district. 6 He was arrested on 7 August 2004 

on the suspicion that he had stolen diesel 

worth Rs 300 from a vehicle. He was 

allegedly detained illegally for six days in 

police custody and tortured. In order to 

humiliate him further, the police took him 

to his village Bhalesur and to his in-laws’ 

village too. There, they allegedly beat him 

up in public. Villagers alleged that when 

the policemen brought him to the village to 

humiliate him, he could hardly walk due to 

torture by the police. The police claimed 

that Ramkumar committed suicide by 

hanging himself from the ventilation of the 

lavatory with the blanket provided to him. 

The villagers alleged that he was murdered 

during his detention and in order to save 

their skins, the police hanged his dead 

body to convert the case into a case of 

suicide. The post mortem on Ramkumar’s 

body was conducted and his body was 

buried secretly. Later on, in response to a 

public interest litigation, the Chhattisgarh 

High Court directed for re-post mortem, 

where forensic experts found several 

injury marks all over his body. 7 On 9 

September 2004, Chief Minister Raman 

Singh stated that following report of 

magisterial inquiry, assistant sub-inspector 

Subhash Pradhan, head constable 

Punnuram Deharia, constables Mahesh 

Verma and Rohit Verma were suspended 

and later arrested. Besides, inspector of 

Suhela police station G.P. Mishra and Ms. 

Usha Sondhiya were also suspended on 

charges of negligence. Dr A.P. Nayak and 

Dr G.S. Som, who conducted the first postmortem 

on the deceased, were also 

suspended and a case had been registered 

against them on charges of suppressing 

evidence. 8 


Sukhpal Lodhi succumbed to torture by 

Government Railway Police (GRP). 

Sukhpal Lodhi reportedly arrived at the 

Bhilai railway station with his wife Sukhdei 

to catch the Sarnath Express on the night of 

2 September 2004. When he saw two GRP 

constables, Supen Kumar Rai and Cardius 

Tigga, he tried to run away. On complaint 

from his wife that he was forcibly taking 

her to his home in Bihar, he was arrested 

and taken to the GRP post at Bhilai in Durg 

district. There he was beaten up mercilessly. 

When his condition deteriorated, they sent 

him home. At home, Sukhpal complained 

of severe pain in his chest and back. His 

wife took him to the district hospital where 

he died on 3 September 2004. The postmortem 

report allegedly revealed that he 

had sustained serious injuries in his spine. 

His lungs were damaged and three of his 

ribs were broken. 9 

On the intervening night of 4-5 

September 2004, one Chandraprakash 

Ogre belonging to the backward 

community of Balauda in Janjgir district 

died in the police custody. He was waiting 

at the bus stand to go to his in-law’s house 

on the night of 4 September 2004, when a 

person called the police and handed him to 

them finding him of suspicious nature. 

Next day Ogre’s body was found in a 

semi-naked condition inside Balauda 

47


Mandi. The police buried the body under 

the pretext that he was unidentified even as 

his relatives were searching for him. After 

20 days when his parents came to Baloda 

searching for him that they were informed 

about his death. 10 

On 6 October 2004, a Dalit youth, 

Banau Satnami hailing from Sodha village 

allegedly died in police custody at Pipriya 

under Kawardha district. 11 His body was 

recovered from a field a few metres away 

from the police station adjacent to a power 

sub-station of the Chhattisgarh State 

Electricity Board. Police claimed that the 

youth died of electrocution by hightension 

overhead wires. The deceased had 

been summoned to Pipriya police station 

on 5 October 2004 for interrogation in a 

case relating to an attempt to murder in his 

village. However, villagers claimed that 

the policemen killed him first and then 

tried to project it as suicide. A magisterial 

inquiry was ordered. 12 

On 14 October 2004, Santosh Sahu of 

village Kosmandi, Raipur district, was 

found hanging from a tree outside the 

village. On 9 October 2004, Santosh Sahu 

was summoned to the Pallari police for 

interrogation in connection with a theft 

case at the house of one Bodhan Verma of 

the same village. Police said that Sahu was 

interrogated by Assistant Sub-Inspector 

Devangan in the presence of the village 

Sarpanch and Kotwar, and released later. 13 

However, Chattisgarh Sahu Samaj, whose 

delegation made a spot verification, 

alleged that during interrogation he was 

pressurised to confess his involvement in 

48 

the burglary and was threatened. On 12 

October 2004, the deceased went to 

operate pump in the fields but went 

missing since then. He was found hanging 

from a tree. Santosh Sahu’s knees were 

reportedly found touching the ground and 

the rope was loose. 14 

In October 2004, 14-year-old Dalit 

boy, Santlal Gad allegedly died due to 

brutal torture by police at Devbhog in 

Raipur district. Devbhog police had picked 

him up from his residence at Rajapra in 

connection with a theft case. He was 

handcuffed and beaten up in front of his 

parents. Even his aged parents were beaten 

up when they tried to urge the police to 

stop the torture. The police kept beating 

him all along the way to the police station. 

After he returned home, he succumbed to 

the injuries. 15 

On 24 October 2004 night, Mannu 

Koropi, an accused in a rape case, of 

Michgaon allegedly committed suicide in 

Maanpur police station in Rajnandgaon 

district by consuming poison. The police 

claimed that he reached the police station 

of his own after having consumed poison. 

When he began vomiting, the police 

rushed him to the primary health centre at 

Maanpur from where he was referred to 

Rajnandgaon District Hospital but he died 

on the way. Police claimed to have 

recovered a suicide note from the deceased 

specifying that he was taking the extreme 

step as “he failed to live with her”. Local 

Congress MLA Uday Mudallar however 

charged that the youth committed suicide 

as police subjected extreme pressure on


him. A magisterial enquiry was ordered 

into Mannu’s death. 16 

On 18 November 2004, 17-year-old 

Dalit, Suresh Shinde of Dhania village 

allegedly died in police custody at 

Takhatpur police station in Bilaspur 

district. According to the police, the youth 

committed suicide by consuming poison 

inside the police station. But the family 

members alleged that he was tortured to 

death. Three serious wounds were 

reportedly found on his body. Finding 

them suspicious, a patrolling party of 

Takhatpur had picked up Suresh Shinde 

and his girlfriend Poonam Vishwakarma 

and confined them at Gurunanak 

Dharmashala. They had allegedly eloped 

on 17 November 2004. Later the police 

ordered the security guard of the 

Dharmashala to bring them to the police 

station. The police claimed that on the way 

to the police station, Suresh Shinde 

consumed poison. But the security guard 

reportedly denied this. 17 

On 3 April 2004, 35-year-old Chaitu 

Ram of Takilodha village of Dantewara 

district was allegedly gang raped and then 

killed by the police in Bastar. The police 

later claimed that she was a Naxalite. 

Some villagers were reportedly 

eyewitnesses to the gang rape in custody. 18 

III. Atrocities against the Dalits 

Dalits are subjected to torture, 

humiliation, attacks and social boycott. 

Government’s inaction and apathy have 

further aggravated their plight. 

On 16 August 2004, the inhabitants of 

two Satnami (Dalits who are followers of 

spiritual leader Guru Ghasidas) bastis in 

Gumka village in Durg district were 

attacked by a huge mob of the upper caste 

Hindus and non-Dalits of the same village 

because they had wanted the Hindus to 

participate in their festival as had been the 

tradition. While men were beaten 

mercilessly women were disrobed and 

humiliated. Even the cattles were not 

spared. 19 

A fact-finding team of the Dalit 

Study Circle and Chhattisgarh Satnami 

Samaj stated that at around 7 a.m. on 16 

August 2004 about 800 upper caste 

Hindus of Gumka village attacked the 

two Satnami bastis injuring more than 

150 people including 35-40 women. 

Women were dragged out while their 

clothes were either torn or disrobed off. 

According to Godawari who had 

survived with severe injuries on thigh 

and back, “it was an attack all of a 

sudden. We couldn’t even realise that 

what is happening to us. While I was 

dragged I saw my mother-in-law and my 

daughter also being pulled out in the 

same way. And they beat us. They had 

torn all our cloths and began molestation 

with all using abusive language against 

our caste and women”. 20 

Earlier the Dalits of the two localities 

in the upper caste dominated Gumka 

village had been subjected to social 

boycott. They were not allowed to fetch 

water from the village well. They were 

harassed in the name of caste. Tension 

between Dalits and non-Dalits had 

49


reportedly been brewing ever since a Dalit 

woman was elected as the sarpanch in the 

Panchayat elections in 2000. 21 

IV. Prisons and prisoners 

Although on 12 October 2004, 

Chhattisgarh government approved a state 

amendment to the Criminal Procedure 

Code to enable the courts to record the 

statements of jail inmates through video 

conferencing facility22 , the prison inmates 

failed to get speedy justice. Their 

conditions remained deplorable. 

According to K.A. Jacob, former 

Chairman of the State Human Rights 

Commission, the incidence of tuberculosis 

was on the rise among prison inmates. 

Except in one jail - Raigarh - there is about 

100 to 150 per cent overcrowding in all the 

jails in the state. 23 

An undertrial, Paikoram of village 

Sulenga under Mardum police station in 

Bastar district died on 20 March 2004 at Dr 

BR Ambedkar Memorial Hospital, Raipur. 

He was being lodged in Raipur Central jail at 

the time of his death. An investigation 

headed by the Sub- Divisional Magistrate 

B.L. Thakur was ordered to investigate into 

the circumstances leading to his death. 24 

On 24 November 2004, Rahansai 

Kanwar under Ambikapur police station 

allegedly died at Kathghar while he was 

being taken to Raipur Central jail from 

Ambikapur. Rahansai Kanwar was a 

murder convict. He was rushed to local 

health centre where doctors declared him 

death. Police claimed that the accused had 

been ill for some days. 25 

50 

V. Atrocities by the armed 


Naxalites are reportedly active in 8 out 

of 16 districts in Chhattisgarh. Because of 

the increasing attacks in June 2004 the 

Chhattisgarh government reportedly 

issued a confidential circular directing the 

police department to stop releasing to 

media reports of Naxal attacks on security 

forces in the interests of the police force 

and the people. 26 There were about 40 

companies of CRPF and the Chhattisgarh 

police deployed to tackle the insurgents.27 

The state government reportedly 

earmarked Rs 10 crore in setting up a 

jungle warfare training centre at Kanker to 

train its police force to contain the 

Naxalites. 28 

On 24 June 2004, Chhattisgarh 

government announced a surrender and 

rehabilitation policy for naxalites and 

people affected by the menace. 29 It had 

little effect. 

In mid-November 2004, the 

Naxalites reportedly ordered eight tribal 

families of Markabeda village in 

Narainpur sub-division-who converted to 

Christianity some months back-to leave 

the village or be “punished” for 

converting. The families were also 

warned against lodging a report with the 

administration. Most families, fearing the 

wrath of the Naxalites, had taken shelter 

in a missionary in Narainpur and sought 

rehabilitation elsewhere. The Naxalities 

also targeted the VHP and RSS activists, 

accusing them of converting the tribals to 

Hinduism. 30 

■

Chapter6 

Delhi 

I. Overview 

Ruled by the Congress Party, National Capital Territory of 

Delhi witnessed serious human rights violations in 2004. 

Delhi Police in 489 surprise checks on its 127 police stations 

found the behaviour of the policemen in 103 police stations “not up 

to the mark”. About 130 policemen including one Assistant 

Commissioner of Police, four inspectors, 12 Assistant Sub- 

Inspectors, 32 head constables and 60 constables were found 

involved in criminal cases. 1

INDIA HUMAN RIGHTS REPORT 2005 Delhi 

In all the custodial death cases in 

2003, the Delhi Police allegedly managed 

to bend the law to protect their guilty 

colleagues. In 2004, the situation remained 

the same. In the case of torture of one 

Rajan Sharma on 19 March 2004 at 

Sunlight Colony police post, no action was 

allegedly taken against the two constables 

despite a written complaint to the Station 

House Officer of the Srinivaspuri Police 

Station. 2 The Delhi High Court in an order 

in May 2004 summoned the Deputy 

Commissioner of Police (Crime), Sub- 

Inspector Praveen Kumar and his 

immediate Assistant Commissioner of 

Police for failing to initiate action against 

Sub-Inspector Praveen Kumar. The Sub- 

Inspector had picked up, detained and 

tortured Deepak Kumar, a teenager at 

Ambedkarnagar police station and got the 

victim admitted to Batra Hospital under a 

fictitious name to avoid any action. 3 

Despite the presence of the media, 

political leaders, National Human Rights 

Commission and the diplomatic 

community, law enforcement personnel 

ranging from Delhi Police to Railway 

Protection Force were responsible for 

arbitrary arrest, detention and torture. In 

August 2004, a 16-year-old street boy 

alleged that he was forced to indulge in 

“oral sex” with another 12-year-old as 

“punishment” by some policemen of New 

Friends Colony Police station. 4 

A woman was reportedly raped in 

Delhi every 24 hours in the first half of 

2004. 5 The law enforcement personnel 

were also responsible for rape and other 

52 

violence against women. 

The Tihar Jail, effectively country’s 

show-piece for prison reforms also 

witnessed serious violations of the rights 

of the prisoners. An overcrowded prison 

with 12,610 prisoners against the 

sanctioned capacity of 5,050 prisoners, 

there were reports of torture, suicide and 

custodial deaths. 

NGO activists working on the Right to 

Information Act faced attacks from the 

criminals for exposing their misdeeds. The 

police often failed to take effective 

measures to stop recurrence of such 

attacks. 

II. Arbitrary, summary and 

extrajudicial executions 

The Delhi Police were responsible for 

arbitrary arrest, detention and torture and 

arbitrary deprivation of life. The NHRC 

registered 25 custodial deaths in Delhi in 

1999-2000, 37 in 2000-2001 and 32 each 

in 2001-2002 and 2002-2003. 6 

In all cases of custodial deaths 

occurred in 2003, the police some how 

managed to bend the law to protect the 

guilty colleagues. The Peoples Union for 

Democratic Rights (PUDR) reportedly 

investigated five deaths reported in police 

custody in 2003 and found that at least 

three were genuine cases of custodial 

deaths. The most shocking of the three was 

the killing of Sushil Kumar on 20 October 

2003 at Madipur in North-West Delhi. 

Kumar, the 32-year-old STD booth owner 

died after being mercilessly beaten up by 

five Delhi Police personnel. All the


accused policemen were booked for 

murder, but were never arrested. Though 

the police claimed they were under 

detention, they roamed freely. Kumar’s 

autopsy was inconclusive and the police 

officials stated that they would arrest the 

accused only if the viscera report, which 

was awaited, suggested that Kumar died 

because of the beating - a clear departure 

from the normal practice. 7 

In 2004, a few police personnel were 

punished for violation of the right to life in 

police custody. On 15 July 2004, the Court 

of Additional Sessions Judge sentenced a 

Delhi Police constable Anil Kumar to life 

imprisonment and the three other convicts 

- SHO Rajender Singh Dhaiya, Sub 

Inspector Sher Singh and one Manoharlal 

Narang to five years rigorous 

imprisonment in connection with the 

custodial death of one Jagannath at Lahori 

Gate police station on the night of 1 and 2 

May 1991. The deceased was allegedly 

picked up by the accused policemen for 

questioning and mercilessly beaten up in 

custody that led to his death at St. Stephen 

Hospital. 8 In another judgement in June 

2004 on custodial death of an autorickshaw 

driver, the Delhi High Court held 

the Delhi police guilty of violating the 

Supreme Court guidelines to be followed 

while arresting a person and imposed a 

fine of Rs 5 lakh. 9 

In 2004, there were many incidents of 

custodial death and arbitrary, summary 

and extrajudicial deprivation of the right to 

life. 

On 16 January 2004, one Lacho Devi, 

50, a homeless disabled woman was 

allegedly beaten up by a Delhi police head 

constable, Kishanpal near Cannaught 

place’s Super Bazar. According to 

eyewitnesses, head constable Kishanpal 

kicked Lacho Devi’s wheelchair, dragged 

her out of it and threw her on the ground. 

She was grievously injured. The 

policeman was shooing away the homeless 

on the road and shouted at the old woman 

who could not push her wheel chair 

because of her disability. The policeman 

instead of rushing the victim to hospital 

left her on the road writhing in pain. 

Finally, the victim died at Lady Hardinge 

(MLC. number 2599/04) on 19 January 

2004 of suspected septicemia. 10 The 

eyewitnesses Ramesh and Nilo Devi who 

were homeless themselves - claimed that 

the New Delhi district police paid Rs 

6,000 to them on 25 January 2004 in the 

mortuary of the Lady Hardinge Hospital in 

an attempt to silence them and influence 

the investigation in favour of the accused 

policeman. On 25 January 2004, the area 

sub-divisional magistrate, I D Pandey, 

summoned the two eyewitnesses and got 

their statements recorded and 

consequently doctors conducted a postmortem 

in the hospital. 11 

At around 11 a.m. on 25 February 

2004, two army jawans Naik Sauri Raj of 

Trichy in Tamil Nadu, and Sepoy Suresh G 

from Chitoor in Andhra Pradesh along 

with some other passengers at New Delhi 

railway station reportedly beaten to death a 

man accused of trying to steal the 

belongings of the two jawans. The army 

53


personnel and other passengers allegedly 

kicked and punched the deceased all over 

the body due to which he suffered severe 

internal injuries and collapsed on the spot. 

He was rushed to hospital where he was 

declared dead. The army personnel were 

arrested. 12 

On 22 June 2004, an undertrial of 

Tihar Jail, Nirmal Kumar, 40, of Nangal 

Raya village in West Delhi allegedly 

committed suicide using his shoestrings to 

hang himself from the grill in Tihar jail no. 

4. The jail officials claimed that Kumar 

was depressed as he expected to be 

awarded death penalty for the crime. He 

had been undergoing trial for the past 

seven years for raping and killing an 11year-old 

girl. 13 

On the evening of 5 July 2004, a 

patrol party of the Sabzi Mandi police 

station spotted one Promad hailing from 

Sitapuri in Uttar Pradesh moving 

suspiciously at the Nehru Park under Sabzi 

Mandi police station in North district of 

Delhi. The police arrested him under 

section 109 Criminal Procedure Code and 

lodged him inside the police station lock 

up at 9 pm. According to the police, 

following black out of the area due to load 

shedding there was no light in the police 

station for about one and half hour from 

9.30 pm to 11 pm. At 10 pm, SHO Safdar 

Ali saw the body of Pramod hanging by 

his shirt from the grill gate of the lock up. 

Constable Umesh Rai, who was on sentry 

duty at that time, had gone to see the duty 

officer to enquire about restoration of 

electricity. Pramod was rushed to Hindu 

54 

Rao Hospital where he was declared 

brought dead. 14 

On the night of 16 August 2004, 

Deepak Yadav, an alleged pickpocket died 

under mysterious circumstances at Ram 

Monohar Lohia hospital. While the 

relatives of the victim alleged police had 

beaten the deceased to death, the police 

claimed he was a pickpocket and died 

when he jumped out from the moving bus 

in an attempt to flee on 12 August 2004. 

He was then admitted to the Ram Manohar 

Lohia Hospital where he died. 15 

At around 9.30 a.m on 11 May 2004, a 

32-year-old rickshaw-puller Nandu, who 

had entered Old Delhi railway station 

without a platform ticket, was allegedly 

beaten to death by an assistant subinspector 

of the Railway Protection Force 

(RPF) B.K. Singh and two other RPF men 

on duty. The victim was murderously 

assaulted for his unauthorized entry in the 

railway station and using the toilet. 16 

III. Arbitrary arrest, detention and 

torture 

Arbitrary arrest and torture were 

widely reported in Delhi. The victims 

were tortured either to extract confessions, 

obtain bribes, settle personal disputes or 

sometimes due to lawless law 

enforcement. 

At around 2 p.m. on 15 February 

2004, a businessman Nand Gopal 

Aggarwal of Shastri Nagar was allegedly 

beaten up for the failure to pay bribes at 

Dhaula Kuan. He was allegedly taken to 

the Chanakyapuri Police Station and


forced to sign on a written statement that 

some men beat him up and that the police 

saved him from them. A departmental 

probe into the matter was ordered. 17 

On 19 March 2004, two Delhi police 

constables posted at the Sunlight Colony 

police post in Srinivaspuri of East Delhi 

allegedly picked up one Rajan Sharma, a 

play actor of the Patri Pe Bachpan, while 

he was playing ludo with two friends. 

While his friend ran away, Rajan was 

caught and picked up. On the way to the 

Sunlight Colony police post, the 

constables slapped and punched Rajan on 

the face and kicked him on the back. Two 

hours later when injured Rajan called up 

his friends from Jamghaat, a street 

children theatre group, the police realised 

its mistake and offered Rs 50 to Rajan to 

keep his mouth shut. No action was 

allegedly taken against the two constables 

despite submission of a written complaint 

to the Station House Officer of 

Srinivaspuri Police station. 18 

At around 10.30 pm on 11 June 2004, 

a 42-year-old senior bank manager and his 

14-year-old son, both residents of Mayur 

Vihar in East Delhi were arrested by five 

policemen when they were about to reach 

their home. They forcibly took them to 

Faridabad in Haryana and later to the 

Malviya Nagar police station in Delhi. The 

manager was reportedly made to sign 

some blank papers. They were detained 

illegally at the police station on cheating 

charges for more than three hours. He and 

his son were released only after the ACP of 

the sub-division intervened at 3.30 am on 

12 June 2004. 19 

On 16 April 2004, three under-trials 

were reportedly assaulted in Patiala House 

Court’s transit lockup by the police 

because one of the inmates Man Bahadur 

picked two cups of tea, one for himself and 

the other for his friend Lohman, who was 

handicapped and had difficulties in 

walking. The three undertrials- Bahadur, 

Amir and Lohman - who were arrested in 

2003 on charges of planning a dacoity, 

were being produced in the court of 

Special Judge H.P. Sharma. They 

reportedly looked so unfit that the Special 

Judge had to order their medical 

examination. Bahadur was facing 

difficulty in walking and Lohman had a 

swollen mouth due to beating by the 

police. The police, however, claimed that 

the inmates fought amongst themselves for 

tea. 20 

On 28 April 2004, an eight-year-old 

boy, Sahil, was beaten and abused by a 

police official after he had broken a glass 

of the police officer while playing. He had 

to be reportedly hospitalized. But, the 

police refused to register any case despite 

calling up the police control room. The 

NHRC intervened in the matter. 21 

On 4 May 2004, one Tinku, a resident 

of Jwala Nagar, Shahadara in East Delhi 

was riding his motorcycle with his 13-yearold 

brother, Sunny, reportedly without 

helmets. The Station House Officer of 

Vivek Vihar Police Station, Ram Niwas 

Vashisht and his staff were in Kasturba 

Nagar and signalled them to stop. Tinku 

reportedly did not obey and sped off, but the 

55


police managed to intercept him. He was 

taken to the police station, where he was 

allegedly beaten up again. Police allegedly 

booked Tinku and his brother in a false 

Excise Act case and showed recovery of 13 

bottles of liquor. On medical examination 

of Tinku by doctors at Lok Nayak Hospital, 

it was found that there was a severe vision 

problem in his right eye. Tinku also had 

head injuries. 22 In response to a complaint 

by Tinku, a vigilance inquiry was ordered 

by East district Deputy Commissioner of 

Police but the police allegedly refused to 

register a case against their officers. 23 

On 14 May 2004, two-factory workers 

Vishwanathan and Bodhan were arrested by 

the Jehangirpuri Police Station in North 

Delhi in connection with the rape of a fiveyear-old 

girl in the Kondli area under 

Jehanghirpuri police station limits. Both of 

them were kept in police custody for some 

time, and let off later after sustained 

interrogation. On 4 June 2004, the police 

allegedly nabbed Vishwanathan again and 

interrogated him for the second time. 

During the interrogation, a Sub-Inspector, 

one Assistant Sub-Inspector and two 

Constables started beating him. He was 

reportedly first hanged upside down and 

then rolled down. When he fell 

unconscious, the police officials thought of 

sending him to some Government hospital. 

But owing to the fear of being exposed, 

they finally decided to take him to a private 

nursing home, Saroj Hospital on 5 June 

2004 under a changed name. 24 

On 26 May 2004, Mahesh Sharma, a 

polish factory owner of Anand Parbhat 

56 

area of West Delhi, was allegedly stopped 

by police at the picket carrying out 

checking in the area. Following an 

argument between Sharma and a constable 

Shyam Vir Tyagi, Sharma was beaten up 

by the policemen. 25 

On 9 July 2004, Anoop Singh, an 

Assistant Sub-Inspector of the traffic 

department of Delhi Police shot at driver 

Surinder Singh for allegedly refusing to 

pay bribes. Although Anoop Singh was 

suspended and incarcerated for a month 

and a half before his bail, he had allegedly 

been threatening Surinder for filing a writ 

petition seeking compensation for his 

injuries. 26 

In August 2004, a 16-year-old street 

boy alleged that he was forced to indulge 

in “oral sex” with another 12-year-old as 

“punishment” by some policemen of New 

Friends Colony Police station. The victim 

alleged that another associate of his was 

sodomised. Taking cognizance of the 

allegations by the victims, the Delhi Police 

reportedly charged one of its officials, 

constable Sambhu with sodomy under 

section 377 of Indian Penal Code and 

suspended him. 27 

On 5 September 2004, a Railway 

Protection Force (RPF) constable 

reportedly addressed as Cobra allegedly 

beaten up a 12-year-old boy Sabir at the 

Nizamuddin railway station. Cobra 

allegedly took off Sabir’s clothes and 

beaten him up with the belt. 28 

On 7 September 2004, a brick hit a 16year-old 

Jeetu during a quarrel amongst 

children while playing in a park near


Jawalapuri in Paschim Vihar. Somebody 

called up the police control room and the 

boys were taken to the Paschim Vihar 

police station. Jeetu’s father, who washes 

utensils with some dhaba, roadside 

restaurant, was called to the police station 

at about 3.30 p.m. Head constable, Inder 

Singh allegedly demanded Rs 5,000 for 

releasing the boy. When Jeetu’s parents 

could not pay the money a fabricated case 

was allegedly registered against Jeetu. He 

was allegedly shown as a ‘major’ in the 

police records and sent to Tihar Jail by 

Inder Singh for not getting the amount of 

bribe he sought from the boy’s parents. 29 

At around 11.45 p m on 27 December 

2004, an activist of the Action Aid, S.K. 

Ravi, was assaulted by a policeman in civil 

dress for demanding to reveal his identity 

before subjecting him to unwarranted 

questioning. Ravi was returning to his 

house on foot from his friend’s house in a 

nearby area. A motorcycle-borne policeman 

in civil dress intercepted him and started 

questioning as to what was he doing so late 

in the night. 30 

IV. Violence against women 

A woman was reportedly raped in 

Delhi every 24 hours in the first half of 

2004. 31 The law enforcement personnel 

were also responsible for violence against 

women. 

On the evening of 27 May 2004, four 

Railway Protection Force (RPF) 

constables allegedly raped a 35-year-old 

woman at the railway quarters in Daya 

Basti near Sarai Rohilla, North Delhi. In 

her complaint to the police the woman 

alleged that her house owner, constable 

Jahan Singh, took her to another quarter 

around 5.30 pm in the adjacent block for 

showing it to her. Constables Tejpal, 

Karamveer and Harshveer were allegedly 

present there and drinking. She alleged 

that when she turned back, they caught 

hold of her and took turns to rape her. 32 

At about 10 p.m. on 22 July 2004, 

Prem Singh Bajwa, a beat constable posted 

with the Dilshad Garden police station 

reportedly forced his way into the nurses’ 

hostel number 11 of Institute of Human 

Behaviour and Allied Sciences (IHBAS), 

Shahdara in East Delhi and allegedly 

misbehaved with the inmates. He 

reportedly made lewd comments and 

attempted to molest some of the nurses. 33 

On 23 December 2004, a 32-year-old 

woman of Kalkaji in south Delhi who runs 

a boutique alleged that a Delhi police 

constable Birendra Kumar had raped her 

some time back. A case was registered 

against the constable. 34 

Rekha Kaul, staff of Communication 

Department at the police headquarters 

allegedly assaulted and tortured her 

domestic helper, a 12-year-old girl from 

Gwalior, Madhya Pradesh. According to 

the police, Kaul was forcing the girl into 

prostitution. She was allegedly assaulted 

with hot iron rods and chilli powder 

thrown into her eyes. There were over 20 

injury marks on the body of the victim. A 

child helpline and Salaam Balak Trust got 

a case registered under the Juvenile Justice 

Act on 20 February 2004. 35 

57


V. Atrocities against SCs/STs 

The allegations of discrimination 

against the Scheduled Castes and 

Scheduled Tribes in Delhi particularly 

related to access to education and jobs. 

The Dalit and Scheduled Tribes 

students’ organisations alleged that Delhi 

University has not been following 

reservation policy for the allocations of 

seats. Out of the total sanctioned strength 

of 45,000 students, about 10,125 seats are 

to be reserved for the SCs/STs students. 

The university reportedly reserved only 

about 7,000 seats for the SC and ST 

categories during the academic session 

2004-2005. In 2003, DU had admitted 

43,641 students and as per the norm of 

21.5 per cent reservation for SCs/STs 

students, DU was supposed to reserve 

9,600 seats for students falling under these 

categories. However, about 4,384 reserved 

seats were reportedly not filled up. 36 

On 5 July 2004, a Delhi High Court 

quashed the Central government’s 

notification of 27 August 2003 directing 

the Delhi government to reserve 7.5 per 

cent seats of civil posts for ST candidates 

irrespective of their native state. The 

notification of the Central Government 

was challenged by Ambedkar Foundation, 

Delhi. The Delhi High Court ruled that as 

Delhi did not have listed Scheduled Tribes, 

there could be no reservation for them. In 

its order, the court observed that for the 

Capital city, there was no Presidential 

notification listing any scheduled tribe 

here, as required by the Constitution. 37 In 

September 2004, the Delhi government 

58 

reportedly issued an order stating that only 

those Scheduled Caste and Scheduled 

Tribe families who have been staying in 

Delhi before 1954 can obtain reservations 

for the Delhi government jobs. 38 

VI. Prisons and prisoners 

Country’s show-piece for prison 

reform, Tihar jail continued to be 

overcrowded. At the end of 2004, Tihar jail 

had 12,610 prisoners against the sanction 

capacity of 5050 prisoners. Amongst the 

prisoners, 10,087 were undertrials. 39 On 25 

August 2004, the Delhi High Court 

directed the Delhi government’s Home 

Secretary to explain the delay in the 

commissioning of the new jails in the city 

meant to decongest Tihar jail. 40 On 14 

December 2004, Chief Minister Sheila 

Dixit inaugurated a New District Jail in 

Rohini with a capacity to lodge 1,050 

prisoners. 41 

The Delhi High Court reportedly 

granted bail to several aged persons facing 

trial in criminal cases in its continuing 

effort to provide time bound justice. The 

miserable condition of several categories 

of undertrials was brought to its notice by 

the National Human Rights Commission. 42 

However, despite being ordered for 

release on bail by the trial courts, 180 

undertrials reportedly failed to secure their 

release because they were unable to pay 

the bail bond and surety amount. The 

Delhi High Court in February 2003 on a 

criminal writ petition filed by the Rotary 

Club directed the trial courts to consider 

their cases and take appropriate remedial


measures. 43 

In many cases prisoners were not 

released due to dereliction of duty even 

after depositing the bail money or fines. 

Girija Pandey, a resident of Badarpur who 

was booked under the Narcotics Drugs and 

Psychotropic Substances Act, 1985 was 

convicted by the court. However, after 

completion of her conviction, Additional 

Sessions Judge (ASJ) Chandra Shekhar 

released her on 23 March 2004. Despite 

the court order, the Tihar jail authorities 

did not release Pandey stating that the fine 

was not paid. The court summoned the jail 

officials to appear before the court and 

explain the non-compliance of its order. 44 

An undertrial, Prithvi Puri was 

reportedly forced to remain in prison for 

two consecutive days despite the court 

granting him bail. The police had 

misplaced the bail bond furnished by him. 

But the police claimed that they had not 

got the pertinent document from the court 

in the first place. Taking note of the breach 

of discipline, on 15 July 2004, the 

Metropolitan Magistrate issued a 

showcase notice to the Station House 

Officer while issuing bailable warrants 

against the Investigating Officer of the 

case. A diary entry against the police 

officials was also recorded at Tilak Marg 

police station for disobedience of the court 

orders. 45 

In August 2004, the Delhi High Court 

ordered a judicial inquiry into an alleged 

case of custodial death of 26-year-old Hari 

Om, who was arrested on 18 September 

2000 and died in judicial custody on 21 

February 2000. Hari Om was facing trial 

under the Excise Act was taken into 

custody after failing to appear before the 

Court on the date fixed in his case and his 

surety was withdrawn. When Hari Om was 

sent to the judicial custody, he was 

reportedly hale and hearty. However, on 

21 February 2000, he was declared dead 

on arrival at Deen Dayal Upadhyay 

Hospital after the Tihar Jail authorities 

took him to the hospital. The screening 

report at the time of his admission to the 

jail reportedly indicated that he had three 

“old wounds”, while a report dated 25 

September 2000, made by the Sub- 

Divisional Magistrate after his death, 

noticed eight injuries. The postmortem 

examination conducted on 26 September 

2000 reportedly revealed 18 anti-mortem 

(before death) external injuries on the 

body. The postmortem examination 

recorded the cause of death as “shock 

caused by multiple injuries”. The wife of 

the victim has been seeking punishment of 

the culprits and compensation. 46 

On 26 August 2004, the Delhi High 

Court sought explanation from Delhi 

Government and police on a petition 

alleging that Zafar Khan, an undertrial 

died in Tihar Jail in August 2001 due to 

non-supply of insulin injection. A report 

by the Deputy Commissioner of Police in 

June 2004 reportedly disclosed that “the 

deceased was not administered any insulin 

injection during his stay at Tihar Jail on 

August 9 and 10, 2001, which according to 

doctors could have led to development of 

diabetic ketoacidesis.” 47 

59


There were numerous allegations of 

human rights violations in Tihar jail in 

2004. 

On 12 January 2004, the All India 

Defence Committee on S.A.R. Geelani in a 

complaint to the National Human Rights 

Commission alleged that the Kashmiri 

Muslim inmates inside Tihar Jail were 

beaten up on the slightest pretext, tortured 

by pushing poles up the anuses, being forced 

to drink urine and deprived of drinking 

water for days together by the jail officials. 48 

On 19 April 2004, a 24-year-old 

undertrial in Tihar Jail, Vijay Kumar 

allegedly committed suicide inside the jail 

dispensary with the help of a towel. He 

was facing trial on charges of dowry death 

of his wife on 12 April 2004. A suicide 

note that has been allegedly recovered 

from the victim reportedly claimed that he 

didn’t kill his wife and that he was 

committing suicide, as he was unable to 

bear the pain of her death. A magisterial 

inquiry was ordered into the incident. 49 

On 3 July 2004, 24-year-old Zohra, an 

Afghan national, who had been under 

going a term of 10 years imprisonment and 

lodged at Jail No.6 of Tihar Central Jail 

died in Deen Dayal Upadhyaya Hospital. 

The other inmates of the jail alleged that her 

death was caused by beating up by a jail 

matron. Around 10 days before her death an 

argument broke out between her and a jail 

matron who allegedly punched and kicked 

Zohra in the stomach. Zohra reportedly 

sustained internal injuries and her condition 

deteriorated leading to her death. 50 

Hundreds of women prisoners in Jail no.6 

60 

rioted on 4 July 2004. 51 The Delhi 

government reportedly ordered the 

exhuming of the body of Zohra following 

allegations that sexual assaults by Anjum 

Zamrooda Habib, a POTA detenue, Shaila, 

a Pakistan national, Siddika, Tahira, Anjali 

and one more caused her death. 52 

On 2 July 2004, Tanu Lal, son of 

Umrao Singh and an undertrial, was 

declared brought dead at Deen Dayal 

Upadhyaya Hospital at around 5.30 pm. 

The post mortem conducted on 7 July 

2004 by a board of three doctors appointed 

by the Delhi administration reportedly 

found injuries on Lal’s back and 

haematoma (blood collection) in the chest. 

The cause of his death was stated as 

“asphyxia/respiratory failure as a result of 

severe pulmonary disease precipitated by 

assault”. The report stated that all injuries 

were ante-mortem in nature and were 

consistent with being kicked by someone. 

Tanu Lal had been allegedly bashed up by 

the jail staff on 1 July 2004 and his 

condition deteriorated at night, leading to 

his death the next day. 53 

On the evening of 9 September 2004, 

an inmate of Tihar jail, Omprakash lodged 

at jail number 4, allegedly committed 

suicide by hanging himself from an iron 

grill with a bag belt. Om Prakash had been 

admitted to the jail on 13 November 2003 

on charges of dacoity. 54 

VII. Attacks on human rights 

defenders 

Human rights defenders working on 

the Right to Information Act and social


workers faced attacks from the criminal 

groups. 

On 21 August 2004, a social activist in 

the Anand Parbat area, Asha Ram Gautam, 

was severely beaten up for daring to 

complain to the Lt Governor and the 

Police Commissioner regarding the 

alleged nefarious activities of land and 

liquor mafia in the area. He was pulled 

down from his scooter and mercilessly 

beaten up with iron rods leading to the 

fracture of his legs and hands. He was only 

let off when his son, who was 

accompanying him, managed to rally some 

of the residents of the area to save his 

father from the criminals. Asha Ram 

alleged that the local police was fully 

involved with the mafia and therefore, the 

police did not take any serious action 

against them except registering a case of 

bailable offence. 55 

On 13 December 2004, Ms Santosh, a 

worker of an NGO, Parivarthan was 

attacked by two youth near the Food 

Commissioner’s office but the blade had 

missed her by inches. The assailants 

reportedly attacked her at the behest of 

ration shop owners, who were furious over 

their cheating of consumers being exposed. 

On 30 December 2004, her throat was slit 

by a youth soon after she had left 

Parivartan’s office at Nand Nagri. She was 

rushed to Guru Teg Bahadur Hospital where 

the wide gash had to be stitched up. 56 

■ 

61


62

Chapter7 

Gujarat 

I. Overview 

Ruled by the Bharatiya Janata Party (BJP), Gujarat remained 

one of the most intolerant States in India. Vandalizing of 

paintings and physical assault by Bajrang Dal and Vishwa 

Hindu Parishad symbolized intolerance. 1 

The police registered a case of rape and murder against Kadi 

police station sub-inspector Rakesh Pathak, in whose residence a 

woman constable, Shirin Karimbhai had received gunshot injuries 

and died in hospital on the night of 25 November 2004. 2 The NHRC

INDIA HUMAN RIGHTS REPORT 2005 Gujarat 

directed the State government to pay 

compensation of Rs 1 lakh for custodial 

death of Haji Mohd Nabuji Tentwala in 

1995. The NHRC registered 32 custodial 

deaths in 1999-2000, 38 in 2000-2001, 52 

in 2001-2002 and 51 in 2002-2003 in 

Gujarat. 3 

However, major human rights 

violations continued to revolve around the 

Gujarat riots of February-March 2002 and 

Chief Minister Narendra Modi. The 

Supreme Court held the modern day Neros 

responsible for the Gujarat riots while 

transferring the trial of the Best Bakery 

case from Gujarat to Maharashtra. While 

the Supreme Court transferred a few cases 

for trial outside of Gujarat, around half of 

the communal violence cases i.e. 2,032 out 

of 4,252 were closed down by Gujarat 

Police after classifying them as “true but 

undetected”. 4 

The alleged encounter death of Ishrat 

Jehan Shaikh, Javed, Jishan Johar, and 

Amjadali Akbarali Rana alias Salim was 

termed by Peoples Union for Civil 

Liberties and other NGOs as “One more 

encounter for Modi’s sake?” 5 

Undertrials involved in the Godhra 

carnage case alleged of harassment by jail 

authorities during namaz and poor 

medication inside the Sabarmati jail. Of 

the 305 persons booked under Prevention 

of Terrorism Act, 2002 for alleged 

involvement in Gujarat riots and 

subsequent crimes, only seven are 

Hindus. 6 As the Congress-led United 

Progressive Alliance reaffirmed to repeal 

POTA, the Gujarat assembly adopted the 

64 

Gujarat Control of Organised Crime 

(GUJCOC) Act and referred to President 

A.P.J. Abdul Kalam. 7 

Human rights defenders whether 

noted dancer Mallika Sarabhai, Teesta 

Setalvad, Fr. Cedric Prakash or Shabnam 

Hashmi faced harassment, intimidation 

and physical attacks for either attempting 

to provide justice to the victims of Gujarat 

riots or for exposing the truth about the 

riots. 8 

Oppression of the Dalits continued 

unabated in Gujarat. Stigmatization and 

social boycott of the Dalit are common 

irrespective of what positions they hold in 

the government. 9 

Despite failure to rehabilitate all the 

dam oustees, mainly the indigenous/tribal 

peoples, in Maharashtra and Madhya 

Pradesh on 13 March 2004, the State 

government of Gujarat cleared an 

additional 10 metres for the Sardar Sarovar 

dam in clear violation of the Supreme 

Court order of 2000. 10 Although the 

Narmada Control Authority’s website 

shows ‘zero families’ for rehabilitation, 

according to Narmada Bachao Andolan, 

11,000 families remained to be resettled at 

the current height of the dam at 110 

metres. 11 

II. Gujarat riots: An eye view on 

mutilated justice 

The modern-day ‘Neros’ were looking 

elsewhere when Best Bakery and innocent 

children and helpless women were 

burning, and were probably deliberating 

how the perpetrators of the crime can be


saved or protected. Law and justice 

become flies in the hands of these 

‘wanton’ boys.” - stated Supreme Court of 

India on 12 April 2004 while ordering the 

re-trial of the Best Bakery case in 

Maharashtra under the jurisdiction of the 

Bombay High Court. 

Over 2,000 people, mostly Muslims, 

were killed in the Gujarat riots following 

the death of 58 Hindus, mostly Bajrang 

Dal activists when the Sabarmati Express 

caught flames at Godhra on 27 February 

2002. The cause of the flame is in dispute. 

But, the State’s complicity in the 

subsequent riots is beyond doubt. The 

State government of Gujarat set up a 

commission of inquiry headed by Justice 

G T Nanavati Shah. On 2 September 2004, 

the United Progressive Alliance 

government constituted another High 

Level Committee headed by former 

Supreme Court Judge U C Banerjee to 

probe the incident. 12 Though the Supreme 

Court in its judgement of 12 April 2004 

blamed the Gujarat riot on “modern day 

Neros”, if the commissions of inquiries 

into the riots that took place since India’s 

independence are any indication, the 

inquiry commissions into the Gujarat riots 

will have different conclusions. The real 

culprits will once go unpunished. 

The 2002 riots haunted Gujarat. On 27 

February 2004, Ganesh Nandubhai 

Punwani was reportedly stabbed to death 

by a mob of 50 persons at 12.15 pm near 

Noorani Masjid, Varodara on the second 

anniversary of the Godhra carnage. 

Punwani was reportedly riding pillion on a 

scooter with a Muslim friend when he was 

chased and repeatedly stabbed on his 

chest, killing him on the spot. Police 

opened fire, killing 24-year-old 

Mohammed Faheem on 26 February 2004. 

Chotalal Limbasi Borse, who was injured 

in the communal clash, succumbed to 

injuries at SSG Hospital on 27 February 

2004. 13 

The Supreme Court judgments on the 

transfer of Bilqis Yakoob Rasool and Best 

Bakery cases have given a ray of hope for 

justice. In a few other prominent petitions 

pertaining to transfer to outside of Gujarat, 

the Supreme Court has yet to deliver 

judgements. Yet, around half of the 

communal violence cases - 2,032 out of 

total 4,252 have been closed down by 

Gujarat Police after classifying them as 

“true but undetected”. In most cases, there 

has been no effort at detection. On 17 

August 2004, the Supreme Court directed 

the Gujarat government to set up a 10member 

police team headed by the 

Director General of Police to assess the 

possibility of reopening post-Godhra riot 

cases, which had been closed on the 

ground that the accused could not be 

traced. The apex court asked the team to 

examine the FIRs in these cases along with 

the closure reports filed by the prosecution 

and decide, “whether fresh investigation 

was required”. 14 

On 23 August 2004, Supreme Court 

asked the Advocate General of Gujarat to 

review the State Law Department’s 

decision not to file appeals in about 200 

riot cases in which the accused had been 

65


acquitted by the trial courts and to 

recommend whether or not to prefer 

appeals. The Supreme Court asked the 

Advocate General to scrutinise in 

conjunction with the State Law Secretary 

all the orders of acquittals given by the 

trial courts and suggest whether or not 

appeal should be filed in these cases. The 

Court further directed that in future, in all 

cases pertaining to acquittal in riots cases, 

the Advocate General’s view would be 

taken into consideration by the Law 

Department before deciding whether or 

not to prefer an appeal. 15 The Advocate 

General informed that out of 217 cases, the 

government had decided to prefer appeals 

in 45 cases and 16 were under process and 

the remaining 156 cases were pending 

consideration. 16 

Obtaining justice remained 

insurmountable because of the sheer 

unwillingness of the State government to 

prosecute the culprits. The lack of 

protection for witnesses, threat to human 

rights defenders, public prosecutors acting 

more than defence lawyers and biased 

judiciary at the state level were some of 

the key reasons. 

Best Bakery Case: Twists and turns of 

the denial of justice 

The Best Bakery case explains the 

twists and turns of the denial of justice and 

the difficulty in establishing justice. 

Taking the entire chronology of events 

right from the date of incident to the 

judgement of the trial court and that of the 

High Court, Supreme Court remarked “if 

66 

one cursorily glances through the records 

of the case, one gets a feeling that the 

justice delivery system was being taken 

for a ride and literally allowed to be 

abused, misused and mutilated by 

subterfuge.” 

“The investigation appears to be 

perfunctory and anything but impartial 

without any definite object of finding out 

the truth and bringing to book those who 

were responsible for the crime,” it said. 

In a stinging criticism of the public 

prosecutor, the court said he acted more as 

a “defence counsel” and added “the trial 

court in turn appeared to be a silent 

spectator, mute to the manipulations and 

preferred to be indifferent to sacrilege 

being committed to justice.” 

Chronology of events: 

01.03.2002: 14 people were burnt 

alive and six injured when a mob set 

ablaze Best Bakery on the outskirts of 

Vadodara in the aftermath of the February 

27 Godhra train carnage. 

10.03.2002: Case handed over to 

crime branch police and 21 accused 

arrested. 

09.05.2003: Trial begun in the Fast- 

Track court of Additional Sessions Judge 

H U Mahida. 

17.05.2003: Prime witness Zahira 

Sheikh and her mother Shaherunissa 

turned hostile in court. 

27.06.2003: All 21 accused acquitted 

by the trial court for want of evidence. 

07.07.2003: At a press meet in 

Mumbai, Zahira demanded retrial of the 

case alleging that BJP MLA Madhu


Shrivastava and others intimidated her and 

her family into turning hostile. 

11.07.2003: Zahira approached the 

NHRC. 

31.07.2003: NHRC moved Supreme 

Court seeking retrial outside Gujarat. 

07.08.2003: Gujarat government filed 

an appeal against the trial court verdict in 

High Court. 

12.09.2003: Supreme Court termed 

Gujarat government’s appeal in High 

Court as an “eye-wash” and observed that 

the state government should quit if it can’t 

get the rioters punished. 

27.09.2003: Gujarat DGP ordered 

inquiry into Zahira’s allegations against 

the BJP MLA and others. 

29.09.2003: State government filed an 

amended appeal in the High Court 

admitting that trial was not held in a 

conducive manner and seeks retrial and 

quashing of earlier verdict. 

06.10.2003: Vadodara police 

registered a complaint by Zahira’s brother 

Nafitullah against Shrivastava and four 

others for allegedly having threatened 

them to turn hostile. 

07.10.2003: Bailable warrants issued 

by High Court against all 21 accused. 

09.10.2003: SC appointed former 

Solicitor General Harish Salve as amicus 

curiae in High Court. 

21.11.2003: SC stayed trial in 10 

major riot cases in Gujarat. 

26.11.2003: Gujarat High Court 

upheld the trial court verdict while 

dismissing government’s appeal for a fresh 

trial in the case. 

30.01.2004: Supreme Court admitted 

Zahira’s SLP challenging the High Court 

judgement. Gujarat State too moved the 

apex court against the High Court order. 

02.04.2004: Supreme Court issued 

notices to Gujarat Government on Salve’s 

suggestions for transfer of major riot cases 

outside Gujarat and setting up of a special 

investigating team to look into riot cases. 

12.04.2004: SC ordered reinvestigation 

and retrial of the Best Bakery 

case in Maharashtra and removed the 

public prosecutor. 

21.05. 2004: Gujarat government 

informed the sessions court Judge Abhay 

Thipsay in Mumbai that it had appointed 

Atul Mehta and T.S. Nanavati as public 

prosecutors. Maharashtra government 

announced a set of prosecutors, including 

P.R. Vakil, Manjula Rao, Zaheeruddin 

Shaikh and S.M. Vora. The sessions court 

asked both parties to arrive at a consensus 

by 5 July 2004, failing which they could 

approach the Supreme Court. 

On 5 July 2004: Special court put off 

the trial in the Best Bakery case till 19 July 

2004 with the Maharashtra and Gujarat 

governments unable to resolve their 

differences over the appointment of a 

public prosecutor in the case. 

19 July 2004: Special judge issued 

non-bailable warrants against 10 of the 21 

accused in the Best Bakery carnage. 

9 August 2004: Supreme Court 

criticised the Gujarat government for 

appointing public prosecutors who 

opposed non-bailable warrants against the 

accused to handle the post-Godhra cases 

67


and asked it to ensure that it appointed a 

Public prosecutor in the Best Bakery case 

with the consent of the victims. 

16 August 2004: Supreme Court 

directed the Gujarat government to come 

out with the notification, naming Mr PR 

Vakil and Mrs Manjula Rao, as special 

Public Prosecutor and assistant special 

Public Prosecutor respectively, before the 

next hearing in the trial court. 17 The court 

also directed the Gujarat government to 

explain within four weeks the steps it had 

taken to protect witnesses against attempts 

made to intimidate them into withdrawing 

their statements made to the CBI in the 

case. 

9 September 2004: Special court 

directed prosecutor P R Vakil to submit 

draft of charges against all 21 accused by 

13 September 2004. 18 

15 September 2004: Prosecution 

informed the special court that it proposed 

to charge the 21 accused under various 

IPC sections, including murder, attempt to 

murder, rioting, conspiracy and common 

intention. 19 

On 22 September 2004: Special judge 

A M Thipsay charged 16 of the 21 accused 

with various sections of IPC and ordered 

the appearance of the first witness in the 

case on 15 October 2004. He also 

reportedly said that charges against the 

remaining five accused would be framed 

as and when they are arrested.20 

On 5 October 2004: Reverting his 

earlier testimony, one of the two 

independent witnesses in Best Bakery 

killings, Kallu Mian Sheikh, reportedly 

68 

recalled what he saw on 2 March 2002 

when officers from the Panigate police 

station took him to Best Bakery to witness 

a panchnama being drawn. 21 

On 3 November 2004: Key witness to 

the Best Bakery case, Zaheera Sheikh, 

accused activist Ms Teesta Setalvad for 

allegedly forcing her to “implicate 

innocent persons” in the case. 22 

On 6 November 2004: Teesta Setalvad 

reportedly filed an application in the 

Supreme Court seeking a probe by the CBI 

into the circumstances that led to the 

witness’ including Zaheera’s about-turn. 

Setalvad appealed the Court to investigate 

why Zaheera wanted to depose under 

police protection. 23 

III. Prisons and prisoners 

Undertrials involved in the Godhra 

carnage case alleged harassment by jail 

authorities during Namaz and poor 

medication inside the Sabarmati jail. During 

a regular production of undertrials 

conducted through video-conferencing by 

special POTA judge Sonia Gokani on 20 

January 2004, Maulvi Hussain Umarji, one 

of the key accused, alleged poor medical 

facilities inside the jail. Another accused, 

Mohammed Hussain Kalota alleged that on 

8 January 2004 jail authorities had beaten up 

some prisoners while they were offering 

Namaz after a scuffle between prisoners of 

two barracks. 24 

The paucity of accommodation 

remained an acute problem in all the 

prisons in the State. Due to shortage of 

space and accommodation, all jails


remained overcrowded resulting in the 

growth of homosexuality. Despite the 

implementation of the “safe sex practices” 

in nine jails of Gujarat, the Gujarat State 

Aids Control Society reportedly treated 

4,247 prisoners in Surat Jail alone. 25 

IV. Defenders at risks 

Human rights defenders and Non- 

Government Organisations continued to 

face risk of security of life and liberty both 

from the Hindu fundamentalist groups and 

the government for their attempt to obtain 

justice for the victims of Gujarat riots. The 

state government including Chief Minister 

Narendra Modi openly questioned the role 

of the NGOs. 26 

In an application before the Supreme 

Court, noted dancer Mallika Sarabhai 

alleged that the Gujarat government has 

been harassing her because she had moved 

the SC seeking a CBI probe into the riot 

cases. The State government had restricted 

her movements and she was unable to 

travel freely within and outside the 

country. On 16 February 2004, the 

Supreme Court ordered the Gujarat 

government to lift restrictions put on her. 27 

As the restrictions remained despite the 

Supreme Court directive, Sarabhai again 

approached the Supreme Court in 

February 2004. The police allegedly 

harassed her on the basis of a “frivolous” 

complaint over alleged misconduct of her 

dance academy, Darpan. She alleged the 

police had foisted a false case on her 

because she had moved the SC seeking a 

CBI probe into the riot cases. 28 

On 11 April 2004, VHP activists 

allegedly assaulted three persons, 

including Shabnam Hashmi, chief of an 

NGO, Act Now for Harmony and 

Democracy, in Vadodara. She was leading 

a group to urge voters to elect a 

government that “did not promote 

communal hatred”. The VHP activists 

allegedly barged into the venue of the 

press conference, abused her and damaged 

her vehicle. The VHP activists also 

allegedly manhandled her, assaulted her 

group members and threatened to rape and 

kill her in the same manner in which 

Muslims were killed and raped during the 

post-Godhra communal riots. Two persons 

were reportedly arrested on Hashmi’s 

complaint. 29 

On 12 April 2004, activist Teesta 

Setalvad, convener of the Citizens for 

Justice and Peace, had to address her 

meeting in the office of an NGO Prashant 

in Ahmedabad amidst heavy police 

security. Police were reportedly called 

after activists of the VHP amongst whom 

two of them are principal accused in the 

Gulmarg Society communal riot case, 

came to the office and allegedly threatened 

Setalvad and the director of Prashant, Fr. 

Cedric Prakash. 30 

On 10 June 2004, Father Cedric 

Prakash was reportedly summoned by the 

state CID following instructions from the 

Chief Minister’s office. He was questioned 

for about 90 minutes in connection with 

his visit to the Sabarmati jail where POTA 

detainees were lodged. Police Inspector 

(CID Crime) J.G. Saiyed also inquired 

69


about Father Prakash’s visit to London in 

December 2003 where he allegedly made 

some inflammatory statements related to 

Gujarat riot victims. He was earlier 

questioned on 26 April 2004 and then on 8 

June 2004 after the Home Department 

forwarded an e-mail from a Mumbaibased 

IT professional Vishal Sharma, who 

quoted Father Prakash as telling a 

magazine that minorities in Gujarat feel 

unsafe. Father Prakash was allegedly 

threatened that his passport would be 

impounded for his ‘anti-national’ act. 31 

Vishal Sharma had earlier worked in the 

Chief Minister’s Office during Modi’s 

initial tenure in 2001. 32 

V. National Security Laws 

Gujarat extensively invoked the 

Prevention of Terrorist Activities Act, 

2002. Prior to the repeal of POTA, the 

Gujarat Assembly passed the Gujarat 

Control of Organised Crime (GUJCOC) 

Act and referred to President A.P.J. 

Abdul Kalam. 33 

The Anti-Terrorist Squad (ATS), set up 

to counter terrorist and anti-national 

activities, did not reportedly book a single 

case under the POTA. All the arrests were 

made by Crime Branch and ordinary police. 

Of the 305 persons arrested under POTA, 

only seven were Hindus and the rest were 

Muslims. 35 

On the night of 22 November 2004, 

Crime Branch of Ahmedabad reportedly 

arrested senior lawyer H N Jhala of the 

Gujarat High Court and his junior Mustaq 

Saiyed under POTA for their alleged 

70 

involvement in the ISI conspiracy case. The 

police reportedly recovered two pistols from 

Saiyed. The police claimed that the two 

lawyers were involved in the conspiracy that 

was planned to avenge the post-Godhra 

communal violence of 2002. 36 

VI. Atrocities against the Dalits 

Oppression of the Dalits continueds 

unabated in Gujarat. Stigmatization and 

social boycott of the Dalits are common. 

On 7 March 2004, 32-year-old Ishwar 

Patni in Ruppur in Mehsana district was 

allegedly beaten when he went to the 

center of the village to start water supply. 

Dahiyabhai Nai, another Dalit also met 

with the same fate when he raised voice 

against the social boycott of Dalits by 

high-castes. Dalit women reportedly had 

to bring grocery, vegetables and milk from 

a place 2 km away from their village, as 

they could not buy anything from the 

village grocers following the social 

boycott. Many of the Dalit women 

working as housemaids in high caste 

families were sacked. The social boycott 

against the Dalits reportedly began 

following their refusal to part with the 

cremation ground, which they had been 

using for several years before it was 

handed over to private trust for 

construction of a private school. 37 

Dalits, irrespective of their posts or 

positions, faced stigma and the same set of 

problems ranging from temple entry to 

drawing water from village wells. A lot of 

high-ranking Dalit officials and politicians 

reportedly continued to face


discrimination in the society despite 

enjoying a high status in the government. 

Rajan Priyadarshi, a 1980 batch IPS 

officer, does not have a free and dignified 

life in his caste-conscious native Kadagra 

village in Dehgam taluka in Gandhinagar 

district, where till 2003 even the village 

barber reportedly did not entertain Dalit 

customers. It was reported that he could 

not buy a house in the locality inhabited by 

higher castes of the village and continued 

to have a house in the ‘Dalit vaas’. 38 

Another Dalit, Jayantilal Parmar, 

chairman of the Ahmedabad Municipal 

Corporation’s standing committee, too 

continued to have a house in the ‘Dalit 

vaas’ of the Kukarwada in Vijapur taluka 

in Mehsana district. He told reporters, 

“Even if I want nobody would sell me a 

house in the upper caste locality. The 

social structure is such even today.” 39 

PK Valera, an IAS officer who retired 

as commissioner (Fisheries) a few years 

back, also reportedly faced similar 

discrimination because of his Dalit 

background. When Valera organised a 

social gathering in his native Borisana 

village near Kalol in 1997, the person 

whom he had given the cooking contract 

refused to clean up the utensils saying that 

they would not wash utensils at a Dalit’s 

place. Valera also worked as a director of 

social welfare department in the state. He 

told reporters that even today there are 

people who do not accept a cup of tea at 

his home in his village. 40 

Kanti Makwana, a retired DSP, was 

reportedly not allowed to take out the 

marriage procession of his son by the 

upper caste villagers in Govana village in 

Harij taluka in Patan district in 2003. 41 

VII. Atrocities against the 

Adivasis 

Despite failure to rehabilitate all the 

dam oustees in Maharashtra and Madhya 

Pradesh, on 13 March 2004, Gujarat 

government cleared raising of an 

additional 10 metres for the Sardar Sarovar 

dam. The Supreme Court order of 2000 

had clearly stated that permission to raise 

the height can only be given after all three 

states furnish Action Taken Reports 

(ATRs) showing that every affected person 

by the additional submergence has been 

resettled. The Maharashtra government 

refused to file the ATR saying it would 

only do so when all families were 

rehabilitated. Yet the height was raised. 42 

Although the Narmada Control 

Authority’s website showed `zero 

families’ for rehabilitation, according to 

Narmada Bachao Andolan, 11,000 

families remained to be resettled at the 

height of the dam at 110 metres in 

violation of the Narmada Tribunal Award 

and the Supreme Court order of 2000. 43 

In addition, the conditions of 15,812 

Tadvi tribals living in the six villages near 

the Narmada dam remain precarious as 

promises of rehabilitation and 

development reportedly given by Pt. 

Jawaharlal Nehru while laying down the 

foundation stone of the Narmada dam in 

1961 have not been kept. They were not 

considered “project-affected”. 44 

■ 

71


72

Chapter8 

Haryana 

I. Overview 

Ruled by Indian National Lok Dal, Haryana faces no internal 

armed conflict. However, atrocities perpetrated by Haryana 

Police reflect the ills of law enforcement in the country. In 

2004, arbitrary deprivation of the right to life, torture and other 

harassment by police were common. But, the State government 

failed to establish a State Human Rights Commission. This is despite 

the fact that in February 2004, the Punjab and Haryana High Court 

issued a notice on the establishment of a State Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Haryana 

Commission. 1 

In a State where the imbalance of sex 

ratio is 861 females for every 1000 males, 2 

buying of brides - the victims of 

trafficking, is a common practice. 

Panchayats across Haryana have been 

acting as extra-constitutional authorities to 

declare marriages of different gotras 

(clans) invalid with virtual impunity. 

While judicial interventions in a few cases 

provided relief to the victims, no action 

has been taken against such village council 

members. 

The National Commission for 

Scheduled Castes and Scheduled Tribes 

ranked Haryana as number two in 2003 for 

atrocities against the Dalits. There has 

been little improvement of the situations 

of the Dalits. 

The State government of Haryana has 

taken little measures to rehabilitate the 

persons who were displaced by industrial 

projects in Panipat district. 



The National Human Rights 

Commission had registered 29 custodial 

deaths in 1999-2000, 24 in 2000-2001, 39 

in 2001-2002 and 47 in 2002-2003 in 

Haryana. 3 

In 2004, there were many reports of 

arbitrary deprivation of the right to life by 

Haryana Police. 


Kailash was taken into custody by the 

Criminal Investigation Agency (CIA) 

personnel on suspicion of possessing 

74 

charas, marijuana, and died in the police 

custody in Jind town. He was allegedly 

tortured till he became unconscious and 

was dumped nearby his residence. He was 

taken to the General Hospital of Jind 

where the doctors declared him dead. The 

police reportedly registered a case under 

Section 302 of Indian Penal Code against 

Assistant Sub-Inspector, Mr Heera Lal, 

Head constable, Mr Jaipal and four other 

police officials. 4 

On the intervening night of 12 and 13 

June 2004, Sheo Chand, a resident of 

village Dulet was killed in the custody of 

the Bhuna police station in Fatehabad 

district. He was earlier handed over to the 

police after being tied with a rope by one 

Pawan and his father Satish. He was also 

beaten up following an altercation with the 

two after buying and consuming liquor 

from their shop. The shop allegedly did 

not have a licence but liquor was sold in 

connivance with the local police. The 

police took him to Bhuna Police Station 

and later moved him to the Community 

Health Centre at Bhuna at about 2 a.m. in 

the night in a serious condition. At 3 am, 

he died. On 13 June 2004, the police 

arrested the two shopkeepers who were 

remanded to judicial custody in Hisar jail 

for 14 days. A post-mortem of the body of 

the victim was reportedly conducted on 13 

June 2004. On 14 June 2004, the Judicial 

Magistrate, Ms Ritu Y. K. Bahl remanded 

Sub-Inspector Umed Singh, who was also 

the Station House Officer (SHO) of Bhuna 

police station to 14-day judicial custody. 5 

In early July 2004, two policemen,


Havildar Dalip Singh and Assistant Sub- 

Inspector Mahabir of Loharu police station 

arrested a Dalit, Hari Singh, and allegedly 

tortured him to death inside the police 

station. His dead body was recovered from 

a deserted well on 10 July 2004 with 

multiple marks of torture. A medical 

board, which performed a post-mortem 

examination, had reported that he died due 

to severe beating. The police however 

refused to register a murder case. 6 


Torture is an integral part of law 

enforcement in Haryana. Police resort to 

torture to extract confessions or 

information, for extortion or simply to 

settle personal enmity. 

In early January 2004, a 20-year-old 

mentally ill destitute woman was allegedly 

beaten up by the police in the Palwal 

police station in Faridabad district. The 

activists of the Shakti Vahini, an NGO, 

rescued the destitute woman hailing from 

Madhya Pradesh. When the NGO activists 

handed over the women to the police for 

sending her to the Nari Niketan, the police 

started beating her in front of them without 

any reason. 7 

In September 2004, Head Constable 

Rajender Singh Saini was arrested for 

torturing Manish Kumar of Uttam Nagar, 

Rewari district on 24 March 2003. Manish 

Kumar was arrested for an alleged 

abduction of a teenaged girl. He was 

allegedly tortured by Head Constable 

Rajender Singh Saini, Assistant Sub- 

Inspector, Zile Singh and a few other 

policemen during detention. A medical 

report of the PGIMS, Rohtak confirmed 

that the victim had been grievously hurt 

during the “inhuman treatment”. The 

Punjab and Haryana High Court issued a 

directive ordering IG (Crime Branch), 

Haryana, to conduct a fresh investigation 

into the matter, following which Rajender 

Singh Saini was arrested. 8 

On 20 May 2004, Bhagwan Singh of 

Joshi village and his 20-year-old son 

Pawan Kumar were arrested by Assistant 

Sub-Inspector Mohindra Singh. They were 

allegedly tortured inhumanly during their 

illegal captivity in Matloda police station 

in Panipat district by Station House 

Officer Baali Singh, Assistant Sub- 

Inspector Mohindra Singh and four other 

Criminal Investigation Agency (CIA) 

staff. After torture, Bhagwan Singh was 

released on 21 May 2004 but his son was 

kept in illegal captivity. The SHO Baali 

Singh and ASI Mohindra Singh allegedly 

demanded a bribe of Rs 20,000 for the 

release of his son. Pawan Kumar was 

taken to CIA staff near Panipat Devi 

Temple on 25 May 2004 where four police 

personnel allegedly did not spare even his 

private parts during torture. The NHRC 

directed to take actions against the guilty 

cops. 9 

On 14 May 2004, Rakesh, an army 

personnel from 65 Engineering Unit 

(Army) at Roorkee allegedly raped a 

woman in Sargathal village under Gohana 

Sadar police station of Sonepat district. He 

was arrested in July 2004. 10 

On 25 September 2004, a youth 

75


named Tarun of Jamalpur Mohalla was 

allegedly beaten up by the police in the 

Civil Lines police station in Sonepat 

because of a personal enmity with a 

policeman. He was picked up from the 

Ashok Nagar bazaar and taken to the Civil 

Lines police station where he was beaten 

up mercilessly without any crime. 11 

III. Female infanticide and 

trafficking 

The imbalance in sex ratio because of 

female infanticide has been having 

disastrous effects and a cause of major 

crimes. The sex ratio in Haryana is 861 

females for every 1000 males. To meet the 

demands of marriage, women from Bihar 

and Jharkhand are trafficked and bought or 

sold as “brides” in many parts of Haryana. 

They are abused and often pushed into the 

flesh trade. 12 

Police sources reported in December 

2003 that at least 5,000 girls from Assam 

and West Bengal were “purchased” and 

confined in various households in 

Haryana’s Mewat region consisting of 

Faridabad, Gurgaon and Rewari. 13 

However, due to lack of awareness and 

unwillingness of authorities to coordinate, 

strengthen inter-state links, lack of proper 

collection of information and inefficient 

handling of cases, little action was taken to 

combat trafficking. 

On the night of 26 January 2004, one 

Sandhya (name changed) reportedly 

lodged a complaint with the Chandni 

Chowk police station in New Delhi 

alleging that a woman from the Old Delhi 

76 

Railway station abducted her in July 2003 

and sold her to one Wazir at Sivan village 

in Karnal district. An agriculturist of Ror 

community, Wazir reportedly bought her 

for Rs 35,000 as a bride for his unmarried 

nephew, Joginder. Before she was sold 

Sandhya was reportedly kept in Sivan 

village for over a month, while her 

abductors tried to strike a deal. She was 

rescued by STOP, an NGO, with the help 

of the Gurgaon police after she had written 

a letter to her family giving details of her 

whereabouts. 14 

On 29 December 2003, a 15-year-old 

dalit girl, who was living with her cousin 

at Hardwar in Uttaranchal, was reportedly 

brought to Ambala by a woman, a native 

of Ambala, and allegedly sold her to one 

Satish and his brothers in Hassanpur 

village, near Karnal on 31 December 2003 

without the knowledge of the girl. It was 

only when the village women commented 

at her saying “Bahu to suthri sai” (bride is 

beautiful) that she came to realise that she 

had been married. She was repeatedly 

raped by relatives of Satish till evening of 

13 January 2004 when she managed to 

escape from Satish’s house at Hassanpur 

and reported the matter to the police 

station at Madhuban. A medical 

examination reportedly confirmed the 

rape. On 14 January 2004, the police 

arrested Satish. 15 

In July 2004, a minor girl from Assam, 

identified as Padmavati, daughter of one 

Sahil, alias Raghu, a resident of Tongla 

village in the Kamrup district of Assam 

was rescued by NGO, Shakti Vahini. She


was kept in captivity near sector-6 of 

Faridabad. She was brought along with 

five other girls on pretext of providing 

employment by a woman from Ranchi 

where she had gone to attend a family 

function. 16 

IV. Gotra injustice 

While buying of brides is a common 

practice in many parts of Haryana, the 

village councils have been perpetrating 

atrocities in the name of gotra. 

On 11 October 2004, Rampal and 

Sonia of Assanda village in Jhajjar district 

who have been married for two years were 

issued order to dissolve their marriage by 

the Assanda village Panchayat and declare 

themselves brother and sister as they 

belonged to the same `gotra’ (caste). 17 The 

panchayat had even decided that Sonia, 

who is pregnant with Rampal’s child, 

would have to abort her child as it was 

“illegitimate”. The NHRC intervened in the 

matter. 18 On 28 October 2004, the village 

Panchayat decided to validate Sonia’s 

marriage to Rampal and accept her back in 

the village after Sonia’s father swore that he 

belonged to the Hooda gotra. 19 

In October 2004, Jakholi village 

Panchayat reportedly directed the breakup 

of proposed marriage of Satyajeet 

Kadiyan, son of Dr. Randhir Singh of 

Jakholi in Kaithal district, with Pinki, 

daughter of Pratap Singh Lohan of Ramra 

Bhain in Jind. The caste Panchayat held 

that no Lohan girl could be married into a 

village where some Lohan families are 

settled. The Panchayat also announced 

social boycott of Lohan families of Jakholi 

village and imposed a fine of Rs 5,000 on 

anyone found to be keeping relationship 

with these families. The social boycott hit 

the Lohan’s livelihood. Nobody would buy 

from their shops nor shopkeepers from 

other communities were ready to sell 

goods to them. Even the chemists refused 

to sell them medicines. Labourers refused 

to harvest their crops fearing action by the 

panchayat. 20 

On 7 December 2004, Supreme Court 

directed the Haryana Police to provide 

adequate protection to Hari Om from a 

lower caste of Badshahpur village and 

Manju belonging to an upper caste from 

Gurgaon. They belong to different castes 

and got married in a temple at 

Muzaffarnagar in Uttar Pradesh on 21 July 

2004. However, the village Panchayat 

declared their marriage illegal. Both of 

them had left their homes as they were 

sure that their parents and village 

panchayat would not approve of their 

marriage. Manju’s parents filed a case of 

abduction against Hari Om and the police 

brought the girl back and restored to her 

parents. Her parents forced her into second 

marriage on 18 August 2004. But she fled 

the house of her second husband and 

returned to Hari Om at Muzaffarnagar. 

Meanwhile, the village panchayats at 

Badshahpur (Gurgaon) and Ladhpur 

(Jhajjar) refused to recognize the marriage 

and ordered that the girl should be 

produced before them and sent back to her 

second husband Pradeep of Ladhpur. 

Feeling threatened by the diktats of 

77


panchayats, Manju and Hari Om moved 

the Supreme Court. 21 

On 14 December 2004, Chander 

Singh Mann’s son Birpal of Hadodi village 

under Badhra subdivision of Bhiwani 

district married the daughter of Chhatar 

Singh Bhambhu of Basdi village despite 

objections from villagers, as the bride was 

allegedly the maternal niece of Sheoran 

gotra. A panchayat was convened late on 

the night where former Sarpanch Jawahar 

Singh, who presided over the Panchayat, 

authorized a 21-member committee to 

decide about on the matter. The committee 

recommended social boycott and 

expulsion of the family of Chander Singh. 

The Panchayat directed the couple to break 

up by 20 December 2004. Following the 

defiance, the village Panchayat ordered 

social boycott and expulsion of the Maan 

family from the village. The Panchayat 

further warned that anybody ploughing the 

fields of Chander Singh Maan or cooperating 

with his family in any way 

would invite rigorous punishment. 22 

V. Atrocities against the Dalits 

The Dalits face many atrocities 

ranging from lynching to murder, sexual 

assault on women, public humiliation, 

stripping, shaving off of the head etc. 23 

On the night of 9 July 2004, about 12 

persons barged into the house of a Dalit at 

Nahri village, Sonepat and allegedly 

manhandled the members of the family 

and raped a minor girl. The girl was taken 

to the civil hospital in Sonepat for medical 

examination. 24 

78 

A Dalit woman accused five members, 

including two women, of the upper caste 

family of Mohinder Singh of Dodhipur 

village of molesting her and using abusive 

language against Dalits on 12 October 

2004. The victim, an Anganwari worker 

stated she had gone to administer polio 

drops to children in that area as part of her 

duty when the incident happened. 

Although she reported the matter to the 

police on that day, the police allegedly 

refused to lodge her complaint. An FIR 

was registered on 3 December 2004 after 

several days of dharna outside the office of 

the Samalkha Deputy Superintendent of 

Police. A case was filed against five 

members of the upper caste family under 

relevant sections of the 1989 Prevention of 

Atrocities against Scheduled Castes and 

Scheduled Tribes Act. But at the same time 

the police also registered a counter-FIR 

allegedly lodged by a woman of Mohinder 

Singh’s family accusing Karan Singh, 

husband of the Dalit woman, of raping her 

on 11 October 2004. No medical 

examination of the alleged rape victim was 

conducted nor a case was registered 

against Karan Singh on that day. These 

were allegedly part of the strategy to reach 

compromise. 25 

Risal Singh Rathee, a disabled Dalit 

employee of the postal department, has 

allegedly been victimised by his 

department. He was able to get the order 

of his pre-mature retirement in February 

2004 reversed and was re-instated in June 

2004. However, the postal department 

officials reportedly stopped his salary for


the intervening period between his 

“retirement” and re-instatement. They 

also delayed his wages for about three 

months after he had joined the duty 

again. 26 


The State government of Haryana has 

taken little measures to rehabilitate the 

persons who were displaced by industrial 

projects in Panipat district. 

Pollution caused by the Tau Devi Lal 

Thermal Power Station in Panipat 

reportedly displaced over 10,000 residents 

of the five villages of Khukhrana, Sutana, 

Jatal, Aasnkala and Asankhurd in the 

vicinity of the plant. The release of the 

huge quantity of fly ash waste by the 

thermal plant has been polluting air, 

groundwater, agricultural land and 

atmosphere. It has resulted in serious 

health hazards like asthma, skin and eye 

diseases. After 20 years of the plant’s 

functioning, hundreds of tonnes of ash 

waste up to 30 feet high have been 

collected in the dumping ground. Many 

villagers have migrated to other places 

without any compensation. The situation 

will further worsen as two more units of 

250 MW capacity each will start 

functioning. 27 

In September 2004, the displaced 

families of Bohli village in Panipat 

district, whose thousands of acres of land 

was acquired by Indian Oil Corporation 

Limited to set up a refinery about a 

decade ago requested the Chief Justice of 

the Punjab and Haryana High Court to 

constitute a committee to look into their 

rehabilitation. Over one-fourth of the 483 

displaced families of Bohli village were 

yet to be rehabilitated in New Bohili 

village, especially carved out for them. 

The basic facilities have not been 

provided to even those families in New 

Bohli. The then Chief Secretary of 

Haryana had reportedly assured the 

displaced persons on 12 November 1992 

that at least one person of each displaced 

family would be provided job in the 

refinery but it has not been implemented. 

The PIL filed before the High Court three 

years ago has been pending 

determination. 28 

■ 

79


80

Chapter9 

Himachal Pradesh 

I. Overview 

Ruled by the Congress Party, Himachal Pradesh’s reservation 

with the State Human Rights Commission continued. On 6 

January 2004, the Himachal Pradesh High Court issued 

notice to the State government on the appointment of a Chairperson 

of the State Human Rights Commission in conformity with the 

provisions of the Human Rights Protection Act of 1993 which 

provides that only a retired Chief Justice of the High Court can be 

appointed as the Chairperson. 1 It was only at the end of 2004 that Mr

INDIA HUMAN RIGHTS REPORT 2005 Himachal Pradesh 

N.C. Jain, a retired Chief Justice of the 

Karnataka High Court was appointed as 

the Chairperson of the Himachal Pradesh 

State Human Rights Commission. 2 

The law enforcement personnel 

continued to use disproportionate force. 

On 11 February 2004, the Himachal 

Pradesh police violently dispersed a 

peaceful demonstration by the Tibetans at 

McLeodganj, Dharmasala. They were 

marching to Delhi to participate in the 

Tibetan Uprising Day celebrated on 10 

March. Police dispersed the march on the 

ground that they had not obtained any 

permission. When Vice-President of the 

Tibetan Youth Congress, Samphel Tenzin 

opposed it, he was reportedly assaulted 

without any provocation. The policeman 

physically dragged nuns, monks and 

elderly marchers. One 81-year-old Dorje 

reportedly received blows on the head and 

other parts of the body. A policeman also 

snatched the camera of ANI cameraman 

Hemant. 3 

The Dalits faced atrocities from 

physical abuse to segregation by the upper 

castes. 

The lack of proper rehabilitation 

negatively impacted the enjoyment of 

human rights by victims who were 

displaced by National Thermal Power 

Corporation in Arki tehsil of Solan and the 

Pongi dam. 

II. Atrocities against the Dalits 

Although on 1 December 2004, four 

upper castes - Baldev Singh, Tej Singh, 

Janti and Chino, all residents of Behi 

82 

Pargna Himgiri village were convicted by 

Special Judge, Chamba, under Sections 

447, 427, 379 and 34 of the Indian Penal 

Code and Section 3(1) of the Scheduled 

Castes and Scheduled Tribes (Prevention 

of Atrocities) Act, 1989, the Dalits 

continue to face atrocities. 4 The four were 

sentenced for destroying the house of Ms 

Ramdei, wife of Rasalu of Behi Pargna 

Himgiri village, belonging to ‘Chamar’ 

community, one of the Dalit groups. The 

government of Himachal Pradesh had 

allotted two bighas of land in Behi village. 

But the accused objected to the allotment 

stating that they would not allow a 

‘Chamar’ to reside near their house and 

demolished Ramdei’s house. 5 

On the night of 27 March 2004, two 

members of a Dalit family, Kapoor Singh 

and his son Shalig Ram, were allegedly 

beaten to death by a mob in a suspected 

case of caste rivalry at Motipur village in 

Sirmaur district. Around midnight, armed 

persons reportedly dragged them out of 

their house and beaten them to death. 6 

On 20 April 2004, one Mast Ram, a 

Dalit resident of Nagta village in Kangra 

district, was allegedly beaten by four 

youth belonging to upper caste of the same 

village while he was returning home. He 

was also threatened with dire 

consequences if he disclosed their identity 

to the police. For five days the victim did 

not reveal the names of the culprits and 

continued to get treatment from a private 

clinic. Later, when his condition 

deteriorated he related the incident to one 

of his relatives, who immediately shifted


him to the Civil Hospital, Palampur. 

Doctors referred him to the Zonal 

Hospital, Dharmshala, where he was 

declared brought dead. The Baijnath 

police reportedly arrested all the four 

accused. 7 

On 10 September 2004, a Dalit 

woman, Sudesh Kumari, was allegedly 

assaulted by some upper caste people, who 

also dismantled an extension of a temple 

the victim had constructed on her own land 

at Bali village. The victim alleged that the 

Kotla police refused to lodge her 

complaint, and instead asked her to go to 

Shahpur police station for the same. She 

approached the Kangra district Deputy 

Commissioner for appropriate action. 8 

On 18 September 2004, three Dalit 

boys - Vijay, Monu and Vipan - all 

students of class fifth in a boys’ primary 

school in Nadaun in Hamirpur district 

were allegedly made to sit separately from 

other students by their teachers when they 

were being served mid-day meal in the 

school. 9 

Dhian Chand, a Dalit youth of the 

Anoo area of Hamirpur district, accused 

the Hamirpur police of torturing him and 

trying to assault him sexually in the 

police station on the night of 22 

December 2004. Dhian Chand, a former 

state-level hockey player, was stopped by 

two police personnel near the Sabji 

mandi and took him to the police station. 

There he was allegedly beaten up and his 

clothes were also torn. 10 Dhian Chand 

was taken to hospital and examined. 11 

The Station House Officer of Hamirpur, 

Mr Ramesh Chand Rana dismissed the 

complaint as baseless and untrue. He 

however, reportedly admitted to have 

slapped Dhian Chand on the cheek 

once. 12 

III. Internally Displaced Persons 

The Himachal Pradesh government 

failed to take effective measures to 

rehabilitate the persons displaced by 

development projects. 

About 70 families from the Mangal 

area of Solan district were reportedly 

rendered landless after they surrendered 

their land for the National Thermal Power 

Corporation in Arki tehsil of Solan district. 

These displaced families have been given 

initial relief ranging from Rs 15,000 to Rs 

60,000. But the State government could 

not rehabilitate them due to unavailability 

of suitable land. In 2002, the state 

government had formed a sub-divisional 

level committee headed by the Solan 

district Deputy Commissioner to speed up 

rehabilitation work. While their land 

acquisition value is yet to be ascertained 

the committee has reportedly been facing 

with an uphill task of finding suitable land 

for rehabilitating these families. A piece of 

land measuring 30 bighas was selected for 

their rehabilitation. The land fell in 

Hawani Kol, Padiyaar and Barel villages, 

but certain irritants arose regarding 

construction of seven-km road. Besides, 

with the provisions of the Forest 

Conservation Act, 1980 prohibiting 

diversion of any forest land for a nonforestry 

purpose, permission of the Central 

83


government have not been sought. 13 It is 

clear that the State government had made 

no arrangement for the displaced persons. 

On 28 January 2004, the Supreme 

Court reportedly ordered the transfer of the 

Pong Dam oustees’ case to the Himachal 

Pradesh High Court for mitigating the 

rehabilitation problems of 16,352 families 

who were uprooted over three decades 

ago. The order for the transfer of the case 

to High Court was made given the fact that 

a majority of the affected families were 

staying back in the state instead of moving 

to the Indira Gandhi Canal area in 

84 

Rajasthan, where they were to be 

rehabilitated. Two oustees’ organisations - 

the Pradesh Pong Bandh Visthapit Samiti 

and the Himachal Pong Dam Oustees 

Welfare Committee - in a joint petition 

before the Supreme Court alleged that out 

of the 16,352 eligible families, land had 

been allotted to only 2,538 families in the 

Indira Gandhi canal area of Rajasthan 

while allotments of 6,658 other families 

had been cancelled. Many of the families 

had not even been issued relief eligibility 

certificates by the Himachal Pradesh 

Government. 14 

■

Chapter10 

Jammu and Kashmir 

I. Overview 

Ruled by the Peoples Democratic Party (PDP) and Congress 

alliance, Jammu and Kashmir reportedly witnessed nearly 

one-fourth decrease in insurgency related violence in 2004 in 

comparison to 2003. There were 2,565 militancy-related incidents in 

2004 as against 3,401 incidents in 2003. Similarly, the number of 

civilian killings has also come down from 836 in 2003 to 733 in 

2004. 1

INDIA HUMAN RIGHTS REPORT 2005 Jammu and Kashmir 

The Central government and the All 

Party Hurriyat Conference held 

inconclusive parleys. However, human 

rights violations both by the security 

forces and the armed opposition groups 

(AOGs) continued to be extensively 

reported from Jammu and Kashmir. 

The security forces were responsible 

for arbitrary deprivation of life. Since its 

coming to power two years ago Mufti 

Mohammed Sayeed government has 

reportedly ordered as many as 54 inquiries 

into alleged extra-judicial killings and 

other human rights violations. 2 These 

included the killing of 17-year-old 

Rizwam-ul-Haq and Muzaffar Ahmed 

Ganai of Pulwama district on 10 

September 2004. 3 

There were also reports of enforced or 

involuntary disappearances. Although on 

22 January 2004, then Home Minister, L.K 

Advani reportedly ordered an inquiry into 

disappearances of at least 18 persons at the 

request of the Hurriyat Conference, 4 over 

6,000 reported cases of disappearance 

remain unresolved. 5 

Arbitrary arrest and detention of 

political activists is commonplace. 

Torture is not confined in Kashmir 

alone. On 12 February 2004, an elderly 

transporter, Manohar Lal Gandotra was 

allegedly tortured to death at Pacca Danga 

police station in Jammu district after being 

picked up by police team headed by 

Inspector Vijay Paul Singh. 6 

The armed opposition groups like 

Save Kashmir Movement, Harket-i-Jehad 

Islami, Tehreek-Jehadi Islami, Laskar-e- 

86 

Toiba, Hizbul-Mujahideen etc have been 

responsible for blatant violations of 

international humanitarian law standards 

by resorting to medieval forms of torture, 

kidnapping and hostage taking. After the 

announcement of the Lok Sabha polls in 

Jammu and Kashmir along with the rest 

of the country on 1 March 2004, armed 

opposition groups stepped up attacks to 

derail the electoral processes. As many as 

242 persons including 69 civilians, 138 

armed opposition group members and 35 

security personnel were reportedly killed 

in the violence during the parliamentary 

elections. 7 Political activists became the 

special target. In 2004, 62 political 

activists respectively 35 from Peoples 

Democratic Party, five from the Congress 

and 16 activists of the opposition 

National Conference were killed by the 

armed opposition groups. 8 Political 

activists of the over ground Kashmiri 

separatist political parties also became 

specific targets. 

Women in Jammu and Kashmir 

remained extremely vulnerable. They have 

been specific target of violence by both the 

security forces and the armed opposition 

groups. Although the army authorities 

initiated appropriate action against Major 

Hussain Rehman for outraging the 

modesty of the wife and 10-year-old 

daughter of one Abdul Rasheed Dar in 

Bader Payeen-I under Handwara tehsil in 

Kupwara district, 9 most complaints of 

violence against women including rape 

went unpunished. 

Women became victims of torture,


stabbing and rape by the armed opposition 

groups. The AOGs also chopped off the 

ears, noses and tongues of women. In 4 

July 2004, alleged members of the Harkatul-Mujahideen 

kidnapped Mariam Begum 

from her house in Manoh village in Doda 

district, raped her and then chopped off her 

ears, nose and tongue10 in retaliation for 

the surrender of her brother, Abdul Latif, 

an armed cadre of the Harkat-ul- 

Mujahideen. 

Prison conditions were deplorable. 

Hundreds of detenues and undertrials have 

reportedly been languishing in different 

jails because of the delay in their trials due 

to unavailability of escorts. A number of 

them have allegedly turned insane due to 

prolonged incarceration. 11 Over 500 

persons were reportedly detained under 

the Public Safety Act (PSA) at the 

beginning of 2004 despite the release of 

326 PSA detenues by the government 

since the PDP came to power. 12 About 

eighty two persons were also detained 

under the POTA at the beginning of 2004. 13 

While the plight of 2.5 lakhs displaced 

Kashmiri pandits received necessary 

attention14 and the Central government 

reportedly agreed in principle to release Rs 

150 crore to set up the two room sets for 

them, 15 the conditions of the 60,000 

displaced persons from border areas 

remained deplorable. 16 The State 

government had taken a few measures to 

resettle them. Chairman of Border Migrant 

Action Committee, Chajju Ram of Nikkian 

village in Khour block of tehsil Akhnoor in 

Jammu district died on 2 March 2004 after 

being beaten up on 27 February 2004 at Kot 

Ghari while protesting against the lack of 

their rehabilitation. 17 

A survey conducted by the Tribal 

Research and Cultural Foundation, a NGO 

revealed that 67 per cent Gujjars and 

Bakerwals tribes were not in a position to 

manage two time meals, proper shelter and 

fodder for their livestock. The houses 

erected by Gujjars for themselves were 

unhygienic and without proper light and 

ventilation facilities, resulting in more 

than 43 per cent Gujjar women, 23 per 

cent Gujjar males and a sizeable 

percentage of children suffering from T.B, 

asthma, bronchitis and other diseases. The 

survey further revealed that 71 per cent of 

Gujjars were not aware of schemes offered 

by the State and Central governments for 

their uplift and betterment. 18 


i. Disappearances 

With 6,000 alleged pending cases, 

enforced disappearances continued to be a 

key human rights crisis in Jammu and 

Kashmir. 19 The Association of Parents of 

Disappeared Persons (APDP) alleged that 

121 persons have disappeared in Kashmir 

since the PDP-Congress government came 

into power in November 2002. 20 The 

Jammu and Kashmir Human Rights 

Commission reportedly received 27 

complaints of disappearances in 2003 

alone. 21 On 22 January 2004, then Union 

Home Minister, L.K Advani reportedly 

ordered an inquiry into disappearances of 

87


at least 18 persons at the request of the 

Hurriyat Conference. 22 In August 2004, the 

Jammu and Kashmir High Court directed 

the police to register a case into the 

enforced custodial disappearance of 

Muhammad Maqbool Bhat and Naseer 

Ahmad Dar who were allegedly arrested 

by the Central Reserve Police Force from 

Batamaloo 14 years ago. 23 

In February 2004, many villagers 

were reportedly taken as labourers by the 

security forces to work on the fencing of 

LoC in Karnah sector. However, Ghulam 

Mohamad Bhat and Ali Mohamad Bhat, 

both sons of Abdul Khaliq Bhat, residents 

of Reshi village in Chowkibal and Sirajud-Din 

of Filimarg village in Kupwara 

district did not return. The security forces 

also did not offer any explanation for their 

apparent disappearances. 24 

On 4 May 2004, demonstrations were 

held to protest the alleged disappearance 

of a 32-year-old Mohammad Shaban, son 

of Wali Mohammad of Haripora Village in 

Handwara town in Baramulla district after 

some persons in civvies allegedly picked 

him up a few days earlier. He was 

reportedly taken in a vehicle bearing 

registration number JK-01F 9686. 25 

At about 11.30 pm on the night of 16 

June 2004, Mohammad Latief Michal, a 

resident of Hardushiva-Sopore allegedly 

disappeared after being taken into custody 

by security forces. 26 

ii. Arbitrary, summary and extrajudicial 

executions 

The central security forces, Jammu 

88 

and Kashmir para-limitary forces like the 

Special Task Force (STF) and Special 

Operation Groups and vigilante group, 

Ikhwanis, continued to be responsible for 

arbitrary deprivation of the right to life. 

The security forces also reportedly used 

civilians as “human shields” during 

cordon and search and other counter 

insurgency operations. The villagers were 

reportedly forced to go ahead as “Road 

Opening Party” for clearing the mines and 

other explosives without any equipment 

and help from the army. Those who die in 

cross fires were allegedly labeled as 

“militants”. 27 Strangely, National Human 

Rights Commission did not register a 

single case of custodial death in 1999- 

2000 and 2001-2002. It registered only 1 

case of death in judicial custody in 2000- 

2001. NHRC also did not register a single 

case of custodial death either in police, 

judicial or armed forces’ custody in 2002- 

2003. 28 

In December 2004, the Delhi High 

Court in a writ petition for protection of 

life by constable Subash Rathod of the 

42nd Battalion of the Border Security 

Force posted at Jammu and Kashmir 

sought explanations from the government. 

Constable Rathod alleged that his unit 

Commandant Narender Singh had been 

harassing him for disclosing the 

extrajudicial execution of a Kashmiri 

youth by Singh in a fake encounter on the 

intervening night of 7 and 8 September 

2003 in Nakbal sector of Budgam district. 

Mr Singh allegedly attempted to kill the 

petitioner in a bunker in February 2004. 29


Since its coming to power two years 

ago the PDP-Congress coalition 

Government led by Mufti Mohammed 

Sayeed ordered as many as 54 inquiries to 

probe extra-judicial killings and other 

human rights violations. Only 1 probe was 

concluded by 2004. 30 

On the night of 10 January 2004, the 

personnel of the 54 Rahstriya Rifles 

reportedly shot dead a tea-stall owner 

Abdul Gafar, resident of Suwari near 

Rashtriya Rifles Brigade Head Quarter 

Kotranka in Budhal area of district 

Rajouri. The security personnel allegedly 

opened heavy firing after they heard a big 

bang caused by closing of the bathroom 

door by the deceased. 31 

On 11 March 2004, a 16-year-old boy 

Javid Ahmad Dar was allegedly shot death 

by the Rashtriya Rifles troops at Payer- 

Jageer village in Pulwama district allegedly 

without any provocation. 32 

On 15 May 2004, security forces 

allegedly shot dead an innocent teenaged 

boy Firdous Ahmad Lone at Ganawpora 

village in Sophian area. Lone was 

reportedly playing cricket along with some 

other youths. When they saw the security 

forces, they ran. The security personnel 

opened fire on them, killing Firdous on the 

spot. 33 

On the night of 9 June 2004, a night 

patrolling party of security forces opened 

fire on two farmers-Ghulam Mohammad 

Mir and Fayaz Ahmad while the two were 

watering their field in the village in 

Pulwama district. While Mir died on the 

spot, Fayaz was seriously injured. 34 

On 5 July 2004, two youth from Kota 

village in Damhal Hanjipora in Qazigund 

in Anantnag district, Ghulam Mohammad 

Naikoo and Abdul Rasheed, who were 

working as labourers in Srinagar, had 

reportedly gone missing. The villagers 

came to know that the two have been 

killed and buried at a local graveyard at 

Lamad village in Qazigund. Upon 

exhumation at the direction of the 

Anantnag district administration on 27 

July 2004, the two corpses were identified 

to be of the two missing labourers. While 

the locals said the deceased were innocent, 

the army claimed the two were members 

of armed opposition groups and were 

killed in an encounter. 35 

The Jammu and Kashmir Police 

registered a murder case against the army 

personnel for the killing of 17-year-old 

Rizwam-ul-Haq and Muzaffar Ahmed 

Ganai of Pulwama district on 10 

September 2004. The State government 

also ordered a probe into the killing. 36 

On 22 September 2004, the army 

personnel reportedly arrested one 

Mohammed Yousuf Khan of Karnah in 

Kupwara district. Four days later his body 

was handed over to the Karnah police on 

26 September 2004. Thousands of people 

reportedly staged demonstrations 

demanding probe into the killing. 37 

On 15 December 2004, Border 

Security Forces at Hathi Shah bridge in 

Jamia Qadeem area of Sopore in 

Baramullah district reportedly shot dead 

three youth. The BSF claimed that they 

were members of the armed opposition 

89


group and were on a suicide mission upon 

the BSF camp. However, one of the 

deceased, Fayaz Ahmad Peer was found 

out to be a medical assistant of Sub 

District Hospital, Naw Hamam-Sopore. 

Fayaz, a resident of Machipora-Sopore 

was reportedly heading towards the Block 

Medical Office, Sopore to collect his 

salary when the security forces opened fire 

on him. 38 

The security forces also reportedly 

used civilians as human shield and to clear 

mines with bare hands. On 6 February 

2004, Mohammad Yaqoob, Mohammad 

Aslam, Farooq Ahmed, Sakhi Mohammad 

and Ghulam Jeelani- all residents of 

Bandipore town in Baramullah district 

who were taken as porter were allegedly 

used as “human shields” by the Jammu & 

Kashmir Rifles. On 8 February 2004, 

thousands of people demonstrated against 

their killings as “human shields”. 39 In the 

evening of 12 December 2004, Abdul 

Qadir Waza, a resident of Wussan-Pattan 

in Baramulla district was critically 

wounded after the Rashtriya Rifles 

personnel allegedly forced him to check an 

Improvised Explosives Devise (IED) 

planted by the AOGs. 40 

The vigilante group, known as 

Ikhwanis, were also responsible for 

extrajudicial executions. One Abdul 

Rashid Bhat, a resident of Narbal area, 

Srinagar was allegedly picked up by a joint 

team of SOG and some Ikhwanis on the 

night of 16 February 2004 and later killed 

in custody. 41 On 17 February 2004, people 

of Narbal area in Srinagar district held 

90 

demonstrations against the killing of Bhat 

by the Ikhwanis. 42 

The Jammu and Kashmir State Police 

have also been responsible for arbitrary 

killings. 

At 8 am 12 February 2004, Immam 

Mohammad Hafiz Pir, Akhtar Hussain and 

Pervez Ahamad residents of village Chapri 

under Doda district had reportedly gone to 

village graveyard for offering prayers. A 

team of Special Task Force came to the 

graveyard and fired upon them without 

any reason. While the local Imam died on 

spot, the other two persons received minor 

bullet injuries. 43 

On 12 February 2004, a police team 

headed by Inspector Vijay Paul Singh, 

SHO Pacca Danga police station in Jammu 

district picked up an elderly transporter of 

the area, Manohar Lal Gandotra. He was 

taken to the Police Station and was 

allegedly tortured to death. The 

postmortem was allegedly done without 

informing the family. The doctors, who 

conducted the autopsy, were also allegedly 

pressurized for providing favourable 

report. The body of the deceased 

reportedly bore injury marks on the head 

and lower abdomen. The police forcibly 

took signatures of the relatives of the 

victim before handing over the dead body 

to them for last rites. 44 

At about 2 am on the intervening night 

of 10 and 11 May 2004, some policemen 

from Utrosoo police station reportedly 

barged into the house of Abdul Rashid 

Khan at Brari Angan in Anantnag district 

posing as Lashkar cadres and demanded


several lakhs rupees as ransom. When 

Khan confronted the imposters, they 

opened fire, killing him and injuring four 

others. People from the neighbourhood 

gathered and apprehended the two 

imposters, who were identified as 

Assistant Sub-Inspector Mohammad 

Yousuf and constable Farooque Ahmad. 

Three of them managed to escape. 45 

The use of disproportionate force 

against the protestors of human rights 

violations also resulted in arbitrary 

deprivation of the right to life. On 26 

February 2004, Mushtaq Ahmad Wani was 

reportedly killed and two others, 

Mohammad Akbar and Suhail Ahmad, 

were wounded when police opened fire at 

the demonstrators at Bandipore town in 

Baramullah district. The villagers were 

reportedly protesting against the torture of 

two villagers Ghula Mohammad Bhat and 

Abdul Ahad by the security forces after 

they refused to accompany them to a forest 

area. 46 

On 29 November 2004, a contingent 

of the Rashtriya Rifles launched a search 

operation in the area of Hushroo village in 

Budgam district early in the morning and 

allegedly picked up a group of local youth 

and subjected them to torture. The 

villagers protested and attempted to break 

the cordon. As the protesters started 

marching towards the Teshil headquarters, 

the troops allegedly opened fire on them 

resulting injuries to three of them. Two of 

them, Farooq Ahmad Wani and Ghulam 

Hassan Mugloo later succumbed to their 

injuries in a local hospital. The army 

claimed that the civilians got killed in 

crossfires. 47 

On 29 November 2004, an elderly 

civilian, Abdul Khalid Sheikh was 

reportedly killed and four other injured 

when troops of the Rashtriya Rifles 

allegedly opened fire on demonstrators 

during a cordon and search operation at 

Hakabara-Hajan in Baramulla district. 48 

On 25 December 2004, BSF jawans 

allegedly shot dead a mentally challenged 

person, Shamshad Ahmad Ganai at 

Sherbagh near Nowdal in the Tral area in 

Pulwama district after he did not stop on 

their order. 49 

iii. Arbitrary arrest, detention and 

torture 

The arrest of political activists has been 

a common practice in Jammu and Kashmir. 

Acting upon information provided by their 

informers, security forces usually conduct 

raids, arrest and detain suspects and torture 

them. Several innocent persons including 

family members are allegedly harassed and 

tortured by security agencies based on the 

false information provided by the informers 

sometimes because of personal enmity. 50 

On the night of 14 January 2004, SOG 

personnel posted at Keeri Pattan in 

Baramulla district allegedly forced their 

entry into the houses of Mohammad 

Abdullah Mir, Ghulam Mohammad Shah, 

Ghulam Nabi Mir, Abdul Wahab Ahangar 

and Abdul Salam Ahangar and ransacked 

their houses. The security personnel also 

beat up the family members. The State 

Human Rights Commission intervened in 

91


the matter. 51 

On 9 February 2004, several villagers 

including women and elderly persons were 

mercilessly beaten up allegedly by the 

Rashtriya Rifles personnel at Manthori 

village of Doda district in retaliation of the 

attacks by the armed opposition groups. At 

least 8 persons including two women had 

to be admitted in District Hospital of 

Doda. 52 

From 20 to 24 February 2004, the 

army allegedly cordoned off a number of 

villagers in Kulgam area in Anantnag 

district that caused immense hardship to 

the villagers. When the cordon was not 

lifted even on the fourth day on 24 

February 2004, thousands of people from 

different villages reportedly converged on 

roads and shouted slogans. Carrying 

bamboo sticks, the villagers confronted the 

army who opened fire to disperse the 

agitating mob. 54 

On 20 March 2004, the police 

allegedly beat up several members of the 

Association of Parents of Disappeared 

Persons while they were holding a 

peaceful demonstration in Srinagar. Parvez 

Imroz, Parveena Ahangar and 10 others 

were arrested. The policemen mercilessly 

beaten up the demonstrators and dragged 

them before taking them into custody. 

Parveena Ahangar reportedly fell 

unconscious after being dragged and 

beaten up. Seventy-year-old woman 

Sayeeda was also beaten and arrested. 

Sixty-five-year old Noor Mohammad Bhat 

of Patlan was hit with lathis and gun butts 

before his arrest. 54 

92 

On 12 May 2004, residents of Ajas, 

Matipora, Bazipora and other adjoining 

areas under Baramullah district alleged 

that they were being forced to work as 

bonded labourers by the 35th Rashtriya 

Rifles camping in the area. They were 

allegedly forced to carry the ammunition 

and ration items of the security forces into 

the forest area, where they were setting up 

another camp. The security personnel 

allegedly snatched the identity cards from 

the residents including the women to force 

them to carry the ammunitions and food 

items. 55 

On 22 August 2004, the Navy officials 

posted at Watlab Ghat in Sopore township 

allegedly picked up five persons- 

Mohammad Subhan Dar, Altaf Dar, 

Ghulam Nabi Dar, Bilal Dar and Hajra 

Begum and beaten them mercilessly. They 

were subsequently released. 56 

On 6 December 2004, a youth was 

reportedly injured in police firing upon the 

demonstrators at Qaimoh-Kulgam in 

Poonch district. They were protesting 

against the atrocities by the security forces 

on people during a three-day operation at 

Bhan-Kulgam. The security personnel 

allegedly beaten up large number of 

people severely. 57 


December 2004, several policemen 

including a Deputy Superintendent and 

photo journalists were injured after army 

personnel beaten them up following a 

dispute over a piece of land in Rehari in 

Jammu district. At around 2 am, army 

personnel reportedly started constructing


boundary wall around the army area and in 

the process they also allegedly tried to 

encroach upon seven Marlas of land 

belonging to an elderly woman, Ayodhya 

Kumari of Bakshi Nagar in Rehari in 

Jammu. The woman tried to stop the army 

men. On getting reports a police party led 

by Deputy Superintendent of Police 

Tanveer Geelani reached the spot. Several 

policemen including the Deputy 

Superintendent Police were beaten up and 

injured. The armymen also beaten up 

several photo journalists who reached the 

spot, snatched and damaged their 

cameras. 58 



The armed opposition groups (AOGs) 

like Save Kashmir Movement, Harket-i- 

Jehad Islami, Tehreek-Jehadi Islami, 

Laskar-e-Toiba, Hizbul-Mujahideen etc 

have been responsible for blatant 


law standards. The AOGs resorted to 

indiscriminate killings, medieval forms of 

torture, kidnapping and hostage taking. 

The victims were civilians, alleged police 

informers, political activists and relatives 

of the surrendered AOGs. 

i. Torture 

In March 2004, members of an 

unidentified armed opposition group 

captured three civilians - Mohammad 

Altaf Bhat (carpet-weaver), Arshid 

Hussain Bhat (painter) and Sabzar Ahmed 

Bhat, a class 12th student at Shamsipora in 

Anantnag district. After severely torturing 

them, they shot Arshid Hussain and Sabzar 

Ahmed in the legs and chopped off both 

the ears of Mohammad Altaf Bhat. 59 

In the evening of 20 April 2004, 

cadres of armed opposition groups 

reportedly abducted two village elders, 

Hajji Amma Kala and Missruddin, from 

Kalwa village in Mahore Tehsil of 

Udhampur district and chopped off their 

ears after severely beating them. They 

were then taken back to Kalwa and 

showed their chopped ears to terrified 

residents, warning they could face a worse 

fate if they participated in the elections to 

the Udhampur Lok Sabha seat on 10 May 

2004. 60 

ii. Arbitrary killings 

The armed opposition groups 

continued to target innocent civilians. On 

9 January 2004, 21 persons were 

wounded, three of them seriously, when 

members of armed opposition groups 

allegedly exploded two grenades in a jampacked 

mosque in the Lakhdata Bazar of 

Jammu town where a large number of 

people were offering their Friday prayers. 61 

On 23 May 2004, seventeen BSF 

personnel and 18 members of their 

families, including six women and three 

children, were killed when the bus, in 

which they were traveling to Jammu from 

Srinagar was blown up at Lower Munda 

on the Jammu-Srinagar highway allegedly 

by the Hizbul-Mujahideen cadres. 62 On 23 

June 2004, a grenade was hurled at 

Bijbehara in Anantnag district that injured 

93


22 persons, which included five women 

and a doctor. 63 At around 3.30 pm 19 July 

2004, at least four persons died and 38 

others injured in an explosion allegedly 

caused by members of an armed 

opposition group at a public meeting at 

Kapran-Dooru in Anantnag district. 64 On 

15 August 2004, some school children 

were injured when members of the armed 

opposition groups allegedly fired a rifle 

grenade to target an Independence Day 

function at government-run higher 

secondary school in Baramulla district. 65 

In 2004, 62 political activists 

belonging to several mainstream parties 

were killed by the AOGs. The ruling 

Peoples Democratic Party was the worst 

affected with the death of 35 party 

workers. 66 On 16 February 2004, armed 

cadres allegedly belonging to Save 

Kashmir Movement gunned down a PDP 

leader Ghulam Mohammad Dar outside 

his house at Hyderpora. 67 On the same day, 

Ali Muhammad Bhat, Block President of 

PDP for Beerwah pocket was killed at his 

house at Aripanthan village in Budgam 

district. 68 On the night of 18 December 

2004, 70-year-old Abdul Gani Wani, an 

activist of the PDP at Singhur village 

under Damhal Hanji Pora in Anantnag 

district was shot dead. 69 

Five Congress Party activists were 

reportedly killed by the armed opposition 

groups. 70 On 29 September 2004, AOGs 

allegedly shot dead Mohammad Yusuf 

Bhat, block secretary of the Congress, and 

his personal security officer at Chini 

Chowk near the shrine of Reshi Mohalla in 

94 

Anantnag district. 71 At around 10 pm on 8 

November 2004, cadres of armed 

opposition group allegedly attacked the 

house of a local Congress leader 

Jalaluddin Sheikh in Wagroo-Chattergul in 

Budgam district and shot him and his 

bodyguard dead. 72 

The opposition National Conference 

lost 16 activists. 73 On 28 April 2004, 

Shaadi Lal and Ghulam Nabi were killed 

and 60 were reportedly injured when the 

armed opposition group attacked an 

election rally of the National Conference 

candidate, Khalid Najeeb Surawardhy at 

Bagwa village in Doda district. 74 At around 

2.45 pm on 21 October 2004, members of 

armed opposition groups gunned down 

senior National Conference leader and 

former minister of state for revenue Safdar 

Ali Beigh at Sarnal in Anantnag district. 75 

The members of the overground 

Kashmiri separatist political parties too 

were attacked by the armed opposition 

groups. In the evening of 29 May 2004, 

Hurriyat Conference leader Mirwaiz Umer 

Farooq’s uncle Maulvi Mushtaq Ahmed 

was allegedly shot by armed cadres 

belonging to Save Kashmir Movement 

while he was praying inside a Srinagar 

mosque. He succumbed to the injuries on 7 

June 2004. 76 At about 9 am on 30 

September 2004, the cadres of the Save 

Kashmir, Harket-i-Jehad Islami and 

Tehreek-Jehadi Islami outfits allegedly 

shot dead Jammu and Kashmir People’s 

Liberation League leader Mohammad 

Rafiq Shah in Chinkral Mohalla of 

Srinagar. 77


The alleged police informers were 

brutally killed often by slaughtering. On 

13 March 2004, one Kaka Piswal of 

Chechi Marg in the Shopian area of 

Pulwama district was allegedly abducted 

and shot dead by armed opposition 

groups’ members suspecting him to be a 

police informer. 78 On 29 April 2004, one 

Mohammad Qasim son of Peer Baksh 

from village Sumber, Ramban in 

Udhampur district was kidnapped and shot 

dead suspecting him to be an informer of 

the security forces. 79 On the night of 23 

May 2004, Talib Hussain son of Roshan 

Ali of Sangate under Gursai police station 

limits in Poonch district was dragged out 

from his house after being accused of a 

police informer and shot dead. His son 

Mohammed Shabir who intervened and 

attempted to free his father was reportedly 

beaten to death. 80 On the night of 12 

August 2004, Fazal Hussain of village 

Mangota in Thannamandi teshil of Rajouri 

district was shot dead after being accused 

of being an informer of security forces. 81 

On 8 September 2004, members of armed 

opposition groups dragged Kalu Din, 

Mishri Gujjar and Ghulam Shah to a 

nearby forest and beheaded accusing them 

of being informers of security forces. 82 On 

the night of 26 December 2004, Alia, son 

of Baba Gujjar of Morshaan Birbalbari in 

Gool in Udhampur district was kidnapped 

and shot dead. 83 

The surrendered armed opposition 

group members and their families became 

specific target of violence. On 20 

February 2004, a released member 

belonging to Hizbul Mujahideen, Abdul 

Rashid Khan from Larnow, Kokernag in 

Srinagar was hanged. His dead body was 

found from an adjoining village. 84 In the 

evening of 16 May 2004, Abdul Ahad 

Naik, 55 of Mahoo Mangat village under 

Banihal tehsil in Doda district was 

dragged out of the house and shot dead 

reportedly to avenge the surrender of his 

son, Mohammed Ayub, a member of the 

Hizbul Mujahideen. 85 On intervening 

night of 16 and 17 August 2004, Roshan 

Lal Din alias Alam Khan was kidnapped 

from his seasonal hut located at Rattan 

area and hanged from a tree reportedly for 

encouraging his son’s surrender before the 

Rashtriya Rifles. 86 On the night of 17 

August 2004, members of the Laskhar-e- 

Toiba reportedly barged into the house of 

Ghulam Hussain at Malan Jablam area of 

Mahore in Udhampur district and opened 

indiscriminate fire, killing him, his sons 

Mohammad Shafi and Zakir Hussain and 

widowed daughter Khursheed Bano. They 

were killed to allegedly avenge the 

surrender before the security forces by 

one of their family members, Mohammad 

Rafiq, who was a LeT cadre. 87 

Family members of the vigilante 

group, Ikhwanis have also been targeted. 

At around 9.30 pm on 15 November 2004, 

a group of AOGs appeared at the house of 

one Abdul Rashid Malik at Kawoosa 

village in Budgam district and opened 

indiscriminate firing killing six persons on 

the spot. Of them, 4 were of a family and 

2 were Ikhwanis. They then went to 

another house, a few hundred metres away, 

95


looking for the wife of a slain Ikhwani and 

killed her too. 88 

In addition to the cases cited earlier in 

the report, the killings of civilians by the 

armed opposition groups have been 

systematic. 

On the night 10 January 2004, heavily 

armed cadres of armed opposition groups 

reportedly barged into the house of Farooq 

Ahmad Mir at Lurgam, Tral in Pulwama 

district. They segregated his children and 

locked them in a room and later shot dead 

both Mir and his wife Zaina. Mir was a 

photographer by profession. 89 

On 5 February 2005, the dead body of 

Ghulam Din, a resident of Dharosh Dessa 

area of Doda district was found at Dharosh 

nallah. A group of armed cadres had 

reportedly kidnapped him on the 

intervening night of 3 and 4 February. 90 

On the night of 21 March 2004, a 

group of armed cadres of the Laskar-e- 

Toiba allegedly entered the house of Fetah 

Mohammad Gujjar in Tanka demanding 

food and shelter. When the family 

members refused, the armed cadres blew 

up the house with a grenade, killing 

Mohammad’s four-year-old son and 

injuring his wife and four children. Fiveyear-old 

Zahida died on the way to 

hospital. 91 

On 7 April 2004, a group of heavily 

armed opposition groups’ members 

reportedly kidnapped one Abdul Wahid of 

Batuga Thathri from Draman Tanta forest 

area of Gool in Udhampur district when he 

went to forest to cut wood. They took him 

to the interior part of forest and shot him 

96 

dead. His bullet-riddled body was 

recovered from the forest area on 8 April 

2004. 92 

In the early morning of 30 June 2004, 

a group of heavily armed opposition 

groups’ members reportedly barged into 

the house of one Anwar Hussain Gujjar at 

Dera Bangla village in Bhudal tehsil of 

Rajouri district and allegedly abducted 

him and his son Ashraf. They were 

inhumanly tortured and later beheaded. 

Their bodies were thrown outside their 

house. 93 

On the night of 19 July 2004, 

members of an armed opposition group 

stormed into the house of a retired BSF 

Havildar Abdul Gani at Gurdanbala in 

Rajouri district and opened indiscriminate 

firing upon the family members killing 

them on the spot including two children. 94 

On 13 September 2004, some armed 

opposition group members reportedly 

stormed into the house of one Mohammad 

Jamal at Shatta Dhoke in the Surankot area 

of Poonch district and killed Mohammad 

Jamal, his wife Banoo Bi and Abdul Gani 

by slitting their throats. 95 

On the night of 31 October 2004, a 

group of members of armed opposition 

groups reportedly came to the house of 

Tuffail Hussain in the village of Sangiot in 

Poonch district and abducted his 18-yearold 

son Tariq Ahmed at gunpoint. They 

took him to the adjoining forest area and 

slaughtered him by slitting his throat. His 

body with deep slit injury on his neck was 

recovered on 2 November 2004. 96


iii. Kidnapping and hostage taking 


also responsible for kidnapping and 

hostage taking. 

On 9 February 2004, members of an 

armed opposition group wearing police 

uniform reached Lar village in Ganderbal 

in Srinagar district in a TATA Sumo 

vehicle JK02 289 and abducted Qazi 

Mohammad Altaf, nephew of PDP leader 

and PHE Minister, Qazi Afzal at gunpoint 

and whisked him away to some unknown 

destination. 97 

On 11 March 2004, two armed cadres 

of Jais-e-Mohammad outfit reportedly 

stormed a girls’ high school in Khrew 

village of Pulwama district and held about 

175 terrified students and teachers hostage 

as human shields. The two members of the 

armed opposition group were reportedly 

killed in an intense fighting that ensued 

between the Rashtriya Rifles personnel and 

the two kidnappers. 98 


members of armed opposition group 

allegedly kidnapped Hafizullah Wani from 

Primary School Badangar Budgam at 

Waterhal in Budgam district and later shot 

at him causing injuries. 99 

On 23 June 2004, unidentified AOGs 

in police uniform abducted a senior 

engineer of Indian Railways Construction 

(IRCON) International Limited, Sudheer 

Kumar Pundeer, his brother, the driver of 

the car they were traveling and another 

local of Reshipora village in Awantipora 

tehsil of Pulwama district. The bodies of 

Sudhir Kumar Pundheer and his brother 

were recovered from Sagoo-Handhama in 

Zainapora area of Shopian on 25 June 

2004. The abductors had demanded a 

ransom of Rs 50 lakh in exchange for 

their release. 100 

At 10.30 am on 1 August 2004, two 

suspected members of armed opposition 

group reportedly entered the house of one 

Abdul Rashid, son of Nizam Din at 

Taskote in Chingus area of Rajouri district 

and kidnapped him. 101 

On 23 September 2004, armed 

opposition group’s members allegedly 

entered into the house of a cousin of 

Jammu and Kashmir Chief Minister Mufti 

Mohammad Sayeed, Mufti Sharief-ud-din 

in Bob Mohalla village of Bijbehara in 

Anantnag district and abducted his son 

Mufti Sarwar at gunpoint. They also 

allegedly entered into another house 

nearby and kidnapped one Muzamil 

Ahmad Kakroo. 102 


While the controversial Permanent 

Resident (Disqualification) Bill 2004 drew 

attention to the discrimination against 

women in the state, 103 women continued to 

bear the brunt of violence by the security 

forces and armed opposition groups 

because of their gender. 

i. Violence by the security forces 


for violence against women including 

torture, arbitrary detention, rape and 

molestation. On the night of 17 February 

2004, Ayesha Begum of Narbal area in 

97


Srinagar succumbed to her injuries that 

she received in ruthless beating by the 

police during lathi charge on the 

demonstrators during the day. 104 

On 2 July 2004, Hasina Akhtar, a 10th 

standard student of Government Girls’ 

High School, Zachaldar, was arrested by 

sub-district police officer Altaf Ahmed 

Khan and his junior, assistant subinspector 

Tanveer Ahmed accusing her of 

being involved in the killing of a security 

force official. The girl was allegedly 

severely tortured in custody and later 

admitted to a Srinagar hospital with 

“serious multiple injuries.” She was 

suffering from lash wounds, broken bones, 

and damaged tendons and muscles. 105 

Although Major Rehman Hussain was 

exonerated from the rape charges of the 

wife and 10-year-old daughter of one 

Abdul Rasheed Dar in Bader Payeen-I 

under Handwara tehsil in Kupwara 

district106 and punished for using force with 

the intent of outraging their modesty, 107 

most cases of violence against women 

including rape, went unpunished. 

At about 4.30 p.m. on 1 January 2004, 

a migrant woman labourer from Bilaspora 

in Uttar Pradesh was allegedly raped by a 

BSF personnel, Sepoy Ram at Singhpora 

village in Baramulla district. 108 

On 28 February 2004, a teenaged girl 

was allegedly abducted by a militantturned-counter-insurgent 

Manzoor Ahmad 

Dar from her Tenkpora Sumbal in 

Srinagar district and was raped several 

times. Two days after the rape, she 

reportedly set herself afire. She suffered 

98 

80 per cent burn injuries. After battling for 

life for eight days at the SHMS Hospital, 

the victim succumbed to her injuries on 9 

March 2004. In her dying statement 

before Ghulam Nabi Shah, Station House 

Officer, Sumbal she reportedly stated that 

Dar who is also her neighbour had raped 

her. 109 


constable Davinder Singh posted in 

Thanamandi area of Rajouri district was 

reportedly arrested on charges of raping a 

10-year-old orphaned girl. He allegedly 

brought home the girl, whose parents were 

killed by AOGs, promising to marry her 

and raped her for two days. 110 

On the night of 5 May 2004, the 

troops of the Rashtriya Rifles allegedly 

molested a woman and beaten up residents 

of the Choon village in Budgam district 

following an incident of stray firing by 

members of an armed opposition group. 

The state government ordered an inquiry 

into the incident. 111 

On 14 May 2004, a jawan belonging 

to the 30th Rashtriya Rifles allegedly 

forcibly entered into the house of Abdul 

Rashid Malik at Marat village on the 

Mawar-Handwara road of Kupwara 

district and attempted to rape 18-year-old 

Rubiya, who was alone at home at that 

time. The jawan reportedly grabbed her 

but let her go and fled the scene when 

people came rushing hearing her scream. 

The guilty security man was arrested and a 

case was registered against him. 112 

In the evening of 10 September 2004, 

four jawans of the Central Reserve Police


Force allegedly barged into the house of 

Bashir Ahmad at lower Munda of 

Anantnag district and asked one of the 

girls to come out. Seeing this, one Zubaida 

wife of Bahadur Khan started raising hue 

and cry that infuriated the CRPF personnel 

and they started beating her along with the 

other family members. The CRPF 

personnel took away the girl along with 

them and kept her in a nearby security 

forces camp for the whole night. On a 

complaint by the family members, police 

rescued the girl and a case was registered 

against the CRPF personnel but no action 

was reportedly taken. 113 

On the night of 27 October 2004, a 

group of seven persons including two 

jawans of the J&K Light Infantry 

Regiment (JAKLI) and two J & K 

policemen reportedly gang raped a 20year-old 

girl hailing from Sopore at the 

Sahara Guest House at Zero Bridge, 

Rajbagh in Srinagar. The six accused 

arrested by the police were reportedly 

identified as Bal Krishan of 6th JAKLI, 

Rakesh Kumar of 4th JAKLI, Ashwani 

Kumar, Vigilance, Mushtaq Sadiq, Sanjiv 

Kumar, a police man, and Shamas-u-Din, a 

driver and Karnal Singh, a government 

employee. 114 

On 14 December 2004, army 

personnel belonging to the Rashtriya 

Rifles allegedly raped Sara Begum, wife 

of Mohammad Din of Tanta in Doda 

district and subsequently shot her dead in 

the adjoining forest in Bhalesa village in 

the district. 115 

In the evening of 21 June 2004, two 

Rashtriya Rifles jawans barged into the 

house of Sadiq Shah at Sheikhpora-Sallar 

under Pahalgam in Anantnag district. The 

trooper allegedly pushed Sadiq Shah and 

his two sons into the kitchen, while 

another son was locked in the adjacent 

room. They then dragged Hakim Jan to a 

room and allegedly raped her. Police 

registered an FIR. 116 In a summary court 

martial instituted to prove the incident, the 

accused trooper was exonerated from the 

charges of rape but dismissed from service 

and sentenced to one-year rigorous 

imprisonment for misconduct and 

indiscipline. 117 

ii. Violence by the armed opposition 

groups 

The armed opposition groups 

continued to target women because of their 

gender. 


unidentified armed opposition groups’ 

members reportedly shot dead Hafiza 

Akhtar, daughter of Abdul Rahman Mir in 

Killer area of Pulwama district. 118 In 

another incident, Nazira Bi wife of Faqir 

Mohammad was shot dead by unidentified 

AOGs at her family residence at Majra 

Bambal, Dharamsal sector of Rajauri 

district on the same night. 119 

On 27 February 2004, Naseema was 

allegedly shot dead by AOGs near her 

residence in Mashwarad Rajpora of 

Pulwama district. 120 

On the night of 8 May 2004, armed 

cadres reportedly tortured to death a 60year-old 

widow Akbar Bi at her residence 

99


at Churang in Thanamandi area of Rajouri 

district. She was alone at home when her 

assailants entered the house and inflicted 

stab injuries all over her body with knives 

and other sharp edged weapons. The 

woman bled to death. 121 

On 10 June 2004, armed cadres of the 

Lashkar-e-Toiba outfit reportedly tortured 

to death four members of a family, 

including two women and a child, in the 

Chakaras-seripheli village of Udhampur 

district. A group of 10 AOGs barged into 

the house of Abdul Rehman and allegedly 

tortured, dragged out and killed all the 

family members. The alleged surrender of 

one of the family members Farooq, who 

was an armed cadre of the LeT outfit, was 

reportedly the reason behind the brutal 

killings. 122 

On 4 July 2004, members of the armed 

opposition groups reportedly kidnapped 

Mariam Begum from her house in Manoh 

village in Doda district and have allegedly 

chopped off her ears, nose and tongue. She 

was then released to come home on the 

night of 10 July 2004. 123 Her brother, Abdul 

Latif, an armed cadre of the Harkat-ul- 

Mujahideen reportedly surrendered before 

the Indian security forces. In retaliation, the 

Harkat-ul-Mujahiddeen men reportedly 

abducted his father Abdul Mohammed 

Ibrahim and sister Mariam Begum from 

Mehad Dhar in Doda district while grazing 

their cattles. The father-daughter duo were 

subjected to brutal torture. They were 

beaten with rifle butts, stick and burnt with 

cigarettes. While Md Ibrahim reportedly 

managed to escape, hapless Mariam 

100 

remained in captivity. The AOGs raped her 

before cutting her ears and nose off and left 

her in the forest to die. An army patrol 

reportedly found her and rescued. 124 

On the night of 26 July 2004, a group 

of four armed cadres of Laskar-e-Toiba 

severely beat Mohammad Shafi of village 

Daraj under Budhal police station in Doda 

district, his son Liaqat, daughter Zareena 

and wife Barkat Bi, and slit their throats 

accusing them of being ‘informers of 

security forces’. Mohammad Shafi, Liaqat 

and Zareena died on the spot whereas 

Barkat Bi was critically injured. 125 

On the night of 20 August 2004, some 

unidentified AOGs entered the house of 

one Rahim Mir at Ludna under Doda 

police station and dragged his daughter 

Shazia Bano out of the house. The AOGs 

then allegedly shot her dead. 126 


members of the armed opposition group 

entered the house of Abdullah in village 

Bada Dharman in Kotranka tehsil of 

Rajouri district and asked Mohammad 

Akram son of Mohammad Abdullah to 

accompany and guide them to a safer area. 

On refusal by Mohammad Abdullah to 

send his son with them, they started 

beating Mohammad Abdullah’s wife Billo 

and their 10-year-old daughter Maniza 

Begum. Later, they shot at them inflicting 

deep wounds to Billo and killed Mohd 

Akram. 127 

On 10 September 2004, members of 

the AOGs allegedly beaten up the 

womenfolk of Hori Hill Dhok area of 

Kotranka in district Rajouri and injured


many of them including Bala Bi, wife of 

Lal Khan Shahida and her mother Jan 

Begum. Later, their houses were set 

ablaze. 128 

On 11 September 2004, members of 

an armed opposition group allegedly 

hurled a grenade at the residence of Jalalud-din, 

CPI (M) worker at Pooniwah, 

Kulgam in Anantnag district that injured 

his two daughters Tahira Bano and 

Naseema Bano. Both the girls were shifted 

to hospital where Tahira succumbed to her 

injuries. 129 

On the night of 25 October 2004, 

members of an armed opposition group 

reportedly indiscriminately fired into the 

house of one Yousef Malik in Salbal 

village in Gool tehsil of Udhampur district 

and killed Yousef and his mother Jameela 

Begum on the spot. His son and wife were 

critically wounded. The armed groups also 

kidnapped the deceased’s brother Gulam 

Mohmmad and later killed him and 

dumped his body in the outskirts of the 

village. 130 

V. National Security Laws 

The Public Safety Act (PSA), 1978 

continued to be used extensively in Jammu 

and Kashmir. Since coming into power in 

November 2002, the PDP-Congress 

coalition government reportedly released 

326 detenues serving detentions under the 

PSA. 131 There were 533 persons 

languishing in jails in and outside the state 

under Public Safety Act (PSA) in February 

2004. Of these, 361 detenues were 

reportedly of Kashmir while 172 were of 

foreign origin. 132 According to J & K 

Minister of State for Home Abdul Rehman 

Veeri, 537 persons were detained under the 

PSA by July 2004. 133 Following the first 

round of talks between the central 

government and the Hurriyat Conference, 

the Joint Screening committee had 

reportedly recommended 34 cases under 

the PSA to the Jammu and Kashmir 

Government for revocation in March 

2004. 134 The Central Government 

approved a list of 24 detenues booked 

under PSA to be released. 135 

On 8 June 2004, the Jammu and 

Kashmir High Court quashed the detention 

order of Dr Meraj-ud-din Shigan booked 

under the PSA for his alleged involvement 

in militancy and ordered his immediate 

release. Quashing the detention order, Mr 

Justice Bashiruddin of the Jammu and 

Kashmir High Court observed that the 

grounds on which he was arrested were not 

supplied to the detainee and that the 

detention order was vitiated. 136 

The Jammu and Kashmir government 

also extensively invoked the Prevention of 

Terrorism Act, 2002. On 25 February 

2004, J & K Minister of State for Home 

Abdul Rehman Veeri informed the 

Legislative Assembly that out of 168 

POTA detenues, 86 were released since the 

inception of the PDP led coalition 

government. 137 


The conditions of the prisons in 

Jammu and Kashmir remained deplorable. 

A survey report of the Jammu and Kashmir 

101


High Court Bar Association stated that 

hundreds of detenues and undertrials were 

languishing in different jails due to 

inordinate delay in their trials. Citing the 

unavailability of escort, the authorities 

deprived the undertrials of their right to be 

produced before the courts. A number of 

them have allegedly turned insane due to 

prolonged incarceration. The undertrials 

were kept with the convicted criminals in 

all the seven jails in the state. Some of the 

prisoners, who were released by courts, 

were re-arrested at the very gate of the 

prison. The report also stated that there 

was no hospital or a proper place for 

treating the patients in the jails. There were 

reportedly no medical officers in Kathua, 

Hira Nagar and Udhampur prisons. 138 

On 8 June 2004, Shabir Ahmad, son of 

Ghulam Mohi-ud-Din, resident of Srinagar 

lodged in the Kot Bhalwal jail, Jammu 

reportedly died under mysterious 

circumstances. He reportedly fell 

unconscious inside the cell of Kot Bhalwal 

jail on the evening of 7 June 2004 and was 

shifted to the Government Medical 

College hospital at 11.30 p.m. that night. 

Doctors on duty were reportedly of the 

opinion that he consumed some poisonous 

substance. 139 

On 22 July 2004, Hurriyat Conference 

(G) alleged that despite the court orders in 

favour of release of some detained armed 

opposition group’s leaders, the jail 

authorities did not release them. The 

organization claimed that 70 year-old 

Moulvi Abdul Jabar, 50 year old Moulvi 

Mohammad Jammal, Nazir Ahmad Sheikh 

102 

and Master Mohammad Afzal have never 

been called for trial. One Zubair Ahmad 

Bhat of Kanlibagh-Baramulla was detained 

for the last four years without any trial. 140 

After a visit of the Udhampur prison 

in the first week of December 2004, the 

Kashmir Bar Association accused the state 

and police administration of not allowing 

the detainees to attend the courts on false 

excuses like non-availability of escort for 

the purpose. According to the report, 66 

prisoners hailing from Kashmir, seven 

from Mahore-Jammu, three from Pakistan 

and one from Tajikistan were not allowed 

to attend courts where their cases have 

been under trial. 141 

VII. Internally Displaced Persons 

There were about 2.5 lakh Kashmiri 

pandits who have been internally displaced 

and migrated to different parts of the 

country since March 1990. Out of 56,380 

migrant families, 34,644 families have been 

staying in Jammu and 19,338 in Delhi. 142 

The Kashmiri Pandits who comprised 

the majority of the displaced peoples in the 

state were able to draw attention of both 

the Central and State governments and 

their conditions have been comparatively 

better than the others. The Kashmiri Pandit 

migrants have been living in 

accommodation provided by the 

Government and are provided with 

monthly relief and free ration. 143 Pursuant 

to the commitment by Prime Minister Dr 

Manmohan Singh during his visit to the 

migrants’ camp at Muthi in Jammu on 18 

November 2004, the central government


has reportedly agreed in principle to 

release Rs 150 crore to set up two room 

sets for the Kashmiri migrant pandits 

living in different camps in Jammu. 144 On 

19 December 2004, a three-member interministerial 

team arrived in Jammu on a 

four-day visit to interact with the state 

government and a cross section of the 

migrant Kashmiri pandits. 145 At the 

meeting of the inter-ministerial meeting, J 

& K Revenue Relief and Rehabilitation 

Minister Hakim Mohammad Yaseen 

reportedly announced that the J & K 

government was working on a special 

employment package for the Kashmiri 

Pandits. 146 

However, the conditions of the 

60,000 border migrants, who were forced 

to flee their homes along the India- 

Pakistan border in Jammu and Kashmir 

remained deplorable. Though 45,000 of 

them have returned to their ancestral 

villages and have enjoyed peace on the 

Line of Actual Control in the Jammu 

sector following the enforcement of the 

ceasefire with Pakistan, over 12,000 

persons, including women and children, 

have been spending days in penury and 

misery at camps at the Devipur in the 

Akhnoor sector. Those who returned to 

their villages were reportedly not 

provided cash assistance to repair the 

houses. Those living in the camps alleged 

that promises of allotting small plots and 

financial assistance for building houses in 

safer areas were never fulfilled. 147 

The apathy of the state government 

towards the plight of the border migrants 

was manifested from tortured to death of 

Chairman of Border Migrant Action 

Committee (BMAC), Chajju Ram of 

Nikkian village in Khour block of tehsil 

Akhnoor in Jammu district on 2 March 

2004 at Kot Ghari. On 27 February 2004, 

Chajju Ram was beaten by the police 

during a lathi-charge on the protestors 

demanding rehabilitation. He succumbed 

to his injuries. 148 

■ 

103


104

Chapter11 

Jharkhand 

I. Overview 

Ruled by the Bharatiya Janata Party, Jharkhand has become 

infamous for abusing the Prevention of Terrorism Act, 2002. 

Jharkhand, which faces low intensity conflict with the 

Naxalites, had more detainees under POTA than Jammu and 

Kashmir, the central focus of India’s war against terror. Though 

about 145 POTA detainees involved in 59 were released in June 

2004 because of the lack of sheer evidence, many of the released 

POTA detainees continued to remain in prison under various 

offences filed under normal laws like the Criminal Procedure Code

INDIA HUMAN RIGHTS REPORT 2005 Jharkhand 

and Indian Penal Code. Many were too 

poor to pay the bail bond money and have 

little access to legal aid. However, those 

police personnel who had abused POTA 

have been given complete impunity. 

Hundreds of people continued to remain in 

the First Information Reports filed under 

the POTA. 

On 20 June 2004, the People’s War 

Group (PWG) in response to Jharkhand 

Chief Minister Arjun Munda’s call for 

dialogue on 12 June 2004, offered to hold 

peace talks with the government. The 

PWG put forth nine conditions including 

immediate withdrawal of paramilitary 

forces from Naxal-infested areas, probe 

into cases of fake encounters and action 

against guilty police officials, withdrawal 

of the POTA and lifting ban on the outfit. 1 

However, Jharkhand government did not 

respond positively and no talks were held 

at the end of 2004. On 7 November 2004, 

the Maoist Communist Centre (MCC) and 

PWG reportedly merged into a single 

group - Communist Party of India 

(Maoists). 2 The PWG is reportedly active 

in 18 out of the 22 districts. Nearly 495 

persons including 188 policemen have 

been killed in the Naxalite related violence 

since the creation of the state in November 

2000. 3 


responsible for serious human rights 

violations while countering the Naxalites. 

The People’s Union for Civil Liberties 

(PUCL) in its inquiry report released in 

May 2004 held the members of the 

Nagarik Suraksha Samiti (NSS), a counter 

106 

insurgency group floated by the police, 

responsible for lynching to death of about 

13 alleged activists of the Naxalites at 

Longo in Dumuria block in East 

Singhbhum district between 7 and 22 

August 2003. The PUCL alleged that 

district police and the NSS members 

continued to harass innocent villagers 

accusing them of being Naxalite 

sympathisers. 4 There were reports of 

torture and arbitrary deprivation of the 

right to life in 2004. 5 

Jharkhand, the heartland of India’s 

indigenous peoples, registered sharp 

decline of the percentage of Adivasis. The 

State government recommended inclusion 

of the Kurmis, presently considered as 

upper Caste Hindus, into “Scheduled 

Tribes” list which evoked vehement 

protest. The Adivasis have been 

disproportionate victims of displacement 

by development projects, land alienation 

and extreme poverty. 


i. Arbitrary deprivation of the right to 

life 


responsible for serious human rights 

violations including arbitrary, summary and 

extrajudicial deprivation of the right to life. 

The People’s Union for Civil Liberties 

in its inquiry report of May 2004 held the 

members of the Nagarik Suraksha Samiti 

(NSS), a counter insurgency group floated 

by the police, responsible for lynching to 

death of about 13 alleged members of the 

Peoples War Naxalites at Longo in


Dumuria block in East Singhbhum district 

between 7 and 22 August 2003. Prominent 

NSS members, police officers and Central 

Reserve Police Force officers posted in the 

village allegedly masterminded the 

lynching. The victims were allegedly 

administered drugs in the food and water 

served to them that made them drowsy. 

Police officials, along with NSS members, 

and some local villagers overpowered and 

tied them up. The information was then 

transmitted to the district police 

headquarters, and after receiving approval 

of higher authorities, the alleged Naxalites 

were beaten to death between 5.30 am and 

7 pm of 7 August 2003. A photographer, 

however, managed to take pictures of the 

victims with their hands and legs tied. The 

ropes used in tying up the slain youth were 

found to be the ones normally available 

with the police. The involvement of police 

became apparent as the district 

administration immediately rushed to the 

village after the massacre to congratulate 

the villagers. 6 

On 8 and 9 August 2004, members of 

NSS lynched two more persons - Ledha 

Patter and Khoka Munda - for having 

alleged connections with the Naxals. 

Police initially refused to register the FIR 

into the killings. But, after PUCL 

denounced the extra-judicial killings, an 

FIR was lodged against 500 unnamed 

villagers. 7 After post-mortems, the dead 

bodies were reportedly disposed without 

waiting for anybody to make a claim. 

Besides, the doctors who conducted the 

post-mortem did not preserve the viscera 

despite widespread speculation that the 

victims were administered poisonous/toxic 

substances before being overpowered and 

beaten to death. 8 

In early July 2004, Jugal Kishore 

Chauhan who was arrested on suspicion of 

having engineered the abduction of his 12year-old 

nephew, Timir Haran Chauhan, 

died in police custody. Timir, who was 

playing at a park in Loyabad, Dhanbad 

was kidnapped by unidentified people 

travelling in a white Maruti car but later on 

managed to flee and returned home. 

Officer-in-charge of Tetulmari Swapna 

Kumar Mehta intercepted the vehicle at 

Pandeydih but only the driver could be 

recovered. Police in the meantime picked 

up Chauhan for questioning. Chauhan was 

initially detained by the Tetulmari police 

and later taken to Loyabad police station. 

While Chauhan reportedly admitted that 

the boy was kidnapped by mistake, former 

Union minister Yogeshwar Prasad stated 

that Chauhan was beaten by the police in 

front of him. He was allegedly tortured to 

death. 9 

On 24 July 2004, Tez Ranveer Singh, 

a resident of Kadma in Jamshedpur 

district, was picked up by the police in 

connection with a case of trespassing 

registered with the Kadma police station in 

2002. He was on bail but a warrant was 

issued after he failed to turn up for the 

court hearing. He was sent to the Sakchi 

jail in Jamshedpur on 25 July 2004 where 

he died on the night of 27 July 2004. 

Following his death, the police have 

registered a case against other fellow 

107


prisoners, Arvind Singh and Mangalu 

Lohar. A five-member team of the 

Jharkhand State Minorities Commission 

led by its vice- chairman Khem Singh 

probed the custodial death of Tez Ranveer 

Singh and concluded that Tez was 

murdered. He was beaten up by his fellow 

prisoners with a stick. “But who gave them 

the stick?” asked P.K. Das, a member of 

the investigating team. 10 The capacity of 

the Sakchi jail is about 198; but over 900 

inmates were lodged in the jail. 11 


torture 

Arbitrary arrest, detention and torture 

by the police for extracting confessions or 

information about the PWGs are common 

in Jharkhand. 

On 28 April 2004, at least a dozen 

lawyers at Dhanbhad Court were 

reportedly injured after being allegedly 

beaten up by a group of policemen. A 

newspaper vendor, Dwarika Paswan was 

injured in an accident when a speeding 

truck hit him on the busy Court Road. 

Many lawyers and their clients reportedly 

rushed to his help, thus creating a huge 

crowd on the road. When a police van 

escorting undertrials from Dhanbad jail to 

the court was caught in the crowd, its 

driver allegedly manhandled lawyer U.K. 

Barnwal. Soon after an altercation 

followed between the policemen and the 

lawyers. The police came in large 

numbers and beaten up whoever they 

could lay their hands on. 12 

On 4 July 2004, the Dhalbhumgarh 

108 

police picked up three youth, Rajen 

Munda, Mahendra Munda, both residents 

of Jiyan village in Ghurabandha, and 

Suresh Munda of Maheshpur of 

Ghurabandha village from the local haat 

(marketplace) accusing them of being 

sympathisers of People’s War. 

Immediately after their arrest, the police 

official concerned flashed news across the 

sub-divisional area to have rounded up 

three suspected extremists from the 

Dhalbhumgarh bazaar. Police wanted the 

poor villagers to pay a hefty amount to 

release them. As they could not pay, they 

were remanded to Ghurabanda Police 

Station and later to judicial custody. 13 

On 5 July 2004, a two-member factfinding 

team of the National Human 

Rights Commission began investigations 

into the complaint filed by Poonam Devi, 

wife of Anil Singh, who was shot at by 

Jhumri Tilaiya police on 16 November 

2001. Singh was shot in the leg allegedly 

outside his home. Poonam Devi had 

claimed that her husband was tortured and 

falsely implicated by then officer incharge 

of Jhumri Tilaiya police station 

Ramrekha Pandey. Investigating officers 

T. S. Rao and Manmohan met Singh at the 

Koderma sub-jail. They also met Pandey, 

senior police officials of the district and 

Deputy Commissioner Rahul Sharma. 

Singh’s left leg has reportedly become 

dysfunctional after the incident. 14 

On 17 November 2004, a group of 

policemen from Vishnugarh police station 

in the Hazaribagh district looted electronic 

goods - a VCP, a colour TV, a stabilizer etc.


from the house of Paulus Hansda, an 

adivasi, in Banaso village during a 

combing operation. The police were 

reportedly conducting a combing operation 

in the village when they heard music 

coming out of the mud house. When they 

entered into the house they found that the 

family members were busy watching a film 

on the video. The police took the goods 

away accusing the family members of 

either having stolen the same or gotten 

them as rewards for helping the naxalites. 

The family members even produced the 

purchase documents and informed that the 

son of Paulus Hansda who was employed 

in Mumbai had paid for them. But the 

police refused to believe them. Hansda, 

along with a group of villagers, approached 

the Superintendent of Police of Hazaribagh 

who directed the policemen to return the 

seized goods immediately. But no action 

was taken against the errant policemen 

including the Officer-in-Charge. 15 



The armed opposition groups like the 

Peoples War Group and the Maoists 

Communist Centre were responsible for 

blatant violations of international 

humanitarian law standards. The armed 

opposition groups resorted to 

indiscriminate killings, torture, kidnapping 

and “the passing of sentences and the 

carrying out of executions without 

previous judgment pronounced by a 

regularly constituted court affording all the 

judicial guarantees which are recognized 

as indispensable by civilized peoples”. 

The victims included civilians and alleged 

police informers. 

On 7 May 2004, suspected members 

of the MCC killed one of its area 

commander Nagesh Mahto in Ambara 

village under Nawadih police station 

limits of Bokaro district for his alleged 

participation in the Lok Sabha elections. 16 

On 10 May 2004, Gura Murmu, Dhani 

Murmu, Lopsa Hansda and Sanat Murmu, 

a physically challenged man, were 

reportedly killed and four others were 

injured by the MCC and the PWG cadres 

at Chakri village under Dumaria police 

station in East Singhbhum district. The 

killing was in retaliation against the 

alleged killings of two PWG cadres by the 

villagers. While the polio struck Sanat, 

who was unable to flee, was dragged and 

bludgeoned to death, Lopsa Hansda was 

shot dead at point blank range and his head 

was crushed with stone. Gura Murmu and 

Dhani Murmu were reportedly dragged 

out of their huts and subjected to the 

physical punishment before they were 

killed by slitting their throats. The injured 

persons have been identified as Kanhu 

Hembrom, Motka Murmu, Arjun Gope 

and Jagdish Bera. 17 

Duggi Lal Mahto and Jageshwar Ram 

were reportedly killed by MCC activists 

on the night of 14 May 2004 at Chakchko 

village under Vishnugarh police station on 

Giridih-Hazaribagh border in Giridih 

district. The victims were mercilessly 

beaten up at a Jan Adalat, Peoples’ Court, 

and eventually killed. While fingers of 

109


Duggi’s hands and legs were reportedly 

chopped off before hacking him to death, 

Jageshwar’s head was smashed with a 

huge stone. 18 


MCC cadres reportedly abducted 

Pratappur Block Development Officer 

(BDO), Bharat Bhushan Prasad, his son 

and two others from Pratappur block in 

Chatra district. About 30 to 40 armed 

activists attacked Prasad’s residence and 

kidnapped him. When his son tried to 

show some resistance, he too was 

abducted along with the driver and his 

assistant. However, the naxalites released 

the son and the driver. 19 

The Maoists were responsible for 

destruction of infrastructure. In the 

morning of 6 January 2004, suspected 

members of the PWG reportedly blew up 

the Ramna railway station in Garhwa 

district. 20 On 20 July 2004, the MCC 

cadres blew up the office of TRYCEM 

located at the block headquarters of Gawa 

of Giridih district as the policemen came 

and stayed there earlier. 21 At around 3 a.m. 

on 21 October 2004, the PWG blew up the 

railway station in Latehar district to 

protest against the killing of a sub-zonal 

commander in a police encounter. 22 On the 

night of 15 November 2004, suspected 

PWG members blew up a guest house 

belonging to the State Forest Department 

at Bishrampur under Ranka police station 

limits in Garhwa district. 23 

110 


A National Commission of Women 

report on the state of women in Jharkhand 

released in New Delhi on 22 December 

2004 stated that about 400 women have 

been killed in illegal mines mishaps in 

Jharkhand since 1988. Most of these 

deaths ahve been reportedly denied by the 

police. Even, the dependents of the victims 

remained silent fearing legal reprisals. The 

report quoting a survey stated that the poor 

tribal women in the state have been 

compelled to take to illegal miningmanual 

extraction of coal from abandoned 

Pits to earn a meager living after losing 

their husbands and sons in mine disasters. 

According to the survey, more than 90 per 

cent women in Hazaribagh-Chhatra 

districts have lost their agricultural land to 

mines. This has forced them to work as 

contract labourers and as domestic help in 

urban centres, making them vulnerable to 

sexual abuse. As payments in mines are 

erratic, the labourers cannot afford to buy 

cereals at market rate while the Public 

Distribution System has broken down. 

Women often stay hungry to ensure 

adequate food for the family. This has led 

to increased malnutrition, calcium 

deficiency and blood deficiency related 

diseases among them. 24 

On 9 December 2004, a newly 

married couple Galo Kumari and Bishnu 

Naik were allegedly stripped, tonsured, 

beaten and paraded naked in public for 

marrying out of caste in Manhu village in 

Khunti sub-division of Ranchi district. 

When an old woman tried to cover up the 

girl with a piece of cloth, she was also 

beaten up. The couple was finally


ostracised from the village. While Galo 

Kumari belonged to Pahan tribal 

community, her husband was a scheduled 

caste (Ghasi), which is considered ‘lower’ 

to the Pahan tribe. They reportedly eloped 

and married against the consent of their 

parents. 25 An FIR was lodged by Bishnu 

with Khunti police under Section 307, 147 

and 148 of the Indian Penal Code. Police 

have reportedly arrested Galo’s father 

Bagun Munda and younger brother Bhodo 

Pahan, who had allegedly instigated the 

villagers. 26 

V. The status of the Adivasis 

The tribal population in the State has 

reportedly registered a sharp decline over 

the years. As per the 2001 Census, the 

Scheduled Tribe population went down 

from about 45 percent to 26.3 percent. 27 

On 4 December 2004, the State 

Cabinet approved a Personnel & 

Administrative Reforms Department’s 

proposal for making recommendations to 

the Union Government for the inclusion of 

Maal (Maal Kshetriya) and Rautiya castes 

in the list of Scheduled Caste (SC) and 

Scheduled Tribe (ST) respectively. 28 The 

state government also recommended for 

inclusion of the Kurmis in the Scheduled 

Tribes list. Different tribal organisations 

like Adivasi Chatra Sangh, Adivasi 

Morcha and tribal scholars and leaders 

have opposed the State Cabinet’s decision 

and have threatened to create a social 

unrest, similar to what the State faced over 

the domicile issue in 2002. 29 A 48-hour 

statewide chakka jaam was called by 13 

tribal organizations headed by the Adivasi 

Chhatra Sangh on 17 and 18 December 

2004 to protest the Jharkhand 

Government’s move to include Kurmi and 

Teli castes in the list of Schedule Tribes. 30 

i. Land alienation 

Displacement was not confined to 

particular districts but has been an issue 

for the entire Jharkhand. More than 

3,48,628 acres of public land, 8,52,033 

acres of private land and 3,45,083 acres of 

forest land have been acquired in 

Jharkhand during the period 1951-1995 to 

set up industries, mines, sanctuaries, 

thermal power plants, dams and other 

development projects. However, the 

displaced tribal people have not been 

properly rehabilitated. 31 

About 100 years ago Tata established 

two companies in Ranchi - Telco and 

Tisco. To set up Tisco, 3,546 acres of land 

were acquired, displacing 7,000 families, 

consisting mostly of tribals. To set up 

Heavy Engineering Corporation in 1959, 

12,990 families were displaced to acquire 

9,200 acre of land. The acquisition of 

34,227 acres of land for Bokaro Steel Plant 

displaced 12,487 families. The Central 

Coalfield Limited and Eastern Coalfield 

Limited were set up, both for mining, 

thereby displacing a total of 15,000 

families for 1,58,000 acres of land. For 

Swaranrekha river project, 85,000 acres of 

land were acquired, affecting 68,400 

families. To set up Tenughat Power Plant 

at Hazaribagh, 76,300 families were 

displaced for the 97,843 acres of land. The 

111


ongoing 710 MW Koel Karo power 

project is likely to displace more than one 

lakh people. The major displacement took 

place in Jamshedpur, Ranchi, Bokaro and 

Dhanbad districts. One third of the state 

population was affected. In total, 2,26,022 

families were displaced over the years in 

the state. 32 

The state government did not 

implement its promises of rehabilitation of 

the affected people. The State Government 

gives the land to companies interested in 

setting up projects. And the companies in 

turn prepare rehabilitation packages. Apart 

from cash compensation, many of these 

companies promise providing jobs to each 

of the displaced families. But in reality, 

hardly ten per cent of them are given jobs 

and the rest are left to fend for 

themselves. 33 

On 4 December 2004, the State 

Cabinet approved a couple of proposals to 

rehabilitate thousands of families 

displaced either by the Bokaro Steel 

Limited (BSL) or in major irrigation 

projects like the Subernarekha Multipurpose 

Project (SMP). The Cabinet 

reportedly sanctioned Rs 7.82 crore for 

distribution of compensation among the 

BSL displaced pursuant to the Supreme 

Court order of 17 February 2004. 34 

ii. Violation of the Chotonagpur 

Tenancy Act 

Tribals’ lands have been grabbed with 

impunity by Dikus (outsiders) in clear 

violation of the Chotonagpur Tenancy Act 

of 1908 that was formulated to safeguard 

112 

the land rights of the Adivasis. While 

grabbing of tribal land is visible in almost 

every village of Dumka district, it is more 

prominent in the villages under the 

Shikaripara block where there are a 

number of stone quarries. According to 

official records, there are about two 

hundred stone mines, which cover over 

nearly 500 acres of land. Srijal Tudu and 

his brothers of Sarasdangal village gave 17 

bigha of land (i.e. plot no. 25, 26, and 40) 

to one Lallan Pandey who is allegedly 

running a stone quarry without proper 

grant of lease. According to the contract, 

Pandey was to pay Rs 2,500 per bigha 

yearly for ten years. But Tudu’s family did 

not received a single penny. 35 

Kishun Hembram of Chitragarihia 

gave his land on lease to a miner for 

digging a pond only. But later on 

Hembram’s family members were shocked 

to find that the lease-holder had got 

Kishun’s thumb impression on a document 

which showed that the land had been given 

on lease to them for ten years. 36 

Similarly, Sheetal Hansda of 

Makrapahari village also leased her land to 

M/S Dina Nath Stone Works for five years. 

When she wanted to take back the land 

after five years the miner claimed that it 

was leased out to him for ten years. He 

also showed a document to prove his 

claim. But Hansda was not given a copy of 

the agreement. 37 

Sometimes the miners create such a 

situation where land-holders have no way 

out but to surrender their land for money. 

Sabori Hembram of Sarasdangal gave up


her land as sand and stone chips were 

being thrown at her land and crops. 

Similarly, Parvati Marandi of Makrapahari 

leased her plot to Gouri Shankar Bhagat 

for five years. But her land was slowly 

being occupied by one miner Panna Singh 

from one side and Gauri Shankar Bagat 

from another side. 38 

iii. Health 

The tribal areas have little access to 

health care facilities. Villages like Chukru 

and Bhakhari in Daltongunj, a tribal belt in 

Palamau district are seriously affected by 

fluorosis because of the absence of proper 

drinking water facilities. The indigenous 

peoples have been forced to consume 

water contaminated with fluoride. In 1986, 

the National Drinking Water Commission 

had set up a committee to provide safe 

drinking water to all fluorosis-affected 

villages by 1990. A survey conducted by 

Society for Environment and Social 

Awareness found that 17-20 per cent of the 

villagers were suffering from the disease. 

A project to provide potable water to the 

villages from a tank in Daltongunj was 

conceived at a cost of Rs 1.75 crore. Pipes 

were laid and a tank was constructed. But 

before the tank could even be used to store 

water, it started showing cracks in 1999. 

None of the district officials cared to 

complete the project. 39 

The Pahariya tribe of Santhal 

Parganas district is an endangered tribe. In 

the absence of proper medicines and 

healthcare facilities, deaths due to diseases 

like malaria and kala-azar (black fever) 

occur in epidemic proportions. Every year 

during the summer months the deadly 

black fever claims hundreds of lives. 

Twelve Pahariyas died in July and August 

2004 due to kalaazar at Phitkoriya village 

under Rajbandh Panchayat. 40 Records also 

revealed that the disease directly affected 

more than 2,800 Pahariya people with 679 

deaths in 2003 in Santhal Parganas. 41 

iv. Extreme poverty 

On 19 September 2004, the 

Opposition in Jharkhand claimed that at 

least 14 starvation deaths had occurred in 

the districts of Dumka and Palamu within 

a month. The State government blamed it 

on malnutrition. 42 The Central and the state 

governments have reportedly released Rs 

8.8 crores as interim drought relief. But 

villagers alleged that not a penny had 

reached them. 43 

Taking cognizance of the reported 

starvation deaths in Jharkhand, the 

National Human Rights Commission on 5 

October 2004 asked the State government 

to explain within two weeks the reasons 

behind the deaths. 44 

Santu Munda reportedly starved to 

death at Betulkhurd village in Gola block 

in Hazaribagh district in December 2003. 

Acting on a petition filed by human right 

activist Ranjeet Kumar Roy, the Jharkhand 

High Court on 16 April 2004 served notice 

to the State Welfare and Rehabilitation 

Commissioner and Hazaribagh Deputy 

Development Commissioner, besides the 

block development officer and block 

welfare officer of Gola and directed them 

113


to submit a report on the death of Santu 

Munda. 45 

In August 2004, 50-year-old Lepsi 

Devi, a resident of Tilaya Tolak in Garhwa 

district reportedly died of starvation and 

malnutrition. The victim had reportedly 

survived on herbs for one month before her 

death. Her son and daughter-in-law left the 

place to escape starvation. Several other 

residents of the village were reportedly 

facing starvation. However, the district 

administration denied any starvation 

death. 46 

Machindra Mahto, a farmer from 

Tikratoli village, committed suicide by 

consuming pesticides in first week of 

September 2004. He had taken a loan of 

Rs 70,000 from money lenders and was 

unable to repay it. Like Machindra 

hundreds of farmers in the state have been 

reeling under heavy debt and desperation. 47 

On 17 October 2004, 15-year-old 

Bduba Mushar died inside a roadside 

shelter at Pirojpur in Maherama block of 

Godda district due to starvation. Mushar 

took to begging to support himself and his 

80-year-old grandmother, Tunia Devi, 

after the death of his parents within a span 

of two years. 48 

In October 2004, 50-year-old Jalia 

Mahara, a poor widow, died of 

malnutrition in Fulchi village under 

Madhupur subdivision of Deoghar district. 

Lakshman Mahara, a relative, stated that 

the villagers had approached the local 

administration a number of times for grant 

of old-age pension for the woman, who 

had to beg to earn her bread as she was 

114 

childless. But the villagers alleged that the 

administration took no step to provide 

relief to the hapless woman. 49 

A two-member committee appointed 

by the Jharkhand government on a directive 

from the Supreme Court following reports 

of starvation death in the state found that 

the Block Development Officer (BDO) of 

Paki block in Palamau district, Ibrara 

Hassan, had directed his subordinates not to 

provide any foodgrains to people in Ulgara 

village because they exposed the hunger 

death of a woman in the village to reporters. 

The BDO allegedly promised the villagers 

to dig two wells and a pond in the area if 

they denied that the hunger death took place 

in August 2004. The investigation 

committee has reportedly recommended 

action against the BDO. The committee 

also found that seventeen families in the 

village were facing acute hunger and 

needed immediate relief. 50 

VI. Misue of POTA 

Jhakhand had the highest number of 

detainees under the POTA. A total of 128 

POTA cases have been lodged by the State 

Police and 281 persons were arrested since 

POTA was invoked in 2002. The official 

number of POTA arrests in other states 

were as follows: 181 in Jammu and 

Kashmir, 83 in Gujarat, 44 in Delhi, 42 in 

Maharashtra, 41 in Tamil Nadu, 40 in 

Andhra Pradesh, 28 in Uttar Pradesh, 6 in 

Sikkim, and 3 in Himachal Pradesh. 51 

On 6 September 2002, the state police 

raided the house of one Hemlal Mahato 

whom they suspected to be an activist of


Maoist Communist Centre. The police 

alleged that he was planning to loot trucks 

loaded with grains, and claimed to have 

seized receipts of MCC relief fund, Rs 

14,300 in cash and other belongings from 

his house. Despite that Mahato denied his 

involvement with the MCC and produced 

a certificate from his employer in Mumbai 

that he has been working there since 1999, 

he was charged with sedition and 

conspiracy, and was arrested under POTA 

for being a member of a terrorist 

organisation. 52 

Both the youngest POTA detainee in 

the country, 12-year-old Gaya Singh and 

the oldest of them, 81-year-old Rajnath 

Mahato were from Jharkhand. 14-year-old 

Mayanti Rajkumari, a resident of Pandrani 

village in Gumla district, was picked up by 

police on her way back home from school 

on 9 July 2002. The next morning police 

informed the family that Rajkumari had 

been arrested under POTA along with 24 

others for allegedly planning to attack a 

Dhaba, a roadside restaurant, 18 km away 

from her school. 53 

Shibu Oraon had gone to fetch 

firewood from the forests near his village 

in Gumla district. On his way homewards 

he was intercepted by a police patrol 

vehicle and quizzed about his credentials. 

Although he repeatedly pleaded that he 

was innocent and was not involved in any 

militant activity, he was picked up by the 

police and booked under the Prevention of 

Terrorism Act (POTA) for alleged links 

with the Maoist Communist Centre 

(MCC). 54 

Sunita Kumari, 19, was at home when 

a group of outlawed persons barged inside 

and ordered her for some food. Scared, she 

complied with the orders. A couple of days 

later, some policemen came looking for 

Sunita. She was branded an extremist and 

booked under POTA. 55 

On 20 January 2002, a police team led 

by Deputy Superintendent of Police raided 

many Adivasi villages under Piparwar 

Police station of Chatra district. While the 

MCC cadres fled from the villages after 

they got the information about police raid, 

police arrested many innocent villagers 

under POTA accusing them of being MCC 

cadres. 

Asian Centre for Human Rights 

interviewed some of the innocent people 

who were detained under POTA. 

Amrit Oraon, son of (s/o) Chandru 

Oraon from Sareya village was detained 6 

months under POTA before his release on 

16 June 2002. Lakkhan Oraon, s/o Late 

Akala Oraon of Jhulandiha village under 

Piparwar police station was released on 20 

June 2002 after being held in detention for 

6 months. Mola Oraon, s/o Kunu Oraon of 

Sareya village was detained for 6 months 

under POTA before his release on 20 June 

2002. 56 

Balko Oraon, s/o Charan Oraon of 

Sareya who was arrested on the same day 

was detained for about 18 months before 

his release on 16 July 2003. Mangara 

Ghambhu s/o Punita Gambhu of Dimbua 

village was also released on 16 July 2003. 

Basey Oraon, s/o Late Baldev Oraon of 

Jhulandiha village and Bigwa Oraon, s/o 

115


Suchuwa Oraon of Jhulandiha village 

Dame Oraon, s/o Madhava Oraon of Sareya 

village were also released on 20 July 2003 

after being detained for 1 and half years. 

Bandhu Oraon, son of Jitu Oraon of 

Baseriya village released on 18 August 

2003 after detention for 20 months. 57 

On 9 June 2004, Chief Minister Arjun 

Munda announced the government’s order 

of withdrawal of POTA against 145 

116 

detenues after the state review committee 

found that the cases lacked enough 

evidence in 59 cases. 58 But, many of the 

released POTA detainees continued to 

remain in prison under various charges 

filed under normal laws. Many were too 

poor to pay the bail bond money and have 

little access to legal aid. However, those 

police officials who have abused POTA 

have been given complete impunity. ■

Chapter12 

Karnataka 

I. Overview 

Ruled by the Congress-Janata Dal (Secular) coalition, 

Karnataka stepped up operation against the Naxalites in 

2004. On 12 October 2004, over 1,000 police personnel were 

deployed to flush out the Naxalites in the Western Ghat region. 1 

Although Chief Minister Dharam Singh invited the Naxals to the 

negotiation table in June 2004, 2 the People’s War Group (PWG) 

placed various demands including the dismissal of the Rapid Action 

Force, government apology to the family members of the alleged

INDIA HUMAN RIGHTS REPORT 2005 Karnataka 

slained Naxals, release of some Naxals 

being lodged in Gulbarga jail and 

Chikmagalur jail, and an end to the 

evictions of the people from Someshwar, 

Mookambika and nearby forest areas for 

holding talks. 3 No dialogue took place in 

2004. 


for human rights violations particularly 

torture, rape and custodial killings. On the 

night of 16 March 2004, Mehboob Pasha 

died in police custody after he, along with 

five others, was arrested by a police team 

led by Sub-Inspector Balakrishna from the 

outskirts of Pavagada town in Tumkur 

District. 4 

The Naxalites have been responsible 

for human rights violations, including 

violation of the right to life. On 22 

November 2004, one Hemmige 

Chandrakanth, a farmer, was brutally 

beaten up at his house in Talagaru near 

Bukkadibail in Chikmagalur District by a 

group of Naxal cadres. The wooden piece 

used to torture him had pierced through his 

legs, fracturing them. Chandrakanth 

suffered multiple injuries. He had to be 

admitted in the Manipal hospital. 5 

Atrocities on Dalits, threats of forced 

relocation and eviction of the indigenous 

and tribal peoples were reported. 

Prison conditions remained 

deplorable. Ill-treatment of prisoners, 

unhygienic cells, sub-standard food and 

lack of medical attention were widely 

reported. Hundreds of undertrials have 

suffered from judicial delay. 

While official figure of child labourers 

118 

in the state is put over 39,000, nongovernmental 

organizations put the figure 

much higher. Many of the child labourers 

are forced to work in hazardous 

conditions, and subjected to sexual and 

physical exploitation. 

There are about 2.5 lakh sex workers 

in the state. Majority of them are under 18 

years of age and hail from socioeconomically 

marginalized families in 

tribal and rural areas. Although the 

Karnataka government has taken some 

measures to combat trafficking of women 

and children, the problem has been 

growing alarmingly. 



life 


Commission registered 41 custodial deaths 

in 1999-2000, 46 in 2000-2001, 50 in 

2001-2002 and 65 in 2002-2003. 6 

On the night of 16 March 2004, 

Mehboob Pasha died in police custody 

after he, along with five others, was 

arrested by a police team led by Sub- 

Inspector Balakrishna from the outskirts of 

Pavagada town in Tumkur District. They 

were allegedly caught while gambling. He 

was brutally beaten up in the police station 

and died while being taken to hospital for 

treatment. According to the police, the 

victim died following a heart attack en 

route to Bangalore. However, the 

deceased’s friends, Markandeya, Krishna, 

Ramu, Eshwar, Nagappa and Ramanji,


who were arrested along with him, stated 

that he was not playing the cards but only 

watching. They alleged that he was 

tortured to death. 7 

On 2 June 2004, one Rangappa of 

Gowribidanur in Kolar district was found 

dead under mysterious circumstances in 

Aijoor police station in Ramanagaram 

taluk in Bangalore Rural district after he 

was picked up for interrogation in 

connection with a theft case. The victim 

was working as a watchman at the 

construction site of Divine School of 

Nursing near Archakarahalli, from where 

he had allegedly stolen iron bars. Police 

reportedly detained him in the police 

station without registering a complaint 

against him. Police claimed that Rangappa 

had committed suicide by hanging from a 

ventilator rod with the help of a towel in 

the toilet. 8 

On 1 December 2004 night, 

Shyamanna, a close relative of Jalihalla 

Camp’s Congress leader and MP K 

Virupaksha, died following alleged police 

assault in Sindhnur town. On the morning 

of 2 December 2004, the deceased’s body 

was taken to the government hospital for a 

re-test since earlier post mortem tests were 

not conducted in the presence of the police. 9 


torture 

Police highhandedness and torture 

continued to be reported from Karnataka. 

Even children were not spared. 

On 1 January 2004, about ten 

policemen attached to Hoyasala patron 

squad allegedly beat up Dr Vijayabhaskar, 

an ex-major in the army and resident of 

Kanakapura road, and his father in 

Kumaraswamy Layout police station 

limits. They were beaten up for protesting 

against the nuisance being created by 

inebriated policemen around 1.30 a.m. 10 

On 25 May 2004, Vinod Raj and John 

Peter were allegedly beaten by the 

personnel of the MEG Centre and Training 

area, Bangalore. They were assaulted after 

tying their hands with ropes. 11 

On 28 May 2004, 16-year-old 

Bonison Gustin Fernandes was allegedly 

beaten by police of Chendia in Karwar in 

North Kannada District. He was suspected 

of stealing some articles from the hotel 

where he served as a room boy. The 

beating by the police left Fernandes semiconscious. 

The hotel authorities and the 

police then allegedly tried to 

systematically cover up the entire incident 

as they dropped him back home after 

giving him cursory treatment at a private 

hospital. As his condition grew critical, he 

had to be reportedly rushed to civil 

hospital on the morning of 3 June 2004. 12 

In June 2004, Nagesh, an office boy of 

Journalists Association, was allegedly 

beaten up by police in the K R police 

station, Mysore after he was reportedly 

picked up from the Association’s office 

following a complaint by one Jayes Kumar 

accusing Nagesh of stealing his mobile. 13 

On 18 June 2004, Kokila, a 

transsexual, was allegedly accosted by 10 

unidentified persons on Old Madras Road. 

They allegedly took her to a ground and 

119


raped her. After sometime two policemen 

arrived at the spot and managed to arrest 

two culprits. They abused Kokila in filthy 

language and took her to the 

Byappanahalli police station, Bangalore 

along with the two miscreants. According 

to her, in the police station, she was 

stripped naked, handcuffed and beaten up. 

The policemen allegedly tortured her 

sexually. 14 

On 26 October 2004, two minor boys, 

aged 13 and 15 years, hailing from 

Chandapura under Anekal Taluk, 

Bangalore were allegedly subjected to 

brutal torture by the police in the custody 

of the MICO Layout police station in 

Bangalore. The boys were handed over to 

the MICO Layout police after they were 

caught stealing a mobile phone from a 

youth hostel in Madivala on the same day. 

The police allegedly abused them and even 

administered electric shocks to elicit a 

confession. They were later handed over to 

the Makkala Sahayavani (an initiative of 

the Bangalore City Police to attend 

problems of children) who in turn 

produced them before the Child Welfare 

Committee. Nina Nayak, the chairperson 

of the Committee, reportedly stated that 

the children could barely sit due to the 

physical injuries they had suffered. Police 

had repeatedly squashed the younger boy’s 

thumb with their boots due to which it had 

severely swollen. Both the children have 

welt marks, which could only made by a 

police baton. 15 Later in an identification 

parade, the children reportedly identified a 

police constable, Chikkalingaiah as the 

120 

torturer. 16 

iii. Violence against women 

The Karnataka Police have also been 

responsible for violence against women 

including rape. 

An undertrial lodged in the Gulbarga 

Central Jail, Sridevi Saidappa from 

Dhudani in Maharashtra alleged that she 

was raped by two police constables 

identified as Rukmakanth and Siddanna 

on the evening of 4 October 2004. She 

was being escorted back to the Gulbarga 

Central Jail from Aland, where she was 

taken for a hearing in the Aland court. 

Woman constable Shoba, who was 

accompanying the party, was allegedly 

sent away by the constables. The police 

constables, however, denied the 

allegation. A medical examination 

conducted at the District General Hospital 

in Gulbarga also reportedly found no 

physical marks on her body. The doctors 

sent the smears for examination at the 

forensic laboratory, Bangalore. 17 Earlier in 

February 2004, the Supreme Court in a 

judgement on another rape case at 

Athnoor village in Gulbarga district held 

that absence of injuries on the body of the 

victim would not by itself be sufficient to 

discard the prosecution. 18 

On 20 October 2004, a police 

constable, Hanumanthappa in Jagalur, 

allegedly raped a 15-year-old schoolgirl of 

Class X. Constable Hanumanthappa 

accosted the girl when she was returning 

from a floor mill to her house near the 

police quarters at around 6:45 pm in the


evening. He allegedly tied her both hands 

and raped her. A case was registered at the 

Jagalur police station, and the accused 

police constable was arrested. 19 


The Dalits continued to face atrocities 

from the upper castes. They could be 

assaulted even for not driving a tractor 

slowly in front of the upper caste or for 

dancing in local suggi festival. 

On 12 May 2004, activists of the Jati 

Vinasha Vedike protested in front of 

Deputy Commissioner’s office in 

Chikmagalur condemning the increasing 

trend of atrocities on the Dalits. The Dalit 

families in a village near Tarikere were 

assaulted for not voting for the upper caste 

candidate in the assembly elections. A 

pregnant Dalit woman was allegedly 

assaulted and the hand of another Dalit 

was reportedly broken in the attack. 20 

In August 2004, BJP-Bajrang Dal 

activists allegedly demolished the house of 

a Dalit, Lakshman in Bramhin Keppige 

village of Sagar taluk in Shimoga district. 

An FIR was filed against Bajrang Dal 

activist K H Sudarshan and others, but 

none was arrested. 21 

IV. Atrocities against the Adivasis 

Indigenous peoples living in various 

reserve forest areas have been facing threat 

of evictions. In June 2004, the forest 

department reportedly decided to order the 

Indian Survey Department to conduct a 

survey into the encroachments at Sirivase, 

Bhayravalli, Karagur, Bhagamane and 

Belgodu villages in Masagali area and 

Sargodu, Darshana, Korala Talagur, 

Kundur, Hegudalu, Kove, Chikkarane and 

Talavar villages of Sargodu area. 22 

About 54 tribal settlements inside the 

Nagarahole National Park have also been 

facing similar threats of eviction. A 

sizeable tribal population has already been 

relocated outside the park area. Gathering 

of minor forest produce for commercial 

purposes and felling of trees have been 

totally banned in Protected Areas. 23 

The state government reportedly 

submitted a proposal to the Centre for 

releasing Rs 60 crores to buy private land 

and distribute it among those who want to 

come out of the revenue enclaves in the 

Kudremukh National Park area. On 28 

October 2004, the Additional Chief 

Secretary and Development 

Commissioner, Chiranjeev Singh, claimed 

that nearly 200 persons residing inside the 

park area have expressed their desire to 

shift from the forests. He said 105 persons 

in the revenue enclaves within the park 

would be given “pattas” and those living in 

such enclaves would not be evicted. 24 

The announcement came a day after 

the killing of two women activists of Kanti 

Kari Mahila Sangha in a police encounter 

at Bollottu village in Udupi district. Local 

bodies such as the Kudremukh Rastriya 

Udayana Virodhi Vakoota and a number of 

local groups have been resisting the 

formation of the park since it would lead to 

the large-scale relocation of people. In 

1987, the Karnataka forest department 

issued a preliminary notification declaring 

121


62,000 hectares as the temporary area of 

the national park. It covered two state 

forests and two reserve forests across 38 

villages, five taluks and three zilas. In 

2001, the state government issued the final 

notification. While 57,628 hectre area was 

declared as the national park, 3703 

hectares of forestland was notified for the 

purpose of mining. 25 

In December 2004, the villagers of the 

Mallandur Gram Panchayat from 

Byaravalli, Avati, Beranagodu, Siragodu, 

and other villages under the Masagali 

Forest limits, claimed that out of 1297 

acres of reserve land under the Masagali 

forest limit, 867 acres are revenue land. 

More than 200 families who have been 

living in the Masagali forest limit for many 

years and all possess valid documents to 

prove that government had sanctioned 

their lands. 26 

On 28 December 2004, District 

Progressive Tribal Association and several 

other tribal welfare organisations took out 

a procession in Mysore demanding 

implementation of welfare measures 

directly by the state government instead of 

the Zilla Panchayat and Taluk Panchayat, 

constitution of a high-level investigation 

from the Centre and the State governments 

on the alleged misuse of reservation given 

to tribals, undertaking training 

programmes for the tribal youth, providing 

of fair price shops in tribal areas and 

Antyodaya (Below Poverty Line) cards for 

tribal families and upgradation of Ashram 

schools in tribal areas. 27 

Those who were espousing the rights 

122 

of the indigenous peoples have been facing 

threats from the forest authorities. On 28 

April 2004, a special panel of the Supreme 

Court gave some reprieve to Kudremukh 

Wildlife Foundation (KWF), an NGO 

which was allegedly targeted by forest 

officials for exposing a series of violations 

of apex court orders pertaining to the 

Kudremukh National Park. The Forest 

Department had reportedly sent a list of 78 

questions to the NGO, ranging from their 

source of funding, registration details to 

permission required to work within the 

forest. Charges were later slapped under 

the Wildlife Protection Act and the 

Karnataka Forest Rules for trespassing 

into the park in 2001. On 19 April 2004, 

the Deputy Conservator of Forests Anita 

Arekal reportedly issued summons to the 

NGO. Three days later, the DCF raided the 

premises of Niren Jain, a KWF member, 

and seized computers, diaries and 

documents. The Supreme Court panel has 

decided to set up an independent inquiry 

and stayed the summons against the KWF 

issued by the Forest Department till the 

probe report was filed. 28 

V. Prisons and prisoners 

Besides deaths of undertrials, torture 

of prisoners, unhygienic cells, substandard 

food and lack of medical facilities 

were common in the prisons. 

On the night of 2 July 2004, an 

undertrial named Hanumanthraya 

Madivalappa Biradara of Aski village in 

Sindagi taluk allegedly committed suicide 

by hanging inside the Bijapur prison. 29


In December 2004, a convicted 

prisoner, Ramesh alias Shivkumar 

alleged ill treatment by authorities at the 

Gulbarga Central Jail. He alleged that he 

had been kept in solitary confinement 

since his transfer to the jail from Bijapur 

on 31 October 2004. Besides inflicting 

mental torture, he was not given proper 

food and medical attention. He 

complained of unhygienic cells, 

inadequate and sub-standard food, and 

absence of proper medical facilities to the 

inmates. He further complained that those 

who complain of any deficiencies to the 

Jail Superintendent during his rounds 

were ill treated by the officials later. 

Instead of providing medical assistance to 

the inmates who were ill, they were just 

locked up in their cells. He also prayed 

for immediate medical attention of a 

convict named Seenu, who was allegedly 

ill critically. 30 

Hundreds of undertrials were denied 

justice due to inordinate judicial delay. On 

24 February 2004, an undertrial Ravi alias 

Raviprasad, an accused involved in eight 

theft cases pelted a stone at the Principal 

Civil Judge (junior grade) Krishnaraj 

during hearing. Though the cases were 

registered two and a half years ago and he 

admitted to having committed the theft, 

the judge could not pass a judgement. He 

was produced time and again before the 

court. 31 

Hundreds of others however were not 

produced before the courts due to acute 

shortage of escort staff. In the Parappana 

Agrahara central jail, there were 3,585 

prisoners, and more than 65 per cent were 

undertrials. This meant that every day, 

around some 350 to 400 prisoners had to 

be produced before various courts in and 

around Bangalore. The escort staff 

strength was 227 and only 100 or 110 

prisoners were produced before the courts 

daily. Mr B S Abbai, Deputy Inspector 

General of Prisons, Parappana Agrahara 

Central Prison, stated that they were short 

of 200 policemen for escort duty. Taking 

into account the plight of undertrials, the 

High Court gave permission for sittings of 

criminal courts in the jail premises. The 

sittings were held on 14 August 2004, 22 

August 2004, 30 September 2004 and 1 

October 2004. In the first two sittings, as 

many as 594 cases were reportedly closed. 

Around 100 persons were produced 

through video-conferencing daily. Yet, the 

agony of the undertrials continued. 32 

VI. Rights of the Child: Child 

Labour 

According to a UNICEF report titled 

“The State of the World’s Children 2005”, 

61.4 per cent of the children are deprived 

of toilet facilities, 16.5 per cent are 

severely underweight, 13 per cent do not 

use drinking water from a pipe or an hand 

pump, 13.7 per cent live in Kaccha houses 

and 10.1 per cent have not been to school 

in Karnataka. 33 

Child labour is rampant in the state. 

According to Minister of State for Labour 

and Haj, Tanvir Sait, there were over 

39,000 child labourers in the state, of 

which the Labour Department had 

123


identified 7,000 children employed in 

hazardous and 32,000 children in nonhazardous 

industries. 34 

The NGOs put the figure much higher. 

Child labour is particularly the most serious 

in Davangere district. There are more than 

600 puffed rice factories in the district 

which employ one child labourer on an 

average. As none of them are officially 

registered as industries, the children 

working in these factories are treated as 

labourers engaged in domestic sector. The 

Child Labour (Prohibition and Regulation) 

Act of 1986, which bars employing of 

children in hazardous sectors, does not 

prescribe any punishment for employing of 

child labourers in domestic sector. Many 

child labourers lose their lives. Among the 

22 cases of children’s death which have 

come to the notice of Campaign Against 

Child Labour-Karnataka (CACL-K) since 

1997, only in three cases conviction had 

taken place. Six cases were settled for 

paltry compensation, while seven cases 

were still pending. Two cases were under 

investigation by Criminal Investigation 

124 

Department. 35 

On 8 January 2004, Venkatesh, a 

witness in the Hangarahalli bonded labour 

case in Mandya who testified before the 

District Additional and Sessions Judge H P 

Sandesh, alleged that their legs were 

chained, and they were forced to clean the 

excreta without wearing clothes. Venkatesh 

also alleged that the mine owners had 

threatened them to say that they were tied 

for a cinema shooting. The mine labourers 

Krishna and Venkatachala were questioned 

on 6 January 2004, when the trial of the 

case began in Mandya. They reportedly 

identified the photos and chains. 36 

Taahir Ali, a 13-year-old child 

labourer, died on the night of 11 

December 2004 after he fell into a 

cauldron and sustained burn injuries 

while working in a puffed rice factory in 

Davangere on 6 December 2004. In his 

dying declaration, Taahir stated that he 

got injured while working in a factory 

owned by one named Sharifulla, who 

fled. The boy’s parents did not file any 

case against the employer. 37 

■

Chapter13 

Kerala 

I. Overview 

Ruled by the Congress Party, Kerala despite having no internal 

armed conflict continues to witness serious human rights 

violations by the law enforcement personnel. The use of 

electric shock batons against students of Pariyaram Medical College 

campus during a lathi-charge on 18 October 2004 indicates the use 

of illegal and disproportionate force. The police have also been 

responsible for custodial death, arbitrary arrest, detention and 

torture.

INDIA HUMAN RIGHTS REPORT 2005 Kerala 

Land alienation of the Adivasis, 

indigenous peoples is a serious problem. 

There have also been reports of sexual 

exploitation of tribal girls and killing of 

children by unwed tribal mothers. 

Extreme poverty and burden of debt 

forced many farmers to commit suicide by 

consuming pesticides. As many as 17 

farmers committed suicide in March and 

April 2004 with 11 farmers in Wayanad 

district, 2 in Kannur district, and one each 

in Kasargod, Palakkad, Kottayam and 

Idukki districts. 

The weak functioning of the State 

Human Rights Commission remained a 

serious concern. On 11 March 2004, the 

Kerala High Court temporarily stayed the 

functioning of the State Human Rights 

Commission until a full Commission was 

constituted as provided under Section 21 

of the Human Rights Protection Act of 

1993. The court held that the appointment 

of the two members without constituting a 

five-member full Commission was not in 

accordance with law. 1 

II. Human rights violations by law 

enforcement personnel 


The law enforcement personnel 

continued to be responsible for serious 

human rights violations including arbitrary 

deprivation of the right to life. The 

custodial deaths have been consistently 

rising in Kerala. The National Human 

Rights Commission registered 20 

custodial deaths in 1999-2000 in Kerala, 

126 

27 in 2000-2001, 37 in 2001-2002 and 54 

in 2002-2003. 2 

On 16 May 2004, A.P. Sajeev of 

Kodannur NSS Nagar, Thrissur, died in 

police custody after being taken into 

custody by a traffic police team along with 

his pillion rider, V.J. Manoj of Kodannur, 

on charges of drunken driving from 

Kizhakkumpattukara in the city. Sajeev 

allegedly refused to accompany the police 

to the station for breath analysis but he was 

taken to the police station in the jeep of the 

Flying Squad. The police stated that he 

was taken to the Thrissur Medical College 

Hospital when he complained of chest 

pain, but died before reaching the hospital. 

Manoj alleged that the police had tortured 

Sajeev in the jeep. 3 

On 12 October 2004, a 30-year-old 

man, Shibu, a driver reportedly died in the 

police custody of the Thrissur Town West 

Police Station in Kerala. Shibu was found 

dead in the toilet of the police station after 

he along with two other men was arrested 

and detained at the Thrissur Town West 

Police Station on the charges of possessing 

cannabis on 11 October 2004. The police 

claimed to have seized 3 kilograms of 

cannabis at the time of the arrest. The 

family members of the deceased, however, 

alleged that Shibu had no criminal record 

and had been in a good condition at the 

time of his arrest. They alleged that he had 

died due to brutal torture while the police 

claimed that the victim had committed 

suicide out of shame. The victim’s family 

alleged that they saw the victim’s body 

having cuts and bruises, indicating that he


had been brutally tortured prior to his 

death. There were allegedly blood clots on 

many parts of his body and cuts and 

bruises on his head, ear, chest and 

abdomen. The post-mortem was 

reportedly carried out by a police surgeon. 4 


The Kerala Police resorted to torture 

and other inhuman and degrading 

treatment. The police also used electric 

shock batons during lathi charge. 

Three youth, two of them identified as 

Iqbal and Bava, were allegedly illegally 

detained and assaulted by the police at the 

Bantwal police station in Mangalore 

district on 11 and 12 January 2004. 

Bantwal police had registered a case 

against three on a complaint from 

Rathnakar Shetty, the main accused in the 

murder of Isubu, a petty trader at Kalladka. 

But all the youth obtained anticipatory 

bail, under which they needed to present 

themselves at the station every Sunday. 

The police allegedly detained them for 

nearly five hours on 11 January 2004 

without obtaining their signatures and 

directed them to come back the next day. 

On 12 January 2004 the youth were 

allegedly assaulted at the police station for 

12 hours. Bava had to be operated upon in 

a private hospital. The PUCL Mangalore 

district unit claimed that Iqbal was not 

even an accused. 5 

On 15 January 2004, Mohammed 

Siddique, a laboratory technician in 

Malappuram, was allegedly picked up by 

the Malappuram police from his house in 

connection with his marriage with Femina, 

daughter of a wealthy businessman, without 

the consent of her family members in 

December 2003. He was kept in illegal 

detention till 21 January 2004 and was 

tortured during his detention. He allegedly 

suffered from serious internal injuries, 

which were certified by a doctor. The police 

told him that he would be released only 

after the marriage was cancelled and he 

signed some blank papers. On 15 January 

2004, Mohammed’s mother lodged a 

complaint before the District Collector as 

well as the Superintendent of Police, but no 

action was initiated. The next day i.e. on 16 

January 2004, she filed a write petition (Cr 

No.16 of 2004) before the High Court of 

Kerala to have her son produced in court as 

the police had earlier denied the arrest. The 

police finally produced the victim before 

the court on 21 January 2004 and the court 

ordered him to be released after executing a 

bond worth Rs. 25,000/- and with a 

condition not to leave the State without 

sanction from the court. The court directed 

the Manjeri District Sessions judge to 

conduct an inquiry into the alleged torture 

of the victim by the Malappuram police 

during detention. 6 

On 18 October 2004, police allegedly 

used electric shock batons during lathi 

charge on protesting student activists who 

were waving black flags at a visiting 

minister at the Pariyaram Medical College 

campus, Kannur. Some of the 

demonstrators were stripped of their dhotis 

and the eletric shock batons were used at 

sensitive parts. 7 

127


Impunity is one of the root causes of 

continued violations by the State Police. 

On 4 February 2004, the Kerala Lok 

Ayukta recommended to Director General 

of Police to order a departmental enquiry 

into the actions of the head constable 

Sugathan of Ettumanoor Police Station, 

Kottayam for torturing one P.K. Joy, a 

small-scale merchant on 26 April 2003. 

But no action was taken. With no other 

option, Joy had to file a petition before the 

Kerala High Court on 3 May 2004. 8 

III. Atrocities against indigenous 

peoples 

While Kerala did not witness any 

major violent incident like the killings at 

Muthanga on February 2003, the Adivasis, 

indigenous and tribal peoples, continued to 

be exploited by “non-tribals” who have 

been gradually usurping their lands. 

On 18 October 2004, the Central 

Bureau of Investigation (CBI) filed three 

charge sheets against 184 persons after its 

investigation into the police's violent 

repression of landless adivasis' occupation 

of land in the Muthanga Wildlife Reserve 

on 19 February 2005. The Adivasis were 

protesting against the government's failure 

to comply with an agreement made to 

provide 53,000 landless Adivasi families 

with up to 5 acres of land and include these 

areas under the Vth Schedule of the 

Constitution. Under the first charge sheet, 

21 persons have been charged with 

murder. The second charge-sheet pertained 

to trespassing in the reserve. The third is 

regarding the forest officials' detention 

128 

when they and others were caught redhanded 

setting fire to the forests so that the 

blame could be put on the agitating 

adivasis and this could then be used as a 

pretext to forcibly evict them. 

The CBI, however, absolved the 

police, forest officials and the mafia of any 

crime or human rights violations. The CBI 

has stated that the agitation was initially 

peaceful. Later, erecting check-points and 

not allowing forest officials entry into the 

forest placed impediments on the normal 

functioning of forest officials. The CBI 

stated that the use of force by the police 

was after all legal formalities had been 

observed. C.K Janu, the adivasi leader, 

has approached the Kerala High Court to 

appoint a special investigative team to 

unearth the truth. 9 

The government of Kerala however 

has taken little measures to provide the 

lands to the Adivasis as land alienation 

continues.Over 500 hectares of tribal land 

spreading across 28 tribal settlements in 

the Thiruvananthapuram forest territorial 

division have been reportedly 

“alienated”. 10 

In 1998, sixty-one Kani families in 

the Vettikkavu settlement in the 

Peringamala area of Thiruvananthapuram 

forest territorial division were given 

assistance under a scheme of the Rubber 

Board to grow rubber trees in their 

landholdings. When the rubber trees 

became ripe for tapping, non-tribals 

gradually began to usurp the lands of the 

tribals in exchange for a meager sum of


money. The land alienation at the 

Theviyarkunnu settlement in the 

Chooliyamala area of the territorial 

division is reportedly so complete that not 

a single tribal family is found there now. 

A stretch of 118 hectares of tribal land in 

this settlement is entirely with wealthy 

non-tribals. 11 

There have also been reports of sexual 

exploitation of the tribal women. 

According to official estimates, there are 

about 300 unwed mothers in Wayanad 

district. For the victims, the raising of these 

children has not only been a challenge but 

also a psychological trauma. Girls who 

become pregnant before marriage are excommunicated. 

Though the Kerala 

Women’s Commission’s initiative by 

enforcing DNA tests has reportedly 

checked the widespread sexual exploitation 

of the tribal women to some extent, the 

victims continued to suffer in silence. A 

Malayalam weekly magazine claimed that 

unwed tribal mothers in remote Tirunelli 

forests in Wayanad district had been killing 

their children “frequently”. 12 

IV. Farmers’ death 

Extreme poverty and burden of debt 

forced many farmers to commit suicide by 

consuming pesticides. 

On 3 April 2004, three farmers 

reportedly committed suicide. One of them 

was identified as Mathew Thomas, who 

consumed pesticide in front of the public 

at Mundakkayam town in Kottayam 

district. The others reportedly took the 

extreme step due to harassment by the 

goondas, anti-social elements, employed 

by private banks. 13 

At least 17 farmers committed 

suicide due to crop loss in drought in 

April and May 2004. The farmers include 

11 from Wayanad district, 2 from Kannur 

district, and one each in Kasargod, 

Palakkad, Kottayam and Idukki districts. 

The state government reportedly paid Rs 

50,000 each to the families of 11 farmers 

who died in Wayanad district. 14 

Following the death of three more 

farmers on 3 April 2004, the state 

government reportedly declared a sixmonth 

moratorium on farm loans, and 

doubled the relief package for droughthit 

farmers depending on their crop 

loss. 15 On 31 May 2004, National Human 

Rights Commission issued a suo motu 

notice to the state government. 16 

■ 

129


130

Chapter14 

Madhya Pradesh 

I. Overview 

Ruled by the Bharatiya Janata Party (BJP), Madhya Pradesh 

witnessed serious human rights violations against the Dalits, 

indigenous peoples and religious minorities (please refer to 

the thematic chapter on attacks on religious minorities). 

The Madhya Pradesh Police were responsible for arbitrary 

arrest, detention and torture, arbitrary, summary and unlawful 

deprivation of the right to life. The police enjoyed virtual impunity. 

In November 2004, the Supreme Court upheld the conviction of a

INDIA HUMAN RIGHTS REPORT 2005 Madhya Pradesh 

police officer responsible for custodial 

death of a convict, Shambhu Tyagi in June 

1984. However, most custodial deaths 

went unpunished like the death of Hamid 

Khan on 15 June 1995, Govind Prasad of 

1997, Pancham Kachhi of 1998 and Kesar 

Singh of 2001. 2 In February 2004, Justice 

R D Shukla, former Chairman of the 

Madhya Pradesh State Human Rights 

Commission stated that the state 

government had been non-cooperative. 3 

Violence against women including 

rape, molestation, dowry harassment and 

dowry deaths, was widespread. Even 

mediaeval form of atrocity against women 

namely Sati has been reported to be alive 

in the rural parts of the state. 

The Dalit and indigenous women 

were vulnerable, especially of rape by the 

upper caste and the law enforcement 

personnel. On the night of 8 July 2004, 

three women of a Dalit family were 

allegedly gang raped by about thirty men 

belonging to upper caste at Bhamtola 

village under Kahniwara police station in 

Seoni district in retaliation for elopement 

of a Dalit boy with an upper caste girl. 4 

The residents remained mute spectators to 

the ghastly act. 5 

The Dalits are subject to humiliation, 

torture, rape, social boycott, and 

systematic discrimination and execution. 

When landless Dalits get patta (ownership 

deed) from the government, the upper 

castes chase them away and grab their 

lands under the noses of the authorities. 

Adivasis, indigenous peoples face 

serious human rights violations and 

132 

continued to be displaced and evicted from 

their traditional habitations. There have 

been reports of serious violations of the 

rights of the scheduled tribes by both the 

state and the non-state actors. On 4 July 

2004, forest officials and police reportedly 

attacked the Korku tribals in Bhandarpani 

area in Betul district, destroyed their 

properties, and forcibly evicted them. 

Many were taken to undisclosed locations 

forcing one Bakat Singh Korku, whose 

wife and six children went missing after 

the raid to file a habeas corpus in the 

Jabalpur Bench of the Madhya Pradesh 

High Court. 

The state government failed to 

implement the directions of the Supreme 

Court and the Narmada Water Disputes 

Tribunal Award stating that land should be 

made available to the oustees at least a 

year in advance before submergence. 

Following the increase of the height of 

Indira Sagar Dam height to 245 meters, 

34,882 families residing in 120 villages in 

Khandwa district were displaced and 

thousands were not rehabilitated. At least 

10,000 families have been under threats of 

submergence and displacement without 

any resettlement due to increase in the 

Sardar Sarovar dam height to 110 metres 

without rehabilitating the already 

displaced persons. 

Prison conditions remained 

deplorable. There have been reports of 

deaths of several prisoners due to lack of 

medical facilities and negligence of the 

administration. Sexual abuses in the 

prisons have also been reported.


Religious minorities faced 

persecutions at the hands of the 

fundamentalist Hindu groups. 6 

II. Atrocities security forces 

NHRC recorded high number of 

custodial deaths in Madhya Pradesh with 

71 cases registered in 1999-2000, 48 cases 

in 2000-2001, 45 cases in 2001-2002 and 

37 cases in 2002-2003. 7 

On 15 July 2004, Commercial Tax 

Deputy Commissioner R. K. Jain died 

while in Lok Ayukta police custody in 

Bhopal. He was arrested on 14 July 2004 

from his office for allegedly accepting Rs 

2,000 as bribe. He died at the Hamidia 

hospital at around 1.30 p.m. after he was 

shifted there in critical condition. Jain’s 

relatives alleged that he was murdered by 

the police. 8 On 16 July 2004, then chief 

minister Ms Uma Bharati announced that a 

judicial inquiry into the incident would be 

ordered. 9 

On 25 July 2004, a minor tribal boy, 

Bablu alias Jaibhan of Gram Danayacha in 

Sheopur district died in the custody of the 

Birpur police station. The Birpur police 

picked him up along with another tribal boy 

Ummaid while they were working in a 

field. Police told the relatives that they 

would be released after interrogation. But 

they were kept behind bars from 16 July to 

20 July 2004. Bablu was shifted to Seopur 

sub-jail on 21 July 2004 as his health started 

deteriorating. Later, he was admitted to 

Seopur district hospital from where he was 

referred to Gwalior hospital but died en 

route. The police cremated his body without 

informing the family members. 10 

Although in November 2004, the 

Supreme Court upheld the conviction of a 

police officer, who was responsible for 

custodial death of a convict, Shambhu 

Tyagi in June 1984, the culprits of most 

custodial deaths went unpunished. 11 

On 15 June 1995, Hamid Khan died in 

police lock-up in Raisen district. After a 

magisterial inquiry, criminal cases were 

registered against some police personnel. 

Later the police sought to close the case 

but the court did not allow this. However, 

the culprits were yet to be punished. In 

1997, Govind Prasad died in police 

custody in Rewa. A case was registered 

and a magisterial inquiry was ordered. But 

the viscera report of the case was not 

obtained till July 2001. No action has been 

taken against any body for custodial death 

of Govind Prasad. In 1998, Pancham 

Kachhi died in police lock-up in Morena. 

The magisterial inquiry absolved the 

police officials. The State Human Rights 

Commission was not satisfied with the 

report and queried from the police who 

failed to reply for four years. In May 2001, 

Sundar, an undertrial, was found dead in 

Rajgarh district jail. It was revealed that 

the deceased Sundar was handcuffed and 

was kept hanging upside down. Hot water 

was poured on him and he was severely 

beaten up for two days. When his 

condition became precarious he was taken 

to hospital where he died. According to the 

doctors he was “brought dead”; but no 

action has been taken against any 

policeman. In July 2001, Kesar Singh was 

133


arrested by the police in Indore in 

connection with a crime. He was taken to 

hospital the very next day in a serious 

condition. When his condition became 

critical he was released on bail. Kesar 

Singh died on the same day and post 

mortem report found 36 injury marks on 

his body. A magisterial inquiry confirmed 

his death due to police beatings. 12 

Many are also killed in indiscriminate 

police firing. On 26 October 2004, Jai 

Prakash was killed and three other persons 

were injured in police firing at a mob 

under Shahjehanabad police station in 

Bhopal. 13 Sub-Inspector Rajeev Jangle and 

constable Abhilakh Singh Ahirwar were 

suspended for the firing. Chief Minister 

Babulal Gaur announced Rs 1 lakh aid to 

deceased’s family, Rs 25,000 each to the 

injured persons in the police firing, and 

also ordered a magisterial inquiry into the 

incident. 14 

On 4 December 2004, at least six 

persons were injured in police lathi charge 

at the protestors at Retghat locality on VIP 

road in Bhopal, who were demanding 

immediate arrest of the accused of the 

murder of Shahid-ul-Hassan on the night 

of 3 December 2004. One Rafiq-ul-Islam 

was seriously injured in the head, and one 

Jagdeesh sustained fracture injury in the 

right leg. The agitators alleged that Talaiya 

police station in-charge, SM Zaidi had 

unnecessarily ordered the use of force on 

peaceful agitators. 15 

134 

III. Prisons and prisoners 

In March 2004, the Madhya Pradesh 

State Human Rights Commission held that 

it is the responsibility of the government to 

provide medical treatment facilities to the 

convicts, and any negligence on the part of 

the government in providing timely 

treatment would amount to violation of his 

human rights. 16 Yet many prisoners 

continue to die due to absence of medical 

facilities. 

In May 2004, the Madhya Pradesh 

State Human Rights Commission stated 

that a magisterial report into the death of 

Vishali, an inmate of Katni sub-jail who 

died on 15 August 2001, held Dr Nirmal 

Jasooja, Dr KK Jain, jailer Dr VBS 

Gaharwar and inspector PS Chaudhury 

guilty of not providing timely medical 

treatment to the deceased. Vishali was 

lodged in Katni sub-jail on 3 May 2001. 

When he fell ill, he was sent to Katni 

District Hospital for treatment. His 

treatment continued till 1 August 2005. He 

was referred to Medical College Jabalpur 

but could not be sent there, as there was no 

arrangement of police guard. He was 

suffering from malaria and his 

haemoglobin count had fallen to 

dangerously low levels. In the absence of 

treatment Vishali died on 15 August 2001. 17 

The investigation conducted by 

MPHRC into the death of Omprakash, an 

inmate of Datia district jail on 15 January 

2003 also revealed that there was 

negligence in providing timely treatment 

to the victim, who died of TB in District 

Hospital. The Commission served show 

cause notices to Jail Superintendent and 

Jailer of District Jail, Datia and JA


Hospital Superintendent Dr Mathur and 

physician Dr PK Jain. The Commission 

also recommended to the state government 

to provide compensation of Rs 25,000 to 

the dependants of Omprakash. 18 

There have been reports of rampant 

sexual abuse of the newcomers in the 

prisons by old inmates and there were no 

protection. In September 2004, 24-yearold 

Khalid had been allegedly sodomised 

four times by three different inmates 

during his 14-day judicial custody at 

Bhopal prison. He complained to the jail 

authorities against sodomy but they 

reportedly expressed helplessness. 19 


Crimes against women including rape, 

molestation, dowry harassment and dowry 

deaths continued unabated. The Dalit and 

indigenous women were extremely 

vulnerable. 

In April 2004, the Sarguja district 

court sentenced four police jawans to ten 

years of rigorous punishment for raping a 

17-year-old girl after her abduction on 30 

August 2001. 20 

Assistant Sub-Inspector Pradeep 

Gurjar of the Bairagarh police station in 

Bhopal was suspended for his alleged 

misbehaviour with women of a family 

where he had gone to arrest an accused for 

gambling on the night of 22 November 

2004. 21 

Mediaeval practices such as Sati is 

still alive in the state. On 4 September 

2004, a police party led by Superintendent 

of police Yogesh Deshmukh foiled a bid of 

Foolrani to commit Sati at the funeral pyre 

of her husband Sunderlal Shivhara at 

Simri village in Panna district. 22 

V. Atrocities against the Dalits 

The Dalits continued to face 

systematic atrocities in Madhya Pradesh. 

The mass rape of three Dalit women by 

30 upper caste Yadavs on 8 July 2004 at 

Bhamtola viullage under Kahniwara 

police station of Seoni district 

highlighted the gruesome violence 

perpetrated on the Dalits. 

On 3 February 2004, a Dalit leader 

and president of Barogarh Janpad, Badri 

Khangar in Chhatarpur district was 

reportedly beaten up brutally and blinded 

by the upper castes. His elder brother, 

Thakurdeen was shot dead when he tried 

to flee. 23 

On 15 August 2004, Sona Bai, a dalit 

BJP MLA from Patharia constituency, was 

allegedly prevented from hoisting the 

national flag on the Independence Day at 

Patharia in Damoh district. She alleged 

that Janpad President Raghuveer Singh 

and a few policemen did not allow her to 

hoist the national flag during the function 

because of being a Dalit. “They called me 

Chamaria and also manhandled me... I 

have received an injury on my right hand,” 

she alleged. She also alleged that when she 

tried to register a police complaint, the 

police inspector and Sub-Divisional 

Magistrate turned her away. 24 

There are reports that the upper caste 

parents refused to allow their wards from 

sharing utensils with the Dalit children 

135


during mid-day meal in a government 

primary school in Poorankhedi village in 

Shivpuri district. The school authority had 

to start maintaining a separate kitchen for 

the schoolchildren belonging to the Dalits 

and the indigenous peoples. 25 

In October 2004, upper caste Hindus 

beat up the Dalits mercilessly in Sehora 

Khurd area in Raisen district, burnt their 

crops and looted their belongings. But 

when the Dalits went to the Gairatganj 

police station to lodge a complaint they 

were arrested and cases under Section 307 

Indian Penal Code for attempted murder 

were filed against them. When the 

aggrieved dalit women approached the 

local police station, their complaint was 

not registered. 26 

When the landless Dalits get patta 

(ownership deed) from the government, 

the farmers from the upper castes chase 

them away and grab their lands under the 

noses of the authorities. In August 2004, 

many landless Dalits like Achhelal 

Chamar, Barelal Chamar, Lachhu Chamar, 

Nonelal Chamar and Gorelal Chamar from 

Shivrajpur village of Chhatarpur district 

got patta (ownership deed). But when they 

began to till their land, they were assaulted 

and chased away by goons allegedly hired 

by the rich farmers belonging to the upper 

caste. 27 

There have also been innumerable 

instances where the government granted 

pattas of uncultivated or waste land to 

Dalits, who then laboured hard and made 

their lands cultivable only to find that their 

ownership deeds had been cancelled on 

136 

some pretext or the other. The pattas of the 

twenty-five Dalit families of Amrod Taj, 

Duparia Jheel and Dandi villages in 

Sehore district were cancelled reportedly 

on frivolous grounds. 28 

Violence against the Dalit women 

On the night of 8 February 2004, a 

Dalit woman was allegedly raped inside 

her room and then set on fire by her 

landlord and his friend in Tulsi Nagar 

colony in Shivpuri district. The victim 

reportedly sustained 90 per cent burn 

injuries and was admitted to the district 

hospital in Shivpuri. Police registered 

cases of rape and attempt to murder 

against the accused. 29 

On 3 March 2004, a 13-year-old Dalit 

girl identified as Geeta Saket was 

reportedly found dead in the hostel’s 

bathroom at the St Mary School’s hostel at 

Devsar, Sidhi district. The hostel authority 

and the police said she had committed 

suicide. But the post mortem on her body 

revealed that she was raped before she 

died. 30 

On 15 March 2004, a 23-year-old 

Dalit housewife was allegedly abducted 

from her house at the Kamlaganj area in 

Shivpuri district and gangraped by three 

unidentified persons. 31 

On the night of 8 July 2004, three 

women of a Dalit family were allegedly 

gang raped by about thirty men belonging 

to upper caste Yadav community at 

Bhamtola village under Kahniwara police 

station in Seoni district. The accused 

attacked the house of Govardhan and


dragged his wife, sister-in-law and 

daughter-in-law. The accused later beat up 

the three women and gang-raped them. 

The gang rape was suspected to be in 

retaliation for elopement of Govardhan’s 

son, Nilesh with a 15-year-old Yadav girl. 

The village council had earlier set 8 July 

2004 deadline to produce the girl before 

it. 32 On 11 July 2004, the state government 

ordered a probe into the incident. The state 

government also threatened to impose 

“community fine” on the entire village 

where residents remained mute spectators 

to the ghastly act. 33 On 16 July 2004, 

Union Home Minister Shivraj Patil 

informed the Lok Sabha that police so far 

arrested 11 persons in connection with the 

gang rape and suspended two police 

officials for the negligence of duty. 34 

On 9 July 2004, a Dalit woman was 

allegedly stripped in full public view at 

Khadi village in Sehore district by the 

sarpanch of the village. 35 

On 11 July 2004, a 32-year-old Dalit 

woman was allegedly raped by four men in 

Keolari village in Damoh district, and 

another Dalit woman was raped by two 

men in her house in Ajeetpur village in the 

same district. The police could not arrest 

the accused of both the rape cases. 36 

On 27 August 2004, a Dalit woman 

was allegedly stripped in public by one 

Raja, a youth belonging to upper caste 

Pandit community at the Nivari village 

under the Rehli Police Station in Sagar 

district. The victim alleged that she went 

to Raja’s house to apologise for the 

damage done to his crop by her cattle, but 

Raja refused to listen to her explanation 

and thrashed her while using caste-specific 

abuses. He then forcibly disrobed her in 

full public view. A case was reportedly 

registered against the accused. 37 

On 1 November 2004, a Dalit woman 

identified as Ramkali Bai wife of Gulab 

Harijan was allegedly brutally tortured by 

five upper caste men for drawing water 

from a handpump reserved for them in a 

village in Vidisha district. The accused 

allegedly hung her upside down from a 

tree, beaten up and chilli powder was 

rubbed into her private parts. Both her 

hands were fractured and the right leg was 

broken due to the beating. Later the upper 

caste men threatened the Dalit couple 

against reporting the matter to the police. 

Although the couple filed a complaint with 

the local police on 1 November 2004, no 

action was taken against the accused. The 

couple then petitioned the Superintendent 

of Police of Vidisha on 5 November 2004, 

and then to the Collector on 2 December 

2004; but still no action was taken against 

the accused because the prime accused 

happened to be a relative of a local cop. 

The Superintendent of Police of Vidisha 

did refer her to the Civil Hospital but 

doctors there refused to operate upon her. 

They allegedly turned her away after 

casting a plaster over the broken limbs. 

They recast the plaster on 28 November 

2004 but the arbitrary manner of treatment 

left Ramkali with partially paralysed 

limbs. The police however contested the 

claim of torture made by the victim. DIG 

Sanjiv Kumar Singh said that a DSP sent 

137


to the concerned village to conduct an 

inquiry had found the complaint to be 

“without basis”. 38 

VI. Atrocities against the Adivasis 

In February 2004, MLA Vanshmani 

Prasad Verma alleged in the state 

Assembly House that Tribal women were 

illegally detained and manhandled by 

police at Jeowar police station in Sidhi 

district, and the accused were not allowed 

to attend the funeral of a relative who died 

in shock. He also alleged that tribals in the 

area were being tortured and terrorized by 

the police. Replying to the question, state 

Home Minister Jagdish Vuvel said Jeowar 

police station in-charge Umashankar 

Baghel had been suspended following an 

inquiry by the Superintendent of Police, 

Satna. The home minister also admitted 

that the accused were detained for more 

than two days before being presented 

before the magistrate. 39 

On the night of 5 April 2004, a 21year-old 

tribal woman, resident of 

Gargaghat, was allegedly gang raped by 

three persons, including Innu Mussalman 

and his brother Rashid Mussalman, at 

Sideshwar Road, three kilometers away 

from Patan tehsil headquarters in Jabalpur 

district. The police reportedly registered a 

case under Indian Penal Code and the 

Scheduled Castes and Scheduled Tribes 

(Prevention of Atrocities) Act, and arrested 

Innu Mussalman and Rashid Mussalman. 40 

On 17 April 2004, unidentified 

miscreants barged into the residence of 

Budhhu Baiga, a tribal, and murdered him 

138 

in Umaria district. They also abducted his 

two daughters and released one of them 

after gang raping her. A case was 

registered against the unidentified 

accused. 41 

In July 2004, a tribal woman was 

allegedly gangraped by four unidentified 

persons near Jari Ki Tiwariya village in 

Sheopur district. According to the police 

the woman was on her way to a doctor 

with her brother-in-law when she was 

gangraped by four armed men. 42 

i. Displacement 

On 21 February 2004, the Supreme 

Court stayed orders of the central 

government to regularize land rights of the 

tribals in Madhya Pradesh and Tripura on 

the grounds of jeopardizing over two lakh 

hectares of forest. 43 The Central 

government had reportedly decided to 

convert 310 forest villages of Madhya 

Pradesh into revenue villages, and to 

regularize forest encroachments prior to 

enforcement of Forest Conservation Act, 

1980. 44 

In violation of the Central 

government’s direction not to evict the 

settlement of tribal families on forestland 

where they had been living prior to 

1993, 45 Korku tribals were forcibly 

evicted from Bhandarpani area in Betul 

district on 4 July 2004. According to 

Anurag Modi of the Shramik Adivasi 

Sangathan, about 50 men of the Revenue, 

Forest and Police Departments entered 

Bhandrapani village in Betul district in 

the evening of 4 July 2004. They


committed all sorts of atrocities on the 

tribals and took away 73 tribal men, 

women and children with them next 

morning. While 32 of them were later 

traced huddled up in community centres 

of Handipani and Hiravadi villages, 41 of 

them were still not traceable. 46 The tribals 

have been left homeless and destitute due 

to the eviction. Although Betul 

administration claimed that all the 

displaced tribals had been rehabilitated, 

Anurag Modi said it was not true. 47 One 

Bakat Singh Korku, whose wife and six 

children went missing, filed a habeas 

corpus in the Jabalpur Bench of the 

Madhya Pradesh High Court. On 9 July 

2004, the High Court directed the state 

government, district superintendent of 

police and divisional forest officer (north 

division) to produce the missing tribals 

before the court on 19 July 2004. 48 

On 17 July 2004, a team of 50 police, 

forest & revenue personnel entered 

Ghorpadmal village under Mohda police 

station. They dragged tribal women out of 

their houses; misbehaved with them and 

later abused and terrorised the villagers. To 

cover up the incident, police reportedly 

registered false cases of dacoity against 13 

tribals. 49 

ii. Displacement due to Indira Sagar 

Project 

According to official sources, 34,882 

families residing in 120 villages in 

Khandwa district of Madhya Pradesh were 

displaced by the Indira Sagar Dam, as its 

height has been raised to 245 meters. As 

many as 97 villages in Harsud were 

evacuated by 6 July 2004, 50 and as many as 

29,403 families were reportedly 

rehabilitated as on 7 July 2004. A sum of 

Rs 888.25 crore was reportedly distributed 

to the affected families in the form of 

compensation for their immovable 

properties and different grants. 51 The 

government provided ‘temporary shelters’ 

in the form of tin-sheds to the oustees in a 

50-hectare rehabilitation site in Chanera, 

about 17 kms from Harsud. 

But the rehabilitation site did not 

have even the basic facilities. There was 

no power and water supply, and the 

oustees were supposed to build their own 

houses. Absence of adequate facilities at 

the rehabilitation site forced many of the 

displaced families to shift to other nearby 

towns, where landowners charged 

exorbitant rents from them. 52 The 

Narmada Bachao Andolan alleged that 

the Narmada Hydroelectric Development 

Corporation extensively used bulldozers 

and police force to vacate the villages. 

Although the people living in these 

villages should have been fully 

rehabilitated by 31 December 2003, even 

resettlement sites were not built for 27 of 

these 32 villages. Compensation was 

distributed a few weeks before the 

submergence deadline of 30 of June 

2004. Many villagers also did not get 

compensation. 53 

iii. Displacement due to Sardar Sarovar 

Project 

Amongst the 30 large dams planned 

139


for the Narmada, the Sardar Sarovar dam 

(proposed height is 136.5 m) is the largest 

and is likely to displace more than 320,000 

tribal people and affect the livelihood of 

thousands of others. 54 

On 8 October 2000, the Supreme Court 

authorised construction upto the originally 

planned height of 138m in 5-meter 

increments subject to receiving approval 

from the Relief and Rehabilitation 

Subgroup of the Narmada Control 

Authority. The Narmada Water Disputes 

Tribunal Award stated that land should be 

made available to the oustees at least a year 

in advance before submergence. 55 However, 

the state government failed to implement 

the directions of the Supreme Court and the 

Narmada Water Disputes Tribunal Award. 

Yet, on 13 March 2004, the Narmada 

Control Authority (NCA) allowed the 

raising of the Sardar Sarovar dam height 

to 110 metres. At least 10,000 families in 

Madhya Pradesh and at least 1500 tribal 

families in Maharashtra were under 

threats of submergence and displacement 

without any resettlement. On 8 May 

2004, over 200 tribal families from nine 

villages on the banks of Narmada, 

affected by the 110 meters of the Sardar 

Sarovar dam, launched the Bhoomi Hakk 

Satyagraha (land right Satyagraha) by 

occupying the denuded forest land in 

Nandurbar district in Maharashtra. The 

state government failed to provide them 

with land-based resettlement, despite 

repeated assurances, recommendations by 

government appointed committees and 

written declarations. 56 

140 

VII. Status of Madhya Pradesh 

State Human Rights Commission 

Madhya Pradesh State Human Rights 

Commission reportedly registered a total 

of 13,438 cases from 1 April 2003 to 25 

February 2004. Of these 7,452 were 

resolved and 3,205 pending cases were 

settled. 57 Maximum number of complaints 

relate to police atrocities. 58 

There are reports of non-compliance of 

the Commission’s recommendations by the 

state government. During the period of 

1999-2004, the Commission recommended 

324 cases to the state government for 

paying compensation, out of which 94 were 

fully complied by the state government and 

41 were partially followed, thus leaving 230 

cases still pending compliance. The State 

Human Rights Commission had 4497 

pending complaints in 2000-01, 8760 

complaints in 2001-02, 10,389 complaints 

in 2002-03, and 13,170 complaints in 2003- 

04. 59 In February 2004, Justice R D Shukla 

after his retirement as chairman of the 

MPSHRC reportedly admitted that the state 

government had been non-cooperative and 

there was lack of coordination among the 

fellow members of the Commission. 60 

In April 2004, Madhya Pradesh State 

Human Rights Commission 

recommended payment of Rs 5,000 as 

compensation to an aged blacksmith, 

Hiralal Lohapita, for willful harassment 

and beating by Bairagarh police two-and 

a-half year ago. In his complaint to the 

Commission, Ramprasad Lohapita, the 

victim’s son, alleged that policemen 

headed by the Bairagarh station in-charge


had barged into their shantytown and 

started harassing people, arrested his 

father and confined him for a night in 

illegal custody. An investigation 

conducted by the MPHRC found that 

Hiralul had been illegally picked up by 

constables Netram Kishenlal, Rajbhan 

Singh and M Sharma in an attempt to put 

pressure on his sons. 61 

VIII. Atrocities by the armed 


Madhya Pradesh is the land of dreaded 

dacoits such as Dayaram-Rambabu 

Gadariya, Nirbhay Gujjar, Rajjan Gujjar, 

Pahalwan Gujjar, Hajrat Rawat, etc. They 

continued to rule the Chambal ravines and 

the forests nearby. The dreaded Gadariya 

gang of dacoits gunned down 13 Gujjars at 

Bhanwarpura in Gwalior district in 

October 2004. 

Extortion and kidnapping are the main 

sources of income in the badlands. Six 

districts - Gwalior, Shivpuri, Morena, 

Bhind, Datiya and Sheopur - alone 

witnessed over 450 kidnappings in the past 

five years. The dreaded bandits allegedly 

have nexus with the police and 

politicians. 62 

The Naxalites have also been active in 

the state. On the night of 8 January 2004, a 

group of armed Naxals looted 150 sacks of 

paddy, gold and silver jewelry, livestock 

and Rs 30,000 from the house of Poonam 

Durga, the village headman of Gangalur in 

Bijapur district. Durga and his family 

members were tied up and assaulted by the 

Naxals. 63 

■ 

141


142

Chapter15 

Maharashtra 

I. Overview 

Ruled by the Congress and Nationalist Congress Party 

coalition, Maharashtra continued to witness serious human 

rights violations. The State police have been responsible for 

custodial death, rape and torture. Although in a few cases, death in 

custody was established such as that of Khwaja Yunus, a prime 

suspect in Ghotkopar blast case of 2 December 2002, most custodial 

deaths went unpunished.

INDIA HUMAN RIGHTS REPORT 2005 Maharashtra 

The Dalits continued to face physical 

violence as well as boycott by the upper 

caste Hindus for making attempts to 

access the public places including water 

wells. 

The conditions of the Adivasis, 

indigenous peoples in Maharashtra 

remained deplorable. On 5 July 2004, state 

government acknowledged that more than 

9,000 tribal children below the age of six 

years died of starvation/ malnutrition in 15 

districts of Maharashtra between April 

2003 and May 2004. As many as 1,041 

children died of malnutrition during April- 

May 2004. 1 The Naxalites have reportedly 

strengthened their activities in tribaldominated 

districts of Gadchiroli, Gondia 

and Chandrapur. 2 

In violation of the Supreme Court 

order of 2000, the Maharashtra 

government raised the height of the Sardar 

Sarovar dam without resettling the already 

affected families. On 13 March 2004, the 

Narmada Control Authority allowed 

raising of the Sadar Sarovar dam height 

from 100 metres to 110 metres though 

thousands of families were not resettled. 

On 4 June 2004, the state government 

announced a three-member panel headed 

by former High Court judge 

Chandrashekhar Dharmadhikari to review 

the Maharashtra Control of Organised 

Crime Act (MCOCA). 3 On different 

occasions, courts found misuse of the 

MCOCA and the Prevention of Terrorism 

Act, 2002. On 16 April 2004, Zaheer 

Ahmed Sheikh, the prime accused in the 

blast of a BEST bus at Ghatkopar on 2 

144 

December 2002 that left two persons dead 

and 34 injured, was reportedly granted bail 

for Rs 1 lakhs following the ruling of the 

Central POTA Review Committee that 

there was no prima-facie evidence against 

him. 4 



executions 


responsible for widespread human rights 

violations including the deprivation of the 

right to life. The NHRC had registered 156 

cases of custodial deaths in 1999-2000, 

123 cases in 2000-2001, 152 cases in 

2001-2002 and 143 cases in 2002-2003 in 

the state. 5 

On 25 February 2004, Dasharath 

Shankar Thorat died in the custody of the 

Khadki police Station in Pune. Police 

claimed that the deceased was a drug 

addict and had died a natural death. The 

case was later handed over to state 

Criminal Investigation Department (CID) 

for investigation, which revealed that 

Thorat had been severely beaten and had 

died due to injuries. Six policemen - Sub- 

Inspector Ashok Randive, constable B P 

Gadankush, constable Ravi Chippa, 

constable H B Jagtap, constable B D 

Udadade, and constable Umesh Dhendewere 

charged with murder. A civilian, 

Alisagar Saudagar, was also charged for 

participating in the conspiracy to cover up 

the custodial death. 6 

On 12 March 2004, 40-year-old Cracy


alias Shobha David Carvalho, a homeless 

who lived on a footpath outside 

Churchgate railway station, allegedly 

committed suicide by hanging herself 

from the ceiling fan in a woman lock-up at 

Bandra police station in North West 

Mumbai. The deceased was arrested in a 

theft case three days prior to her death and 

was remanded to police custody till 12 

March 2004 by the Metropolitan Court at 

Bandra (East). On 12 March 2004, she was 

again produced before the Metropolitan 

court where she was further remanded to 

police custody till 17 March 2004. 

According to the police, as soon as the 

lady constable who escorted her to the 

ladies room located in the premises of the 

police station stepped out to bring water, 

she immediately closed the main door of 

the room and committed suicide with the 

help of her sari. 7 

In April 2004, the Nagpur bench of the 

Bombay High Court reportedly summoned 

the Inspector General of Police (CID) in 

connection with ‘unsatisfactory’ 

investigation into the alleged unnatural 

death of Sheikh Baba Alias Sheikh Rasul, 

who died in police custody at Digras 

police station in Yavatmal district of 

Vidarbha region on 11 November 2003. 

The victim’s widow, Munira Begum, 

stated that Sheikh was arrested by Digras 

police on 8 November 2003 for an offence 

punishable under Section 379 of Indian 

Penal Code. A Magistrate remanded him to 

police custody where Sheikh was tortured 

and succumbed to the injuries. Later the 

police allegedly tried to cover up the death 

by trying to make it look like a suicide. 

The petitioner filed a criminal petition 

seeking compensation and fair and speedy 

investigations into Sheikh’s unnatural 

death. 8 

On 31 August 2004, 33-year-old 

Girish Narendra Vavekar died in police 

custody of Meghwadi police station in 

Mumbai allegedly because of torture. He 

was arrested on 28 August 2004 in an 

assault case. On 30 August 2004, he was 

produced before the metropolitan court, 

which sent him to judicial custody till 30n 

August 2004. However, while he was 

being transferred from police remand to 

judicial custody at the Central prison in the 

city, his condition worsened. He was 

rushed to the JJ Hospital where he was 

admitted to ward no 9. While undergoing 

treatment, he vomited blood and died at 

around 1.30 am on 31 August 2004. 9 

On 2 September 2004, 36-year-old 

Ashok Babu Sasi, a resident of Khar, died 

at Babha hospital at Bandra in Mumbai 

while in police custody. He was arrested 

by the Azad Maiden police on 17 August 

2004 in a two-wheeler theft case. Police 

took Sasi into custody on 31 August 2004 

to ascertain if he was involved in the theft 

case in their jurisdiction. On the same day 

Sasi was taken to a hospital for the 

mandatory check up where his health was 

found to be normal. However, late in the 

night Sasi allegedly complained of illness 

and was admitted to Babha Hospital at 

Bandra where he was undergoing 

treatment for pneumonia. Police said he 

died at the hospital at around 5 am on 2 

145


October 2004. The investigation into the 

custodial death was transferred to the 

crime branch. 10 

Khwaja Yunus, a prime suspect in 

Ghotkopar blast case of 2 December 2002 

whom the police alleged of escaping from 

the police custody on 7 January 2003, was 

found to have been killed in police 

custody. Police claimed that he had 

escaped from custody when the jeep taking 

him to Aurangabad from Mumbai for 

investigation met with an accident. 

However, the co-accused in the same case, 

Mohammad Mateen and Zaheer Sheikh, 

claimed that the police had tortured Yunus 

and he was vomiting blood when they last 

saw him on 6 January 2003. The case was 

later investigated by the Criminal 

Investigation Department. On 3 March 

2004, the Assistant Police Inspector, 

Sachin Vaze, was arrested and charged 

with conspiring to cause custodial death, 

destroying evidence and framing incorrect 

records. On 30 April 2004, the Bombay 

High Court observed that the FIR filed by 

Sub-Inspector Sachin Vaze on the 

disappearance of Yunus was false and 

fictitious and directed the State 

government to treat the statement of 

another accused in the Ghatkopar case, Dr. 

Abdul Matin, as the First Information 

Report. The Bombay High Court directed 

the Special POTA judge to look at their 

evidence and, if necessary, initiate 

criminal action against the police 

including three constables - Rajaram 

Nikram, Sunil Desai and Rajendra Tiwari, 

senior police inspector Arun Borade, 

146 

Inspector Sachin Vaze, and Assistant 

Commissioner of Police (Crime), 

Ambadas Pote. 11 None of the orders passed 

by the Bombay High Court was complied 

with at the end of the year. The CID 

challenged the Bombay High Court order 

before the Supreme Court. On 9 August 

2004, Supreme Court rejected CID’s plea 

and upheld the Bombay High Court’s 

judgement. 12 

ii. Violence Against Women 

The law enforcement personnel were 

also responsible for violence against 

women including rape. 

A 17-year-old Adivasi domestic 

servant, a resident of Wadgaon village in 

Amravati, was allegedly raped by Deputy 

Superintendent of Police (DSP), Prakash 

Awhare at his residence at Mazgaon 

colony under Byculla police station in 

Mumbai after which he threw her out of 

the house at 2 am on 1 September 2004. 

The accused allegedly threatened the girl 

with dire consequences if she revealed the 

matter to any one. A case against the DSP 

was registered with Kalachowkie police 

station following recovery of the victim 

from the street by a stranger. The police 

arrested DSP Prakash Awhare on 2 

September 2004 and produced him before 

a metropolitan magistrate for necessary 

directions. He was initially remanded to 

police custody. 13 

On the night of 5 October 2004, an 18year-old 

girl of Sangvi in Pune was 

allegedly raped by two men clad in army 

uniform in the fields adjoining the 16


Maratha Battalion camp at Pimpale-Gurav, 

Pune. Medical tests of the victim at the 

Yashwantrao Chavan memorial hospital in 

Pimpri confirmed the rape. On 12 October 

2004, Indian Army personnel Basavraj 

Darnayewar, a native of Belgaum, was 

arrested by the Chatushrungi police for his 

alleged involvement in the rape after the 

victim identified him during a test 

identification parade. 14 

On 9 December 2004, a police 

constable identified as Gopinath Desai 

attached to the Kasturba Marg police 

station was arrested and charged with rape 

and abduction of a minor girl of 14 years. 

Both constable Desai and the girl were 

residents of Charkop in Kandivli (West). 

The girl tutored Desai’s school-going 

children and regularly went to his house. 

However, on 4 December 2004 when she 

did not return home, the girl’s father filed 

a complaint and the police started probing 

the girl’s disappearance. Later the police 

arrested the constable and rescued the girl 

from a hotel in Goa. 15 

iii. Torture 

There were reports of torture and other 

harrassment by the law enforcement 

personnel. 

On 15 February 2004, City 

Commissioner Prabhakar Lohar ordered 

arrest of 35 policemen of Nashik Road 

Central Jail for their alleged involvement in 

the beating and harassment of civilians 

during a search operation to trace an 

escaped prisoner on 14 February 2004. A 

case was also registered against them. 16 

On the night of 16 May 2004, 

Shashikant Bar and Restaurant owner, 

Shashikant was allegedly assaulted by 

police constable DP Salunkhe and his 

associate SM Garud at the restaurant at 

Mahakali Road, Mumbai. While the police 

constable threatened Shashikant by 

showing his police identity card, his 

associate invoked his Shiv Sena links and 

refused to pay the bill of Rs 240. Having 

been thrown out of the hotel by the staff, 

four other men came to the hotel on the 

same night and attacked the hotel staff 

with paper knife and alcohol bottles. 

Shashikant sustained injury on the left side 

of his face and skull, and received a deep 

wound on the chest. He had to be admitted 

at Holy Spirit Hospital. Following a 

complaint, the police arrested police 

constable DP Salunkhe and his associate 

SM Garud on 18 May 2004. They were 

later released on a bail of Rs 4000 each by 

the metropolitan court. 17 


The Dalits faced atrocities ranging 

from physical abuse to social boycott by 

the upper castes. 

The Dalits of Kuravade village in 

Mangaon taluka of Raigad district had 

reportedly been facing social boycott by 

the upper caste since March 2003 after 

they drew water from the common village 

well. The Dalits had to draw water from 

the common well after some miscreants 

threw human excreta in the well near their 

hamlet, following an altercation with 

them. To avoid further confrontation, the 

147


local administration laid a separate 

pipeline for the ten Dalit families of the 

village. But the social boycott proved to be 

terrifying for them. They were no longer 

invited to the wedding or social pujas. The 

upper caste would not share their 

agricultural tools, even on rental basis, 

with the dalit farmers. Labourers 

belonging to the upper caste refused to 

work in the dalits’ field, compelling the 

dalits to hire labour from remote villages 

with more pay. 18 

On 2 May 2004, a 35-year-old Dalit 

named Bhagwan Mahadeo Lad was 

allegedly beaten up by a group of upper 

caste people when he demanded equal 

distribution of water among all villagers in 

Shirur village in Pune district. A case was 

registered against six persons of Nimone 

village in Shirur taluka under various 

sections of Indian Penal Code as well as 

Prevention of SCs/STs Atrocities Act and 

Protection of Civil Rights Act. 19 

On 23 May 2004, a Dalit woman 

named Mandabai Hivrale reportedly 

immolated herself outside the MIDC 

police station in Aurangabad after police 

allegedly refused to lodge her complaint. 

The victim, in her dying declaration before 

a magistrate, had allegedly blamed the 

Assistant Inspector Dayaram Bhoite, who 

allegedly ordered his subordinates to move 

her out since he was having a meeting with 

social workers in his chamber at that 

time. 20 Another version of the incident, 

however, alleged that the police officer 

had burnt the Dalit woman alive. But 

Bhoite denied this and told investigators 

148 

that the woman had set fire herself. 21 

Bhoite was suspended on 24 May 2004 

and the case was handed over to the CID 

for investigation. On 25 May 2004 the 

State Home Department reportedly issued 

orders to the investigating officers to 

register cases against the accused. 22 

III. Atrocities against the Adivasis 

The tribals live in remote and 

inaccessible areas. Thousands have been 

displaced (please read the chapter on 

Madhya Pradesh) in the Narmada dam. 

Diseases and malnutrition are common 

among them. They have little access to 

schools and health care facilities. 23 The 

government officials seldom visit tribal 

areas. In May 2004, the Nagpur bench of 

Bombay High Court ordered Nagpur 

Collector A D Kale and Divisional 

Commissioner S K Sharma to pay regular 

visits to remote tribal villages such as 

Binagunda in Gadchiroli district. 24 

Malnutrition and starvation deaths 

The tribals are poorest in the State and 

they become disproportionate victims of 

starvation death. In the face of 

governmental apathy, hunger, malnutrition 

and death have become a way of life for 

the indigenous peoples in Maharashtra. 

Government records in June 2004 

showed that out of 37,524 children below 

the age of six in Melghat region, only 

12,376 were of normal weight. The rest 

were suffering from various grades of 

malnutrition, with over a thousand under 

the severely malnourished categories.


Activists, however, claimed that more than 

50 per cent of the children were 

malnourished in the two blocks of Dharni 

and Chikhaldhara, and at least 200 children 

had died since April 2004. In July 2004, the 

government claimed that only 86 children 

had died from April to June 2004. 25 This is 

despite the fact that on 5 June 2004, 

government acknowledged that more than 

9,000 tribal children below the age of six 

years died of starvation and malnutrition in 

15 districts of Maharashtra between April 

2003 and May 2004. During April-May 

2004 alone as many as 1,041 children 

reportedly died of malnutrition. Out of 

them, 807 were from five districts of Thane, 

Nashik, Amravati, Nandurbar and 

Gadchiroli. 26 During April - June 2004, 435 

children reportedly died in Nandurbar 

District27 and 86 children died in Dharni and 

Chikaldhara talukas in the Melghat region 

of Amravati district. Every year, at least 500 

children reportedly die of malnutrition 

related causes in Melghat region. 28 

On 6 July 2004, the Bombay High 

Court directed the State’s Director of 

Health Services to submit a report on the 

alleged malnutrition and starvation deaths 

along with recommendations to tackle it. 29 

The Director admitted that there were 

deaths of 1,041 children in April-May 

2004 due to various other reasons like 

typhoid, pneumonia and snake-bites 

besides malnutrition. 

The state authorities systematically 

tried to cover up the staggering figure of 

starvation deaths. On 9 July 2004, Chief 

Minister Sushil Kumar Shinde himself 

denied his government’s figures of above 

1,000 tribal children dying due to 

starvation as “highly exaggerated”. 30 He 

reportedly stated on 16 July 2004 that only 

59 deaths of tribal children occurred 

between April-May 2004. 31 

There were little serious attempts to 

control malnutrition and starvation 

deaths. “Operation Karn” programme 

launched in June 2004 by the Amravati 

district administration failed to contain 

malnutrition deaths. The scheme covered 

only the grade four malnourished 

children, that too not without disparity. 32 

To ensure the Adivasis’ presence at the 

hospitals, the state government provided 

a daily payment of Rs 40 each, the 

equivalent of a day’s wages. But the 

insincerity on the part of the 

administration and health department is 

best exposed from the reported statement 

of Dr Geetanjali Joshi, a medical officer 

at the Jamser Primary Health Centre: 

“The adivasis are basically dirty so we 

don’t bother too much about hygiene. 

They wouldn’t understand”. 33 

According to the Child Mortality 

Evaluation Committee headed by leading 

health activist Abhay Bang, set up by the 

government of Maharashtra to study the 

problem of infant mortality in the state, an 

estimated 160,000 infants died every year 

due to malnutrition in Maharashtra. The 

committee held that apathy and negligence 

on the part of the state’s healthcare 

machinery were responsible for the high 

number of infant deaths. The first report of 

the Abhay Bang committee presented to 

149


the state legislature on 18 December 2004 

by state health minister Vimal Mundada 

stated that 82,000 children died every year 

in rural Maharashtra, excluding the 23,500 

kids who died in the tribal areas. In urban 

slums, 56,000 children died every year. 

According to the survey, most of the 

deaths were caused by malnutrition and 

infection. Nearly 80 per cent of the deaths 

happened due to stillbirth, pneumonia and 

diarrhoea. 34 

IV. Misuse of POTA and MCOCA 

There have been allegations of 

misuse of the Prevention of Terrorists Act 

(POTA) and Maharashtra Control of 

Organised Crime Act (MCOCA). On 4 

June 2004, the State government 

announced a three-member panel headed 

by former High Court judge 

Chandrashekhar Dharmadhikari to 

review the MCOCA. 35 

On 13 February 2004, the state 

government announced the decision to drop 

charges filed under POTA against 29 people, 

most of whom were arrested in a riots case 

150 

in Solapur in 2003, at the recommendation 

of the state-level review committee on 

POTA cases, headed by Additional Chief 

Secretary (Home) Suresh Kumar. 36 

On 16 April 2004 Zaheer Ahmed 

Sheikh, the prime accused in the blast of a 

BEST bus at Ghatkopar on 2 December 

2002 that left two persons dead and 34 

injured, was reportedly granted bail for Rs 

1 lakh following the ruling of the Central 

POTA Review Committee that there was 

no prima facie evidence against him. 

Sheikh was arrested along with three 

others from Parbhani in Maharashtra on 27 

December 2002. 37 

On 20 October 2004, Saquib Nachen, 

a POTA accused in the Mulund blast case, 

filed an application seeking that Special 

Public Prosecutor Rohini Salian be booked 

under the POTA for providing false 

information to the court in his case. He has 

alleged that Salian charged him under 

POTA but later discharged him along with 

nine others. Nachen alleged that Salian 

had knowledge about the entire matter; but 

failed to act in his favour. 38 

■

Chapter16 

Manipur 

I. Overview 

The unusual form of protest by some members of Meira Paibis, 

women organisations, who stripped in front of the Kangla 

Fort, then headquarters of the Assam Rifles, on 15 July 2004 

and an equally unprecedented civil disobedience movement in 

Manipur in July and August 2004 put the spotlight on the human 

rights violations in Manipur. The alleged extrajudicial execution of 

Thangjam Manorama Devi on the night of 11 July 2004 by the 

Assam Rifles personnel sparked the protests demanding justice and

INDIA HUMAN RIGHTS REPORT 2005 Manipur 

the withdrawal of the Armed Forces 

Special Powers Act (AFSPA) of 1958. 

An array of leaders from the central 

government including Prime Minister 

Manmohan Singh visited Manipur in 

2004. In November 2004, Prime Minister 

formally handed over the Kangla Fort to 

the State government. In December, a 

Committee to Review the Armed Forces 

Special Powers Act (AFSPA) of 1958 was 

established. But peace remained elusive in 

Manipur. 

There are about two dozens armed 

opposition groups in Manipur. The main 

groups are United National Liberation 

Front (UNLF), People’s Revolutionary 

Party of Kangleipak (PREPAK), Kanglei 

Yaol Kanba Lup (KYKL), People’s United 

Liberation Front (PULF), North East 

Minority Peoples Front (NEMPF), Islamic 

National Front, Islamic Revolutionary 

Front (IRF), United Islamic Liberation 

Army (UILA), both Issac-Muivah and 

Kaplang factions of the National Socialist 

Council of Nagaland, Kuki National Army 

(KNA), Kuki National Front (KNF), Kuki 

Revolutionary Army (KRA) and Zomi 

Revolutionary Army (ZRA). 1 

While the precise number of central 

armed forces such as the Assam Rifles, 

Gorkha Rifles, Border Security Force 

personnel etc deployed in Manipur is not 

known, 16 additional companies of central 

paramilitary forces were deployed after 

the civil disobedience movement started 

on 15 July 2004. 2 


for systematic and gross human rights 

152 

violations including arbitrary arrest, 

detention, torture, rape and extrajudicial 

execution. 

Although on 10 May 2004, the 

Gauhati High Court found the 14 Sikh 

Light infantry guilty of extrajudicially 

killing a civilian, T Moni in 1998, 3 most 

extrajudicial executions go unpunished. In 

2004, the State government ordered eight 

inquiries into the alleged extrajudicial 

executions of 10 persons including 75year-old 

retired school teacher, L.D. 

Rengtuiwan. Not a single report has been 

made public. 

While altogether 264 cadres 

belonging to different banned 

organisations have reportedly been 

detained under the National Security Act 

(NSA) since January 2002 to 31 May 

2004, 4 the State government also used the 

NSA to suppress the civil disobedience 

movement against the AFSPA. On 19 

August 2004, the State government of 

Manipur detained 20 persons under 

National Security Act to suppress the civil 

disobedience movement against the 

AFSPA of 1958. 5 On 20 August 2004, the 

State Government slapped the National 

Security Act on 12 more persons, 

including 11 women who were picked up 

from Moirang Hanuba Leirak on 19 

August 2004 on charges of burning the 

national flag. 6 


also been responsible for systematic 


law standards such as kidnapping, hostage 

taking, extortion and killings. On 22


March 2004, Huidrom Shyamsunder alias 

Amujao, son of H Ibomcha of Wabagai 

Awang Leika, was reportedly shot dead at 

a place near Oriental Social Association, 

Wabagai Awang Leikai by the PREPAK. 7 

The conflict between the security 

forces and the armed opposition groups 

led to internal displacement. Over 600 

villagers of ten remote villages in and 

around Sajik Tampak area, near the Indo- 

Myanmar border, in Chandel district had 

to flee leaving behind all their belongings 

in the wake of a flush out operation 

launched by the security forces against the 

armed opposition groups in April 2004. 8 

The villagers’ movements were restricted 

and any goods brought from outside were 

thoroughly checked. Restriction was even 

imposed on the farmers to sow seeds for 

cultivation in their paddy fields. As a result 

some of the villagers reportedly suffered 

from starvation. 9 



executions 

The statistics of National Human 

Rights Commission belie the arbitrary 

deprivations of the right to life in Manipur. 

NHRC did not register a single case of 

custodial death in 2000-2001 and 2001- 

2002 in Manipur. It registered only one 

death in judicial custody in 2002-2003. 10 

On 2 March 2004, Assam Rifles 

personnel allegedly extrajudicially 

executed one Irungbam Samananda, son 

of (s/o) Ramdho of Pungdong-bam 

Awang Leikai at Nongpok Sanjen-thong 

under Lamlai Police Station, Imphal. 

While the Assam Rifles personnel 

claimed to have killed the deceased in an 

encounter and recovered one 9 mm pistol, 

one hand grenade and one WT set from 

his possession, the family members and 

the villagers alleged that he had been 

picked up by the Assam Rifles from his 

residence at about 11 p.m. on 29 February 

2004 without issuing any arrest memo. 

When local Meira Paibis protested and 

tried to stop illegal arrest of Samananda, 

the troops reportedly took him way 

through another road. The deceased was 

wearing Khudei (a loin cloth) at the time 

of the arrest and was bare-footed; but the 

dead body was found wearing army 

booths. 11 

On 7 March 2004, troops of 28 Assam 

Rifles reportedly killed three youth Md 

Azad Khan of Sangaiyumpham, 

Khumanthem Somorendro alias Somo and 

Thangjam Binoy both of Wangjing 

Lamding Khumanthem Leikai at Kshetri 

Leikai under Thoubal police station. The 

Assam Rifles claimed that they were 

underground activists, and that one AK 47 

rifle, one country-made carbine, one 

pistol, four SLR bullets and one detonator 

were recovered from them. However, 

family sources said that they were killed 

after being picked up from their 

residences. 12 On 4 October 2004, 

Thangjam Binoy’s mother Thangjam 

Ibempishak Devi filed a complaint with 

the Manipur Human Rights Commission 

against extrajudicial killing of her son. 13 

On 9 March 2004, troops of 33rd 

153


Assam Rifles gunned down Keisham 

Basanta alias Ingocha, suspected district 

commander of the armed opposition 

group, PREPAK, at Wabagai Tentha Road 

crossing near a Buffalo farm under 

Kakching Police Station in Thoubal 

district. The Assam Rifles claimed that one 

US-made 9 mm pistol with three bullets 

and one .36 hand grenade were recovered. 

He had reportedly joined the PREPAK 

about ten years back. Family sources, 

however, said that the Assam Rifles 

arrested him on 8 March 2004 from a 

house in Wabagai. 14 

Twenty-two-year-old Khundrakpam 

Tejkumar, a third year BA student of D M 

College of Arts, Imphal, was allegedly 

picked up near from his residence at 

Uripok Khoisnam Leikai area in Imphal 

West district around 12.30 a.m. on the 

intervening night of 9 and 10 March 2004 

by the Assam Rifles personnel. Tejkumar 

was participating in a Holi sports meet. On 

the morning of 10 March 2004, his dead 

body with bullet marks was reportedly 

found near a college in Naoremthong area 

of Imphal West, around two km from 

where he was picked up. 15 While the 

Assam Rifles claimed that Tej Kumar was 

killed in an encounter, the Uripok area 

residents charged the Assam Rifles 

personnel of killing him in cold blood. 16 

The Assam Rifles personnel shot dead 

one Khwairakpam Ratan Singh near his 

house at New Sekmai under Sekmai police 

station at 5 a.m. on 10 March 2004. The 

Assam Rifles claimed that some members 

of the armed opposition group had fired at 

154 

them in the area and that Ratan Singh was 

killed in the gunfight. They also claimed to 

have recovered one 9 mm pistol and three 

live rounds of ammunition from him. 

However, the family members of the 

victim rejected the Assam Rifles claim and 

stated that Ratan had been picked up 

shortly before he was shot dead. 17 

In the wee hours of 10 March 2004, 

the Assam Rifles personnel reportedly shot 

dead one Debeswar Singh in an alleged 

encounter at Waithou in Thoubal district 

and claimed that they found one .38 

revolver, one Kenwood set and one 

Chinese hand grenade. However, the 

family members of the deceased said he 

was picked up from his house on 9 March 

2004. They, however, admitted that 

Debeswar was a former activist of a 

banned armed opposition group. 18 


March 2004, Khumanthem Ajitkumar alias 

Naoba of Karang Mamang Leikai under 

Patsoi police station was allegedly 

extrajudicially executed by the army. At 

about 1 am on 15 March 2004, the army 

personnel reportedly came and forced 

open the main door of the deceased’s 

house, severely beaten his younger brother 

Dilip Kumar and father Nagor Singh. They 

also beat up the deceased and ransacked 

his room. He was asked to change from his 

Khudei to a pant, and forced to lead the 

security personnel to the residence of one 

Mayanglambam Mani at Kachikhul 

Mamang Leikai but Mani was not at home. 

Thereafter he was taken to his elder sister, 

Romita’s residence at Taokhong Lamkhai,


where the security personnel physically 

assaulted her. The army personnel dragged 

Naoba’s brother-in-law Romen out of his 

home and brought him to the road and was 

ordered to run. However, when Romen 

pleaded with an officer of the security 

personnel to save his life, one of them told 

him in Manipuri to go back. No sooner did 

he slowly started turning back, Romen 

heard the gunmen beating up Naoba. They 

also gave a short chase to Romen. Later 

on, the army personnel allegedly gunned 

down the deceased. In a report submitted 

to the Sekmai police station on 15 March 

2004, 19th Rajput Rifles claimed the 

deceased to be a militant and was killed in 

an encounter at Khurkhul Khongnang 

Makhong. 19 On 18 March 2004, family 

members reportedly accepted the dead 

body of Naoba after Chief Minister O 

Ibobi Singh had accepted their demand of 

handing over the case to the Central 

Bureau of Investigation. 20 

The 14th Assam Rifles personnel 

posted at Kangpokpi reportedly shot dead 

one Kamag Khongsai of Chalwa village at 

around 4.45 am on 16 March 2004 at the 

IT Road, Turibari under Kangpokpi police 

station in Senapati district. According to a 

Press Information Bureau (PIB) press 

release, Khongsai was shot dead when he 

along with another member of the armed 

opposition group tried to flee from the 

security forces during a search operation 

launched after receiving specific 

information about the presence of armed 

groups in the village. However, family 

members alleged that he was gunned down 

after being picked up by the security forces 

from Turibari at around 11.30 a.m. on 15 

March 2004. A sum of Rs 10,000 was also 

with him, but he was found dead with 

empty pockets. 21 

On 4 May 2004, Meghachandra 

Meitei of Leimapokpam Khunpham 

Makha Leikai was allegedly picked up 

from his residence by the personnel of 

17th Assam Rifles. The Assam Rifles 

personnel came in three vehicles at around 

4 am. Meghachandra was allegedly beaten 

up severely by the Assam Rifles personnel 

before he was hauled to their vehicle. No 

arrest warrant was issued to him. In the 

evening of the same day, the police 

recovered his body from New 

Keithelmanbi under Sapermeina police 

station of Senapati district. According to 

reports filed at the same police station, he 

was killed in an encounter with the 17th 

Assam Rifles personnel. Meghachandra 

was allegedly a former member of the 

proscribed PREPAK, but he reportedly 

severed links with the underground 

organisation about eight years back. On 5 

May 2004, Manipur government ordered a 

magisterial inquiry headed by Senapati 

District Deputy Commissioner T Pamei. 22 

On 25 May 2004, the Assam Rifles 

personnel reportedly gunned down 

Thangkhopao Khongsa and Lalengthang 

Kipgen of South Changoubung. Family 

members of the deceased alleged that they 

were killed after arrest from their 

respective residences, and refused to take 

back the bodies from the morgue of the 

Regional Medical Institutes in Imphal. The 

155


PIB Defence Wing in a statement said that 

the two were killed in a shootout with the 

Assam Rifles personnel and that they 

recovered two 9 mm pistols and assorted 

ammunition. On the other hand, family 

members stated Thangkhopao was 

engaged in carpentry work while 

Lalengthang was a farmer. 23 

On 31 May 2004, the body of 

Pheiroijam Sanajit, a relative of Manipur’s 

Food and Civil Supplies Minister 

Pheiroijam Parijat Singh, 24 was recovered 

at Mahajon corner situated between 

Senjam Chirang and Phumlo under 

Sekmai police station. PIB (Defence 

Wing) in a statement said the deceased 

was killed in an encounter with the 

security forces. However, the family 

members of the deceased alleged that 

security personnel had picked up Sanajit 

from his residence at about 1 am on 31 

May 2004. They kicked open the door of 

the house and dragged him out from his 

bed without issuing an arrest memo. 

Family members also alleged that though 

Sanajit was attired in a Khudei at the time 

of his arrest, they found him clad in 

camouflage at the morgue of Regional 

Institutes of Medical Sciences, Imphal. 

They observed that camouflage uniform 

did not fit him. The victim suffered 

multiple bullet wounds on the chest and 

stomach. 25 Following public protests, the 

Army authorities reportedly instituted an 

inquiry on 2 June 200426 but the family 

members refused to accept the dead body. 

On 3 June 2004, the police dumped the 

body on the courtyard of Sanajit’s house. 

156 

But the Joint Action Committee refused to 

accept the body. Later Sanajit’s family was 

allegedly pressured by the police to 

perform the last rites at the local 

crematorium. 27 

On 6 June 2004, the 38th Assam 

Rifles personnel reportedly gunned down 

two alleged Kuki National Front (Military 

Council) cadres identified as sergeant 

major Hekho Haokip of Molphei Tampak 

and Haopu of Churachandpur town. The 

Assam Rifles authorities, in an official 

release, claimed that they were killed in an 

encounter at Bungte Chiru village. The 

villagers however alleged that the troops 

entered the Bungte Chiru village in the 

wee hours of 6 June 2004 and cordoned 

the entire village. The troops then called 

out all male persons of the village to the 

village playground and conducted 

verification. After singling out the two 

alleged KNF (MC) cadres, the troops shot 

them dead later at around 9.15 near the 

village. After killing the two, the Assam 

Rifles troops also picked up four innocent 

villagers - Jamkhota Luphou, son of 

Satkhai of Maphou dam, Thangchou 

Vaiphei son of Touthang of Bethelpai 

village near Maphou Dam, Rengner Chiru 

son of Janru of Bungte Chiru village and 

Seiminthang son of late Satcaho of 

Tuibong village, Churachandpur. While 

Rengner Chiru was released on the same 

day, the other three were reportedly 

handed over to the Bishenpur police 

station on 7 June 2004. 28 

45-year-old Ashang Tangkhul, who 

ran a roadside eatery at Litan, was found


hanging by a leather belt from the roof of 

a toilet in the Litan police lock-up in 

Ukhrul district on the morning of 9 June 

2004. He was picked up by the Litan 

police following an altercation with his 

wife on 7 June 2004. 29 The villagers 

alleged that Thangkul was tortured to 

death and that his feet were touching the 

floor. Moreover, he was never in the habit 

of wearing a belt. 30 On 10 December 2004, 

the Manipur police submitted its interim 

investigation report before the Manipur 

Human Rights Commission absolving the 

police officials. The final report was 

pending as the viscera of the deceased had 

been sent for chemical analysis at Central 

Forensic Laboratory in Kolkata. 31 

On 10 June 2004, the personnel from 

the 33rd Assam Rifles extrajudicially 

executed Thokchom Doren alias Naba in 

an alleged fake encounter. Doren was 

arrested in the evening of 9 June 2004 

from Lamjao and was found dead the next 

morning. Members of the Meira Paibis 

asserted that Doren was innocent and had 

no connection whatsoever with any armed 

opposition group. He was a father of three 

and was living a desolate life after the 

death of two of his daughters. The post 

mortem was reportedly done without 

informing the family. 32 

On 27 June 2004, the 12th Garhwal 

Rifles personnel killed one Nameirakpam 

Mohan alias Kuber Singh of Jiribam 

Leingangpokpi in an alleged fake 

encounter in the vicinity of Jiribam 

railway station. The security forces 

claimed to have recovered a country made 

9 mm pistol with five live rounds and 

some empty cases from the possession of 

the deceased. Family members, however, 

accused the army of staging a fake 

encounter, claiming that the victim had 

been picked up from his home at around 

2:30 am on 27 June 2004 on the assurance 

that he would be released soon. 33 His dead 

body was handed over to the family 

members after a post-mortem. There were 

five bullet marks on his body, one each on 

his right shoulder, chest and stomach and 

two others on the left thigh. 34 

On 8 July 2004, the bullet-ridden body 

of Pastor Jamkholet Khongsai of Saichang 

village was found buried in the nearby 

jungle after he had gone to his field. He 

was survived by wife and five children and 

was the sole breadwinner of the family. 

Earlier, he was allegedly picked up by the 

security forces. 35 On 3 August 2004, 

Manipur State Human Rights Commission 

asked the Director General of Police 

(DGP) to submit a detailed report on the 

death of the pastor within four weeks. In 

its report to the MSHRC, the police gave 

clean chit to the Assam Rifles. 36 

On 31 August 2004, Imphal West 

Police commandos allegedly shot dead 

one Jamkholien Chongloi alias Yangmilien 

at his residence at Khongsai Veng under 

Lamphel police station. The victim was 

undergoing medical treatment at his 

residence after being hospitalised at 

Imphal Hospital on 25 August 2004. A 

team of police commandos of the Imphal 

West district came searching for the 

deceased at his house at 2.30 p.m. on 31 

157


August 2004. After forcing the family 

members out of the house, they dragged 

the deceased, who was then sleeping, from 

his bed to the courtyard. A man in civvies, 

who accompanied the police commando 

team, asked if he knew a person by the 

name of Lalboi in the village. When the 

deceased replied in negative, the man 

flashed out a gun and shot him at pointblank 

range without saying a word in front 

of the family members. The commando 

team also took away a motorbike (Pulsar 

150 cc MN 06S/4963) belonging to the 

victim’s elder brother, Seipahi Chongloi. 

Police later on announced that an activist 

of the proscribed outfit KRA had been 

killed at Khongsai Veng in an encounter. 37 

On 2 September 2004, Manipur 

Human Rights Commission asked the 

DGP to submit a detailed report within 

four weeks on the alleged extrajudicial 

execution of Ahongshangbam Nandalal of 

Khurai Kongpal Sajor Leikai on 21 May 

2004. The father of the deceased moved 

the MHRC alleging that his son was shot 

dead in cold blood without any reason by 

the Indian Reserve Battalion personnel. 38 

On the morning of 20 October 2004, 

one RK Sanajaoba was allegedly shot dead 

at point bank range by police escorts of the 

Officer-in-Charge of Patsoi police station 

at Sagol-band Khongnang Hogaibi in 

Imphal for not making way for the vehicle 

in which the squad was traveling along the 

crowded Imphal street. Jao was a nephew 

of former Chief Minister RK Jaichandra. 39 

The accused driver constable Ibomcha 

Singh was arrested on 21 October 2004. 40 

158 

At about 7.15 pm on 25 October 2004, 

the Imphal East police commandos 

allegedly gunned down three students 

identified as Limkhongam Baite, 

Thangpou Baite and Hemmingthang Baite 

in an encounter at a place between KR 

Lane and Golapati. While Limkholun 

Baite was a Geography Honours student of 

DM College, Thangpou Baite and 

Hemmingthang Baite were students of 

Moreh Govt High School. 41 The police 

claimed that the three tribal youth were 

members of the armed opposition groups 

and were carrying two hand grenades, a 

wireless communication set and some 

incriminating documents. On the other 

hand, Kuki Students’ Organisation (KSO) 

president stated that the deceased were 

innocent students. They were on their way 

to a Kuki church when the police waylaid 

them and executed them. 42 On 29 October 

2004, the State government suspended 

four police commandos Sub-Inspector Md 

Riyajuddin and constables Md Soukat Ali 

(861234), N Muhindro Singh (9801086) 

and Md Latif Rahaman (0101285). 43 On 11 

November 2004, the state government 

appointed a commission of inquiry headed 

by S Gourachand Singh, retired special 

judge to submit its findings within one 

month. 44 


the 28th Assam Rifles jawans reportedly 

gunned down a 75-year-old retired school 

teacher, L.D. Rengtuiwan during a cordonand-search 

operation at Bungte Chiru 

village of Bishenpur district. Rengtuiwan 

was reportedly coming out of his house at


Bungte Chiru village after hearing the 

shrieks of his son, who was being beaten 

up, when the AR troops shot at him at 

around 9.30 p.m. without giving any 

warning. He was killed on the spot. His 

wife, Thangmuchim, was also shot in the 

leg when she rushed out of the house on 

hearing gunshots. 45 On 16 December 2004, 

the state government instituted a judicial 

inquiry headed by retired sessions judge C 

Upendra Singh. 46 

On the evening of 23 December 2004, 

the army troops brought a body to the 

Churachandpur district hospital morgue for 

identification claiming that the deceased 

was killed in an encounter with the 

underground members. But later the youth 

was identified as one Thienkholun alias 

James, a resident of Suongkot village in 

Henglep sub-division located under 

Churachandpur police station, who had 

allegedly been picked up by Army troops 

on 21 December 2004 at around 5 pm along 

with three others- Khaikholien, Muomon 

and his helper Satthong. Except James, the 

others were released on the same night at 

three different places after being subjected 

to brutal beating. The deceased had two 

bullet wounds on the chest. 47 There were 

reports that the army forced Kuki leaders of 

Tuilaphai village areas to sign on a paper 

that confirmed the deceased was involved 

in a bomb blast near the village. However, 

following meetings between the senior 

officers of the Assam Rifles and the Kuki 

leaders, the security forces reportedly paid a 

fine of Rs.14,300 on 27 December 2004 as 

per tribal custom, accepting the fault of 

having killed the innocent civilian. 48 

On 29 December 2004, Konjengbam 

Bimol of Moirang Panshang Leikai was 

killed by the Imphal East police 

commandos in an alleged encounter at 

Napet Palli in Imphal East district. Police 

report said that three motor cycle borne 

youth coming to the direction of the police 

frisking area were signaled to halt but 

instead they fired shot at the police team. In 

the retaliatory action one youth was killed 

while the other two managed to escape. 49 

However, family members of the deceased 

alleged that K. Bimol was innocent and was 

shot dead in a fake encounter after being 

pulled off a passenger bus by the police 

while coming back from his sister-in-law’s 

house at Nongren on the morning of 29 

December 2004. The deceased had 

reportedly gone to his sister-in-law’s house 

about a month back to participate in the 

Christmas celebrations. The family refuted 

that the deceased had connections with 

underground group and refused to claim the 

body from the Regional Institute of Medical 

Sciences’ morgue. 50 Ng Mecha Devi, 

President of Nongren Meira Paibi, who 

happened to be at the place when the youth 

was taken away by the police, said, “The 

story of the police is utter nonsense. 

Everybody saw the youth being dragged 

down from a Nongdam-Imphal passenger 

bus at about 10 am at Nongren Chingmai.” 51 

ii. Arbitrary arrest, detention, torture 

and indiscriminate firing 

The arbitrary arrest and detention of 

activists of community and civil liberties 

159


organisations were widely reported. 

Acting upon information provided by their 

informers, security forces usually conduct 

raids, arrest and detain suspects and 

innocents, and torture them. 

On 24 March 2004, Manipur State 

Human Rights Commission sought a 

report from Manipur Director General of 

Police regarding the whereabouts of three 

persons arrested by the armed forces. On 

24 March 2004 at around 12.30 a.m., 

Konthoujam Ibungoubi Singh, a labourer, 

was allegedly picked up from his Haorang 

Sabal Mamang Leikai residence in Imphal 

by army personnel. Y Tomba was 

allegedly picked up from his residence at 

Kanto village under Sekmai police station 

in Imphal West district on 23 March 2004 

at around 11.30 a.m. by the personnel of 

the 19th Rajput Rifles stationed at 

Leimakhong Headquarters. Suspected 

army personnel allegedly picked up K 

Sanatomba of Heibong-pokpi Lamkhai 

under Lamshang Police Station in Imphal 

West district, from his residence on 23 

March 2004 at around 5 a.m. No arrest 

memo was issued in any of these cases. 52 

On 24 March 2004 at around 7 a.m., 

Central Reserve Police Force personnel 

stationed at Ithai Dam allegedly picked up 

one Oinam Premkumar Singh, son of O 

Sanajaoba Singh of Keirenphabi Maning 

Leikai under Moirang police station in 

Bishenpur district from Wangoo Warukok 

Chingya near Ithai Dam. No arrest memo 

was issued. The paramilitary forces also 

allegedly beat up several members of the 

family when they pleaded that Premkumar 

160 

was innocent. On 25 March 2004, some 

inhabitants of Ithai Dam area last saw him 

being carried away towards Moirang on 

one of the two CRPF vehicles. The family 

members approached the Superintendent 

of Police (SP) of Bishnupur but the SP 

expressed his inability to locate Prem 

Kumar. On learning that Premkumar was 

being kept inside the CRPF camp at 

Loktak Project Complex, his family 

members requested the Officer-in-Charge 

(OC) of Loktak police station on 27 March 

2004 to locate him. The CRPF authorities 

reportedly assured the OC of Loktak 

police station that Premkumar would be 

handed over to the police very soon. 

However, Premkumar was neither handed 

over to the police nor released. On 1 April 

2004, MSHRC directed Manipur’s DGP to 

submit a detailed report on the 

whereabouts of Oinam Premkumar Singh 

on or before 12 April 2004. 53 

On 27 March 2004, Khuuplen 

Lhouvum, President of the Kuki Students 

Organisation and Lamginlan Changsan, 

General Secretary of the KSO, were 

allegedly picked up by the Assam Rifles 

personnel for releasing a press statement 

condemning the excesses by the Assam 

Rifles on High School Leaving Certificate 

examinees at Saparmeina in Senapati 

district earlier on the same day. They were 

taken to the camp and brutally tortured on 

false charges of possessing AK-47 bullets. 

Lhouvum was released on 2 April 2004 on 

the condition that he should clarify 

through the press that no atrocities were 

committed by the troops. On the other


hand, Lamginlam managed to escape from 

the custody on 2 April 2004 after he 

overheard some of the AR personnel 

saying that he would be taken out and shot 

near a culvert between Bongmual and 

Keithelmanbi. 54 

On 3 April 2004, personnel of the 33rd 

Assam Rifles allegedly beat up several 

villagers of Keirak village under Kakching 

police station in Thoubal district during a 

search operation following an attack on 

their camp by the PREPAK on 2 April 

2004. Three youths identified as Md 

Abothe, Md Nahayaima - both residents of 

Keirak Muslim Makha Leikai, and Md 

Tabhou of Keirak Dam Awang Leikai, had 

to be hospitalised at Kakching community 

health centre due to the beatings. 55 

On 30 April 2004, Manipur State 

Human Rights Commission directed the 

Manipur DGP to submit his report by 4 May 

2004 about the whereabouts of one 

Kangjam Menjor alias Irei Singh, who was 

allegedly picked up by suspected Central 

security forces on 28 April 2004 from 

Nambol area in Bishenpur district. In a 

complaint with the MSHRC, Kangjam 

Ongbi Ibethoi Devi, mother of Menjor of 

Uripok Achom Leikai, stated that Menjor 

was picked up by Hindi speaking security 

personnel from Nambol Phoijing area on 

April 28 around 11.30 pm without issuing 

any arrest memo. He was also not handed 

over to the police station. 56 

One Elangbam Nabachandra alias 

Naoba of Nagamapal Singjubung Leirak, 

Imphal, was reportedly picked up from his 

residence by the army personnel without 

issuing arrest memo at around 1.30 a.m. on 

25 May 2004. The family members 

alleged that when they sasked for an arrest 

memo, one Manipuri personnel, whose 

name tag was written as L Tomba, 

threatened to kill all of them. The security 

personnel also beaten up both elder and 

younger brothers of Nabachandra before 

taking him away. Family members 

claimed that Nabachandra had no link with 

any underground organisation. Hundreds 

of Meira Paibis blocked the Nagamapal 

Road in protest against the arrest of 

Nabachandra. 57 

On the night of 18 June 2004, three 

persons, including 62-year-old T. 

Khamzadou, a Church elder and retired 

Government teacher, were allegedly 

beaten inside their house at Hebron Veng, 

New Lamka by the CRPF personnel. They 

were allegedly dragged out from the house 

and beaten again on the road even though 

they pleaded their innocence. T. 

Khamzadou was hit with rifle butts and 

kicked with boots in spite of revealing his 

identity. 58 

On 1 November 2004, Liyakat Ali, a 

van driver of Lilong Bazar was allegedly 

brutally assaulted by a police havildar of 

Thoubal Police Station in front of the 

police station for refusing to drink 

alchohol during Ramzan. 59 

On the night of 15 December 2004, a 

combined team of Indian Reserve 

Battalion and commandos of Manipur 

Police allegedly fired indiscriminately on 

a passenger jeep without giving any 

warning near YK College at Wangjing in 

161


Thoubal district, injuring at least eight 

innocent civilians, six of whom were 

occupants of the jeep and two others were 

bystanders. Five were teachers. Following 

strong public protests, the state 

Government suspended four State security 

personnel in connection with the firing. 60 

In police crackdowns on the 

organisations spearheading the agitation 

against the AFSPA, Manipur police 

arrested 68 persons in Imphal between 15 

August and 18 August 2004. Those 

arrested included nine active members of 

Apunba Lup and 17 members of United 

Clubs of Manipur (UCM) including its 

secretary in charge of information and 

public relations, Joy Chingkham, and 

Public Relation Officer, Nongthombam 

Joykumar. 61 Manipur police arrested 17 

persons from various areas of Imphal on 

18-19 August 2004. The arrested persons 

included two members of All Manipur 

Students Union, four members of UCM 

and 11 women activists who were 

involved in the burning of the National 

Flag on Independence Day. 62 

On 26 August 2004, 18 school students 

were arrested in front of the Raj Bhavan and 

at the main gate of the Chief Minister’s 

office in Imphal. They went there to 

surrender their textbooks as part of a 

statewide agitation for withdrawal of 

AFSPA from the State. 63 Eight more 

agitators were arrested on 27 August 2004. 64 

On 29 August 2004, over 50 students 

of three nursing institutes of Manipur were 

arrested for trying to break through the 

high security cordon of the Governor and 

162 

the Chief Minister to demand withdrawal 

of AFSPA. 65 


The extrajudicial execution of 

Manorama Devi brought into focus the 

violence against women. Manorama Devi 

was arrested by the Assam Rifles 

personnel on the intervening night of 10- 

11 July 2004. Havildar (General Duty) 

Suresh Kumar (No. 173355) of the 17th 

Assam Rifles signed the arrest memo. 

Rifleman T Lotha (No. 173916) and 

Rifleman Ajit Singh (No. 173491) signed 

as witnesses. The arrest memo stated that 

Ms Manorama Devi was arrested as a 

suspected member of the Peoples 

Liberation Army and they recovered 

nothing from her and that she was healthy 

at the time of her arrest. 66 Her dead body 

was recovered from Ngariyan Mapao 

Maring village on the morning of 12 July 

2004 with telltale signs of brutal torture. 67 

Justice Upendra Commission as required 

under normal law summoned the 

concerned Assam Rifles personnel to 

depose as mere witnesses since they had 

signed the arrest warrant for Manorama. 

But the Assam Rifles questioned the 

jurisdiction of the Upendra Commission of 

Inquiry on the ground that the State 

government had not taken prior 

permission from the Central government. 

The Assam Rifles personnel later on 

appeared before the Upendra Commission 

which has submitted its report at the end of 

the year but it has not been made public. 

On 27 March 2004, a 14 -year-old


minor girl reportedly lodged a complaint 

with the Imphal police station alleging 

that on 14 January 2004 at around 10 pm 

and on 3 February 2004, she was raped by 

the Superintendent of Police of Chandel, 

Thalchinkham Samte at his official 

quarter at Chandel in absence of his wife. 

The girl worked as a domestic help at the 

quarters of the police officer. An FIR was 

registered at Imphal police station. 68 On 2 

May 2004, Samte was arrested by the 

State police after the bail application filed 

by him was rejected by the Chief Judicial 

Magistrate, Chandel, and remanded him 

to judicial custody till 17 May 2004. 69 

Samte was suspended from service with 

effect from 2 May 2004. But he managed 

to obtain bail from the Sessions Judge, 

Imphal West on 10 May 2004. 70 

On 5 October 2004, Laishram Mira, 

wife of Thounaojam Inaobi of Wangoi 

Makha Leikai was brutally beaten up 

with a fire-wood by a Manipur police 

commando at Khuman Lampak Bus 

Terminus. She was let free only when she 

began to lose consciousness due to the 

beating. She sustained severe injuries on 

her arms and left thigh, and had to be 

hospitalized. The police commando team 

who came in a Gypsy (No 3706) 

reportedly vent their ire on the old 

woman after they failed to arrest 

gamblers in the area. 71 

A jawan of India Reserved Battalion 

Thoudam Kesho posted at Wangjing 

along with his four associates allegedly 

kidnapped one girl from Wangjing 

Achouba Maning Leikai while the girl 

was going to collect rice in the evening of 

22 December 2004 and raped her at 

Wangbal canal area. 72 

IV. Impunity 

Although on 10 May 2004, the 

Gauhati High Court found personnel of the 

14th Sikh Light infantry guilty of 

extrajudicially killing a civilian, T Moni 

after picking him up from his house at 

Tonsen Lamkhai village under Sugnu 

police station in Chandel district in 1998, 73 

little action has been taken with regard to 

the human rights violations including the 

ones on which judicial or magisterial or 

departmental inquiries have been ordered. 

In 2004, the State government ordered 

eight judicial and magisterial inquiries into 

the following alleged extrajudicial 

executions: 

(1) A magisterial inquiry into the killing 

of Thangjam Binoy on 7 March 

2004 by 28th Assam Rifles at 

Kshetri Leikai, Charangpat road 

under Thoubal Police Station 

reportedly established that he was 

innocent. 74 

(2) The State government reportedly 

decided to handover the killing of 

Khundrakpam Tejkumar, third year 

BA student of D M College of Arts, 

Imphal by the Assam Rifles 

personnel on 9 March 2004 to the 

CBI. 75 

(3) Khumanthem Ajitkumar alias 

Naoba son of Kh Nagor Singh of 

Karang Mamang Leikai under 

Patsoi police station on the 

163


intervening night of 14 and 15 

March 2004 by the 19th Rajputna 

Rifles. On 18 March 2004, family 

members reportedly accepted the 

dead body of Naoba after Chief 

Minister O Ibobi Singh had 

accepted the demand of handing 

over the case to the CBI. 76 

(4) Meghachandra Meitei son of K 

Shamu of Leimapokpam Khunpham 

Makha Leikai on 4 May 2004 by the 

CRPF personnel. Deputy 

Commissioner of Senapati district, 

T Pamei was directed to inquire. 77 

(5) Thokchom Doren on 10 May 2004. 

The Deputy Commissioner of 

Thoubal Mr P Vaiphei was directed 

to conduct inquiries. 78 

(6) Death of Manorama Devi at the 

hands of Assam Rifles personnel on 

11 July 2004. Justice C Upendra 

was conducting the inquiry. 

(7) Retired special judge Justice KR S 

Gourachand Singh is inquiring the 

killing of Limkhongam Baite, 

Thangpou Baite and Hemmingthang 

Baite by Manipur police 

commandos. 79 

(8) Retired sessions judge C Upendra 

Singh was appointed to inquire 

killing of 75-year-old L D 

Rengtuiwan on 16 November 2004 

at Bungte Chiru village. 80 

The departmental, magisterial and 

judicial inquiries into the following cases 

of 2002 and 2003 are still awaited: 

- Firing incident at Pangei Bazaar, 

Imphal on 9 April 2002 in which six 

164 

persons including four CRPFs were 

killed and 34 injured; 

- Counter insurgency operation on 22 

April 2002 in which three persons 

of a family were killed and another 

member of the same family, a one 

and half year old kid, injured in a 

crossfire between the Border 

Security Force personnel and the 

armed opposition groups near Zou 

Veng, a Kuki village around half a 

kilometer south of Sugunu police 

station. The inquiry has reportedly 

been completed but not made public 

as yet; 

- The magisterial inquiry into the 

killing of Zane Alam, son of Md 

Amalullah Khan of Minuthong 

Hafiz Hatta on 2 October 2002; 

- Killing of RK Thoibinao Devi, 

daughter of RK Ajitkumar Singh of 

Ningthoukhong, by BSF on 1 

January 2003; 

- Killing of four children and injury 

of another at Manipur Police 

Training School at Pangei used by 

the BSF and CRPF on 24 March 

2003; 

- The killing of Md Qayamuddin son 

of Md Zamiruddin of Kiyamgei 

Muslim Awang Leikai of general 

post office on 4 September 2003; 

- Inquiry into the firing incident of 

September 2003 at Sugnu in which 

four civilians - Thakhokam 

Khongsai, Saikhogin Hensing, 

Letkhomang Hensing and 

Haokhopao Hensing were allegedly


killed by the Assam Rifles; 

- Judicial enquiry into the death of N 

Sanjita of Ucharthol who 

committed suicide on 4 October 

2003 by consuming poison, just a 

few hours after she was subjected to 

“frisking” by Army personnel 

stationed at the Jiribam railway 

station; and 

- Killing of AS Somatai by personnel 

of Imphal East commandos on 1 

December 2004 night along the 

Heingang-Sangakpham road. 

V. Manipur State Human Rights 

Commission 

On 27 June 1998, State government of 

Manipur established the State Human 

Rights Commission. However, the 

Manipur State Human Rights Commission 

(MSHRC) exists only on paper due to lack 

of members, resources and contempt of the 

State government. 

After the formation of MSHRC, the 

State government of Manipur appointed 

three members. Justice S N Bhargava who 

was also serving as the Chairman of the 

State Human Rights Commission of 

Assam was appointed as the Chairperson 

of the MSHRC. During his entire tenure, 

Justice Bhargava reportedly visited 

Manipur twice only. 

To deal with the absence of Justice 

Bhargava, an Acting Chairman among the 

three members was appointed. The 

members of the State Human Rights 

Commission also developed the rules of 

procedures which provided that on legal 

matters, at least two members must give 

their assent. 

On 3 September 2003, Justice W A 

Shishak was appointed as the Chairman of 

the Manipur State Human Rights 

Commission. When the Director of Asian 

Centre for Human Rights (ACHR) met 

Justice Shishak on 23 August 2004 in 

Imphal, Justice Shishak was not paid any 

salary since his appointment. He was 

maintaining himself with his pension as 

former Chief Justice of Chattisgarh High 

Court. Apart from a letter appointing him 

as the Chairman, Justice Shishak did not 

receive any further communications. For 

two months, Justice Shishak had been 

seeking an appointment with Chief 

Minister Ibobi Singh but without any luck. 

The term of the other three members 

expired on 8 December 2003. At the end of 

2004, not a single member was appointed. 

As the rules developed by former members 

of the MSHRC require assent of two 

members on legal matters, Justice Shishak 

cannot take any decision. He has been 

postponing all the complaints, hoping that 

the State government would soon appoint 

the other members. 

The Manipur State Human Rights 

Commission never had any Secretary 

General since its formation. A Deputy 

Secretary of the Law Ministry has been 

serving as the head of the administration of 

the MSHRC. He shuttles between the Law 

Ministry and the State Human Rights 

Commission and reportedly spends only 

about 20% of his time with the State 

Human Rights Commission. The Manipur 

165


State Human Rights Commission does not 

have any investigative staff. There is no 

research division either. 

The State government of Manipur 

officially sanctioned Rs 13 lakhs for the 

year 2000-2001, 28.68 lakhs for 2002- 

2003, 28.60 lakhs for the year 2003-2004 

and 30 lakhs for 2004-2005. The State 

government allegedly diverted the 

resources approved for the State Human 

Rights Commission for other purposes. 

The Manipur State Human Rights 

Commission reportedly returned the 

untilised money to the government. 

However, it has only two computers, one 

of which was bought during the financial 

year 2004-2005. 

Justice Shishak stated that despite 

sending reminders from 10 to 15 times, 

State government of Manipur did not 

submit any response to many complaints. 

VI. Abuses by the armed 



been responsible for arbitrary killings, 

extortion, kidnapping and other violations 

of international humanitarian law. 

i. Arbitrary killings 

On 22 February 2004, a four-year-old 

girl named Salam Thoibi was killed and 

two others injured in an indiscriminate 

firing by members of the United National 

Liberation Front in Karang village in 

Bishenpur district. The UNLF members 

reportedly entered into an altercation over 

the question of wearing a camouflage T- 

166 

shirt by one Salam Sanjoy. When Salam’s 

mother and her companions were about to 

leave after the alleged row, the commander 

of the UNLF reportedly stepped out and 

fired at them three times. Four-year-old 

Salam Thoibi, who was hanging to her 

mother’s back, was reportedly hit by a 

bullet and died on the spot. The two other 

bullets hit Ningthoujam Abem and Salam 

Sanjoy on their legs. 81 Over two thousand 

angry villagers reportedly took out a rally 

from Karang to Moirang with the child’s 

body demanding punishment for the 

culprit. 82 The UNLF on 24 March 2004 

reportedly expressed regret over the death 

of the four-year-old girl and injuries to the 

other two allegedly by the bullets of its 

cadres. The UNLF further stated that it 

would probe the incident and take 

necessary action; but no further statement 

has been made. 83 

On 22 March 2004, Huidrom 

Shyamsunder alias Amujao, son of H 

Ibomcha of Wabagai Awang Leikai, was 

reportedly shot dead at a place near 

Oriental Social Association, Wabagai 

Awang Leikai by three unidentified 

gunmen after he was abducted from the 

campus of Wabagai Pole Star College 

examination centre at around 8.30 am on 

the same day. He was reportedly writing 

his class XII exams conducted by the 

Council of Higher Secondary Education 

Manipur. 84 PREPAK reportedly claimed 

responsibility for the killing of 

Shyamsunder, alleging that he was a police 

informer, and his activities had led to the 

death of the organization’s secretary on 9


March 2004. 85 

On 24 April 2004 at around 6.30 pm, 

two gunmen reportedly shot and killed 

former DGP of Manipur, Lairenjam 

Jugeshwar at his house at Kwakeithel 

Mayai Koibi Chabungbam Leikai Pukhri 

Mapal in Imphal. He received two bullet 

injuries at his chest and two at his 

underarm, and died later at RIMS hospital. 

The KYKL claimed responsibility. 86 

The Kuki National Front claimed the 

responsibility for killing Thangin Kipgen 

and his wife Lhingneikim Kipgen, residing 

at the Military Colony under the 

Kangpokpi police station after abduction 

from their residence. They were accused 

of having nexus with the security forces in 

eliminating important members of the 

outfit at their residence’s gate on the night 

of 25 October 2004. 87 

The Hmar Peoples’ Convention 

(Democratic) cadres killed two persons 

identified as Thokchom Dinesh alias Raju 

of Uchiwa and Ningboi Haokip alias 

Chanu of Churachandpur Tuibong Bazar. 

Their bullet-riddled bodies were recovered 

by police from near Dinwiddiet Bible 

College at Khumujamba in Churachandpur 

district on the night of 2 December 2004. 

They were accused of collecting ransom 

from the Hmar people in the name of an 

underground organisation. 88 

On the morning of 14 December 2004, 

one Holkhopao Hangsing of Tingpibung 

village was killed by suspected Kuki 

National Army cadres after being singled 

out from among the passengers of a bus on 

which he was traveling from 

Yaingangpokpi to his village. The 

unidentified gunmen reportedly stopped the 

bus near Potsong Lokchao. After checking 

the passengers, the militants singled out 

Holkhopao and shot him dead before 

releasing the rest of the passengers. 89 

On 16 December 2004, E. 

Vungkholian Paite, former president of All 

Tribal Students Union Manipur hailing 

from Churachandpur district, and his 

companion Gilhlal Tombing of 

Churachandpur were shot dead by 

unidentified gunmen at the quarter of 

Twangzalian Paite, a forest guard 

employee, at the Lamphel PWD quarters 

under Lamphel police station. Zomi 

Revolutionay Army claimed responsibility 

for the killings. 90 

On 28 December 2004, bullet-riddled 

body of a 52-year-old carpenter identified 

as Ginjakhen of Ngaljang village under 

Singhat Sub division was found in a paddy 

field located between Khuga Turel and 

Lalnga Khong south east of 

Churachandpur police station. The Zomi 

Revolutionary Army claimed 

responsibility and accused Ginjakhen of 

carrying out anti-party activities. 91 

ii. Torture 

On the night of 4 April 2004, five 

youth were reportedly thrashed by around 

20 armed opposition group members. 

They were earlier forced to lie prostrate in 

a line at a place near Dinwiddie Bible 

College in Khumujamba area. The victims 

had to be hospitalised at the district 

hospital, Churachandpur. 92 

167


As part of “Operation New 

Kangleipak”, armed cadres of the KYKL 

abducted eight teachers including two lady 

teachers of the National Institute of Open 

Schools, Manipur, on the night of 24 

November 2004. Before releasing them, 

members of the KYKL shot at the legs of 

the six male teachers and caned the two 

women as punishment for allowing 

malpractices in the ongoing NIOS 

examinations. The teachers were accused 

of collecting Rs 4000 to Rs 5000 from 

each student while selling written answer 

scripts and xerox copies of the same to 

students and allowed mass copying during 

class X and XII examinations. 93 

On 2 December 2004, the Manipur 

Human Rights Commission took 

cognizance of a petition by Kuki 

Movement for Human Rights seeking 

steps to rein in the NSCN (IM), which 

allegedly served quit notices on Kuki 

residents of two villages in Ukhrul district 

on 23 November 2004. Some NSCN (I-M) 

activists went to Thawai village on 23 

November 2004 and ordered the villagers 

to leave before Christmas or face dire 

consequences. 94 

iii. Kidnapping 

On 29 June 2004, three unidentified 

youth brandishing pistols stopped two 

Imphal bound trucks and kidnapped their 

drivers and handymen at Keithelmanbi 

area in Kangpokpi in Senapati district. The 

handymen, Thangjam Hemanta Singh and 

Md Khan were released on the same day. 

The abductors demanded Rs 5 lakh for the 

168 

safe release of the two truck drivers, one of 

them identified as Inaobi. 95 

On 1 July 2004, Kaphunchung L. 

Kalmei, the Deputy Director of Manipur 

Commerce and Industry Department, was 

reportedly abducted by armed members 

belonging to the Human Rights and 

Protection Guild from his New Lambu 

Lane residence in Imphal. Claiming 

responsibility for abduction, the outfit 

accused the official of misappropriating 

crores of rupees sanctioned by the Union 

textile ministry under the Centre’s Din 

Dayal scheme. 96 

On 8 November 2004, three PHED 

officials- Assistant Engineer K Sarat, SO 

Ksh Tombi and SO W Bhaskar were 

abducted by the1 Kuki Liberation Army. 

They were set free on 11 December 2004 

following an alleged understanding reached 

between the KLA and the PHED authority. 97 


cadres of the KYKL abducted Manipur 

University vice-chancellor N Bijoy Singh 

and registrar R K Ranjan. 98 The outfit 

reportedly demanded Rs 1 crore for their 

release. 99 They were released on the 

morning of 18 December 2004 after being 

shot at their legs allegedly for 

manipulating the selection of the director 

for the Audio Visual Research Centre of 

the university. A KYKL spokesman said 

the officials were ‘’punished’’ as part of 

the outfit’s “Operation Langleipak’ to 

‘’cleanse’’ the educational system. Both 

the V-C and the registrar underwent 

surgery at the Regional Institute of 

Medical Science Hospital. 100 

■

Chapter17 

Meghalaya 

I. Overview 

Ruled by Congress-led Meghalaya Democratic Alliance 

(MDA), the ceasefire agreement singed on 23 July 2004 with 

Achik National Volunteer Council (ANVC) 1 and surrender of 

about 50 cadres of Hynniewtrep National Liberation Council 

(HNLC) failed to bring peace in the state. A rehabilitation package 

announced by Chief Minister D D Lapang for the surrender of the 

armed groups’ members had little impact. In 2004, another armed 

opposition group, United Achik National Front (UANF) was formed 

in the Garo Hills. 2

INDIA HUMAN RIGHTS REPORT 2005 Meghalaya 

The security forces and the armed 

opposition groups were responsible for 

violations of human rights and 

fundamental freedoms. On the morning of 

18 February 2004, Rajesh Chetri, a 

resident of Mawlai Nongpathaw, was 

found death at the Pynursla police station 

in East Khasi Hills district. 3 

The failure to resolve the longstanding 

boundary dispute with Assam led 

to the arrival of 200 Khasi families in 

November 2004. Over 4000 Khasi-Pnars 

from Block I and Block II areas in Karbi 

Anglong of Assam had returned in late 

2003 after being displaced due to 

continued threats and atrocities 

perpetrated by Karbi armed opposition 

groups. 

The violence against women in the 

State famous for matrilineal societies 

continued. Rescue of a 25-year-old woman 

by an NGO from being trafficked from 

Shillong highlights systematic and wellknitted 

network of the traffickers. The 

State Women’s Commission was allegedly 

constituted without consultations with 

NGOs. 

The ruling coalition shot down a 

private member Right to Information Bill 

presented before the State assembly. 

Indigenous peoples led by the Khasi 

Students’ Union, Hynniewtrep 

Environment Status Preservation 

Organisation and Meghalaya People’s 

Human Rights Council continued their 

protest against the proposed mining by the 

Uranium Corporation of India Limited at 

Domiasiat in the West Khasi Hills District. 

170 



executions 

The state police and the Central 

security forces have been responsible for 

widespread violations of human rights 

such as harassment, arbitrary arrest and 

detention, torture, forcible eviction of 

families from their houses and 

extrajudicial killings. The NHRC recorded 

two deaths in judicial custody in 1999- 

2000, one death in police custody in 2000- 

2001, 3 deaths in police custody and two 

deaths in judicial custody in 2001-2002 

and 6 deaths in judicial and police custody 

2002-2003. 4 

On 18 February 2004, the West Garo 

Hills Deputy Commissioner ordered a 

magisterial enquiry headed by Dadenggre 

Sub-Divisional Officer (Civil), R P Marak 

into the killing of four civilians under 

mysterious circumstances by the police. 

The police claimed that they were ANVC 

members and killed in an encounter. The 

magisterial inquiry was ordered following 

a representation by the Mothers’ Union of 

Tura claiming that they were innocent 

civilians. 5 

On the morning of 18 February 2004, 

Rajesh Chetri, a resident of Mawlai 

Nongpathaw, was found death at the 

Pynursla police station in East Khasi Hills 

district. He was arrested along with two 

others Clinton Khongriat from Wahingdoh 

and Rapbor Marwein from Jaiaw in 

connection with a robbery case near 

Wahkdait on 16 February 2004. A 

magisterial inquiry was ordered into his


custodial death. 6 

On 23 February 2004, 1st Naga 

Regiment jawans allegedly killed Gujan K 

Marak, his wife Baljone R Marak, and 

their seven- month-old daughter Nomela R 

Marak on the spot when they fired 

indiscriminately at their house during an 

operation against the armed opposition 

groups in Jengrikgre village in West Garo 

Hills district. Their 14-year-old son Sabir 

Kumar R Marak had a narrow escape with 

bullet injuries on his left hand and leg and 

burn injuries on his face due to the grenade 

explosion. According to Sabir, three 

suspected ULFA militants barged into their 

house shortly after 10 pm and sought 

accommodation for the night. Hardly ten 

minutes later, the army arrived there. One 

of the ULFA militants immediately lobbed 

a grenade at the army killing the Major on 

the spot. The militants then escaped into 

the darkness. But the army personnel 

retaliated and began indiscriminate firing 

at the house. As the thatched house caught 

fire, the mother and daughter were charred 

beyond recognition. 7 Initially the army 

claimed the victims to be ULFA militants 

killed in encounter. But later they claimed 

it to be “an IED blast” that killed them. 

However the villagers and the local 

Member of Legislative Assembly, Edmund 

Sangma and the district administration 

have reportedly confirmed that the 

deceased were civilians. 8 


The police and central security forces 

were also responsible for arbitrary arrest, 

detention and harassment. 

On 31 December 2003, the army 

personnel allegedly evicted 23 families 

from the Mathura Compound within the 

Cantonment area in Shillong by burning 

down the houses. Their belongings were 

thrown out without serving any notice 

prior to eviction. Around a hundred 

evicted people had been forced to live in 

the open after their eviction. The army had 

allegedly illegally occupied vast areas of 

land in Shillong. 9 

On 1 July 2004, one Rishall 

Kharbyngar was allegedly arrested 

illegally and subjected to third degree 

torture by Sub-Inspector J Koch in the 

custody of Sadar Police Station. On 8 July 

2004, the Guwahati High Court on a 

petition filed by the Citizens’ Rights 

Protection Group directed the police to 

produce the victim before the Additional 

District Magistrate. 10 

On 9 July 2004, plain clothed army 

personnel who were camping at Jagiroad, 

close to Mawhati in Ri- Bhoi district 

allegedly entered many villages, harassed 

the villagers and forcibly took away 

ginger, potatoes and other agricultural 

produce. 11 

III. Atrocities by Armed 

Opposition Groups 

The armed opposition groups in 

Meghalaya are Achik National Volunteer 

Council (ANVC), Hynniewtrep National 

Liberation Council (HNLC) and United 

A’chik National Front (UANF) from the 

State. In addition, armed opposition 

171


groups from Assam such as National 

Democratic Front of Bodoland (NDFB) 

and United Liberation Front of Assam 

(ULFA) havee also been reportedly active 

in the State. All these armed groups have 

been responsible for severe human rights 

violations, including violations of right to 

life, kidnapping, extortion, torture and 

destruction of public properties. On 19 

June 2004, Chief Minister D D Lapang 

tabled a surrender-cum-rehabilitation 

scheme for militants in the Assembly. 12 But 

it had little effect. 


NDFB members shot dead five villagers 

identified as Mihir Hajong, Reboti 

Hajong, his 11-year-old daughter Litika 

Hajong, Rita Hajong and Dipali Hajong at 

Lutubari village near Ampati in West Garo 

Hills. Members of the armed group came 

to the house of Mihir Hajong at around 

9.30 pm and inquired about his son Samit 

Hajong, an alleged ex-NDFB militant. 

When Mihir pleaded ignorance about the 

whereabouts of his son, they became 

angry. They asked Mihir and other family 

members, including the maid of the house, 

to line up and then shot them at point blank 

range killing them on the spot and injuring 

Rishi Hajongw who had to be shifted to 

Tura civil hospital. 13 

On 6 March 2004, a police officer 

Umesh Prasad was abducted from Upper 

Shillong by suspected members of an 

unidentified armed opposition group. His 

decomposed body bearing several injury 

marks was found from 3 Mile area of 

Upper Shillong by the State police on 12 

172 

March 2004. The decomposed body 

indicated that Prasad was severely 

tortured and his throat was slit by the 

abductors. 14 


suspected members of the NDFB 

kidnapped one Rajkumar Sahu and his 11year-old 

son Pawan from their residence at 

Chaipani near Dalu in West Garo Hills. On 

the night of 10 February 2004, they 

released Rajkumar and asked him to return 

with twenty lakhs of rupees for the safe 

return of his son. 15 

On 14 October 2004, suspected 

UANF-NDFB cadres kidnapped 7-yearold 

son of Sankar Prasad, a petty 

businessman from Natun Bazar, 

Purakhasia in West Garo Hills on not 

finding Sankar Prasad at home. 16 

IV. Internally Displaced Persons 

In the last week of November 2004, 

about 200 Khasi families fled Cachar Hills 

in Assam to escape atrocities by armed 

opposition groups. 17 Over 4,000 Khasi- 

Pnar people who were displaced from 

Block I and II areas in Karbi Anglong 

district of Assam due to alleged threats and 

harassment from the United People’s 

Democratic Solidarity (UPDS) and Karbi 

National Volunteers (KNV) militants 

returned in late 2003. 18 However, there has 

been little improvement of their security 

situation. 19 

Block I and II areas in Karbi Anglong 

have remained disputed between Assam 

and Meghalaya for a long time. In 1951, 

these areas had been transferred to the


Karbi Anglong (then called United Mikir 

and North Kachar Hills) after slicing them 

from the erstwhile Khasi and Jaintia Hills 

district and these remained with Assam 

even after the birth of Meghalaya in 1972. 

Since then the Khasi-Pnars of the area 

have often expressed their desire to be a 

part of Meghalaya. ■ 

173


174

Chapter18 

Mizoram 

I. Overview 

Ruled by the Mizo National Front, Mizoram’s Chief Minister 

Zoramthanga plays the role of a peace emissary with various 

armed opposition groups in the North East. Peace, however, 

has remained elusive in Mizoram. Twelve rounds of talks between 

the State government and Bru National Liberation Front (BNLF) 

have failed to resolve the Bru imbroglio. 1 Over 35,000 Reangs also 

known as the Brus who have taken shelter in Tripura since 1997 

continued to languish in the relief camps.

INDIA HUMAN RIGHTS REPORT 2005 Mizoram 

The Myanmarese refugees who faced 

large-scale refoulement in 2003 constantly 

live under fear. The order of the National 

Human Rights Commission of 25 October 

2004 pertaining to the complaint of the 

Asian Centre for Human Rights against the 

refoulement of the Myanmarese refugees 

has failed to stop the refoulement. 

Non-state organisations especially the 

Young Mizo Association, Mizo Zirlai Pawl 

and Mizo Students Union have been 

instrumental for the refoulement of the 

Myannmarese refugees. These non-State 

organisations continued to take law into 

their hands with regard to the “outsiders” - 

those who have allegedly entered 

Mizoram without valid Inner Line Permits 

(ILP) or continued to live after the expiry 

of the ILP. 

Ethnic minorities continue to be 

discriminated and demand for Union 

Territory (UT) by the Lai, Mara and 

Chakma UT Demand Committee surfaced. 

On 19 March 2004, the ruling MNF 

members turned down a private member 

bill on Right to Information and 

Transparency in Public Procurement Bill. 2 

Though Mizoram government has 

made significant progress for codification 

of customary laws, women continued to 

suffer from traditional justice system. 

There has been increase of trafficking of 

women. 3 


There have been reports of human 

rights violations in Mizoram. 

On 13 July 2004, 16-year-old 

176 

Lalmuanpuia s/o C. Vanlalvena (vide GR 

No. 170/04,) was physically assaulted by 

Superintendent of Police for refusing to 

confess. He was slapped repeatedly that 

caused bleeding from the ears. The 

Superintendent of Police justified it by 

stating that the accused did not answer his 

questions properly and had stared at the 

Champhai District Magistrate. The victim 

was referred to ENT specialist at Aizawl 

hospital, from Civil Hospital of 

Champhai. 4 

On the night of 24 October 2004, a 20year-old 

Mizo girl was allegedly assaulted 

and raped by two jawans of the Counter 

Insurgency and Jungle Warfare School 

(CIJWS) at Vairengte village in Kolasib 

district. The YMA and Mizo Hmeichhe 

Insuikhawm Pawl alleged that the jawans 

waylaid the girl who was returning from a 

church service in the United Penticostal 

Church, Vairengte, along with two youth. 

After threatening and physically assaulting 

the two boys, the army jawans raped the 

girl. The army jawans also allegedly 

snatched and threw away the Bible she 

was carrying. 5 Although the authorities of 

the CIJWS denied the charge of rape, 6 later 

on, a jawan of the school was dismissed 

from service and another reprimanded for 

molesting the Mizo girl. A defence press 

release in Kolkata on 1 December 2004 

stated: “Two soldiers, attached to the 

Counter-insurgency and Jungle Warfare 

School at Vairengte, Mizoram, were 

identified as having committed the 

offence. While one has been dismissed 

from service, the other has been severely


reprimanded and prematurely dismissed 

from service.” 7 



The main armed opposition group in 

the State is the Bru National Liberation 

Front (BNLF), Hmar Democratic 

Covention and Bru Liberation Front of 

Mizoram, a breakaway faction of the 

BNLF. There are also reports of presence 

of many armed opposition groups from 

neighbouring Burma. 

On 30 January 2004, suspected 

members of the Bru Liberation Front of 

Mizoram (BLFM) reportedly abducted 22year-old 

Helia, son of a village council 

President of Tuipuibari village when he 

and two friends had gone for fishing. 

Helia’s friends were, however, released 

later. Helia was reportedly held by the 

BLFM. 8 The BLFM reportedly demanded 

Rs 5 lakhs as ransom. However, Helia was 

reportedly released on 2 March 2004 

unconditionally. 9 

IV. The Bru crisis 

Despite reported assurance of Chief 

Minister Zoramthanga to the then Prime 

Minister Atal Bihari Vajpayee on 20 

January 2004 during the meeting of all 

Chief Ministers of the North-Eastern states 

in New Delhi to take back the Bru 

Internally Displaced Persons (IDPs) 

sheltered in Tripura within two months 10 , 

Chief Minister Zoramthanga failed to take 

any initiative at the end of the year. Over 

35,000 Reang IDPs who fled their homes 

in Mizoram following ethnic violence in 

October 1997 continued to languish in six 

refugee camps at Naisingpara, Ashapara, 

Hazacherra, Kaskaspara, Khakchang and 

Hasnapara in North Tripura district. 

The Reang IDPs have been living in 

deplorable conditions. They have been 

suffering epidemics and malnutrition due 

to insufficient and delayed supply of 

ration, medical and other relief materials. 

While displaced Kashmiri Pandits from 

Jammu and Kashmir receive Rs 750 per 

person, an adult Bru receives Rs. 2.67 a 

day and a minor received half of it. 

Rations are often delayed and denied. 

Children and women are the worst affected 

in the absence of medical, drinking water 

and sanitary facilities. Hundreds have 

died. With no schools and jobs for the 

IDPs and their children, many have been 

suffering from trauma and psychiatric 

problems. 11 

The armed opposition group, BNLF 

demanded Autonomous District Council for 

the Brus to be carved out the North Western 

parts of the state. During the negotiations in 

2003, the BNLF, however, reduced its 

demand from Regional Council to Bru Area 

Development Council to resolve the crisis. 

Yet, little progress has been made despite 

holding 12 rounds of dialogue at the end of 

2004 primarily due to recalcitrant stand of 

the State government. The political parties, 

YMA and MZP have been opposing the 

return of the Bru IDPs. 

The Mizoram government is 

reportedly ready to accept only 12,000 

IDPs out of an estimated 35,000. 12 In 

177


October 2004, the State government 

reportedly submitted Rs 25 crore proposal 

to the Central government for resettlement 

and rehabilitation of the ousted 

Bru IDPs in the state. 13 

Although some Brus had exercised the 

right to franchise through postal ballots 

during the general elections in May 2004, 14 

thousands of Bru voters who were deleted 

from electoral rolls could not vote. In 

August 2003, Mizoram Chief Electoral 

Officer, Lalmalsawma submitted names of 

14,616 Bru voters to the Election 

Commission as part of special revision of 

electoral rolls. Out of these, 8,830 were 

newly inducted into the revised electoral 

roll, while 5,786 names already existed in 

the previous electoral rolls of the state. 15 In 

the course of a subsequent scrutiny at 

Aizawl, names were indiscriminately 

deleted and only 4,266 inmates were 

finally enlisted as voters. 16 On 17 October 

2004, the Guwahati High Court issued 

notices to the Tripura government, 

Mizoram government and the Central 

government for inclusion of the Brus in the 

electoral rolls of Mizoram. 17 

V. Refoulement of Myanmarese 

refugees 

An estimated 60,000 Myanmarese 

refugees comprising of the Chins, 

Arakanese and the Kachins have sought 

refuge in Mizoram since 1988.18 

However, in the wake of xenophobic 

frenzy after the rape of a Mizo girl in July 

2003, at least 7,209 Myanmarese nationals 

including 3,352 women were refouled by 

178 

the YMA and MZP activists in 2003. 

The Asian Centre for Human Rights 

filed a complaint with National Human 

Rights Commission against refoulement of 

the Myanmarese refugees. The State 

government in its reply flatly denied that 

there are any Myanmarese refugee in the 

state as all are immigrants. On the other 

hand, Vanglalngaijsaka, First Class 

Magistrate and Nodal Officer, Foreigners 

Cell of the State government of Mizoram 

who conducted an inquiry into the 

complaints of ACHR in his report of 10 

October 2003 stated that “After political 

turmoil in Myanmar where successive 

repressive measures were adopted by the 

military junta, there has been steady influx 

of Myanmarese nationals, mostly ethnic 

Chins.” Those fleeing to escape from 

repression qualify as refugees under 

international law. 

The NHRC’s judgement 

(No.2/16/2003-2004/FC) of 10 October 

2004 has been unfortunate. In its prayer, 

ACHR requested the NHRC to “direct the 

Ministry of Home Affairs and State 

government of Mizoram not to deport any 

Myanmarese refugee without their 

applications/ claims for refuge has been 

considered by the National Human Rights 

Commission”. The NHRC response has 

been classic. It states, “So far as the prayer 

is concerned, it appears to be based on some 

confusion. There are no applications/claims 

pending with National Human Rights 

Commission for grant of refugee status to 

any Myanmarese refugee”. The NHRC 

failed to understand that the complaint was


pertaining to the Myanmarese refugees who 

were being refouled by the YMA and MZP 

and that NHRC should process their claims 

before any refoulement. 

In September 2004, the Ministry of 

External Affairs (MEA) conveyed to the 

National Human Rights Commission that 

it has no objection to the Burmese refugees 

staying in India till their status is 

confirmed by the United Nations High 

Commissioner for Refugees (UNHCR). 

The MEA issued this clarification in 

response to the comments sought by the 

NHRC with regard to the complaint filed 

by the Asian Centre for Human Rights 

(ACHR). 19 However, UNHCR is denied 

access to Mizoram and therefore, those 

remaining in Mizoram are effectively in 

danger of refoulement. ACHR is in 

possession of numerous applications of 

Burmese asylum seekers who were denied 

refugee status by the UNHCR though they 

clearly stated that YMA and MZP have 

been deporting them to Burma, where they 

face severe violations of their rights at the 

hands of the military junta. 

VI. Outsiders 

The YMA, MZP and Mizo Students 

Union have been responsible for acting as 

extra-legal authorities on identification of 

“outsiders” - those who entered Mizoram 

without valid Inner Line Permit or 

continued to live after expiry of the ILP. 

The unwillingness of Mizoram 

government to check the ILPs implies that 

it often abdicates its responsibility to non- 

State actors whose actions usually turn 

communal. 

On 6 March 2004, YMA served an 

ultimatum on the non-Mizos staying in 

Mizoram without proper authorisation to 

leave the state by 7 April 2004. The 

association alleged that many non-Mizos 

continued to stay back in the state illegally 

after the expiry of their inner line permits 

to do business. Following the YMA threat, 

a Kolkata-based Bengali organisation 

threatened to expel all Mizos from Kolkata 

if the April 7 deadline was executed. 20 

The YMA subsequently declared that 

it would launch a drive from 10 April 2004 

to push out all the alleged illegal non- 

Mizos. 21 

The Mizo Students Union (MSU) 

served an indefinite closure notice to all 

non-tribal traders in Mizoram from 21 

April 2004 following the arrest of its 

president Laldinthara and other central 

executive members of the MSU on 19 

April 2004. Mizoram Police had picked up 

about 16 MSU activists after they 

vandalized a non-tribal shop at Zemabawk 

in Aizawl when its owner, Puroshottam 

Khandelwal, refused to pay donation to the 

organisation. The MSU alleged that 

Khandelwal, who owns Pushpak Canteen, 

was involved in surreptitious liquor 

business. 22 

On 15 May 2004, a non-Mizo labourer 

was killed23 and about 20 non-Mizos were 

reportedly injured in an ethnic flare-up in 

Aizawl triggered by the murder of a 20year-old 

Mizo girl Lalremsiami by two 

suspected non-Mizo coolies working in a 

wholesale second-hand garment shop at 

179


Zarkawt (Aizawl). The Mizo woman was 

also working there. The Mizo Zirlai Pawl 

(MZP) or Mizo Students Federation and 

the Mizo Students Union clamped ‘non- 

Mizo curfew’ in the state capital and 

warned non-tribals from venturing out on 

the streets. Altogether 10 boys were 

arrested for the attacks. 24 ACHR was 

informed that five of the injured were in 

critical condition and one was certain to 

lose his eye. Among the victim included a 

12-year-old boy. 25 At least 300 non-Mizos 

fled from Mizoram. 26 

VII. The status of minorities 

The key minority groups, Lai (Pawi), 

Mara (Lakher) and Chakma communities 

of Mizoram have been demanding 

upgradation of their existing three 

autonomous district councils. Chairman of 

the Lai, Mara and Chakma UT Demand 

Committee, Mr Hmunhre alleged that out 

of the total of 1,200 employees in the 

Mizoram Secretariat, there were only five 

Lai and three Mara employees, while there 

was no representation from the Chakma 

tribe. Similarly, in Mizoram Civil Service 

and Mizoram Police Service, the 

combined representation of these tribes 

was only 13.61 per cent and 4.83 per cent 

respectively. He alleged that ethnic 

minorities continued to be effected by the 

declaration of Mizo as the Official 

Language, thus making it virtually 

impossible for candidates from the no- 

Mizo speaking minority tribes to seek 

appointments in government 

departments. 27 

180 

VII. Internally Displaced Persons 

About 400 families who had lost their 

lands and means of livelihood have been 

virtually left high and dry without any 

compensation for the Tuirial and Tuivai 

hydel projects. 28 According to the 

agreements signed by state government, 

the state would receive only 12 per cent 

free power from each of the projects while 

the government would acquire all the 

necessary lands and hand it over to the 

North-East Electric Power Corporation 

(NEEPCO). 29 

On 12 August 2003, NEEPCO signed 

an agreement with the Mizoram 

government and local Turial 

Compensation Claimant Association to 

pay Rs. 8,04,90,627 as compensation to 

the affected villagers. 50 per cent of the 

amount was released on 10 September 

2003 and the NEEPCO had agreed to pay 

the rest before 31 March 2004. But it had 

not done so due to the objection from the 

Ministry of Power of the government of 

India. The angry villagers stopped the 

work of the project on 8 June 2004 to 

express their anguish against the 

unwillingness of the NEEPCO to honour 

its agreements. 30 

VIII. Conditions of women 

Although Mizoram government has 

reportedly completed codification of 

customary laws, women continued to 

suffer from injustices awarded by the 

Village Defence Party, the Joint Action 

Committee and the Village Council Court 

established under various customary laws


of the State. These organisations are given 

the responsibility of maintaining law and 

order in their locality and often act as law 

unto themselves. 

There were reports that those caught 

in conflict with the law are put into 

wooden cages by these organizations as a 

part of traditional justice. The accused are 

not handed over to the police. The 

complaints which are sometimes criminal 

in nature are decided by the so-called Joint 

Action Committees or Village Defence 

Party. They also impose monetary penalty. 

The hairs of the accused are shaved 

off. The community leader and other 

individuals can order dismantling or 

ransacking of the houses and force them 

out of their house for allegedly not 

conforming to certain norms set by the 

traditional bodies. 31 

Mrs. Sangkhumi, an indigenous 

women and virtual homeless was found to 

be in possession of 1 litre country liquor in 

the late evening of 22 August 2004. She 

was taken into custody by the Village 

Council President of Vaivakawn, 

Rotluanga. She was brutally beaten. They 

also extorted her money amounting to Rs 

2,600.00 (Rupees two thousand and six 

hundred only). In addition, the Village 

Council President and his accomplice 

shaved off her hair. If she were to be found 

guilty under the Mizoram Total 

Prohibition Act, 1995, she could be fined 

but no corporal punishment could be 

awarded. 32 ■ 

181


182

Chapter19 

Nagaland 

I. Overview 

Led by Democratic Alliance of Nagaland, Nagaland remained 

relatively peaceful as a result of the ongoing peace process 

between the government of India and Naga armed opposition 

groups - National Socialist Council of Nagalim (Issac-Muivah) and 

the National Socialist Council of Nagalim (Kaplang). The 

government of India signed cease-fire agreements with both the 

factions of the NSCN. In December 2004, NSCN (IM) leaders, Issac 

Swu and T Muivah came to India and after a meeting with Prime

INDIA HUMAN RIGHTS REPORT 2005 Nagaland 

Minister Manmohan Singh, both sides 

reiterated to find a “mutually acceptable 

and honourable solution”. 

Despite cease-fire, highhandedness of 

the security forces continued unabated. 

The State government and the civil 

society groups protested the extrajudicial 

execution of Khandemo Kiran on 13 

September 2004. At around 1 pm, two 

Naga youth riding on a motorcycle were 

reportedly shot at without any warning by 

the Central Reserve Police Force 

personnel at a checkpost at Merapani on 

the Assam-Nagaland border. Khandemo 

Kiran, who was riding pillion, was killed 

on the spot. His friend, Lilamo Lotha, was 

seriously injured and rushed to hospital. 

Although the CRPF personnel claimed 

that the youth were shot at when they did 

not heed to their signal to stop at a checkpoint, 

1 a spot verification conducted by a 

High Level Nagaland Official team and 

statements of eyewitnesses revealed that 

the security forces opened fire without 

warning. The deceased and his friend had 

come from Bhandari to repair their bike in 

a workshop at Merapani Seed Farm 

Junction, just 400 feets away from the 

61st CRPF camp at ‘D’ Sector. After 

repairing their bike, the duo tested it by 

riding about 200 feets towards the gate of 

the 61 CRPF. When they made a “U- turn” 

to return to the workshop to pay for the 

repairing charge, a CRPF personnel 

identified as Havildar Manowar Ram 

Kumar standing at the road side fired 

randomly at the two, killing Khandemo 

Kiran on the spot. Even the workshop 

184 

owner testified that the killing was of 

extrajudicial nature. The Nagaland Police 

further alleged that the CPRF jawans had 

washed away the bloodstain before they 

reached at the scene. 2 

On 2 October 2004 morning, at least 

35 persons died and over 100 were injured 

in two simultaneous bomb blasts by 

alleged non-Naga armed opposition 

groups at a railway station and nearby 

Hongkong Market in Dimapur, Nagaland. 

The platform was crowded with people, 

including school children, waiting to board 

the train to Bokajan in Assam’s Karbi 

Anglong district, when the bomb planted 

near the entrance went off. 3 

There have been reports of killings in 

the rivalry amongst different factions of 

the Naga armed opposition groups. 

On 27 May 2004, unidentified 

gunmen shot at a well-known Civil 

Hospital surgeon Dr Maong- wati Aier in 

the hospital premises in Dimapur in broad 

daylight. 4 

On 18 October 2004, hundreds of 

students from various educational 

institutions protested at Phek against 

targeting educational institutions and 

innocent school students by cadres of both 

factions of the NSCN. On 22 September 

2004, a Class B student of Chokri Baptist 

School in Chetheba was reportedly shot 

while going to school. Another two 

students of Government High School 

Boys’ Hostel, Chetheba, were allegedly 

physically assaulted, an elderly man was 

mercilessly beaten and two school 

buildings at Chesezu were damaged by


firing by cadres of NSCN-IM. In a 

factional clash between the cadres of 

NSCN (IM) and Federal Government of 

Nagaland (FGN) in Lasumi village under 

the Pfutsero subdivision of the Phek 

district in October 2004, several houses in 

the village were destroyed. 5 

On 16 December 2004, unidentified 

gunmen shot dead Naga Youth Movement 

(NYM) president Besulhu Tetaco and 

injured another member in Kohima. 6 

On 18 March 2004, hundreds of nontribals, 

mainly labourers and traders, were 

reportedly deported from Kohima by the 

district administration for not possessing 

mandatory Inner Line Permits or valid 

documents. Hundreds of alleged illegal 

migrants were reportedly herded into a 

playground. Many of these people, their 

hands tied, were put on trucks and sent to 

Dimapur later. 7 While immigration and 

violations of the ILP pose serious 

problems in the Northeast, the State 

government often fails to take appropriate 

actions and abdicates its responsibility to 

non-state groups. On 3 August 2004, the 

Naga Students’ Federation (NSF) asked all 

the “non-local” shopkeepers to shut down 

their business establishments in Kohima 

and keep off streets following alleged rape 

of a four-year-old tribal girl by alleged 

Bangladeshi labourers, who were engaged 

in a Church construction, at Lerie colony 

in Kohima on 29 July 2004. 8 

On the morning of 22 November 

2004, 45-year-old Keijangpao Daimei, an 

assistant teacher of Khoupum primary 

school was shot dead near the eastern gate 

of Chingmeirong Kabui Khul under 

Heingang police station. Later a statement 

purportedly issued by KK Pamei, security 

commander, FGN, Zeliangrong region, 

claimed responsibility for the killing. The 

statement identified the dead man as 

Gaichampou Pamei, and accused him of 

being ‘against the nation’. 9 

■ 

185


186

Chapter20 

Orissa 

I. Overview 

Ruled by the Biju Janata Dal, Orissa is close to Bihar in terms 

of lawlessness. While 490 kidnapping cases were registered 

in 2003, the number stood at 279 till June 2004. 1 Fifty out of 

the 147 Members of Legislative Assembly reportedly have cases 

registered with the police while six have non-bailable warrants 

against them. 2 

The security forces have been responsible for arbitrary arrest, 

torture, custodial death, rape and extrajudicial killings.

INDIA HUMAN RIGHTS REPORT 2005 Orissa 

Though the State government of 

Orissa and the People’s War Group (PWG) 

expressed the desire to sit for dialogue, no 

dialogue could be held at the end of 2004. 

The talks suffered further setback when 

the police arrested 18 Adivasis on 16 

September 2004 near Govindapali Ghat in 

Malkangiri district while they were 

returning along with 70 others after 

participating in a public rally in 

Bhubaneswar. 3 

The Advasis continued to live under 

the threats of forced eviction and land 

alienation. They suffered from acute 

poverty, disease, malnutrition and 

starvation deaths. Deprived of minor forest 

produce, thousands of them have been 

reportedly migrating to outside of Orissa. 

Poverty severely impacts upon the 

indigenous peoples’ access to justice. 

Duga Munda of Patadiha village in 

Sundergarh district had to spend 11 years 

in jail as he was too poor to pay for his bail 

bond of Rs 5000 until the Orissa High 

Court ordered his release on 8 November 

2004. 4 The Orissa government also failed 

to release Justice P K Misra Commission 

of Inquiry Report into the killing of three 

Adivasis in police firing on 16 December 

2000 at Kashipur. They were protesting 

against the appropriation of their lands for 

Utkal Alumina’s bauxite mine and 

refinery, promoted by the Aditya Birla 

Group and Canadian mining giant Alcan. 

The report was reportedly submitted on 17 

January 2003. 5 

Impunity contributes to growing 

atrocities against the Dalits by the upper 

188 

castes. Of the 4,084 cases of atrocities 

against Scheduled Castes recorded in the 

State during the period of 1 March 2000 

and 1 May 2004, charge-sheets have been 

submitted in only 2,518 of these cases. 

While five persons have been convicted of 

such charges during 2000, four have been 

convicted in 2001 and one each in 2002 

and 2003. 6 



There have been consistent reports of 

arbitrary deprivation of the right to life. 

The National Human Rights Commission 

registered 46 cases of custodial deaths in 

Orissa in 1999-2000, 57 cases in 2000- 

2001, 56 cases in 2001-2002 and 42 in 

2002-2003. There were 7 deaths in police 

custody in 2001-2002 against 2 cases of 

death in police custody in 2000-2001. 7 

On 31 December 2003, Narayan 

Behera of Badajorda village died under 

detention in the Bit House Investigation 

Room of Bikrampur Police Station in 

Telcher of Angul district. He was arrested in 

connection with a murder case that took 

place in Joroda Panchayat. He was 

reportedly found hanging from a ceiling fan 

in the Bit House. While police claimed that 

he had committed suicide, the deceased’s 

family and villagers, however, alleged that 

Narayan was hanged after being tortured to 

death. The Officer-in-Charge (OC) of 

Bikrampur police station, Shobha Patnaik 

and Assistant Sub-Inspector of the Bit 

House, Dwari Muduli were suspended


following public protest. 8 On 9 August 

2004, the Orissa High Court directed the 

Superintendent of Police of Angul to file a 

report. 9 

On 15 September 2004, one Nandu 

Badaik, a murder suspect, died in the 

custody of the Biramitrapur police station 

in Sundergarh district. He was picked up 

along with a truck driver, Arjun Xalxo for 

interrogation after the dead body of their 

truck cleaner, Rama Xalxo, was recovered 

on 12 September 2004. The truck cleaner 

bore injuries on different parts of his body. 

The police claimed that while being 

interrogated at the Biramitrapur police 

station, Nandu Badaik developed 

uneasiness and fainted. He was 

immediately rushed to a nearby private 

nursing home and later shifted to a 

government hospital at Rourkela, where he 

succumbed to his illness. 10 But according 

to statements of Bimala, wife of Arjun 

Xalxo alias Raju Sonani, and Raju’s 

nephew, when they had gone in the night 

to the police station to offer dinner, they 

saw police officials severely thrashing 

Nandu. 11 The state government ordered a 

judicial inquiry into the alleged custodial 

death of Nandu. 12 

On 10 May 2004, the Orissa High 

Court ordered a judicial inquiry by retired 

High Court judge C R Pal into the 

custodial death of one Pitambar Pradhan 

of Bhakuda village under Balichandra 

police station of Jajpur district. The 

deceased’s widow, Ahalya Pradhan had 

petitioned the High Court following 

closure of the case by the police as suicide. 

The deceased was arrested by Mahanga 

police on 29 January 2003 for his alleged 

involvement in some crimes. He died in 

the police custody on 30 January 2003. On 

the next day i.e. 1 February 2004, the 

deceased’s wife Ahalya Pradhan was 

asked by the Officer-in-Charge of Salipur 

and circle inspector to come to Mahanga 

police station for the bail of her husband. 

However, when she went there 

accompanied by one Sudhir Mishra, she 

found her husband dead. She alleged that 

after taking her signature on a blank paper, 

her husband’s body was sent for autopsy. 

But instead of handing over the body to the 

family after the autopsy, the police 

allegedly cremated it without the family’s 

prior consent. 13 While police claimed that 

Pitambar had committed suicide by 

hanging himself with his shirt, Ahalya 

alleged that her husband was tortured to 

death and efforts were being made to 

suppress facts. Earlier, the case had been 

closed after the police, backed by postmortem 

report and forensic report, 

dismissed the case as a suicide. 14 


torture 


of the suspects and innocent persons are 

widespread in Orissa. 

On 14 January 2004, the court of the 

sub-divisional judicial magistrate (SDJM) 

in Cuttack directed the Inspector in charge 

of Lalbag police station to appear before 

him to explain how a woman was arrested 

in place of a male accused. As per case 

189


records, an arrest warrant was pending 

against an 18-year-old youth Papi 

Gochhayat. However, Lalbag police 

arrested the 35-year-old wife of one 

Sukadev Gochhayat, bearing the same 

name with the accused, and produced her 

before the court. The SDJM court also 

directed the authorities concerned to 

immediately release the innocent woman. 15 

On 17 January 2004, Tusharkanta 

Acharya was picked up and allegedly 

subjected to torture by the police personnel 

of the Laxmisagar police station in 

Bhubaneswar. He was subsequently 

detained for several days without being 

produced in the court and mercilessly 

beaten up in lock-up. Following a petition 

by the victim’s wife Snehanjali Acharya, 

in May 2004 the Orissa High Court 

directed the chief judicial magistrate, 

Khurda to investigate the alleged torture. 16 

On 16 June 2004, Prakash Sahu of 

Narendrapur village under Sarankul police 

station limits in Nayagarh district was 

picked up by the police after they allegedly 

caught him red handed while playing 

satta, gambling, with some locals inside 

the Jhadeswari Temple premises. In the 

police station Sahu was allegedly brutally 

beaten up by the policemen. He had to be 

rushed to the SCB Medical College and 

Hospital, Cuttack in critical condition. 17 


There has been sharp increase of 

violence against women in Orissa. The 

white paper published by the State Home 

Department reported a sharp increase of 

190 

incidents of atrocities on women in 2003. 

The white paper stated that there has been 

an increase of 4.9 per cent in rape - 725 

rape cases were recorded in 2003 

compared to 691 in 2002. 420 cases of 

dowry related deaths were reported in 

2003, compared to 418 in the previous 

year. A total 1240 dowry related torture 

cares were reported in 2003 compared to 

1040 in 2002. 18 

The law enforcement personnel were 

also responsible for alleged rape. 

On the night of 6 June 2004, a 

woman was allegedly gang raped by three 

policemen at the premises of the Bank of 

Baroda at Buxi Bazar under Cantonment 

police station limits. The victim was 

waiting for a rickshaw near the Bhartia 

Towers at Badambadi Bus Stand at 

around 8 pm to go to her brother’s house 

when two policemen offered her a lift, 

assuring to take her to her brother’s 

house. But the policemen took her to the 

Bank of Baroda premises, where another 

three policemen appeared. The policemen 

allegedly watched pornographic films, 

forced her to drink liquor, and raped her 

for six hours from 9 p.m. to 3 a.m. She 

was also allegedly beaten up and forced 

to indulge in unnatural sex. At about 3 

a.m. they released her from the bank 

premises by offering her some money 

while threatening her with dire 

consequences if she spoke to any one 

about the incident. She escaped to her 

relative’s house at Kantilo village in 

Nayagarh district, from where the police 

recovered her on 23 June 2004, and sent


her to the SCB Medical College and 

Hospital for medical examination. 19 The 

woman alleged before the investigating 

officers that though she approached the 

Cantonment police station in Cuttack 

twice, her case was not registered by the 

officer-in-charge. 20 On 22 June 2004, five 

Armed Police Reserve personnel 

identified as Havildar Sk. J. Sajjedin, 

constable no. 1196 Kailash Kandi, 

constable no.1845 Pratap Sahoo, 

constable no. 1676 Ashok Mallick and 

constable no. 236 Krushna Chandra 

Behera were arrested. 21 However, the 

victim failed to identify the accused in a 

test identification parade at the Choudwar 

Circle Jail, Choudwar on 26 June 2004. It 

was reported that police made attempt to 

hush up the case and might have 

threatened the victim. 22 On 7 July 2004, 

the court of the additional district and 

sessions judge rejected the bail petition of 

the five police personnel. 23 

In October 2004, Nayapalli police 

arrested one Karunakar Jena, a CRPF 

jawan on charges of abducting and raping 

a 15-year-old minor girl. The accused had 

abducted the girl while shopping from a 

market in Kolkata and took her to 

Bhubaneswar. He allegedly raped her 

continuously. However, the girl managed 

to escape and informed her parents. Acting 

on the complaints lodged by the parents, 

police arrested Jena. 24 

On 25 October 2004, Pratima Biswal, 

an alleged AIDS patient was allegedly 

burnt to death by her in-laws at 

Tentuliapada under Kodala police station 

limits in Ganjam district. According to 

reports, Biswal had lost her husband about 

one and half years back. She lost both her 

children soon after in quick succession. 

The death of her husband and the two 

children gave rise to suspicion among the 

villagers that they were all victims of 

AIDS. When Biswal returned to her inlaw’s 

house on 24 October 2004, she was 

allegedly burnt inside the house. 25 


Impunity against atrocities on the 

Dalits by the upper castes has been 

responsible for increasing violence. Of the 

4,084 cases of atrocities against Scheduled 

Castes recorded in the Orissa from 1 

March 2000 to 1 May 2004, charge-sheets 

have been submitted in only 2,518 of these 

cases. While five persons were convicted 

in 2000, four were convicted in 2001 and 

one each in 2002 and 2003. 26 

The State government also refused to 

implement the scale of relief payable to 

the Scheduled Castes and Scheduled 

Tribes victims as prescribed in the SC & 

ST (Prevention of Atrocities) Act, 1989. 

On 27 February 2004, the State 

government increased compensation to a 

Dalit victim of atrocities following suo 

motu intervention of the NHRC in April 

2001. The victim was beaten up and fined 

Rs.4,000/- by the upper caste people at 

Ganda Turum village in Bhaden block for 

entering their prayer meeting. The NHRC 

reportedly found out that although a case 

had been registered against the accused, 

the state government had sanctioned a 

191


compensation of only Rs 1,000 in 

accordance with the compensation 

prescribed under a state government 

resolution adopted in 1985. The NHRC 

directed the State Government to take 

appropriate remedial measures under the 

relevant provision of SC & ST 

(Prevention of Atrocities) Act, 1989. In 

July 2003, Orissa government admitted 

that the scale of relief prescribed under 

the ST/SC (Prevention of Atrocities) 

Rules 1995 had not been implemented in 

the state so far. The state government on 

27 February 2004 declared to pay Rs 

5,250 more to the victim as 

compensation. 27 

In July 2004, an ashram built by the 

Dalits at Badaya village under Aul Block 

in Kendrapara district was demolished by 

officials from the Revenue Department 

allegedly in connivance with the upper 

caste people. The Dalits in protest urged 

the District Magistrate to allow them to 

change their religious faith under the 

Orissa Freedom of Religion Act. 28 

In September 2004, NHRC issued a 

notice to the Kendrapada district 

administration in connection with the 

assault of family members of Alekh 

Behera, a Dalit, by a group of upper caste 

villagers at Pahana village under Patkura 

police station limits in Kendrapada 

district. The upper caste villagers also 

allegedly forcefully drove away other 

Dalit villagers from their houses. When 

the district administration allegedly failed 

to give protection, the ostracized Dalit 

families approached NHRC. 29 

192 

V. Atrocities against the Adivasis 

The Adivasis, indigenous peoples, 

face discrimination, eviction, extensive 

land alienation and displacement due to 

development projects which do not benefit 

them but destroy their cultural identities. 

Adivasi inhabited areas are known for 

famine, and every year thousands of 

indigenous peoples from Orissa reportedly 

migrate to other parts of the country 

especially Mumbai, Hyderabad, Surat and 

Assam in search of livelihood. From 

March to May 2004, more than 8,000 

indigenous peoples from Paralakhemundi 

district, 2,500 tribals from Gumma block 

reportedly left for Mumbai. 30 

Denial of access to minor forest 

produce has left thousands of Adivasis 

without any means of livelihood. Forest 

officials have filed thousands of 

complaints against indigenous peoples for 

collecting minor forest produce. On 11 

October 2004, the State government 

reportedly directed the Forest Department 

to withdraw all 11,424 minor cases 

involving forest produce of less than Rs 

100. Indigenous peoples are often harassed 

in petty forest offences while the timber 

mafia continues its business with virtual 

impunity. 31 

Poverty severely impacts access to 

justice by indigenous peoples. Duga 

Munda of Patadiha village in Sundergarh 

district had to spend 11 years in jail as he 

was too poor to pay for his bail bond of Rs 

5,000 until the Orissa High Court ordered 

his release on 8 November 2004. He was 

arrested in October 1991 in connection


with the murder of his brother. However, 

the district and sessions judge of 

Sundergarh acquitted him in the case in 

1992 because of the lack of evidence. The 

state government had challenged the lower 

court’s order in the High Court. He was rearrested 

in 1993 following a high court 

order. While ordering his re-arrest the high 

court however had directed that the 

accused might be released on bail bond of 

Rs. 5,000 and two sureties. But he failed to 

arrange any. His plight came to light in 

August 2004 when he wrote a letter to the 

Chief Justice of the High Court explaining 

his ordeal. 32 

Displacement by development 

projects continues to play havoc with 

indigenous peoples. In January 2004, the 

Orissa High Court reportedly stayed the 

acquisition of tribal lands by Jindal Steel 

Company in Deojhar village of Keonjhar 

district. The court also served show cause 

notice on the state government. A writ 

petition filed by 77 Adivasi people 

including one Phutakar Munda alleged 

that the company illegally acquired lands 

in tribal populated Sialijoda and Ketabeda 

villages of Deojhar. Large portion of about 

244.68 acres of lands already acquired by 

the company include cultivable lands, 

grazing field and forestlands. 33 

On 1 February 2004, officials of the 

Sterlite India Limited with help of local 

police evicted about 35 families from 

Kinari under Belamba of Kalahandi 

district. They were asked to pack their 

belongings and kept in the rehabilitation 

colony constructed on the slope of a hill by 

the company and bulldozed the entire 

Kinari village. The Advasis from 

Kapaguda, Belamba, Turiguda, 

Sindhbahali, Boringpadar and Basantapada 

villages have been opposing the 

establishment by the Sterlite Company. 34 

The indigenous peoples of Kashipur 

block, Rayagada district have been facing 

atrocities from the security forces for 

protesting the forcible takeover of their 

lands for Utkal Alumina’s bauxite mine 

and refinery, promoted by the Aditya 

Birla Group and Canadian mining giant 

Alcan. On 20 September 2004, a Chief 

Minister’s office release stated that the 

compensation per acre of unirrigated 

upland has been enhanced from Rs 

21,000 to Rs 1 lakh, while for paddy land 

it has been increased from Rs 50,000 to 

Rs 1.5 lakh. The upgraded compensation 

for homestead land stood at Rs 8 lakh per 

acre against the earlier rate of Rs 71,000. 

The package has been allegedly formally 

approved in the Zilla Parishad and the 

Gram Sabhas of three villages - 

Ramibeda, Kendukhunti and D’Koral, 

from where people would be displaced. 35 

However, indigenous peoples continued 

their protests. On 25 November 2004, 

Orissa Chief Minister Naveen Patnaik 

was quoted as saying that anti-mining 

struggles would be firmly dealt with. On 

1 December 2004, a peaceful gathering of 

about 300 Adivasis and dalit residents, 

predominantly women, was lathicharged 

and all entry into and exit from the 

Kashipur villages was temporarily 

banned. 36 The government has also failed 

193


to release Justice P K Misra Commission 

of Inquiry Report into the killing of three 

Adivasis in police firing on 16 December 

2000 at Kashipur. The commission had 

submitted its report to the government on 

17 January 2003. 37 

The indigenous peoples living in 

Similipal Wildlife Sanctuary in 

Mayurbhanj district have been facing the 

threat of forcible eviction from the 

sanctuary forests. On 1 August 2004, a 

clash broke out between the indigenous 

villagers of Joranda village in Mayurbhanj 

district and the forest officials who had 

gone there to destroy the paddy crops 

cultivated by indigenous peoples. 38 

On 3 December 2004, hundreds of 

indigenous men and women launched a 

demonstration outside the Orissa 

Assembly demanding their right to the 

forestland and the allotment of pattas for 

the land under their occupation in the 

forest-covered areas of the state. The 

indigenous peoples accused the State 

government of launching the eviction 

drive without conducting a proper survey 

to distinguish genuine occupants of 

forestland from the encroachers. 39 

Indigenous peoples also remain 

disproportionate victims of starvation 

deaths. Between 11 June 2004 and 1 July 

2004, 10 (ten) tribal children, aged 2 to 5 

years, allegedly died of malnutrition at 

Dongiriguda village under Jharigaon block 

of Nawrangpur district. The victims had 

also been suffering from diarrhoea and 

fever but had no access to medical 

facilities. The nearest community health 

194 

centre at Jharigaon was 30 km away. 

However, Nawrangpur District Collector, 

Arabinda Kumar denied that the deaths 

were due to starvation. 40 

On 23 October 2004, one Nupura 

Majhi of Mahagaon village under 

Sinapalli block of Nuapada district 

reportedly died due to starvation. 41 

Taking advantage of poverty, 

indigenous women have been sexually 

exploited by non-tribals. Thousands of 

girls between 12-25 years of age are 

reportedly giving birth to illegitimate kids. 

According to reports, there are more than 

4,000 unwed mothers in different parts of 

rural Orissa, most of whom are destitute. 

While some have become scavengers, 

others have ended up in mental asylums. 

All the unwed tribal mothers have the 

same story. 42 

In January 2004, an 8-year-old tribal 

girl of Cuttack was found in a precarious 

condition by the Officer-in-Charge of 

Jagatpur police station. She was allegedly 

raped and subjected to inhuman torture by 

one Susant Naik who was later arrested by 

the police. On the direction of the Orissa 

State Human Rights Commission, the state 

government reportedly paid Rs 25,000 as 

compensation to the victim. 43 

VI. Atrocities by the armed 


Though the People’s War Group and 

the State government of Orissa expressed 

the desire to sit for dialogue, no dialogue 

could be held by 2004. While PWG 

insisted on declaration of cease-fire, the


State government insisted on talks sans 

conditions. 44 The talks suffered further 

setback when on 16 September 2004, 

Orissa police detained 18 Adivasis near 

Govindapali Ghat in Malkangiri district 

while they were returning along with 70 

others in six vehicles from a public 

meeting held in Bhubaneswar. 45 The 

Police claimed that they have arrested as 

many as 267 Naxalites and their 

supporters by June 2004. 46 

The Naxalites have been responsible 

for violation of humanitarian laws. 

On the night of 24 April 2004, the Kui 

Shanti Sena leader, Daku Majhi was 

reportedly killed by suspected Naxalites of 

the People’s War Group. Daku Majhi and 

his two brothers, Bandaka and Lunduka, 

were traveling on a motorcycle in 

Muniguda forest when heavily armed 

alleged PWG cadres attacked them. While 

Daku was killed, his brothers managed to 

escape with bullet injuries. Daku’s body 

with a slit throat and numerous bullet 

injuries was recovered by police from 

Muniguda forest, about five km from 

Chandrapur. 47 

On 11 December 2004, Tula Madkani, 

a Class X student of MV-61 High School 

in Krati village under Padiabeda police 

station limits in Malkangiri district was 

abducted by the Naxalites. Madkani had 

allegedly earlier agreed to join the Naxal 

camps but later he changed his mind. He 

ignored the call by the Naxals to join them 

during the observation of martyrs’ day. On 

11 December 2004 when Tula was getting 

ready to go for tuition, a group of armed 

Naxalites came to his house and forcibly 

took him away. 48 

■ 

195


196

Chapter21 

Punjab 

I. Overview 

Ruled by the Indian National Congress, Punjab continued to 

suffer from impunity for human rights violations 

institutionalised during the counter insurgency operations in 

1980s and early 1990s. Although on 11 November 2004, National 

Human Rights Commission ordered the Punjab Government to pay 

compensation of Rs 2.72 crores to the kin of 109 persons who had 

died in custody of the police during the insurgency, the NHRC 

declined to bring in its ambit all the “police killings” for inquiry and

INDIA HUMAN RIGHTS REPORT 2005 Punjab 

making public various reports of inquiries 

by Central Bureau of Investigation 

regarding 2,097 cases referred to it by the 

Supreme Court for deciding the 

compensation aspect. 1 The perpetrators 

responsible for disappearance of human 

rights activist, Jaswant Singh Kalra 

remained at large. 

Although, Punjab has not been facing 

an internal armed conflict at present, 

Punjab Police personnel were responsible 

for gross and widespread human rights 

violations including arbitrary deprivation 

of the right to life, enforced disappearance, 

arbitrary detention, torture etc. 

Punjab continued to witness large 

number of custodial deaths - both in 

judicial and police custody as a result of 

torture. The Punjab State Human Rights 

Commission (PSHRC) registered 87 cases 

of custodial deaths from 1 January to 30 

November 2004. 2 On 10 June 2004, Jaspal 

Singh, a farmer of border village Dhunna 

in Amritsar district was killed at Kalra 

Police station of Tarn Taran district. 3 

Torture is endemic and a part of the 

administration of justice. The Punjab 

Police and the Punjab Vigilance Bureau 

personnel allegedly harassed the family 

members of Jaskaran Singh, whose 

petition in the Punjab and Haryana High 

Court led to the quashing of illegal 

selection of seven Deputy Superintendent 

of Police (DSP), including sons of the 

Chief Minister’s media advisor B I S 

Chahal and Ferozepur Senior 

Superintendent of Police (SSP) Harinder 

Singh Chahal, on 15 October 2004. 4 

198 

Earlier on 8 October 2004, the Vigilance 

Department registered a false case at 

Ferozepur, accusing Kheta Singh, the 68year-old 

father and a brother of Jaskaran 

Singh of helping a woman get old-age 

pension of Rs 200 a month though her 

husband allegedly owned eight acres land. 

Vigilance department arrested both and 

detained them illegally for 10 days. 5 The 

only action taken by the state government 

was the transfer of Ferozepur Vigilance 

SP, Inderjit Singh Randhawa on 25 

October 2004. This is despite the fact that 

Chief Minister Amarinder Singh himself 

regretted the arrest of Kheta Singh. 6 

Prisons in Punjab have virtually 

turned into chambers of torture. Undertrial 

Rocky of Amritsar Central Security Jail 

was tattooed “Yeh Chor Hai” (this one is a 

thief) on the night of 30 June 2004 for 

demanding food according to the jail 

manual. A deputy Superintendent and a jail 

doctor of Jalandar Central Jail inscribed 

“choorraa” 7 (lower caste) on the back of 

another under-trial and a Dalit, Malkiat 

Singh on the night of 2 July 2004 for 

demanding medical treatment. Relatives of 

ailing inmates needed to bribe the medical 

staff of the jails to get their kin referred to 

civil hospital for proper medical 

treatment. 8 

Women continued to face violence. 

Rano of Bhattian village in Patiala district 

allegedly became a victim of “honour 

killings” for eloping with a boy from 

another community. 9 The family members, 

especially women of the migrant workers, 

faced sexual assault and harassment.


The Dalits faced all forms of 

discrimination from the denial of 

minimum wages to the denial of entry into 

temples, land grabbing and killings at the 

hands of the upper castes. Often police 

personnel are involved in the atrocities. On 

3 August 2004, two Dalits identified as 

Gurjant Singh and Harminder Singh were 

killed and 15 others were injured when a 

group of landlords opened indiscriminate 

firing on a basti (settlement) of the Dalits 

at Kamalpur village near Dirba in Sangrur 

district following a quarrel among the 

children of the Dalits and the landlords. 10 

Children also faced illegal detention 

and torture both at the hands of the police 

and the school teachers who routinely 

award corporal punishment. 11 Three minor 

children - Sonia (13), Suman (12) and 

Gagandeep (10), grandchildren of Atam 

Prakash of Raikot in Ludhiana district 

were allegedly detained illegally and 

treated inhumanly at Chheharta police 

station in Amritsar on 5 and 6 July 2004. 

Subsequent inquiries by the police found 

the allegations to be true. 



i. Past crimes: Disappearances 

On 11 November 2004, National 

Human Rights Commission ordered the 

Punjab Government to pay compensation 

of Rs 2.72 crores to the kin of 109 persons 

who had died in custody of the police 

during the counter insurgency operations 

in the 1980s and the early 1990s. Giving 

its verdict on a batch of petitions referred 

to it by the Supreme Court for deciding the 

compensation issue, the NHRC said 25 

victims were detected by the CBI in 

Amritsar district, 54 in Majitha and 30 in 

Tarn Taran. 12 The NHRC however, 

declined to bring in its ambit all the 

“police killings” for inquiry and making 

public various CBI status reports 

regarding 2,097 cases referred to it by the 

Supreme Court for deciding the 

compensation aspect. 13 

The Supreme Court after examining 

the report submitted by Central Bureau of 

Investigation into the enforced 

disappearances stated that “The report 

indicates that 585 dead bodies were fully 

identified, 274 partially identified and 

1238 unidentified. Needless to say that the 

report discloses flagrant violation of 

human rights on a mass scale”. 

Hundreds of victims continue to be 

denied access of justice. Jagraj Singh, s/o 

Mohinder Singh, a resident of Mohali, was 

allegedly picked up by the police from 

Mohali in Ropar district on 14 January 

1995 but shown by police to have been 

killed in an encounter. In a telegram 

message to the High Court, Mohinder 

Singh had complained about the killing of 

his son, on the basis of which the Court 

issued notice to the Punjab police. But the 

authorities denied the allegations. 

Subsequently, the High Court had handed 

over the matter to the CBI and a case of 

kidnapping was registered. The CBI had 

filed an untraced report, saying the 

deceased was not arrested but killed in an 

199


encounter with the police. However, 

Patiala’s Special Judge rejected the CBI 

report on 9 April 2003. 14 

Impunity is rampant. The perpetrators 

responsible for the disappearance of 

Jaswant Singh Kalra, who disappeared 

while investigating into the 

disappearances are yet to be punished. 15 

ii. Arbitrary deprivation of the right to 

life 

Punjab witnessed large number of 

arbitrary, summary and extrajudicial 

executions. The Punjab State Human 

Rights Commission recorded 87 cases of 

custodial deaths between 1st January and 

30 November 2004. Of these only 32 cases 

have been disposed off by the 

Commission. In 2003, 92 custodial death 

cases were reported to the PSHRC. 16 The 

NHRC had registered 53 cases of custodial 

deaths in 1999-2000, 61 cases in 2000- 

2001, 77 cases in 2001-2002 and 74 cases 

in 2002-2003. 17 

On the evening of 18 January 2004, 

Harvinder Singh, a resident of Kalabula 

village in Sangrur district reportedly died 

in the custody of Sherpur police station 

after he was summoned there for 

interrogations about a Maruti car whose 

engine number and chassis number were 

different from the numbers mentioned in 

registration book. He was rushed to the 

Sherpur Hospital from where he was 

referred to Dhuri Hospital. He was 

declared “brought dead” at Dhuri hospital. 

The police claimed that the victim 

suddenly fell unconscious during 

200 

interrogations. But, the residents alleged 

that the deceased was tortured to death. 

The SHO Kulwinder Singh was suspended 

and a case of murder was registered 

against him and other guilty police 

officials. 18 On 18 February 2004, Punjab 

police reportedly arrested SHO Kulwinder 

Singh and constable Sohan Singh. 19 

On 21 April 2004, a truck driver Jasbir 

Singh died in the civil hospital after being 

allegedly beaten up by some police 

officials while in custody at the division 

number 8 police station near Lamba Pind 

chowk in Jalandhar on 19 April 2004. The 

villagers alleged that he was tortured to 

death. 20 A magisterial inquiry was ordered 

into the killing. 21 

On 4 May 2004, Harjit Singh, a 

resident of Kalanaur in Gurdaspur district, 

was reportedly picked up from his home in 

the presence of his wife Surinder Kaur for 

interrogation in connection with a vehicle 

theft case. Surinder Kaur alleged that three 

days later, she along with her brother saw 

her husband lying on the floor in the police 

lock-up in a critical condition. Later, she 

learnt about her husband’s death in 

Government Guru Nanak Hospital, 

Amritsar. 22 

On 7 June 2004, Rakesh Kumar of 

Rakran Dhahan village reportedly died in 

police custody of the Balachaur Police 

Station under Nawanshahr district. Police 

claimed that he had committed suicide by 

hanging himself from a low-lying tap in 

the police station bathroom with his 

pyjamas. While a police officer insisted on 

the use of pyjamas, another police official


said it was trousers. In his preliminary 

report of inquiry into the death of the 

deceased, Balachaur Sub Divisional 

Magistrate A.S. Sahi reportedly stated that 

the police theory of suicide by the victim 

cannot be believed and that circumstantial 

evidence had pointed out that Rakesh 

Kumar did not commit suicide. 23 On 7 June 

2004, Kewal Krishan, a resident of 

Balachaur township in Nawnshahr district 

was killed in police firing on the innocent 

people who were protesting against the 

custodial killing of Rakesh Kumar. 

Another resident, Rajesh also sustained a 

bullet injury in the shoulder. 24 

On 10 June 2004, Jaspal Singh, a 

farmer of border village Dhunna in 

Amritsar district was killed at Khalra 

Police station under Tarn Taran district. 

Charanjit Bittu, Brahm Dutt and his son 

had allegedly forcibly taken Jagtar Singh, 

elder brother of the deceased, to the Khalra 

police station in connivance with the 

police and detained him. They also forced 

Jaspal Singh to appear before the Station 

House Officer through village elders. Bittu 

allegedly humiliated and intimidated 

Jaspal Singh and his family members, who 

owed money to Brahm Dutt. Sub 

Divisional Magistrate of Patti, S.K. 

Shabbarwal was reportedly directed to 

conduct a magisterial inquiry into the 

death. 25 Buta Singh, the SHO and Brahm 

Dutt, his son and Charanjit Bittu were 

reportedly booked under sections 306, 

506, 342 and 34 of the Indian Penal Code 

for allegedly ‘killing’ Jaspal Singh. On 11 

June 2004, an ASI, Surjit Singh was 

arrested in the same case. 26 

On 8 October 2004, Amrik Singh of 

Punnawal village was killed in the custody 

of the Sadar police station in Dhuri in 

Sangrur district. In a representation 

submitted to the Inspector-General of 

Police, Darshan Singh, brother of the 

deceased, alleged that the deceased died 

after being beaten up by Kulwant Singh, a 

resident of Punnawal village in the 

presence of the SHO. The assailant 

allegedly wanted to take possession of the 

deceased’s land. 27 

On 14 December 2004, 74-year-old 

Tara Singh, a resident of Gorkha village 

near Tarn Taran in Amritsar district died at 

Guru Ram Das Hospital while in police 

custody of Tarn Taran city police. He was 

arrested along with his wife Bhajan Kaur 

and son Malkiat Singh in connection with 

alleged poisoning of their daughter-in-law 

Paramjit Kaur on 9 December 2004. 28 

Many are also killed in indiscriminate 

firing by the police. 

On 29 March 2004, Angrej Singh, a 

resident of the village Basipur, near Tarn 

Taran was killed and 150 others, including 

24 women, were injured in a police firing 

on the protesting farmers at Manawala 

Railway station in Amritsar district. 29 On 7 

April 2004, the Judicial Accountability 

and Human Rights Promotion 

Organisation alleged that the authorities 

instead of booking responsible police 

officials for the killing of the farmer, 

registered cases against many persons 

including a 12-year-old boy, who were 

subsequently detained. 30 

201


iii. Arbitrary arrest, detention and 

torture 

Illegal detention and torture to extract 

confession and to settle personal enmity 

were widely reported from Punjab. 

On 5 February 2004, Senior 

Superintendent of Police, Gurdaspur R P S 

Brar reportedly suspended ASI Parminder 

Singh and constable Hardeep Kumar 

posted at Tugalwal police post under 

Kahnuwan police station in Gurdaspur 

district following complaints of illegal 

detention and brutal torture of Surjeet 

Singh and Sandeep Kumar. The two 

policemen had allegedly picked up the two 

youth when they were returning to their 

village without any reason and subjected 

them to merciless beating in the police 

station. Marks of injuries were reported to 

be visible on their bodies. 31 

On 25 March 2004, Balwinder Singh 

of Chamkaur Sahib and Ajit Singh of a 

village near Khanna in Ropar district were 

arrested and detained at Chamkaur Sahib 

police station in connection with a case of 

theft and robbery. Medical examinations 

conducted on the direction of the court of 

Additional Chief Judicial Magistrate 

confirmed torture in police custody. Their 

bodies bore injury marks. They were also 

reportedly given electric shocks. The 

doctor referred them to an ENT expert as 

they complained of impaired hearing due 

to the shocks. 32 

On the night of 25 April 2004, Inderjit 

Singh of Bhail Dhaiwala village in 

Amritsar district was allegedly picked up 

from his house by a police party of Sadar 

202 

police station led by SHO Naurang Singh. 

They were enquiring about the 

whereabouts of his brother Jatinderpal 

Singh who had allegedly kidnapped a girl 

and married her. Inderjit Singh alleged that 

police detained him illegally for four days 

during which the SHO and other 

policemen subjected him to third degree 

torture and humiliation, sometimes in the 

presence of the brother and the father of 

the girl. The policemen also allegedly 

forced him to eat excreta. 33 

The Punjab Police reportedly picked 

up a Nepalese national in June 2004 in 

connection with a theft case allegedly 

committed by his son and two others in a 

house near Lawrence Road in Amritsar. He 

was kept in chain for three days in illegal 

custody at the Lawrence Road police 

chowki. Later the incident came into light 

following the intervention of Laxmi Kanta 

Chawla, Punjab State vice-president of the 

BJP who was allegedly booked in a 

fabricated case of possessing liquor and 

was lodged at Amritsar Central Jail. 34 Head 

Constable Kulwant Singh and constables 

Balwinder Singh, Ishwar Lal and Sanjeev 

Kumar were suspended after an inquiry 

conducted by the Deputy Superintendent 

of Police founded them guilty. The inquiry 

was ordered at the instance of the Union 

Ministry of Home Affairs after the 

Government of Nepal complained about 

the incident. 35 

Harjit Singh Happy, a driver from 

Bool village near Dehlon in Ludhiana 

district was reportedly picked up by the 

police on 6 July 2004 for questioning in a


theft case. The personnel of the Criminal 

Investigation Agency, Jagraon to whom he 

was handed over allegedly beat him up 

brutally and gave electric shocks on his 

private parts for two days to extract 

information from him. He fell unconscious 

and had to be treated at Mohan Dai Cancer 

Hospital in Ludhiana on 8 July 2004. 

According to the hospital doctors, Harjit 

complained of police torture at the time of 

his admission and required consultations 

of a surgeon, an orthopedist and an MD. 36 

In early August 2004, Jaswant Singh 

of Deep Singh Wala village in Faridkot 

district was admitted to surgery ward No 3 

of Guru Gobind Singh Medical College 

Hospital, Faridkot after alleged police 

torture. There were visible marks of injury 

on his thighs. Kotkapura SHO, Nachhatar 

Singh allegedly subjected him to third 

degree torture, including electric shocks 

during ‘illegal’ custody till the police 

station was raided by a High Court’s 

warrant officer who rescued him. 37 

The Punjab Governor and 

Administrator of Union Territory of 

Chandigarh, Justice O.P. Verma ordered 

the Inspector General of Police, Punjab to 

inquire into the beating of one Amit Suri 

and his parents by the Chandigarh Police 

on 10 August 2004. 38 

In a complaint to the Punjab State 

Human Rights Commission in August 

2004, Nishan Singh, an accused in a 

murder case, alleged that Station House 

Officer (SHO) of Fatehgarh Panjtoor 

police station, Ranjeet Singh Sotha used 

third degree torture upon him during 

“illegal” custody for eight days. Soon after 

his arrest the SHO allegedly undressed 

him and blackened his face with the aid of 

other policemen. The SHO then tied him 

to a tree in the premises of the police 

station and thrashed him brutally. The 

SHO allegedly made him sit on the bonnet 

of a jeep, garlanded him with shoes, and 

took him around the village and 

humiliated him in front of villagers. A 

bottle of beer was also inserted in the 

private parts of the accused with the help 

of other policemen. 39 

On 30 July 2004, Sudershan Mittal, a 

Municipal Councilor of Samana in Patiala 

district, was reportedly picked up from his 

shop by a police party led by SHO, Rajesh 

Chhiber and took him to the Samana 

police station where the Samana Deputy 

Superintendent of Police was also present. 

As his supporters started gathering in front 

of the Samana police station, Mittal was 

whisked away to the Badshahpur police 

chowki in the sub-division, where he was 

allegedly stripped naked and meted out 

third degree methods. His signature was 

forcibly taken on blank sheets of paper. 

The victim alleged that the SHO and the 

DSP had a grudge against him since he had 

appeared as a witness in a complaint filed 

before the PSHRC against them. 40 

In mid-September 2004, Gurcharan 

Singh of Gorsian Khanna Mohammad in 

Ludhiana district was allegedly beaten up 

by the police officials of the Bhundri 

police station, where he went to lodge a 

complaint against a tractor driver whose 

vehicle collided with his jeep. The victim 

203


alleged that the police forced a 

compromise and immediately thereafter 

beat him up in drunken condition. He had 

to be admitted in the Civil Hospital, 

Jagraon. 41 

The police and the Punjab Vigilance 

Bureau personnel allegedly harassed the 

family members of Jaskaran Singh, whose 

petition in the Punjab and Haryana High 

Court led to the quashing of illegal 

selection of seven Deputy Superintendent 

of Police, including sons of the Chief 

Minister’s media advisor B I S Chahal and 

Ferozepur Senior Superintendent of Police 

Harinder Singh Chahal on 15 October 

2004. 42 Ever since Jaskaran’s filed the 

petition with the Punjab and Haryana High 

Court, police started harassing his elderly 

parents and younger brother Balkaran 

Singh in Bhagsar village of Muktsar. On 8 

October 2004, the Vigilance department 

registered a false case at Ferozepur, 

accusing Kheta Singh, the 68-year-old 

father of Jaskaran Singh and brother, of 

helping a woman get old-age pension of 

Rs 200 a month though her husband 

allegedly owned eight acres land. 

Vigilance department arrested both and 

detained them illegally for 10 days. 43 The 

only punishment given by the Punjab 

government against such harassment and 

illegal detention was transfer of Ferozepur 

Vigilance Superintendent of Police, 

Inderjit Singh Randhawa. This is despite 

that even Chief Minister Amarinder Singh 

himself regretted the arrest of Kheta 

Singh. 44 

A hotel owner, Mukesh Nayyar of 

204 

Ludhiana was allegedly picked up from 

his hotel by the Kotwali police at 12 noon 

on 4 December 2004, and detained 

illegally for more than 13 hours for his 

alleged reluctance to repay borrowed 

money. Following intervention by his 

family, he was released after midnight. He 

was allegedly humiliated and tortured by 

the police. After coming back from the 

police station he reportedly developed 

chest pain and had to be hospitalized in the 

Intensive Cardiac Care Unit of a hospital 45 

iv. Prison conditions 

The prison conditions remained 

deplorable and the rights of the prisoners 

continued to be violated. 

Relatives of ailing inmates needed to 

bribe the medical staff of the jails to get 

their kin referred to civil hospital for 

proper medical treatment. On January 

2004, the Vigilance Bureau had caught a 

policeman Dheeraj Kumar while accepting 

bribe of Rs 3000 from a relative of an 

undertrial on behalf of Dr David of the 

Jallandhar Central Jail. The Vigilance 

Bureau seized official records of the jail 

hospital and conducted raids to nab the 

absconding medical officer. Undertrials 

were allegedly referred to the local Civil 

Hospital for better treatment only if the 

officials were bribed. 46 

Deputy Superintendent of the 

Amritsar Central Jail Sardool Singh, 

police head constables- Sukhwinder 

Singh, Mahinder Singh, Gurdeep Singh 

and constables- Chanchal Singh, Harjinder 

Singh and Sham Singh were reportedly


booked under Sections 304 and 120-B of 

the Indian Penal Code after an inquiry by 

Sub-Divisional Magistrate of Ajnala found 

them responsible for the unnatural death of 

an undertrial, Lambardar Darshan Singh, 

resident of Khanowal village on 11 March 

2004. The deceased was reportedly lodged 

in the jail in a fraud case on 7 March 

2004. 47 

On the night of 27 June 2004, Sucha 

Singh, a resident of Mahilpur in 

Hoshiarpur district, allegedly died under 

mysterious circumstances in the premises 

of Jalandhar Central Jail. The jail 

authorities claimed that Sucha Singh died 

on the way to the hospital following 

complaint of pain in his heart. The mother 

of the deceased, Ms Satto, however, 

refuted the claim saying her son was 

physically fit when she met him on 23 

June 2004. A magisterial probe was 

ordered into the incident. 48 

On the morning of 30 July 2004, Kala 

Singh, a convict in a rape case, allegedly 

died under mysterious circumstances at 

Bathinda central jail. The jail 

superintendent claimed that Kala Singh 

was suffering from tuberculosis and 

remained hospitalized from 5 July 2004 to 

14 July 2004 for treatment. Suddenly his 

condition deteriorated on the morning of 

July 30 and died while being shifted to the 

Bathinda civil hospital. The doctors of the 

emergency ward declared him brought 

dead. 49 

Harbhajan Singh, a resident of Burj 

Dunna village in Moga district, who was 

lodged in the Moga jail three days earlier 

in connection with a theft case, reportedly 

died of illness on 12 August 2004. The jail 

and civil hospital staff were allegedly at 

loggerheads over the place where the 

inmate died. While the hospital staff 

claimed that he was brought dead to the 

hospital, the jail staff maintained that he 

was alive when they admitted him to the 

hospital and he died about 30 to 45 

minutes later. There was also a 

controversy over the inmate’s post mortem 

as his body was reportedly referred to 

Faridkot, another district despite the fact 

that all facilities were available in Moga 

for the same, 50 raising suspicion of foul 

play. 

On the night of 30 June 2004, the 

Deputy Jail Superintendent of Amritsar 

Central Security Jail along with some 

other employees allegedly tattooed “Yeh 

Chor Hai” on the back of Rocky, an 

undertrial, by using a hot iron rod. Rocky 

had demanded facilities like clean 

drinking water and food be provided to 

him as per the jail manual. While some of 

the jail officials forcibly held and made 

him lie on the ground, another sat on his 

back and caught Rocky by his hair and 

mouth. Unable to bear the excruciating 

pain, he fainted. A team of doctors from 

Amritsar Civil Hospital who conducted 

the medical examination on Rocky 

pursuant to a direction of the Chief 

Judicial Magistrate confirmed that “Yeh 

chor hai” marked on the back of Rocky 

was branded with hot iron rod. 51 

Malkiat Singh, a Dalit undertrial 

accused in a case of attempt to murder, 

205


was allegedly brutally beaten up and 

Deputy Superintendent of the Jail, Satpal 

Singh and the jail doctor Chander Shekhar, 

inscribed “choorraa’’ 52 (lower caste) on 

his back with the help of some surgical 

instrument at Jalandar Central Jail on the 

night of 2 July 2004. He sought some 

medicine after he suffered pain in the 

abdomen. The two also allegedly abused 

Malkiat saying, “there are no medicines 

for Scheduled Castes people.” Medical 

reports reportedly also confirmed that he 

had wounds on his head and lashes marks 

on his body. 53 


Violence against women especially 

the migrant women is widespread in 

Punjab. 

Rano, a girl belonging to the Kumhiar 

caste, became an alleged victim of honour 

killing at her parents’ residence in Bhattian 

village in Patiala district on 9 February 

2004. She was allegedly murdered by her 

own family members, who did not want to 

recognize her marriage after elopement 

with Gurvinder Singh, a lower caste and 

resident of Thakurgarh village in Patiala 

district, on 30 January 2004. She returned 

to her house on 7 February 2004 after her 

father, a rich landlord, assured their 

marriage. Two days later she died. Her 

family members claimed that she died due 

to excessive and uncontrollable vomiting. 

Rano’s mother Mohinder Kaur claimed 

that there was no time to even call a doctor. 

Though none had come forward to report 

the incident, the police had reportedly 

206 

registered a case of murder against Rano’s 

parents. 54 

On 5 September 2004, a large number 

of migrants from Uttar Pradesh and Bihar 

held a demonstration in front of the city 

police station in Abohar in Ferozepur 

district against police inaction in nabbing 

the son of a dhaba, roadside restaurant, 

owner who allegedly tried to rape the 12year-old 

daughter of Shiv Pratap Singh, a 

resident of Nai Abadi locality on 3 

September 2004. Family members of the 

boy allegedly threatened Shiv Pratap 

Singh of dire consequences if the 

complaint was not withdrawn. The 

migrants demanded the immediate arrest 

of the accused. 55 

On 5 September 2004, Sarabjeet Kaur 

was reportedly sold off to a middle aged 

man Nihal Singh of Jandiala in Amritsar 

by her in-laws for Rs 25,000. The widow, 

who managed to escape from her captivity, 

alleged that after her husband died in a 

road accident, her mother-in-law started 

harassing her saying she was a burden. On 

5 September 2004, Sarabjeet’s mother in 

law took her to a Gurdwara in Jalandhar, 

where she intoxicated her and then 

forcibly married her off to Nihal Singh. 

She was then taken to Jandiala where she 

was allegedly raped. Nihal Singh allegedly 

even threatened to kill her one-and-a-halfyear 

old daughter in case she refused 

sexual favours to him. She alleged that 

SHO and ASI of Police Station division 

No 7, Jalandhar had pressured her to 

compromise with the situation on grounds 

that she is a widow. 56



Dalits faced all forms of 

discrimination from denial of minimum 

wages to the denial of entry to temples, 

land grabbing and killings. The police 

have also been responsible for abuses 

against the Dalits. 

On 26 January 2004, a Dalit family in 

Pathankot in Gurdaspur district alleged 

that police personnel of the Basroop police 

post near Pathankot forcibly evicted them 

from their house and axed more than 500 

trees in alleged connivance with members 

of a land mafia. A police party headed by 

two Assistant Sub- Inspectors raided the 

house at Basroop village on 13 December 

2003 and forcibly took them to the police 

station. The policemen abused and beat 

them up. They were also allegedly forced 

to remove clothes and were booked in an 

alleged false case. 57 

On 6 February 2004, SHO of 

Kathgarh police station, Paramjit Singh 

reportedly picked up Kuldip Kumar, a 

Scheduled Caste from his residence at 

Katgarh village in Nawnshahr district of 

Punjab on the basis of a complaint filed by 

his brother-in-law Jeewan Pal, for 

marrying Rishi Bala, an upper caste girl, in 

October 2003. The SHO also allegedly 

verbally abused Kuldip’s father Sakhi 

Chand. In the police station, Kuldip was 

beaten with lathis for two hours due to 

which his left arm was fractured and his 

right hand and both feet were injured. He 

was released only after 35-40 residents of 

the locality surrounded the police station 

in protest. Rishi Bala also corroborated the 

allegations saying they have been 

receiving threats of dire consequences 

from Jeewan Pal and others. She 

maintained that Jeewan Pal was against 

their marriage although her parents and 

others in Brahmin-dominated Kathgarh 

village had no objection to it. 58 Kuldip 

allegedly became unconscious due to 

beating and had to be admitted at a 

hospital in Balachaur. He was later shifted 

to the Civil Hospital, Balachaur. 59 The 

accused SHO was later booked and 

arrested under Sections 323, 325, 342 and 

120 B of the Indian Penal Code after an 

inquiry held by Superintendent of Police 

(Detective) found him guilty of illegally 

detaining and torturing Kuldip. 60 

A 14-year-old minor Dalit girl of Aluk 

Singh village in Amritsar district working 

as a maid in a teacher’s house, was 

allegedly abducted and raped by 

Sukhwinder Singh and Manjit Singh when 

she was returning to her house on 27 April 

2004. The accused were reportedly 

arrested under Sections 376, 506, 342, 323 

and 34 of the Indian Penal Code. 61 

Kewal Singh, a Dalit youth and 

resident of Jhaloor village under Barnala 

police station in Sangrur district was 

allegedly beaten to death on 6 June 2004 

by his landlords - Mahinder Singh and 

Paramjit Singh of Jhaloor village. Kewal’s 

fault was that he defied the order of his 

landlords to work in new fields in 

Pharwahi village, instead of his usual duty 

in Jhaloor village fields. 62 

On 9 June 2004, Jagir Singh, a Dalit 

resident of Kuttianwali village under 

207


Lambi police station in Muktsar district, 

was allegedly paraded in the village 

market after blackening his face and 

putting a garland of shoes around his neck 

by Gurcharan Singh, Chinder Singh and 

Jagtar Singh of the same village. He was 

earlier beaten up mercilessly for refusing 

to work in their farms without payment of 

wages. The police arrested the accused. 63 

Upon his release on bail, accused 

Gurcharan Singh allegedly threatened 

Jagir Singh with life if he did not withdraw 

the complaint and enter into a 

compromise. 64 

At Lehri village under Talwandi Sabo 

in Bathinda district, the police allegedly 

forcibly evicted a Dalit family on 9 June 

2004 from their house in a colony set up 

under the landless labour scheme by the 

government. Sarbjit Kaur, a member of the 

Dalit family, alleged that some policemen 

came and threw all their belongings out of 

the house in absence of any male member 

and then facilitated the illegal possession 

of the house by some residents of the 

village, reportedly close to Akali leaders of 

the area. The Dalit family had to spend the 

whole night in the open. The police 

allegedly beat up two of her kin and later 

picked them up. The police also raided the 

house of a landlord at Manua Ke village, 

where Buta Singh, her husband, was 

working as a farm assistant. Her husband 

and her father-in-law Roop Singh had to 

remain in hiding fearing police 

harassment. 65 

On 3 August 2004, two Dalits 

identified as Gurjant Singh and Harminder 

208 

Singh were killed and 15 other injured 

when a group of landlords opened 

indiscriminate firing on a basti 

(settlement) of the Dalits at Kamalpur 

village near Dirba in Sangrur district 

following a quarrel among the children of 

the Dalits and landlords. Ten persons 

belonging to the landlords were arrested 

on 7 August 2004. The police reportedly 

recovered two rifles allegedly used in the 

firing. 66 

On 23 November 2004, police 

officials of Sujanpur allegedly detained 

illegally and beat up a physically 

challenged Dalit youth, Pawan Kumar of 

Gosainpur village in Gurdaspur district at 

the behest of politically influential people 

with whom Pawan’s family had a dispute 

over an adjoining wall. Pawan Kumar 

alleged that sons of one Kuldeep Singh, 

father-in-law of the village Sarpanch came 

to his tailoring shop and started beating 

him up. The police was called but the 

policemen instead of protecting him 

thrashed and detained him in the police 

station under the charge of quarrelling. 

Former BJP minister Satpal Saini later 

rescued him from police custody. 67 

On 6 December 2004, the committee 

members of Gurdwara Sahib Chardi Kala 

allegedly did not allow the marriage of 

Kamaljeet Kaur, daughter of the Sarpanch 

of Bahona village in Moga district at the 

local Gurdwara. The committee members, 

led by their chief, Rajinder Pal Singh, 

stopped the marriage party of the groom 

from Galoti village from entering the 

Gurudwara Sahib Chardi Kala. 68


V. Violations of the rights of the 

child 

Three minor children - Sonia (13), 

Suman (12) and Gagandeep (10), 

grandchildren of Atam Prakash of Raikot 

in Ludhiana district were allegedly 

detained illegally and inhumanly tortured 

including molestation by Assistant Sub 

Inspector Baldev Singh and other police 

officials at Chheharta police station in 

Amritsar on 5 and 6 July 2004. The 

children were reportedly picked up at 5 

a.m. on 5 July 2004 along with other 

members of the family on a complaint by 

Geeta Sharma, wife of Varinder Kumar, the 

maternal uncle of the children. They were 

taken to Chheharta police station although 

they were neither accused nor connected 

with the case in any way. At the Chheharta 

police station, the three minors were kept 

in confinement in a cell separate from their 

parents and grandparents. The children 

alleged that they were not given food till 

the evening of 5 July 2004 that too only 

when their grandfather Atam Prakash paid 

Rs 130. 69 Subsequent inquiry by Punjab 

Police found the allegations to be true. 

On 11 September 2004, police from 

the B-Division police station in Amritsar 

picked up 13-year-old daughter of 

Harbhajan Kaur and kept her in illegal 

custody. The victim alleged that she was 

kept in nude for hours and the policemen 

abused her in filthy language. Pursuant to 

directions of the Punjab and Haryana High 

Court, a warrant officer of the court 

reportedly recovered and released the girl 

from the police station. She was allegedly 

detained to force her family to handover 

her brother Baldev Singh, whom the police 

allegedly implicated in a false case. 70 

On 9 March 2004, two invigilators 

allegedly stripped a student of Class XII, 

Amit Gupta, who was taking his final 

examination in a center set up at SSD 

Senior Secondary School, Bhatinda, for 

refusing to give his answer sheet to one of 

the invigilators to facilitate copying by a 

ward of a Very Very Important Person, 

who was also appearing for the 

examination in the same center. An 

independent inquiry into the matter by the 

Lawyers for Human Rights International, 

an NGO, held two members of invigilating 

staff guilty. Two members of the 

invigilating staff caught hold of Amit, 

searched his body and forcibly removed 

his clothes in front of the other students 

after implanting a paper slip. The 

invigilators allegedly tried to implicate 

Amit in an unfair means case. 71 

Twelve girl students, belonging to 

Scheduled Caste families, reportedly 

decided to discontinue studies in protest 

against “cruel and humiliating” treatment 

by the Mehsuana village high school 

headmaster in Faridkot district. The girl 

students had scars on faces that were 

allegedly caused by the teacher with his 

nails. On complaint by the students and 

their parents through the village Sarpanch, 

the District Commissioner ordered an 

inquiry into the incident on 16 May 2004. 72 

On 4 September 2004, a teacher at the 

Government Elementary School of Chak 

Ruldu Singh Wala village in Bathinda 

209


district allegedly made 14 students of the 

third grade to walk on their knees till their 

knees were bruised and started bleeding as 

punishment for making noise in the class. 

The students were also allegedly beaten up 

with a stick and were made to sit in the sun. 73 

On 9 September 2004, Balwinder 

Singh Mundi, a student of Class IX of 

Dashmesh Academy in Anandpur Sahib of 

210 

Ropar district, was allegedly beaten up 

with hockey stick by the school Principal, 

Nicholas Gomes, for being rude to 

geography teacher, J.S. Sahota. The 

Principal allegedly even tried to push 

Mundi out of the classroom window. But 

his classmates came to his rescue and beat 

up the Principal who ended up with a 

fractured arm. 74 

■

Chapter22 

Rajasthan 

I. Overview 

Ruled by the Bharatiya Janata Party, Rajasthan faces no 

internal armed conflict but witnessed serious human rights 

violations by the law enforcement personnel. It is one of the 

few States which used National Security Act of 1980 to suppress the 

movement of the Kisan Mazdoor Vyapari Sangarsh Samiti by 

arresting many of its leaders including Hetram Beniwal, Vallabh 

Kochher and Saheb Ram Punia under the Act. 

In 2004, there have been reports of torture, rape and custodial

INDIA HUMAN RIGHTS REPORT 2005 Rajasthan 

death by Rajasthan Police including 

custodial death of Nangi, a 19-year-old 

married girl belonging to the pastoral 

Bagaria community of Kagya village in 

Phagi tehsil in Jaipur district on 4 October 

2004. 1 

Torture and the use of 

disproportionate force were rampant. Four 

farmers were reportedly killed and at least 

30 others injured in police firing in 

Gharsana tehsil in Sriganganagar district 

on 27 October 2004. 2 In another incident, 

the Rajasthan Unit of the People’s Union 

for Civil Liberties (PUCL) reportedly 

found that on 7 October 2004, Rajasthan 

Police thrashed the demonstrators 

comprising of the school children, their 

parents and villagers at Kuhadwas village 

in Jhunjhunu district and resorted to firing 

without any provocation. They were 

protesting against the transfer of the 

school Principal, Ganga Ram who had 

improved the academic atmosphere. 3 

The Dalits faced serious human rights 

violations and caste oppression. The 

government has failed to release Justice 

SK Lodha Commission report inquiring 

into the Kumher massacre of 6 June 1992 

in which 17 Dalits were massacred by the 

upper castes. On 13 October 2004, the 

Rajasthan High Court issued notice to the 

state Chief Secretary for contempt of court 

for the state government’s failure to table 

the Lodha Commission report before the 

Assembly. 4 

Women faced violence from the police 

as well as the society. There was at least 

one report of honour killing of 15-year- 

212 

old minor girl, Neelam Gujjar from 

Shahadpur village in Dausa district on the 

night of 22 September 2004. She had 

allegedly eloped with a Dalit boy. 5 

The Adivasis, indigenous peoples 

continued to face threats of eviction from 

revenue villages by the forest department. 

Forty-five tribal families in Bali tehsil of 

Pali district were evicted from the land 

where they had been living for several 

decades. 6 The forest department served 

notices to 800 families in the Kishanganj 

area in Baran district alleging 

encroachment on forestlands. 7 The 

Sahariya tribal communities became 

disproportionate victims of starvation 

death. At least 35 tribal people reportedly 

died of hunger and hunger related diseases 

in May-June 2004. 8 

The conditions of the prisons in 

Rajasthan were deplorable. There were 

serious shortages of staff. About 50 percent 

posts have reportedly been lying vacant for 

more than a decade. 9 Ailing prisoners at the 

Kota Central Jail have reportedly been 

inhumanly tortured at a prisoner’s ward in 

a hospital at Kota. 10 At the Barmer district 

jail, there was neither any female staff to 

deal with female prisoners nor did the 

female prisoners had separate provisions. 




life 

There have been reports of high 

number of custodial deaths in Rajashthan.


The National Human Rights Commission 

(NHRC) had registered 48 custodial 

deaths in Rajashthan in 1999-2000, 41 in 

2000-2001, 54 in 2001-2002 and 61 cases 

in 2002-2003. Five persons were killed in 

police custody in 2001-2002 against 3 

each in 2000-2001 and 1999-2000. 11 

On 4 October 2004, Nangi, a 19-yearold 

married girl belonging to the pastoral 

Bagaria community of Kagya village in 

Phagi tehsil in Jaipur district died in the 

police custody at Phagi near Jaipur. The 

deceased, a rape victim, was reportedly 

taken by Head Constable Tarachand on the 

pretext of getting her medico-legal 

examination done for confirming her 

charge of gang rape. He did not allow the 

family members to accompany her. After a 

few hours, Nangi was found in the 

Community Health Centre, Phagi in a 

serious condition. She was unconscious, 

foaming at mouth and bleeding profusely. 

The doctors referred her to Sawai Man 

Singh Hospital in Jaipur for treatment. 

However, she died en route to Jaipur. 12 The 

police registered an FIR after two weeks of 

protests by the women rights groups. 

On 27 October 2004, four farmers 

were reportedly killed and at least 30 

others injured in police firing in Gharsana 

tehsil in Sriganganagar district. The 

farmers were agitating demanding release 

of sufficient water from the Indira Gandhi 

canal for irrigation. Hundreds of farmers 

had begun an indefinite “maha padaav’’ 

(mega-gathering) at the Sub-Divisional 

Magistrate’s office since 25 October 2004 

and locked the office after pushing the 

employees inside. Several government 

officials, including the Sub-Divisional 

Magistrate, the Deputy Superintendent of 

Police, Tehsildar and Officers in-Charge of 

seven police stations were allegedly held 

hostage inside the office. 13 Their 

resentment further deepened following 

lathi charge by the police which injured as 

many as 50 agitating farmers on the 

morning of 27 October 2004. They 

reportedly attacked the Rawala police 

station. The police burst teargas shells and 

opened fire on the agitating farmers. Three 

persons Kalu Singh, Raj Kumar, and 

Mangi Lal died in the incident. One 

person, Jethram Meghwal, was also killed 

in police firing. The state government 

ordered a judicial inquiry into the incident 

and announced an ex gratia of Rs 5 lakh to 

next of kin of each of those killed and Rs 

1 lakh to the injured. 

On 6 December 2004, another farmer 

Hazoor Singh was killed in an alleged 

police firing at 17 KYD villages near 

Kajuwala town of Bikaner district. The 

victim was among 1,000 farmers who 

were moving towards Kajuwala town on 

tractors to take part in the “maha padaav’’ 

(massive siege) being organised by the 

Kisan Mazdoor Vyapari Sangarsh Samiti. 

The police reportedly opened fire and also 

tried to drive a truck on the crowd at 17 

KYD causing injuries to dozens of 

people. 14 


torture 

Police highhandedness in arbitrary 

213


arrest, detention and torture has been 

widely reported in Rajasthan. 

At about 7.30 pm on 4 May 2004, 

Ramesh Sharma and his brother, Anil 

Sharma of Manfarah village in Jhunjunu 

district were allegedly stopped by the 

officer-in-charge and other police 

personnel of Mandrela By-Pass outpost 

when they were coming from Jhunujunu. 

The policemen asked for the papers of 

their motorcycle that they were riding. 

Saying that their papers were illegible, the 

policemen began rebuking the two 

brothers in filthy language. On asking not 

to rebuke them in such a way, the 

policemen took the two brothers inside the 

outpost, severely assaulted them with belts 

and baton and robbed them off their 

money. 15 

On 7 October 2004, the police 

reportedly lathicharged, lobbed tear gas 

shell and fired in the air to disperse a 

crowd of students of a government 

secondary school and villagers who were 

protesting against the transfer of the 

school Principal, Ganga Ram in Kuhadwas 

village in Jhunjhunu district. Principal 

Ganga Ram had reportedly improved the 

academic atmosphere, created more 

facilities for students and enhanced the 

results during his 13-month tenure. More 

than 20 people were injured in the 

incident, one of them sustained a bullet 

injury in his leg. The police also picked up 

several youngsters from the village and 

registered criminal cases against 26 

persons. A fact-finding team of Rajasthan 

unit of the People’s Union for Civil 

214 

Liberties reportedly found that police 

thrashed the demonstrators and resorted to 

firing without any provocation. 16 

Sajjan Singh Charon from Pali district 

of Rajasthan reportedly tried to commit 

suicide by setting himself on fire on 5 

November 2004 in front of the District 

Collectorate in protest against alleged 

torture of his son Surender Singh by two 

police constables posted at the Bangar 

police outpost a few days earlier. 

According to eyewitnesses, he shouted 

slogans against police and then poured 

kerosene oil that he was allegedly carrying 

on his body and set himself on fire. He 

received 70 percent burns. 17 


Ghevar Ram Bisnoi, a farmer of Rohicha 

Kalan village under Shivana tehsil in 

Barmer district was brutally beaten up by 

the Luni police Station Incharge Bhavarlal 

Patel. The Officer-in-Charge woke up 

Ghevar Ram Bisnoi when he was sleeping 

at his farm to look after his crops and 

asked about the whereabouts of one 

Pappram, an accused. When Ghevar Ram 

declined to give any information about 

Papparam, the Officer-in-Charge assaulted 

him brutally with his lathi. Ghevar Ram 

reportedly had tell tale signs of beating on 

his eyes, back and legs. On 18 November 

2004, Ghevar Ram alongwith other 

villagers reportedly complained to the 

Deputy Superintendent of Police but the 

DSP did not give him an opportunity of 

hearing. 18 

On 3 December 2004, more than 40 

persons, including former MLA Sohan


Nayak were injured when police 

lathicharged thousands of agitating 

farmers at Anupgarh and Gharsana in 

Sriganganagar district. The farmers were 

agitating for the release of more water 

from the Indira Gandhi canal for the rabi 

season. Nearly 600 farmers were also 

taken into custody at the two places. 

Majority of them were sent to jails in 

Sriganganagar, Hanumangarh, Churu and 

Bikaner districts. 19 

On 5 December 2004, the 

Sriganganagar district police reportedly 

booked many senior leaders of Kisan 

Mazdoor Vyapari Sangarsh Samiti, 

including Hetram Beniwal, Vallabh 

Kochher and Saheb Ram Punia, under the 

National Security Act (NSA). The 

Divisional Commissioner of Bikaner, 

Shreemat Pandey, confirmed the 

registration of the cases under the NSA. 20 

On 21 December 2004, Pramaram, a 

jeep driver from Pareth village under 

Kishangarh block in Ajmer district was 

brutally beaten up by a policeman at 

Shyamnagar in Jaipur city for driving into 

the middle of the road while the traffic jam 

was being cleared. The policemen 

allegedly hit Pramaram on his head and 

face that caused profuse bleeding. A case 

was reportedly registered against the 

accused policemen. 21 


The Dalits remained insecure and 

vulnerable to oppression. They faced gross 

violation of their rights including denial by 

so-called upper caste men of access to 

places of worship. This is despite the 

Rajasthan High Court order of 1988 

directed the State Government to ensure 

unhindered access of the Dalits to the 

temple. 

The State Government made little 

attempt to award justice to the Dalits. On 

13 October 2004, the Rajasthan High 

Court issued notice to the state Chief 

Secretary on a petition seeking initiation 

of contempt proceedings against him for 

the state government’s failure to table the 

report of the Justice SK Lodha Commissio 

in the Assembly. The Lodha Commission 

appointed by the then BJP-led government 

to probe into the infamous massacre of 17 

Dalits by a mob of upper castes in Kumher 

town of Bharatpur district on 6 June 1992. 

The Lodha Commission had submitted its 

report in August 1996. The High Court had 

on 9 September 2002 reportedly directed 

the state government to lay the Lodha 

Commission’s report in the Assembly as 

early as possible; but the same has not 

been tabled in the Assembly at the end of 

2004. 22 

On 2 January 2004, Dalit activists 

from New Delhi participating in a National 

Dalit Swadhikar rally, organised by the 

National Campaign on Dalit Human 

Rights, were reportedly denied entry into 

the famous Shrinath temple, where they 

reached after covering 16 districts in 

Rajasthan. The convener of the Centre for 

Dalit Human Rights, P.L. Mimroth, who 

was part of the rally along with 34 other 

dalit activists, alleged that hundreds of 

local residents, majority of whom were 

215


alleged upper-caste Hindus, stopped their 

rally about 2 km from the temple and used 

abusive and threatening language against 

the Dalits. Instead of dealing with the 

interrupters, the policemen escorting the 

rally expressed their inability to help the 

rally go ahead and enter the temple. 23 

On 27 January 2004, a poor Dalit, 

Bajrang Lal of Dediya village in Jhalawar 

district committed suicide by burning 

himself with kerosene. Lal was allegedly 

unable to withstand the harassment he was 

given by the Gram sevak and other 

officials of the Panchayat Samiti after he 

complained of their corruption. The 

deceased in his dying declaration alleged 

that the Gram Sevak of the Panchayat 

Samiti took Rs 2,000 from him in advance 

for releasing Rs 10,000 cash grant for 

building a house under the Swarnajayanti 

Grameen Rozgar Yojana and threatened 

him for complaining about it. Lal also 

named the Upasarpanch and the 

sarpanch’s husband as accused and termed 

the members of the Panchayat corrupt. 

Four officials of the Dediya Panchayat 

Samiti were reportedly booked on charges 

of corruption and abetment/incitement of 

suicide of Bajrang Lal. 24 

On 11 August 2004, a 17-year-Dalit 

girl, Neelam was allegedly stripped and 

dragged on the village street in full public 

view in Nagodi village in Alwar district by 

the family of Billu Yadav with whom the 

girl had eloped in July 2004. Neelam and 

her mother were returning from ablution 

on the early morning of 11 August 2004 

when they were intercepted by a group of 

216 

11 persons of the Yadav community led by 

mother of Billu. The attackers started 

beating the duo. While the mother freed 

herself and ran to the village for help, the 

attackers stripped and beat the girl. They 

dragged the nude girl along the village 

street. The police later arrested eleven 

accused after the victim’s family lodged a 

complaint. Billu Yadav later committed 

suicide reportedly following rumours that 

Neelam had consumed poison. 25 

IV. The status of the Adivasis 

The Adivasis, indigenous peoples, 

continued to face threats of eviction 

despite Chief Minister Vasundhara Raje’s 

promise during her “Parivartan Yatra” in 

the tribal-dominated districts in the State 

before the 2003 Assembly elections that 

no tribal family would be evicted if the 

BJP came to power. 

On 18 October 2004, the convenor of 

the Jangal Zameen Jan Andolan, Ramesh 

Nandwana stated that eviction notices had 

been served on thousands of tribals in 

Udaipur, Dungarpur, Banswara, 

Chittaurgarh, Pali, Sirohi and Baran 

districts, even though 5,355 cases had 

been proved to be those of possessions 

before 1980 on the basis of forest records 

and first information reports. A total of 45 

tribal families in Bali tehsil of Pali district 

were evicted from the land where they had 

been living for several decades. Besides, 

the forest officials ravaged the houses of 

tribals in Deola Bharla, Jupa and Kundal 

villages of Pali district. 26 

The State Government’s plan to oust


tribals was in contradiction to the Central 

government’s decision to regularise the 

land rights of tribal dwellers who have 

been in continuous occupation since 31 

December 1993. The State Government 

had also decided in 1991 to regularize the 

encroachments made on forestlands before 

1 July 1980. But the committees 

constituted at the forest range level to 

identify the tribals for regularization of 

land rights have failed to do so. The 

eviction notices were issued ignoring the 

order of the Union Ministry of Forest and 

Environment dated 5 February 2004 in 

which the Ministry observed that when the 

areas where tribals had been living since 

time immemorial were brought under the 

purview of Forest Acts, their traditional 

rights were not settled, making them 

“encroachers in the eyes of law”. 

The Sahariya tribes: Land Alienation 

and starvation deaths 

The alienation of the lands of the 

Sahariya tribes by the land greedy farming 

communities from the plains is the major 

reason for the deplorable conditions of the 

Sahariya indigenous peoples in Rajasthan. 

Majority of their populace are rendered to 

the status of labourers working for others 

in lands once belonged to them. The nonindigenous 

peoples from the plains have 

grabbed large areas of lands of the 

indigenous peoples in South East 

Rajasthan. The Forest and the Revenue 

Departments have reportedly made life 

miserable for them. The non-tribals with 

the help of the Government officials have 

allegedly manipulated the land records. 

Even the lands set aside for the Sahariyas 

have been allocated to other people 

rendering the Sahariyas to be bonded 

labourers in their own land.” According to 

a survey by the Sankalp Sanstha in 

Khandela gram panchayat in Kishanganj 

alone, more than 80 Shariya families were 

victims to usurpation of land. 27 

About 35 persons reportedly died in 

the Saharia-dominated Baran district of 

Rajasthan between July and September 

2004 due to starvation. 28 The authorities 

attributed the deaths to diseases and 

inordinate delay on the part of the tribals to 

give timely medical attention to the 

victims. 29 On 16 September 2004, the 

Supreme Court directed the state 

government of Rajasthan to submit status 

report on the alleged starvation deaths in 

the state. 30 

Six persons reportedly died of 

diseases resulting from malnutrition in 

Brahmapura, a Sahariya tribal settlement 

in Kishanganj block in Baran district in 

July-August 2004. Five of the six deceased 

were children below five years. The sixth 

person, Sampat, wife of Ram Singh, a 

drummer, died on 4 August 2004 after 

childbirth. The medical records attributed 

excessive bleeding as the reason for her 

death though the neighbours said she did 

not have proper nourishment after the 

delivery. The family was extremely poor. 31 

Harji, a villager in Brahmpura claimed that 

the deaths were due to starvation, as 

villagers could not buy food and fell ill 

after going without food for days together 

217


and died one by one. Bhuria Sahariya and 

his wife Munni, whose child died after 

fever, confessed that they could not afford 

food for him, not to speak of medicine. 

The relatives of other victims also 

reportedly confessed of acute poverty and 

lack of money. 32 

Apart from occurrence of starvation 

deaths in Shahabad and Kishanganj blocks 

in Baran district, 15-year-old Pinki 

Siglikar of Salabad village under Bayana 

block in Bharatpur reportedly died after 

she fell sick after eating wild edibles, bajra 

and jawar. 33 

On 23 September 2004, Rajinder, a 

17-year-old Dalit student of Class XI, 

committed suicide by hanging himself 

with a rope in his house in Sadulsahar of 

Sriganganagar district after his parents 

could not pay his school fee or meet his 

treatment expenses. Rajinder was reported 

to be a meritorious student and had scored 

about 70 per cent marks in his 

matriculation examination. His father Hari 

Ram is a daily wage labourer and works 

for other people in fields. 34 

The Rajasthan Government reportedly 

prepared Rs 150 crore package for the 

Sahariya tribe in Baran district. Under the 

package, the tribals were to be given wheat 

at Rs 2 (two) a kg and at least one member 

of each Sahariya tribe family would be 

given employment for a year, and steps 

would be initiated for creating permanent 

job avenues in the area. 35 

218 

V. Violence against women 

Violence against women including 

honour killings were reported from 

Rajasthan. 


July 2004, officer-in-charge of Chandpole 

police outpost in Jaipur city, Assistant 

Sub-Inspector Tulsiram Saini allegedly 

barged into the house of an widow at a 

nearby village and molested her. On a 

complaint to the police by elder brother-inlaw 

of the widow, the Superintendent of 

Police reportedly suspended the accused 

police Assistant Sub-Inspector. He had 

been arrested and produced in the court of 

Additional Chief Judicial Magistrate, who 

sent him to 15 days judicial remand. 36 

At about 11 pm on 16 December 2004, 

two constables-Rajuram and Haparam, 

posted at Khedapa police station in 

Jodhpur district allegedly molested a 

woman passenger and assaulted her 

husband at the Khedapa Bus stop situated 

near the police station. The couple hailing 

from Kalali village in Pali district of 

Rajasthan was reportedly traveling from 

Jodhpur. The policemen beat up the 

woman’s husband when he objected to 

their indecent behaviour. 37 

A 15-year-old minor girl Neelam 

Gujjar was allegedly killed by her family 

members at Shahadpur village in Dausa 

district on the night of 22 September 2004 

for the sake of ‘family honour’ after the 

girl had eloped with a Dalit boy Rajesh 

Bairwa. The body was hastily cremated by 

the family on the next morning. The police 

registered an FIR under Sections 302 and 

201 of the IPC against 13 persons at the 

Mahua police station on September 25. 38


On 26 September 2004, Kavita Srivastava 

of the People’s Union For Civil Liberties, 

who was part of a nine-member women’s 

delegation that visited Shahadpur and 

other villages in Bharatpur and Karauli 

districts on 25 and 26 September 2004, 

alleged that the 15-year-old girl was killed 

on the decision of the caste panchayat with 

participation from nearby villages. At least 

six Bairwa families had migrated out of 

the village due to threats from the 

dominant caste members. 


The prison conditions in Rajasthan 

were deplorable. All the prisons in the 

State were reportedly facing shortage of 

staff resulting in further deterioration of 

the already abysmal condition. The post of 

Deputy Superintendent was vacant in most 

jails and about 50 percent posts of the 

other staff were also reportedly lying 

vacant for more than a decade. On the 

other hand, the number of prisoners in jails 

kept on swelling over the years. In the 

absence of security staff of the jails, the 

Rajasthan State Government has been 

deploying the volunteers of the Home 

Guards at the jails all over the state. They 

too were reportedly working without 

salary for the last one year. There has been 

no fresh recruitment of staff in jails for 

more than a decade. The existing staffs 

were reportedly overworked due to 

shortage of manpower. 39 

There were no female staff at the 

Barmer district jail to attend the female 

prisoners. The condition of the four female 

prisoners lodged in the jail was very 

deplorable as there were no separate 

provisions for them. They were compelled 

to share toilet, bathroom and other 

provision with their male counterparts. In 

March 2004, one of the female prisoners 

gave birth to a boy inside the jail. 40 

Despite being seriously ill, many of 

the prisoners at the Kota Central Jail were 

reportedly refused to get admitted at the 

prisoners ward in a hospital at Kota. 

Some of the ailing inmates, who were 

admitted at the ward, alleged that the 

ailing prisoners were not attended by any 

health or medical personnel but by 

policemen who beat up them on the 

slightest excuse. 

One of the inmates of the Kota Central 

Jail, Ram Swaroop who was brought to the 

hospital on 16 November 2004, reportedly 

declined to get admitted at the prisoners’ 

ward for fear of torture despite advice of the 

doctor who attended him. Another ailing 

prisoner at this ward Ram Babu alleged that 

he was severely beaten up by policemen at 

the ward when he sought permission to 

attend nature’s call. He fell unconscious due 

to the beating. Another sick prisoner 

Hanuman, who was discharged from the 

ward on 16 November 2004 was beaten up 

with baton by the policemen when he 

sought permission to ease. 41 

■ 

219


220

Chapter23 

Tamil Nadu 

I. Overview 

Ruled by the AIADMK, Tamil Nadu became infamous for 

abusing the Prevention of Terrorism Act (POTA) of 2002 

against political opponents for their alleged support to the 

proscribed Liberation Tigers of Tamil Eelam of Sri Lanka, the Tamil 

National Liberation Army, Tamil National Retrieval Troops and 

Peoples War Group. Forty-one cases were registered under the Act 

in Tamil Nadu. 1 Even juveniles were arrested under the POTA. 2 

The law enforcement personnel have been responsible for 

serious human rights violations including custodial death, torture, 

arbitrary arrest and detention. On the night of 21 January 2004, the

INDIA HUMAN RIGHTS REPORT 2005 Tamil Nadu 

Tamil Nadu Police reportedly conducted 

combing operation in the areas of 

Perumanallur, Anupparpalayam, 

Mangalam and some pockets of Tirupur 

North, South and Rural police limits under 

Tirupur in Coimbatore district. The police 

allegedly took 428 persons into custody 

arbitrarily, detained them in the police 

station for the night and released them on 

the next day only after taking their 

fingerprints without assigning any reason. 3 

Sandalwood smuggler, Veerappan was 

killed on 18 October 2004. However, the 

report of the Justice A.J. Sadashiva, a 

former judge of the Karnataka high court 

who was commissioned by the National 

Human Rights Commission in June 1999 

to look into the complaints of torture and 

harassment by Special Task Force (STF) 

personnel while hunting Veerappan, is yet 

to be made public. 

The Dalits are subjected to torture, 

humiliation and other violations. On the 

night of 16 May 2004, houses of several 

Dalit families were set on fire in Kalapatti 

village under Coimbatore allegedly by 

upper caste men of the village for not 

voting in favour of their candidate in the 

Lok Sabha elections. 4 




There have been reports of serious 

human rights violations by the police 

including arbitrary deprivation of the right 

to life. The NHRC registered 57 cases of 

custodial deaths in Tamilnadu in 1999- 

222 

2000, 28 cases in 2000-2001, 55 cases in 

2001-2002 and 68 cases in 2002-2003. 5 

On the morning of 3 October 2004, 

Senthil, who was arrested in connection 

with a case of theft of a cell-phone was 

reportedly found hanging from the ceiling 

inside the lock-up at Shastri Nagar police 

station in Chennai. Police officials claimed 

that he had committed suicide due to some 

health problem. But the locals alleged that 

Senthil had died due to police harassment 

and torture in custody. 6 

In a rare judgement in March 2004, 

Madras High Court directed the Tamil 

Nadu government to pay Rs 4.30 lakh as 

compensation to the petitioner S Meena, a 

postal department employee and mother of 

one Wilson who was killed at Royapettah 

police station in Chennai on 22 June 1993. 

The Court, after going through the reports, 

maintained that Wilson’s death was a 

result of “brutal and inhuman” attack and 

torture he suffered after being arrested on 

the night of 21 June 1993. The judge 

further held that the court had no doubt 

that Wilson had died in the police station 

and the story about his being taken to 

hospital for giddiness was false. The court 

also directed the State Home Secretary and 

police authority to prosecute five police 

personnel and take necessary action 

against them. 7 


torture 


by the Tamil Nadu police are common. It 

was also a common feature while trying to


nab Sandalwood smuggler, Veerappan. 

The Special Task Forces (STF) that 

was constituted by the state governments 

of Tamil Nadu and Karnataka to nab 

Veerappan reportedly subjected the 

villagers residing in the villages close to 

the hilly forests that were within 

Veerappan’s operation domain to inhuman 

brutalities. Many of them “died” in 

custody, others were released after a few 

days or months. Many were incarcerated 

under the Terrorist and Disruptive 

Activities (Prevention) Act. Even women 

and children were not spared from torture. 

There were reports of multiple rapes in 

front of their husbands, brother-in-laws 

and electric shocks in the private parts. 8 

The report of the inquiry commission 

of A.J. Sadashiva, a former judge of the 

Karnataka high court constituted by the 

National Human Rights Commission in 

June 1999 to look into the complaints of 

torture and harassment by STF personnel, 

has yet not been made public. The report 

was reportedly submitted to the NHRC. 

With the death of Veerappan, albeit under 

questionable circumstances, the report is 

unlikely to see the light of the day. 

On the night of 21 January 2004, about 

150 police personnel from the Armed 

Reserve Police reportedly conducted 

combing operation in the areas of 

Perumanallur, Anupparpalayam, Mangalam 

and some pockets of Tirupur North, South 

and Rural police limits in Tirupur township 

in Coimbatore district. The police allegedly 

arbitrarily took 428 persons into custody, 

detained them in the police station for the 

night and released them on the next day 

only after taking their finger prints without 

assigning any reason. The Superintendent 

of Police, Coimbatore Rural District, R. 

Dhinakaran, defended the combing 

operations saying that a number of people 

who had migrated from the southern 

districts were involved in offences either in 

their native place or in Tirupur. 9 

A 22-year-old labourer, M. Kannan of 

Manakkal Street in Red Hills in Chennai 

had to be admitted to the Stanley Medical 

College Hospital, Chennai after he was 

tortured by the Police of the Red Hills 

Police Station on 8 June 2004. He was 

picked up for questioning on his suspected 

involvement in the kidnapping of his 

relative’s daughter. But actually the girl 

was not kidnapped at all. Even when the 

missing girl turned up and told the police 

that Kannan had nothing to do with it, the 

policemen kicked and beaten him on his 

legs, arms, chest and back in the presence 

of his wife, Tara, who went to the police 

station pleading that her husband be let 

off. The policemen also verbally abused 

the couple. 10 

On 30 June 2004, three policemenconstables 

Narayanasamy and Pasumpon, 

and head-constable Muthu Pillai of 

Soorangudi police station of Tuticorin 

district allegedly picked up one R. 

Ganesan for interrogation in connection 

with a case of cattle theft filed against him 

by one Ayyasamy in Maelmaanthai under 

Soorangudi police station limits. He was 

taken to the Soorangudi police station and 

brutally tortured during interrogation. 

223


After the interrogation, Ganesan could 

“breath only with great difficulty” and 

reportedly fainted frequently. He had to be 

admitted at the Tuticorin Government 

Medical College Hospital on 2 July 2004. 

The policemen also allegedly demanded 

Rs 10,500 to withdraw the case against 

him and an unidentified police official 

tried to get the thumb impression of 

Ganesan at the hospital. Following 

complaints by the relatives of Ganesan, 

cases were registered against three 

policemen on the charge of torturing 

Ganesan. 11 

III. Violence against Women 

There were reports of violence against 

women in Tamilnadu. 

The South India AIDS Action 

Programme in a report released in August 

2004 reported that sex workers in Tamil 

Nadu face increasing “brutality” at the 

hands of the police. The study, conducted 

among 172 sex workers from 13 districts 

revealed that nearly 70 per cent of the 

respondents had been beaten with lathis 

and logs of wood and kicked by 

policemen. Some even reported broken 

limbs and mutilation of sex organs. It 

recorded 39 specific cases of harassment 

documented with names and designations 

of errant police personnel and submitted to 

the Home Ministry. 12 

The plight of the female workers in 

the units of the Madras Export Processing 

Zone, about 25 km from Chennai, 

reportedly remains very pathetic. 

Humiliation and exploitation, including 

224 

sexual exploitation in work place are 

endemic. The employees allegedly do not 

have access even to toilets without tokens, 

and frequent use of them allegedly invites 

the wrath of their bosses. Water supply is 

allegedly stopped at 5 pm every day so that 

the workers would not go to wash their 

faces and apply make up. The supervisors 

would want them to use the toilets only 

during time allotted for them for tea and 

lunch break. 13 In comparison to units 

outside the zone, the “degree of harshness 

is greater” in the zone with “compulsory 

overtime, immediate retrenchment if a 

worker refuses overtime, impossible 

targets, restricted use of toilets, preference 

for unmarried girls and the pervasive 

practice of sexual harassment. Women 

workers, the younger and unmarried ones 

in particular, are allegedly verbally and 

physically abused at the hands of their 

male supervisors”. 14 


The Dalits were subjected to torture, 

humiliation and other violations of their 

rights. 

On the night of 16 May 2004, houses 

of several Dalit families were set on fire in 

Kalapatti village, 15 kms from Coimbatore 

in Tamil Nadu allegedly by upper caste 

men of the village, three days after the 

announcement of results of the Lok Sabha 

elections. All household belongings were 

gutted and domestic livestock like cows 

and goats were allegedly burnt alive by the 

attackers. The immediate reason for the 

attack was believed to be the BJP’s defeat


in the prestigious Coimbatore seat. The 

upper caste villagers blamed the Dalits for 

the BJP’s debacle. Of the 1,100 Dalit 

voters only 300 of them had reportedly 

voted in the elections. 15 Fearing further 

escalation of violence, many Dalit parents 

had pulled out their children from the local 

school, and moved out of the village. 

Although a small police picket was 

stationed at Kalapatti after the incident, a 

mob of upper caste allegedly attacked a 

Dalit villager, 60-year-old Muthan. He 

was severely beaten up fracturing his right 

arm when he alighted from the bus and 

started walking towards the village. 16 

Dalits have not been allowed to 

contest the election to the posts of 

panchayat president in Pappapatti, 

Keeripatti and Nattarmangalam villages of 

Madurai district, as it is deemed a 

“sacrilege”. Ever since the Panchayati Raj 

Act was implemented in Tamil Nadu in 

1996, no Dalit has been made president in 

these villages, though they are reserved 

exclusively for the Scheduled Castes. 

Even if any Dalit won an election, he was 

forced to quit before taking charge. The 

Dalits live under economic servitude of the 

upper caste Thevars and thus have to 

follow their diktat. In April 2002, a Dalit 

named E. Subban decided to defy the 

Thevars and filed his papers for the 

president’s post of Pappapatti panchayat. 

However, the local bigwig Chellakannu 

Thevar then asked his Dalit servant 

Thanikodi to contest against Subban and 

won the election by a whopping majority 

of 900 votes out of 1,500. But his master 

made him to quit the post even before 

taking charge. Fearing for his life, Subban 

fled to his sister’s house in 

Chokkathevanpatti hamlet, 10 km away 

and never went back to his village. 17 

Following criticism from the NHRC 

and the SC/ST Commission, the AIADMK 

government reportedly set up a legislative 

panel in 2003 headed by minister O 

Panneerselvam who is a Thevar. The panel 

promptly concluded that Thevars were not 

preventing Dalits from contesting 

elections. However, a study paper 

submitted by V Sudarshan and S Sumathi 

of Madras University to Adidravidar 

Welfare Department alleged “the 

committee did not even visit Dalit colonies 

in Pappapatti.” 18 

On 16 September 2004, a 19-year-old 

Dalit named Suresh was allegedly 

murdered in Nalagampalle village in 

Bangarupalyam of Chittoor district. The 

deceased was a labourer in the mango 

orchard of former Member of Parliament 

Jhansi Lakshmi. He reportedly had an 

altercation with Malarapu Krishnama 

Naidu and Lakshmaiah Naidu, who came 

to supervise the work on 15 September 

2004. Suresh fled following the dispute. 

His body was found hanging from a 

mango tree on 16 September 2004. 

Viswanathan, father of the deceased, went 

to lodge a complaint with the 

Bangarupalyam police but the police 

allegedly did not bother to register a case 

against the landlords. Sub-Inspector I 

Raghunatha Reddy did not even visit the 

village to find out the truth, in spite of 

225


repeated requests. 19 

V. Misuse of POTA 

Tamil Nadu was one of the 10 states 

that extensively abused POTA with 

registration of 41 cases under the Act. 20 

The POTA was mainly invoked against 

political opponents. 21 Even juveniles were 

arrested under POTA. 22 Opposing the 

repeal of POTA, Chief Minister Jayalalitha 

on 22 September 2004 reportedly said that 

the repeal of POTA was “ill-considered” 

and it had left behind a vacuum in the 

country’s defence against terrorism. 23 

On 13 December 2004, the threemember 

Central Review Committee on 

Prevention of Terrorism Act headed by 

Justice Usha Mehra reportedly held its 

first sitting in Chennai and heard the 

submissions of counsel for 13 of the 24 

POTA detenues picked up at Uthangarai in 

Dharmapuri district in November 2002. 24 

However, the Tamil Nadu Government 

challenged two key provisions of the 

Prevention of Terrorism (Repeal) 

Ordinance 2004, promulgated in 

September 2004, and sought to quash all 

proceedings of the Central committee 

which was reviewing all POTA cases. 25 

Though the summons served to various 

detenues and their relatives by the Review 

Committee clearly stated that it was to be a 

“public hearing,” relatives of the detenues 

could not gain entry into the premises. Even 

presspersons were not allowed to go inside. 

Among others, advocates B. Kumar, 

Sankarasubbu, A. Rahul and N.R. Elango 

made their submissions. Even advocates 

226 

who had come there to represent the 

detenues were “terrorised by police,” who 

insisted on either copies of the summons or 

case details. 26 

On 1 August 2003, police arrested 

Tamil Nationalist Movement leader P 

Nedumaran under POTA for allegedly 

speaking in favour of the outlawed outfit 

LTTE at a public meeting at Vanampatti 

village in Dindigul district in June 1992. 

An FIR was reportedly lodged against him 

on 20 December 1992, more than six 

months after his alleged speech. The 

Madras High Court initially dismissed 

Nedumaran’s petition challenging his 

arrest under POTA27 , and later ordered his 

release on 18 December 200328 along with 

other three POTA detenues— Pavanan, 

Suba Veerapandiyan and Thayappan 

following the Supreme Court’s 

observation in Vaiko’s case that merely 

extending moral support to any militant 

organisation could not be construed as an 

offense under POTA. 29 The Tamil Nadu 

government unsuccessfully moved the 

Supreme Court challenging the order of 

the Madras High Court but the Supreme 

Court, criticizing the state government 

“for taking things too far”, quashed the 

petition. 30 

On 11 July 2002, MDMK leader, 

Vaiko was arrested for allegedly making a 

pro-LTTE speech at a public meeting at 

Thirumangalam in Madurai district. In its 

first affidavit in the Supreme Court on 28 

March 2003, the Central Government 

maintained that Vaiko’s speech “was an act 

of terrorism” under section 21 (3) of


POTA. 31 However, on 31 March 2003, the 

Central government made a correction to 

its earlier stand, saying Vaiko’s speech 

delivered on 29 June 2002 “if properly 

interpreted and read in the entire context of 

the speech and the surrounding 

circumstances, does not attract Section 21 

of the Prevention of Terrorism Act 

(POTA)”. 32 Then Attorney General, Soli 

Sorabjee also gave a clarification that mere 

expression of moral support per se does not 

tantamount to breach of Section 21 of 

POTA, so long as the individual concerned 

does not provide actual aid to the terrorist 

organisation. 33 On 16 December 2003, the 

Supreme Court endorsed the Attorney 

General’s interpretation of the section 21. 

On 7 February 2004, Vaiko was released 

from the Vellor central prison before the 

Lok Sabha elections. 35 On 7 May 2004, the 

Supreme Court stayed all further 

proceedings pending against Vaiko and his 

colleagues before the designated POTA 

Court. 36 Subsequently, on 10 August 2004, 

the Tamil Nadu government decided to 

withdraw POTA cases against them and 

filed a petition to this effect in the POTA 

court. 37 However, on 3 September 2004, the 

POTA court declined to drop cases against 

Vaiko and his colleagues holding that the 

Central Review Committee’s decision that 

there was no prima facie case against them 

was “arbitrary” and “premature”. 38 

On 9 July 2002, eight DMK 

partymen- Madurai Ganesan, Alagu 

Sundaram, Ganesamurthy, Veera 

Ilavarasan, Bhoominathan, Pulavar 

Sivanthiappan, P S Maniam and 

Nagarajan- were arrested under POTA for 

allegedly making speeches in support of 

the banned LTTE at a public meeting at 

Tirumangalam in Madurai District on 29 

June 2002. 39 

On 24 November 2003, the police 

arrested 15-year-old, G. Prabhakaran 

along with 25 others apparently because 

they could not locate his father, 

Gurusamy, a suspected Naxalite. A case 

was filed against him in the Othankarai 

Police Station under various sections of 

the Indian Penal Code, Explosives Act 

and Arms Act, in addition to the POTA. 

He was presented before the Oothankarai 

Judicial Magistrate on 25 November 

2003 and was remanded to judicial 

custody without checking if he was a 

minor. The boy’s date of birth as per the 

school transfer certificate was 11 May 

1987. When Prabhakaran was produced 

before the Uthangkarai judicial 

magistrate, he was “mechanically 

remanded to judicial custody” and was 

lodged along with the Naxalite40 prisoners. However, the Krishnagiri 

principal sessions judge, S. Ashok 

Kumar, granted him bail, observing that 

the school certificate would prevail over 

the result of a radiological examination 

conducted to determine the boy’s age. In 

his 137-page order on March 18, Justice 

K Sampath concluded that the 

Prabhakaran should have been tried only 

under the Juvenile Justice (Care and 

Protection) Act, 2000. The court ruled 

that the Juvenile Justice Act would 

prevail over POTA. 41 

227


On 16 April 2003, the Tamil Nadu 

Government slapped POTA on 

“Nakkeeran” editor, R R Gopal, who was 

arrested on 11 April 2003 in connection 

with alleged payment of crores of rupees 

to forest brigand Veerappan as ransom for 

the release of abducted Kannada fmatinee 

228 

idol Rajkumar in November 2000. 42 Chief 

Minister Jayalalitha, on 21 April 2003 

reportedly defended her government’s 

move saying Gopal had close links with 

Veerappan, and the two banned Tamil 

militant groups, the TNLA and the 

TNRT. 43 

■

Chapter24 

Tripura 

I. Overview 

Skepticism prevailed over optimism at the end of 2004 in the 

Communist Party of India (Marxist) ruled Tripura despite the 

surrender of 138 cadres of the National Liberation Front of 

Tripura (Nayanbashi Jamatia faction) on 29 December 2004. On 17 

December 2004, a seven-point tripartite settlement was signed by 

the Central government, the Tripura government and the NLFT 

(Nayanbasi Jamatia faction). However, NLFT leader, Nayanbashi 

Jamatia neither signed the agreement nor was he present during the

INDIA HUMAN RIGHTS REPORT 2005 Tripura 

surrender ceremony. Earlier, 72 members 

of the NLFT (Montu Koloi faction) 

surrendered. 1 On 15 April 2004, two 

factions of NLFT respectively led by 

Nayanbashi Jamatiya and Montu Koloi 

signed a tri-partite agreement with the 

Centre and Tripura governments. 2 Under 

the agreement of 17 December 2004, the 

state government agreed to withdraw all 

cases against them except those relating to 

crime against women. A special package 

worth Rs 55 crore was approved for 

development of the tribal areas. The 

government also agreed to formulate a 

special rehabilitation package for the 

surrendered cadres beyond the normal 

surrender scheme. 3 

Although the Borok National Council 

of Tripura (BNCT), NLFT faction led by 

Biswamohan Debbarma and All Tripura 

Tiger Force (ATTF) did not sign any 

ceasefire agreement, the incidents of 

violence by the non-State actors have 

reportedly gone down by 40 per cent in 

2004. There was also decrease of killing 

by 61 percent by the armed opposition 

groups with 67 killings in 2004 in 

comparison to 172 killings in 2003. 4 


for torture and extrajudicial executions. 

On 28 March 2004, Deputy Inspector- 

General of Police (Range) Akhil Kumar 

Shukla reportedly issued a circular 

directing Officers-in-Charge of police 

stations in Tripura to refrain from 

disseminating any information to the 

media or to any other quarter about 

encounter killings in the midst of 

230 

allegations of extrajudicial killings. 5 The 

State government failed to make the 

reports of inquiries into the extrajudicial 

executions of Rathojoy Jamatia and 

Biswas Singh Malsom on 20 December 

2003, Subodh Debbarma on 14 March 

2004 and Ramesh Debbarma on 31 

December 2003 public. 


also responsible for gross violations of 

international humanitarian laws including 

violence to life and person, in particular 

murder of all kinds, mutilation, cruel 

treatment and torture and taking of 

hostages. Altogether 69 people were 

allegedly killed and 59 injured by the 

armed opposition groups in 2004. 6 

Women continued to be victims of 

violence, including rape, both by the 

security forces and the armed opposition 

groups. 

The indigenous peoples who 

constitute 30.95% of the total population 

belong to the lowest ladder in all spheres 

of the society. The effective functioning of 

the Tripura Tribal Autonomous District 

Council (TTAADC) was hamstrung by 

political rivalries between the Indigenous 

Nationalist Party of Tripura and its offshoot 

organization, National Socialist 

Party of Tripura (NSPT) backed by the 

ruling CPM. On 30 December 2004, 

governor D N Sahaya dissolved the 

TTAADC before its scheduled expiry on 

19 May 2005 to bring an end to the 

factional feud in the ruling NSPT. 7 

Tripura has a large number of people 

displaced because of increasing land


alienation, insurgency and fencing of 

Indo-Bangladesh border. There were about 

70,000 internally displaced persons but the 

government has little plans of action to 

rehabilitate them. 

II. Atrocities by secutiry forces 


executions 


responsible for widespread human rights 

violations in the name of combating 

insurgency. The strength of security forces 

in the state was reported to be 9,919 

Tripura police personnel, 2,520 Home 

Guards, 60 companies of Tripura State 

Rifles (TSR), 80 companies of Border 

Security Force (eight deployed in counter 

insurgency operations), 60 companies of 

Central Reserve Police Force (CRPF) and 

3 battalions of the Assam Rifles. 8 

Though there have been reports of 

widespread extrajudicial executions, 

NHRC recorded only two custodial death 

cases in Tripura in 2000-2001, 1 custodial 

death in 2001-2002 and 2 cases in 2002- 

2003. 9 

Opposition leader Ratan Lal Nath of 

the Congress alleged before a visiting 

delegation of the National Human Rights 

Commission in June 2004 that 

paramilitary forces had killed 48 innocent 

tribals during the first six months of 

2004. 10 Earlier, on 28 March 2004, Deputy 

Inspector-General of Police (range) Akhil 

Kumar Shukla reportedly issued a circular 

directing officer-in-charges of police 

stations in Tripura to refrain from 

disseminating any information to the 

media or to any other quarter on such 

killings. 11 

On 14 March 2004, Subodh 

Debbarma, a tribal youth aged 27, was 

killed by the 6th battalion of the Assam 

Rifles posted at Gabordi area under 

Srinagar police station after he was called 

out of his house to act as their guide. An 

investigation conducted by Indigenous 

Nationalist Party of Tripura Vice- 

President, Nagendra Jamatiya and the 

local MLA Rajeshwar Debbarma found 

that the Assam Rifles personnel shot dead 

Subodh Debbarma at Shamukcherra 

village, two kms away from Padmamohan 

para. He was taken as a guide. On 15 

March 2004, the Assam Rifles authority 

claimed that Subodh Debbarma was a 

cadre of the NLFT (Nayanbasi) group and 

was killed in an encounter. However, the 

residents of Padmamohan para and 

Shamukcherra village reportedly claimed 

that there was no encounter on the night of 

14 March 2004. 12 

On 2 June 2004, Chief Minister Manik 

Sarkar ordered a magisterial inquiry into 

the killing of Subodh Debbarma. 13 

On 16 March 2004, Kuncharai Reang 

and Maheshwar Reang were allegedly 

extrajudicially executed at Chichingcherra 

under Manu police station in Dhalai 

district by the State police and Tripura 

State Rifles personnel posted at Manu 

police station. While Kuncharai was a 

class IX student of Rabindranagar High 

School in Kanchanpur subdivision, 

231


Maheshwar was a school-dropout and 

learning driving. On 14 March 2004, the 

victims were kidnapped from their village 

by the NLFT with an intention to recruit 

them. On 16 March 2004, they were 

brought to Chichingcherra village. The 

police happened to raid the NLFT camp on 

that day. During the encounter, the NLFT 

members allegedly used the victims as 

shields, pushed them forward and they 

themselves fled from the spot. Though the 

youth allegedly raised their hands in 

surrender, the police and TSR jawans 

sprayed them with bullets. After killing 

both of them the police claimed that they 

were hardcore NLFT cadres. 14 

On 29 March 2004, Laxmipati 

Malsum filed a complaint with the 

Teliamura police station accusing that her 

husband, Chandra Bahadur, a daily 

laborer, was extrajudicially executed by a 

combined force of state police and TSR 

jawans on 22 March 2004. She said the 

combined force conducted special search 

operations at Chintakumar Roajapara 

village under Teliamura police station, but 

finding no member of the armed 

opposition groups, they picked up her 

innocent husband and later shot him dead. 

The security forces, however, claimed that 

an NLFT cadre had been killed in an 

encounter. 15 

In March 2004, Chief minister Manik 

Sarkar reportedly ordered a magisterial 

inquiry into killing of Ramesh Debbarma 

who was shot dead by the TSR jawans of 

Radhapur outpost led by Naik Subedar 

Dharma Sadhan Jamatia on the 

232 

intervening night of 31 December 2003 

and 1 January 2004. Ramesh Debbarma 

was a class X student of Jirania High 

School when he was going to his 

grandfather’s house at Banskobra to attend 

a ceremony on 31 December 2003. The 

police claimed that the student was killed 

during an encounter with the armed 

groups. 16 

In early May 2004, at least 22 tribal 

persons including women and children 

were reportedly injured when the Assam 

Rifles jawans led by Nayek M S Garowal 

of Ratanpur post under Khowai police 

station went berserk during a counterinsurgency 

operation in Mandaibari 

village of West Tripura district. A tribal 

shopkeeper Sanjit Debbarma of 

Mandaibari was brutally tortured, his shop 

was ransacked and a cash of Rs. 2638 and 

other valuables were allegedly looted by 

the jawans when he pleaded ignorance 

about the movement of armed opposition 

groups in the area. He had to be admitted 

in Khowai Hospital. The villagers lodged a 

FIR at Khowai police station. According to 

them, the security forces were drunk when 

they rampaged the village and tortured 

them. 17 

ii. Impunity 

There is impunity for the security 

forces. The state government had initiated 

a Magisterial probe into the death of a 

tribal youth named Biswas Singh Malsom 

on 20 December 2003 at Watak Malsom 

para under Birganj police station in an 

alleged encounter with TSR in South


Tripura. The outcome of the probe is still 

awaited. Earlier, the state government had 

also instituted a CID probe into the 

mysterious death of a tribal youth, 

Rathojay Jamatia in Assam Rifles’ custody 

at Kanchanpur in North Tripura in June 

2003. The CID officers reportedly claimed 

to have found enough evidence of murder 

of Rathojay Tripura in the Assam Rifles 

custody. Similar cold-blooded murders of 

surrendered armed opposition group 

members by the police and security forces 

were also reported from Takarjala, Jirania 

and other disturbed areas in West Tripura 

district. 18 However, little action was taken 

against the errant security personnel. 

III. Abuses by the armed 



also been responsible for gross violations 

of international humanitarian laws 

including violence to life and person, in 

particular murder of all kinds, mutilation, 

cruel treatment and torture and taking of 

hostages. Chief Minister Manik Sarkar 

informed the State Assembly on 13 

December 2004 that altogether 69 people 

were killed and 59 injured by the armed 

groups in 2004. 19 While it was difficult to 

verify as to which particular groups were 

responsible for the killings, all the armed 

opposition groups were involved in the 

violation of international humanitarian 

laws. 

i. Murder and indiscriminate killings 

While both the tribals and non-tribals 

were victims of murder by the members of 

the armed opposition groups, it appears 

that political activists of the ruling 

Communist Party of Tripura were specific 

target. 

Tribal victims 

On the mid-night of 28 July 2004, 

Kutainya Tripura, son of a CPM supporter, 

Rasik Kumar Tripura of Baishnavpur 

village under Manu police station in 

Dhalai district was kidnapped by members 

of the armed opposition groups at 

gunpoint to show the way to Rishabari 

across the hill. He accompanied them till 

one kilometre and was then reportedly 

shot from point blank range. On the 

morning of 29 July 2004, police recovered 

his bullet-riddled body from the jungles. 20 

On 23 October 2004, alleged members 

of the National Liberation Front of Tripura 

(NLFT-BM) reportedly shot dead Tribal 

leader Gaganjoy Roaja, son of former 

CPM legislator Andamohan Roaja, at 

Durgapur under Gandacherra police 

station in Dhalai district. Gaganjoy Roaja, 

chairman of a local village council, was 

reportedly taking tea at a local tea stall at 

about 9.50 am when four insurgents 

appeared there and opened indiscriminate 

firing, killing him on the spot. A BSF 

constable who was taking tea with 

Gaganjoy also sustained serious bullet 

injuries. Another TSR personnel posted at 

Ratannagar camp was also killed in the 

ensuing gun battle with the armed 

opposition groups. Gaganjoy’s father, 

Ananda Mohan Roaja was also shot dead 

233


by the NLFT on 18 October 1998. 21 

Even the children were not spared. 

On 4 August 2004, alleged members 

of the ATTF attacked the house of local 

CPI(M) leader Madhusudhan Debbarma 

and kidnapped his daughter, son and 

nephew at gun point. The ultras later killed 

all the three children at a nearby jungle. 

Police recovered bodies of two of the three 

victims. 22 

On 9 November 2004, one Rajendra 

Debbarma, a resident of Dushki village 

was forced by alleged members of the 

ATTF at gunpoint to accompany them as 

guide into the interior areas of the village 

for extortion. After moving out of the 

village, Mr Debbarma was hacked to 

death. 23 

On 11 December 2004, alleged 

members of the NLFT members reportedly 

shot dead Usharani Debbarma and her 

daughter Rina Debbarma on the spot. 24 On 

12 December 2004, a tribal villager 

Manilal Debbarma of Damdom village 

was shot dead by cadres of NLFT-BM at 

Maipara under Fatikroy police station of 

North Tripura district. The deceased along 

with five other villagers had gone to 

Maipara to collect incense sticks. NLFT 

members suddenly appeared and fired 

indiscriminately at them killing Manilal on 

the spot. The other four managed to flee 

from the scene. 25 

On 24 December 2004, Rabindra 

Debbarma, tea garden manager was shot 

dead by suspected members of the 

National Liberation Front of Tripura 

(NLFT-BM) at Bhavanipara under 

234 

Srinagar police station. The alleged NLFT 

members raided the house of Rabindra 

Debbarma, manager of a local tea estate 

and took him out from his room and fired 

from point blank range. He died on the 

spot. 26 

Even the mentally challenged persons 

were not spared. On the night of 9 August 

2004, a mentally retarded tribal civilian 

was killed by suspected members of the 

All Tripura Tiger Force at Sonai village in 

Sadar (North) subdivision. 27 

Non-tribal victims 

At around 10:30 pm on 13 March 

2004, four members, including two 

children, of a family of one Anil Deb, a 

supporter of the ruling CPI-M, were shot 

dead at Lembucherra under Kamalpur 

police station in Dhalai district. The armed 

opposition group members broke open the 

door of the house and started firing from 

their automatic weapons killing Anil Deb’s 

sons Animesh (5) and Abhijit (8), wife 

Karabibala and mother-in-law Laxmi Deb 

on the spot. Their house was also set on 

fire. 28 

On 19 March 2004, the armed groups 

killed five non-tribal labourers and injured 

two others in an attack on the Durga 

brickfield in Champaknagar area under 

Jirania police station of Sadar subdivision 

in West Tripura district. 29 

On 7 June 2004, a group of alleged 

NLFT (BM) members reportedly raided 

the house of Tarani Debnath, the Pradhan 

(village headman) of Kulai Gram 

Panchayat at Ranratan Para under


Ambassa police station and enquired of 

him. Not finding Debnath at home, the 

armed groups reportedly kidnapped his 

daughter Aloka Debnath (13) at gunpoint. 

While retreating they fired on two nontribals 

Bishwajit Rudra Paul and Rakhal 

Adhikari - both residents of Kulai, 

Gandacherra - who were returning from 

Kulai market. They were reportedly 

rushed to Kulai hospital, where Biswajit 

succumbed to his injuries. 30 

On 20 October 2004, alleged NLFT 

cadres killed four persons in two incidents 

at Dabbari and Kucchuchara villages in 

Dhalai district. Kalicharan Namashudra, a 

resident of Dabbari village and his 10year-old 

son, Uttam were shot dead at 

point blank range at Padmakumarpara area 

under Kachucherra police station in Dhalai 

district when they were returning home 

from Durga Puja along with other villagers 

on the night of 20 October 2004. Another 

group of armed NLFT cadres broke into 

the house of one Bimal and killed him and 

his two-year-old son, Sagar, in the 

Kachucherra police station area. 31 

On 27 October 2004, suspected 

members of the armed opposition groups 

reportedly killed two persons on the spot 

and injured seven, four of them seriously, 

when they ambushed a passenger jeep on 

Tulashikar-Goaltilla road under Khowai 

police station. Those killed were 

Shibcharan Debnath of Basantilla and 

Priyotosh Pal Choudhury of Dibodhya 

area of Khowai sub-division. The four 

critically injured persons were rushed to 

the GB Hospital while others were 

admitted at Khowai hospital. 32 

ii. Kidnapping and abduction 

Kidapping has become the cottage 

industry of Tripura. While indigenous 

peoples and non-indigenous peoples have 

equally become victims of kidnapping, 

tribals living in remote areas remained 

more vulnerable to kidnapping. Members 

of the ruling Communist Party became 

specific target. Different armed opposition 

groups had reportedly kidnapped 83 

civilians in 2004. Although 40 persons 

returned home safely, about 43 abducted 

persons were missing at the end of the 

year. 33 

Tribal victims 

On 17 January 2004, Joy Kumar 

Tripura, CPI (M) leader and chairman of 

North Gokulnagar Village Council under 

Teliamura police station in West Tripura 

district was kidnapped from his house. 34 

On 8 March 2004, alleged members of 

the NLFT reportedly raided the 

Chikoncherra village in Dhalai district and 

searched for CPM leader, Dashendra 

Tripura. Not finding Dashendra Tripura, 

they abducted 50-year-old tribal jhum 

cultivator, Jalashanti Tripura, at gunpoint. 

They also allegedly threatened the 

farmer’s family and other residents of the 

village with dire consequences if they 

informed police about the incident. 

However, Dashendra Tripura’s wife 

lodged a complaint at the Manu police 

station. 35 

Suspected NLFT (Biswamohan 

235


faction) members kidnapped Rabijoy 

Jamatia, in charge of tribal welfare at 

TTAADC, from his residence at Hatichara, 

South of Maharani in South Tripura 

district on the night of 30 June 2004. 

Jamatia´s bodyguard, Muhim Debbarma 

could not put any resistance as he was 

disarmed by the armed group. 36 

On 5 July 2004, insurgents of NLFT 

(BM) kidnapped Rama Kumar Debbarma 

of Daharampara and his sister from 

Chandraipara under RK Pur police station 

of West Tripura. 37 

On 26 August 2004, alleged members 

of the ATTF raided the house of one 

Hrishamoni Debbarma, Chairman of a 

local Panchayat body and kidnapped his 

son Suraj at gun point from Belcherra 

under Khowai police station. 38 

On 24 September 2004, alleged 

members of the NLFT kidnapped 

Madhuram Debbarma, a rubber cultivator 

by profession, Dilip Debbarma and Arun 

Orang of Kachubari village under 

Champahowar police station of West 

Tripura. 39 

On the night of 11 October 2004, 

alleged members of the National 

Liberation Front of Tripura reportedly 

raided Chhagaldema village in North 

Tripura district and kidnapped two 

villagers, Bishak Debbarma and Pradip 

Debbarma. 40 

On 18 October 2004, Jawhar 

Debbarma and Mohanta Debbarma were 

reportedly kidnapped by NLFT from 

Kalatilla under Kumarghat police station. 

The victims belonging to Rajkandi 

236 

reportedly went to Kalatilla, 25 km from 

police station, for collecting bamboo along 

with another villager, Kunjalata 

Debbarma. According to Kunjalata, three 

armed rebels appeared there and abducted 

Jawhar and Mohanta at gun point and 

retreated towards dense forest. 41 

Non-tribal victims 

On 9 March 2004, Anukul Das, a jeep 

driver, who was kidnapped from Barcherra 

under Kanchanpur subdivision in January 

2004 was released after his family paid a 

hefty ransom for his release. Das, who 

complained to the Kanchanpur police, 

failed to disclose anything on the fate of 

passenger Jamini Sutradhar, who was 

kidnapped along with him. 42 

On the night of 26 April 2004, alleged 

members of the Borok National Council of 

Tripura (BNCT) reportedly raided 

Chhantail village in North Tripura district 

and kidnapped one Srikanta Ghosh from 

his house. 43 

On 8 June 2004, alleged members of 

the banned ATTF raided a railway work 

site at Gandharlong Bari and kidnapped 

two of the workers- Ranik Roy and Arun 

Nama- at gunpoint. 44 

On the mid-night of 6 June 2004, 

alleged ATTF cadres reportedly stormed 

the house of one Tarani Debnath at a 

remote hamlet under Kulai police station in 

Dhalai district and killed him. The ATTF 

cadres then kidnapped his 13-year-old 

daughter Jhuma Debnath, a student of class 

VII. 45 

On 13 June 2004, the ATTF cadres


kidnapped five traders from Karangicherra 

village, a village on the India-Bangladesh 

international border in West Tripura, when 

they were on their way to sell jackfruits in 

a border marketplace. 46 

On 14 June 2004, a group of NLFT 

cadres abducted 40 businessmen at 

gunpoint from Kanpui area of Tripura- 

Mizoram border in North Tripura when the 

traders were going to a weekly market in 

two trucks. Later, the NLFT members 

released 16 businessmen and abducted the 

remaining. 47 

The NLFT demanded Rs 50-lakh 

ransom for the release of 24 traders. As the 

family members of the petty traders 

expressed their inability to pay out the 

huge ransom money, the demand was then 

reduced to Rs 10 lakh. Yet, the families of 

the abducted traders were not in a position 

to meet the demand of Rs 10 lakh. Local 

businessmen, however, collected Rs 4 lakh 

and handed over the amount to the NLFT. 

The kidnappers released first three and 

then 15 hostages in two phases. 48 But six 

traders identified as Bapi Roy, Moran Roy, 

Mahim Roy, Sukhmoy Nath, Tapan Nath 

and Nani Nath did not return. The victims 

had reportedly fallen ill in the hideouts 

during their captivity. As the condition of 

the deceased continued to deteriorate and 

“could not move”, they were pushed down 

to death from hill top alive, claimed one of 

the freed hostages. 49 


alleged NLFT (BM) cadres reportedly 

abducted two tea labourers, Balaram 

Koiri, 65, and Chhota Koiri, 23 from 

Sarojini tea estate of Kailasahar, North 

Tripura. 50 

On 28 October 2004, National 

Liberation Front of Tripura (NLFT-BM) 

reportedly raided the house of Narayan 

Pau, a rickshaw-puller by profession, at 

Dingdongpara in Amarpur subdivision in 

South Tripura and kidnapped him at 

gunpoint. 51 


The overall women police officers in 

the State amounts only 5.3 percent of the 

total police force in the State. 52 The lone 

women police station set up in the state 

capital, Agartala 2002 has virtually turned 

into a chamber of torture and repression. 

In 2004, all the 14 staff of the women 

police station, including Officer-in- 

Charge, Ila Deb, were transferred for not 

arresting a criminal accused of rape 

despite identification by the victim. On 8 

August 2004, wife of a labourer, Dilip 

Chakraborty, who was gang raped went to 

file a complaint at the women police 

station. Three persons were brought to the 

police station for identification by the 

victim. Although the victim identified one 

of them as rapist, the accused was let free. 

In another incident of atrocity, Rita Banik, 

a housewife, was beaten severely inside 

the police station in February 2004 by the 

lady police officers when she went to file 

a complaint pertaining to domestic 

violence. The victim had to be 

hospitalized for several days. 53 

The women continued to be victims of 

human rights violations both by the security 

237


forces and armed opposition groups. 

i. VAW by the security forces 


for violence against women (VAW). 

On 20 August 2004, an eight-year-old 

girl was allegedly raped by police 

constable Nani Gopal Sarkar at West 

Durgapur village under Amtali police 

station. The victim, a resident of West 

Durgapur village, reportedly went to graze 

her goats in the field when the accused 

police constable lured her by offering 

snacks to eat. The accused then took her to 

a nearby deserted field and raped her 

repeatedly. The father of the victim 

subsequently lodged an FIR and the culprit 

was arrested. 54 

On 6 November 2004, a group of 

CRPF jawans based in Teliamura allegedly 

gangraped three tribal women at Debtabari 

village55 in West Tripura during an antiinsurgency 

operation. 56 The jawans 

ransacked some tribal houses and severely 

beat up the family members, who had 

nothing to do with militancy, seriously 

injuring eight tribal youth. The CRPF 

jawans then took three tribal women to the 

nearby jungle at gun-point and gangraped 

them. The women returned to the village 

but did not file any complaint with the 

police because of fear of reprisal from the 

security forces. When a delegation of 

INPT leaders visited Debtabari village on 

13 November 2004, it was informed of the 

rape. A complaint was then registered with 

the Teliamura police station. 57 

On 24 December 2004, a jawan of 2nd 

238 

Battalion of the TSR identified as Pintu 

Majumder was arrested on charge of 

raping a tribal girl at Debra under Sidhai 

police station. The accused is reportedly 

the driver of the TSR battalion. According 

to the police, Pintu Majumder carried 

away the girl who along with another girl 

was returning home from Asrai market, to 

a nearby hut and raped her. He fled away 

leaving the girl groaning with pain. After 

his arrest, he was remanded to 14-day 

judicial custody. 58 

ii. VAW by the armed opposition groups 


also responsible for violence against 

women. 

Six Chakma tribal women, including 

two minor girls, were gang raped and one 

Gunachitra Chakma was beaten to death 

on the spot by the members of the armed 

opposition groups at Baisyaram 

Karbaripara, a Chakma dominated tribal 

village under Chawmanu police station 

limits in Dhalai district on the night of 11 

March 2004. Fourteen more Chakma tribal 

people were also severely beaten up by the 

armed opposition groups. At around 8.30 

pm of 11 March 2004 a group of 16 armed 

tribal youth arrived at Baisyaram 

Karbaripara village and demanded food 

from the villagers. After having their 

dinner they asked the male folks of the 

village to stand in a line, and brutally 

beaten all. Gunachitra Chakma, who was a 

CPM worker, was beaten to death on the 

spot. Soon after that the gunmen entered 

into the houses and started raping the girls


and housewives. Before leaving, the 

marauders also looted the belongings of 

the villagers. As soon as the gunmen left 

Baisyaram karbaripara, panicked villagers 

rushed to Chawmanu police station and 

sought shelter from the police. They were 

later housed at Chawmanu government 

rest house. 59 On 22 March 2004, 

Chawmanu police arrested Baranda 

Tripura, the alleged prime accused of 

Paisharam Karbari para gang rape from his 

house at Gandhiram Colony. Barnada is a 

student of class X of Chawmanu school. 

Police has taken him in their custody on a 

remand of ten days. He was allegedly 

instigated to commit the crime along with 

some other local youths by Ratnajoy 

Tripura, a leader of a newly formed 

outfit. 60 The gang rape forced 753 persons 

including minors belonging to the Chakma 

community to take shelter in three 

different schools of Chawmanu following 

the incident. They have neither been 

rehabilitated nor given any assistance. 61 

On 22 November 2004, members of 

the NLFT allegedly raped two daughters 

of Gachhindra Reang and ransacked the 

entire Rajkandi village under Kumarghat 

police station of North Tripura. In a 

written complaint to the police on 28 

November 2004, the villagers said that a 

17-member group raided the village on 22 

November 2004 and indulged in an orgy of 

loot and plunder. The residents were 

forced to cook food for them and then 

collected Rs 100 each from 19 of the 40odd 

families staying in the village. The 

village chief, Kumbharam Reang, was 

forced to part with Rs 22,000. Those who 

did not have money were thrashed 

severely. After the looting spree, the NLFT 

cadres broke into the house of Gachhindra 

Reang and raped his two daughters. The 

NLFT cadres allegedly warned the 

residents of dire consequences if they 

brought the incident to the notice of the 

police. 62 

V. Economic status of the 

indigenous peoples 

The economic status of the tribals who 

constitute about 30.95% of the total 

population of the state according to the 

2001 census 63 remained deplorable. 

About 50,000 tribals who are victims 

of insurgency in remote areas have been 

deprived of civic amenities. Development 

activities in these areas have collapsed. 

The State government ultimately proposed 

94 “cluster villages” in all the four districts 

covering at least 30,000 families and 

37,000 hectares of land with the intention 

of bringing the remote and undeveloped 

hamlets nearer to mainstream society 

along the national highways. The Centre 

had implemented similar counterinsurgency 

programmes against the MNF 

in 1960s in Mizoram. 64 The Supreme 

Court, however, stayed the conversion of 

forest areas. 

The death of tribal people due to 

enteric problems each year is a ritual. In 

May 2004, the Tripura government 

admitted in the state Assembly that 

altogether 165 people - almost all of them 

tribals -died of enteric diseases in 2004 in 

239


27 villages under Chawmanu block in 

Dhalai district and seven villages under 

Tulasikhar block in West Tripura district. 

Of them, 128 people died in Chhawmanu 

block alone. The tribals were forced to 

consume the wild, inedible fruits and 

contaminated water because of a severe 

food crisis and total collapse of all 

development work. 65 During the last five 

years 93,000 people have been affected by 

diarrhea while 72,000 more were attacked 

by malaria in these places. 66 

The State government also 

approached the German government to 

rehabilitate the tribals. The German 

government is reportedly considering 

providing Rs 90 crore at the request of the 

State government of Tripura to rehabilitate 

20,000 jhumia tribal families by adopting 

various development schemes such as 

social forestry, rubber plantation, bamboo 

plantation, fishery and animal husbandry. 

The plan will be implemented in Dhalai 

and North Tripura districts in the next five 

years. A high level delegation of the 

German team reportedly visited Agartala 

on 19 November 2004 to shape up the 

project. 67 


A large number of people have been 

displaced in Tripura as a direct consequence 

of insurgency related violence. Between 

January 1999 to November 2003, a total of 

47,782 persons - both tribals and nontribals- 

were displaced. Most affected were 

Bishalgarh and Khowai in West Tripura 

district. While in Bishalgarh 12,800 people 

240 

were reportedly displaced, 9,598 people 

were displaced in Khowai sub-division. 

However, there were no displacement in 

four subdivisions - Kailashahar, 

Dharmanagar (both in North Tripura), 

Sonamura in West and Sabroom in South 

Tripura. 68 

About 50,000 families are likely to be 

displaced due to fencing of Indo-Bangla 

border in Tripura. 69 The Central 

government has earmarked allocation 

worth Rs 140 crore to implement the Indo- 

Bangla border fencing in Tripura. 70 

Tripura government has no policy 

towards the internally displaced persons. 

About 753 Chakmas belonging to 142 

families who were displaced from 

Chawmanu after the attacks by armed 

groups were not rehabilitated. By 2004, 

the State government took no action for 

their return with safety and security. 71 

VII. Prisoners 

About 300 prisoners were denied 

access to speedy justice without trial 

under the provisions of a lapsed 

amendment of the Criminal Procedure 

Code made by the state government in 

2003. On 26 May 2003, the State 

government tabled an amendment of 

clause 439-A of the Criminal Procedure 

Code, seeking to extend the period of 

detention without trial from 60 days to 

120 days and from 90 days to 180 days for 

criminal offences of varying nature. The 

amendment was passed in the State 

Assembly on 28 May 2004. However, 

since it was under concurrent jurisdiction


it had to be sent to the President for his 

assent. In order to enforce the amendment 

early, the State government promulgated 

an ordinance on 18 July 2003. According 

to Article 213 of the Constitution, the 

ordinance needed to be ratified by the 

State Assembly in its next session, which 

commenced from 19 September 2003. But 

this was not done, and according to 

constitutional provisions the ordinance 

became ineffective within six weeks from 

October 31. This failure on the part of the 

state government to ratify the ordinance 

had created many complications in 

judicial functioning. While a section of 

judges continued to stick to the lapsed 

ordinance and sent undertrials to jail 

custody for periods of 120 and 180 days 

for varying offences, others refused to 

take cognisance of it. 72 

■ 

241


242

Chapter25 

Uttar Pradesh 

I. Overview 

Ruled by Samajwadi Party, Uttar Pradesh recorded highest 

number of custodial deaths in India in 2004. According to the 

National Human Rights Commission, during 2003-2004 it 

recorded 217 custodial deaths - 18 in police custody and 199 in 

judicial custody. 1 While the Uttar Pradesh State Human Rights 

Commission received 1265 complaints in 2002-03, the number 

swelled to 2052 in 2003-04. Most of these complaints were against 

police personnel. 2 The police personnel continued to be responsible

INDIA HUMAN RIGHTS REPORT 2005 Uttar Pradesh 

for arbitrary arrest, detention, torture, rape 

and custodial death and violence against 

the Dalits. 

Uttar Pradesh also reportedly topped 

the list of harassment cases against women 

in India in 2003. Out of 5,160 complaints 

of atrocities and harassment against 

women received by the National 

Commission for Women in 2003, as many 

as 2,580 cases were reported from the 

state. 3 The women were subjected to rape, 

domestic violence, honour killings and 

dowry deaths. 

The Dalit women were extremely 

vulnerable. They are tonsured, stripped, 

paraded naked and raped. The Dalits also 

faced physical violence including killing 

at the hands of the upper castes. They are 

also deprived of the lands allotted to them. 

On 28 July 2004, Mansaram, a Dalit 

farmer, committed suicide in Ramnagar 

Tehsil in Barabanki district after the Uttar 

Pradesh Sahkari Gram Vikas Bank 

arbitrarily auctioned off his tractor and 

land for a paltry sum without following 

procedures. 4 

Land grabbing from the Dalits has 

been widely reported. Yet, on 26 July 

2004, the State cabinet decided to 

introduce amendments in the UP 

Zamindari Abolition and Land Reforms 

Act 1950 to lift the ban on sale of land 

owned by Dalit farmers. As per the 

existing Act, any Dalit owning 3.125 acres 

or less land is not allowed to sell the same 

to non-dalits. Lifting the ban on sale of 

land owned by dalit farmers would pave 

the way for malpractices. Atrocities and 

244 

violence by the upper castes to force the 

Dalits to sell their lands would also 

intensify. 5 

Adivasis in Sonebhadra district and 

Dalit families in Gorakhpur district have 

been facing severe starvation. In Raup 

village in Sonebhadra district, there were 

reports of death of many tribal children 

due to hunger in 2003. Many tribal 

families survived by eating roots and 

leaves of plants. In September 2004, the 

Supreme Court reportedly issued notice to 

the state government to take steps to 

guarantee the right to food of the affected 

persons. 

Though 19 policemen were killed in a 

landmine blast by suspected Naxalites on 

20 November 2004 at Naugrah of 

Chandauli district, according to state 

Revenue Minister Ambika Chowdhary 

only seven incidents of violence by 

Naxalites were reported in 2004 as against 

27 incidents in 2002. The state 

government has been spending Rs 13.2 

crore annually on the Central paramilitary 

forces deployed in Chanduli, Mirzapur and 

Sonebhadra districts. 6 



According to the National Human 

Rights Commission, during 2003-2004 it 

recorded 217 custodial deaths from Uttar 

Pradesh - 18 in police custody and 199 in 

judicial custody. 7 The NHRC had 

registered 159 custodial deaths in 1999- 

2000, 131 in 2000-2001, 194 in 2001-2002 

and 185 in 2002-2003. 8


On 19 May 2004, 80-year-old widow, 

Mangla Devi, allegedly died due to brutal 

beating by four constables headed by Sub- 

Inspector, Amod Kumar Singh who raided 

her Kanghi Tola residence in Sarai Maali 

Khan area of Thakurganj, Lucknow. The 

police team had gone to arrest Mangla 

Devi’s son Suresh, an accused in a robbery 

case. But not finding Suresh in the house, 

the cops vent their ire on the weak and frail 

woman. An hour after they had left the 

house, the widow succumbed to her fatal 

injuries. In-charge of Kakori police 

station, senior sub-inspector AK Singh, 

Sub-Inspector Amod Kumar Singh and 

four constables identified as Gajendra 

Singh, Ram Parvesh, Asharfi Lal and Sri 

Pal, were reportedly suspended following 

public protest. An inquiry report submitted 

by additional Superintendent of Police 

(Rural areas) found that charges against 

the cops were prima facie true. 9 

On 7 July 2004, a 35-year-old 

mechanic identified as Rajiv Sharma s/o 

Vishnu Avtar Sharma allegedly died in the 

police custody of the Sadar police station 

of Meerut. He was picked up from his 

house at 10 am on 6 July 2004 by the police 

from Sadar police station for interrogation 

in connection with his alleged involvement 

in a theft case of 12 gms of gold ornament 

in June 2004. During interrogation the 

police allegedly brutally beat him up and 

resorted to third degree torture. Apart from 

these, he was allegedly forced to drink 

excess of water while being beaten up. 

After his death, the police allegedly tried to 

give the incident a suicidal colour and sent 

his body to the district government 

hospital. The police officials wanted the 

deceased to be admitted there, but the 

doctor on duty refused. Later the police 

claimed that Sharma’s body was found 

hanging from a ventilation window inside 

the toilet of the police lock-up room. 

Following Sharma’s custodial death the 

local residents attacked the police station 

and torched some police vehicles. Seven 

police officials were reportedly suspended 

after a preliminary enquiry. 10 

On the night of 3 August 2004, 

Bhanumati, a pregnant Dalit, was allegedly 

brutally beaten up by policemen at Simra 

village in Pilibhit district. She died the next 

day of the beating. The husband of the 

deceased, Rameshwar Jatav lodged a 

complaint against the police. 11 

On 1 February 2004, four persons, 

including Jalaun district’s Samajwadi 

Party chief Surendra Niranjan and his 

brother Mahendra, were killed and over 

two dozens people were reportedly injured 

in police firing at Konch police station in 

Jalaun district. Samajwadi Party district 

chief Surendra Niranjan and his brother 

led a mob to the police station in protest 

against the detention of some people on 

the night of January 30 following the death 

of a person in a group clash. 12 

On 24 October 2004, one person was 

killed in police firing and nine, including 

six policemen, were injured in clashes 

between the police and a group of persons 

who laid siege to the Bakhira police station 

in Sant Kabir Nagar. The group attacked 

the police station following rumours that 

245


policemen were trying to immerse some 

idols of goddess Durga in the morning of 

24 October 2004, as those had not been 

immersed on the previous night. 13 

In April 2004, the NHRC also ordered 

the state government to pay an interim 

compensation of Rs 1 lakh to the kin of 

Harjinder alias Jinda, an undertrial who 

died in police custody on 19 August 1999. 

Earlier in May 2001, NHRC issued the 

direction for giving compensation but the 

State Government urged that there was no 

justification for grant of compensation as a 

CID inquiry had found that the undertrial 

died by jumping into a nallah, canal, while 

being taken to the court and allegation of 

torture by the police was not established. 

Stating that the police officials escorting 

the undertrial did not take care to prevent 

the risk of “avoidable harm” to him, the 

NHRC ruled that the Government was 

“vicariously liable” in the matter. 14 

In April 2004, the NHRC directed the 

Uttar Pradesh Government to pay Rs 1 lakh 

as interim relief to the next of kin of an 

undertrial prisoner Sher Mohammad, who 

died in police custody on 23 February 1996, 

a day after his arrest. The magisterial inquiry 

report stated that Sher Mohammad was 

beaten up by the Station House Officer and 

had died as a result of police torture. The 

post mortem report found out that his death 

was caused by shock and haemorrhage due 

to injuries in police custody. 15 

ii. Torture 

Police torture is rampant in Uttar 

Pradesh. 

246 

On 25 January 2004, one Pankaj Giri, 

a tea vendor, was allegedly thrown off the 

speeding Chhattisgarh Express by three 

Government Railway Police (GRP) 

constables near Kosi Kalan in Mathura 

district. However, Pankaj survived having 

lost his both legs in the incident. The 

victim alleged that the GRP constables 

tried to kill him when he refused to accede 

to their demands for money. 16 

On 7 June 2004, one Brahma Dutt 

Tyagi alias Titu was picked up by Sub- 

Inspector Amir Kumar, in-charge of the 

Rajinder Nagar police station in 

Ghaziabad district and was illegally 

detained in the police station for three 

days. He was allegedly tortured brutally. 

The Sub-Inspector allegedly demanded Rs 

30,000 from the victim for his release. 

Soon after he had been released from the 

police lock-up, he was arrested again for 

allegedly possessing drugs and sent to jail. 

The victim was allegedly picked up after 

his car broke down near Sahibabad 

Railway Road on the way to Delhi. 17 

On 11 October 2004, eight persons 

were reportedly injured, one of them 

critically, when an army jawan fired from 

his gun following an altercation between 

him and some persons including a tempo 

driver over hire charges at the Belthra 

Colony in Balia district. The accused 

jawan was later arrested by the police. 18 


The National Commission for Women 

(NCW) reportedly received as many as 

2,580 complaints from Uttar Pradesh out


of 5,160 complaints of atrocities and 

harassment against women across the 

country in 2003. 19 There were reports of 

honour killing and custodial rape. Dalit 

women became easy target for inability of 

their husbands to pay debts. 

On 21 November 2004, an upper caste 

girl identified as Ruby was allegedly 

murdered by her parents at their house at 

Alipur Morna village under Hastinapur 

police station in Meerut district and later 

threw her body in the Ganges near 

Mukhodoompur village for the “sake of 

honour”. She was reportedly in love with 

her Dalit neighbour, Yogendra Jatav. When 

Ruby was fast asleep, her parents allegedly 

entered her room. While her mother, Reeta 

Sharma held her legs tight, her father 

Jayanta Prasad choked her breath till she 

died. They later confessed their crime, and 

have been sent to jail on charges of 

murder. 20 

On 7 July 2004, a police constable, 

Arjun Singh was suspended and sent to jail 

for allegedly raping Munni and Shabnam, 

inmates of the Women Protection Home, 

Agra. 21 

On 25 August 2004, two police 

constables - Jai Veer Singh and Prem Pal 

Singh of Agra allegedly abducted a 21year-old 

poor housewife, Dayawati and 

sold her off for Rs 20,000. When her 

hapless husband, Sanju - who irons clothes 

and uniforms of cops at the Reserve Police 

Lines in Agra - went to the policemen to 

look for his wife, they struck another deal 

with him. They promised to fetch the 

woman back for Rs 30,000. On 26 August 

2004, Sanju reportedly recorded his 

statement before a senior police officer 

saying his wife had been kidnapped by the 

two constables and sold her off to one Raju 

in New Delhi for Rs 20,000. On 27 August 

2004, Agra Senior Superintendent of 

Police, Raj Kumar Vishwakarma said an 

inquiry had been instituted under 

Additional SP (City) Gulab Singh. He, 

however, tried to absolve the accused 

policemen. According to him initial 

reports indicated Dayawati had eloped and 

married someone else. 22 

On 15 September 2004, a woman 

undertrial prisoner, was attempted with 

rape and later brutally beaten up by four 

police constables at a transit lock-up at 

Hamirpur district court compound. The 

victim was taken to the Hamirpur district 

court for hearing; but as judicial work was 

suspended on that day owing to the 

statewide strike by lawyers, she was 

lodged at a transit lock-up of the court 

compound. Suddenly some lawyers at the 

Court compound heard a cry for help and 

tracing the cry, they reached the transit 

lock-up where they found the victim was 

scuffling with some male police 

constables. No woman police was present 

there. The victim alleged that the police 

constables had tried to rape her. The two 

women inside the cell as well as a few 

undertrials at the men’s lock-up 

corroborated her allegations. The lawyers 

took the girl before the district judge, who 

in turn directed a chief judicial magistrate 

(CJM) to record statements of the victim 

in-camera. She was, however, sent back to 

247


the transit lock-up where she was brutally 

beaten up, leaving her with a fractured 

hand and a bleeding head. A medical 

report, which was sent to the court, 

confirmed her injuries due to severe 

beating. The authorities concerned, 

however, did not even order an inquiry 

into the incident, leave alone taking any 

action against the guilty police personnel. 23 

On 27 November 2004, two constables 

identified as Gajbe Alam and Ram Ratna 

posted at Alambagh police station in 

Lucknow allegedly illegally detained a 

young woman alongwith a friend of her for 

two hours and extorted Rs.7,000 and a 

mobile phone from her. The woman also 

accused the constables of molesting her. On 

receiving a complaint from the victim, the 

police arrested the accused. 24 

On the night of 15 December 2004, six 

policemen including Station House Officer 

of Aliganj police station in Bareily town 

allegedly raided the house of one Nempal in 

connection with a case of looting. As the 

suspect Nempal was not found, the police 

team allegedly brutally beat up his wife 

Premvati. She was seven-month pregnant. 

She sustained serious injuries, and suffered 

miscarriage due to the beating. Following a 

complaint on 17 December 2004, an 

inquiry was conducted by the 

Superintendent of Police who found the 

allegations of beatings by the policemen 

prima facie true. The six policemen 

identified as SHO of Aliganj police station, 

Vipin Tyagi, Krishan Pal Singh, 

Ishalamudin, More Mukut, Rambhajan and 

Rajbhadur were suspended. 25 

248 

On 20 December 2004, police raided a 

series of cyber cafés in Agra and arrested 

42 persons in the age group of 16-19 years 

for allegedly surfing pornographic sites. 26 

On 21 December 2004, police conducted 

similar raids in Aligarh, where many 

teenaged boys and girls were harassed and 

humiliated. During a raid on a cybercafe in 

Civil Lines area of Aligarh, a male officer 

allegedly dragged a girl student by her hair 

and forced her to face the camera of a local 

news channel. 27 Six girls were taken to 

police station and later released. 28 No 

women police was reported to be present 

during the raid. 29 On 24 December 2004, 

the NHRC took suo motu cognizance of 

the report of alleged police highhandedness 

during the raids, and sought 

report from the state government within 

two weeks. 30 

On the night of 15 January 2004, 35year-old 

Kamlesh, mother of four, was 

allegedly beaten, stripped and set on fire in 

Bohich village in Buland Sharh district by 

three people of the same village. In the 

absence of her husband Sukhvir, the victim 

was sleeping with her four children at 

home when she was attacked. She later 

died in a hospital. The cause behind the 

humiliation and murder was suspected to 

be non-payment of loan of Rs 20,000 

taken by Sukhvir from one of the three 

assailants, Mahesh, on the condition that 

Mahesh would get a part of Sukhvir’s land 

if he could not repay. 31 


seven tribal girls were allegedly gangraped 

by unidentified armed persons at a


brick-kiln at Pipra Jatampur village under 

the Kubersthan police station in 

Kushinagar district. The victims were 

workers at the brick-kiln. 32 Initially the 

police had allegedly refused to lodge a 

case. Only after the visit of Deputy 

Inspector General of Police on 26 

February 2004, three days after the rape, 

the case was registered. 33 

On 15 June 2004, an NGO, Bachpan 

Bachao Andolan, carried out a raid in the 

Great Roman Circus at Gonda, following a 

complaint filed by the parents of 11 girls, 

and rescued some of them. The others 

could not be freed as the district authorities 

had allegedly “tipped off” the circus 

management which had hid them. The 

minor girls were allegedly forced to work 

as bonded labourers and sexually 

exploited by the owners. 34 


In Uttar Pradesh, many tehsil officials 

have allegedly openly joined hands with 

members of upper castes to usurp the lands 

of the tribals, backwards or Dalits. In one 

such instance, in Manikpur in tehsil Karvi 

in Chitrakoot district in 1994, the police 

filed complaints against Nayab Tehsildar 

under sections 420, 467, 468 and 471 of 

Indian Penal Code accusing him of 

manipulating revenue records to show 

living people as dead with a view to let 

affluent people from upper caste usurp the 

land of lower caste people. In this case, 21 

people including two were Kanungoes and 

three lekhpals were named as accused. The 

district administration took necessary 

action and returned the lands to the owners. 

But, in the meantime, land mafia came into 

picture and obtained a stay order from the 

court. Since then the pleas of the petitioners 

were allegedly not heard. In Ajitpara village 

of Banda district, 22 people were shown as 

dead and their lands had been given to 

others. The case filed in the in court has 

been dragging for the last one decade. 35 

Yet, the Cabinet of State government 

decided on 26 July 2004 to introduce 

amendments in the UP Zamindari Abolition 

and Land Reforms Act 1950 to lift the ban 

on sale of land owned by Dalit farmers. As 

per the existing act, any dalit owning 3.125 

acres or less land is not allowed to sell the 

same to non-dalits. Lifting of the ban would 

pave the way for malpractices and atrocities 

and violence by the upper castes against the 

Dalits will intensify in order to force them 

to sell their lands. 36 

On 2 March 2004, two Dalits were 

reportedly shot dead at Gopiganj area in 

Bhadohi district by gunmen. The cause 

leading to the killing was believed to be a 

dispute over cultivation. An FIR was 

registered against four people in this 

connection but no arrest was made. 37 

On the evening of 25 July 2004, upper 

caste members allegedly pulled down the 

house of Gaya Prasad, a Dalit at Dulapur 

village of Sultanpur district. The upper 

caste members also set ablaze two 

thetched houses and roughed up a woman 

in the same village. Gaya Prasad 

reportedly lodged a complaint with the 

police and a case was registered in the 

Mushiganj police station. 38 

249


On 28 July 2004, Mansaram, a Dalit 

farmer, committed suicide in Ramnagar 

Tehsil in Barabanki district. Two years 

ago, Mansaram’s father Kallu and two 

neighbors had taken a loan to buy a tractor. 

But the UP Sahkari Gram Vikas Bank 

auctioned off the tractor and his land for a 

paltry sum when they failed to repay the 

debt. An inquiry committee found the 

district administration guilty of not 

following procedures while auctioning off 

the land. Chief Minister Mulayam Singh 

Yadav suspended the District Magistrate 

of Barabanki and five senior officials. The 

CM cancelled the auction and announced 

Rs 1 lakh as compensation. 39 

In August 2004, one Nathu, a Dalit of 

Nalgarha of Gautam Budh nagar district 

filed a complaint with the National Human 

Rights Commission alleging forcible 

seizure of Dalits’ land by some influential 

people of Nalgarha village in connivance 

with officials in Sutyhana, Shahdar, Garhi, 

Mohiyapur and Nalgarha. The Dalits had 

been given the title deeds for these lands. 

When the Dalits protested, they were 

allegedly beaten up and some of them had 

to be hospitalised. When a complaint was 

lodged with the police, some people were 

taken into custody; but no criminal case 

was registered against them. They were all 

set free later. 40 

On 21 December 2003, two Dalit 

youth - Vikas, a brick kiln labourer and 

Munish, a carpenter, were killed by some 

upper caste Rajputs in Santagarh village in 

Saharanpur district for winning a cricket 

match. A fact-finding team of the PUCL 

250 

reportedly found that the culprits in 

connivance with the police fabricated the 

FIR and included the name of the wrong 

persons. Police were abysmally slow to 

investigate the case and four other men 

mentioned in FIR were yet to be 

identified. 41 

On 4 June 2004, two Dalit minors 

were reportedly kidnapped from 

Naurachandpur village and killed. 42 

On 28 June 2004, a Dalit woman was 

tonsured, stripped naked and forced to 

march through the streets at Sirohadeeh 

village in Ballia district after the village 

panchayat found her “guilty” of adultery 

following a complaint by the woman’s 

husband. Police reportedly arrested eight 

panchayat members. 43 

On 30 July 2004, 20-year-old Ramrati, 

a Dalit woman from Karanpur village in 

Mohanlalganj on the outskirts of Lucknow 

delivered a still-born child at the gate of 

the Community Health Centre, 

Mohanlalganj, after she was refused 

treatment since her mother expressed 

inability to pay up Rs 10,000 for the 

delivery. Two inquiries were ordered into 

the incident. Both came up with 

completely contradictory reports. 44 

On 31 August 2004, members of the 

Rajput community allegedly beat up three 

Dalit youth, including a physically 

challenged person, and hanged them 

upside down in a well for washing their 

hands at the tubewell belonging to one 

Kalu Rajput, an upper caste, in Sisana 

village of Baghpat district. The Dalit 

victims filed an FIR against seven people


of the Rajput community in the local 

police station. Hundreds of Dalits 

demonstrated at the camp office of the 

District Magistrate, Bagpat on 1 

September 2004 protesting against the act 

of brutality. 45 

On 29 September 2004, the upper 

caste students of Gora Primary School, 

near Lucknow, reportedly refused to have 

mid-day meal with their Dalit classmates. 46 

In October 2004, over 100 children 

belonging to upper caste community of a 

government primary school in village 

Magla Moosa near Modinagar in 

Ghaziabad district reportedly refused to 

eat the food cooked by a Dalit woman 

under the mid-day meal plan. The matter 

came to light after an inspection team of 

state education department visited the 

school for supplying the meal. 47 

V. Prisons and prisoners 

Prison conditions were deplorable and 

prisoners were subjected to abuses by the 

inmates, often dreaded criminals as well as 

the prison staff. 

In January 2004, the NHRC sent a 

show cause notice to the state government 

asking why interim compensation should 

not be given to the next kin of an 

undertrial, Kolumbus, who died on 8 

September 2003 after he was slashed with 

a knife and razor by three other inmates in 

a court lock-up in Lucknow. The NHRC 

said it was a matter of “serious concern” 

that sharp-edged weapons were available 

to prisoners in the lock-up. 48 

On 22 April 2004, the Allabahad 

High Court directed the Uttar Pradesh 

government and IG prisons to submit 

within two months the report of prisoners 

languishing in all UP jails for more than 

14 years, and directed them to ensure 

disposal of all pending applications. The 

order was passed following a petition 

filed from jail by a life convict Bachey 

Lal, who had served 14 years in Varanasi 

Jail. 49 

■ 

251


252

Chapter26 

Uttaranchal 

I. Overview 

Human rights situation in the Congress ruled Uttaranchal 

remained disturbing. On 26 July 2004, 60-year-old, Baba 

Uttarakhandi died after observing 37-day fast over the 

demand for establishment of the permanent capital at Gairsain 

instead of temporary capital at Dehradun. He was rushed to the 

hospital at the last moment and died of cardiac arrest. 1 

The crime graph in the state was reportedly rising and 

policemen themselves were responsible for many incidents. In 2003,

INDIA HUMAN RIGHTS REPORT 2005 Uttaranchal 

nearly 20 police personnel were suspended 

for different offences. In January 2004, 

Navin Kumar, a police constable, and two 

other state police personnel were arrested 

for a robbery at a house in the Balbir Road 

area. Gold ornaments weighing one kg, a 

computer and a Santro car were reportedly 

recovered from Navin Kumar’s house. 2 

The police arrested traffic constable Vinod 

Kumar on charges of raping a fourteenyear-old 

minor girl in Rudraprayag district 

on 2 December 2004. 3 


About 150 Dalit families of 

Ambedkar settlement in Shaheed Udham 

Singh Nagar district have reportedly been 

denied the right to food, justice, 

rehabilitation and land rights since their 

illegal eviction in 1993 despite Supreme 

Court ruling of February 2004 in their 

favour. In February 2004, the Supreme 

Court ruled that around 150 Dalit families 

in Ambedkar settlement have legal rights 

to over one-thousand acres of land. The 

Dalit community of Ambedkar settlement 

had been legally tilling the land in 

question for over thirty years till they 

were forcibly evicted in 1993 by the 

police and other officials. The village was 

reportedly demolished in connivance 

with a private company M/s Escort Farms 

Ltd and over 80 of the villagers were 

detained for eight days on charges of 

disturbing the peace. In 1992, a local 

government official had declared the 

Dalit settlement as ‘surplus land’ under 

state law, but the private company M/s 

254 

Escort Farms Ltd contested the granting 

of title in the Allahabad High Court. In 

May 1995 the court rejected the petition 

and ordered the state government to pay 

one million rupees in compensation to be 

used for the rehabilitation and 

resettlement of the villagers. The 

company moved the Supreme Court. The 

Supreme Court asked the state 

government to return the land to the 

Dalits. But the state government failed to 

respect and implement the Supreme 

Court order. Due to the lack of livelihood 

and rehabilitation, around 150 Dalit 

families in Ambedkar settlement had 

been facing severe starvation. 4 

On 19 November 2004, a Dalit 

bridegroom, Nand Kishore, son of police 

constable Lalita Prasad Tamta, was 

allegedly ill-treated in his own village 

Hanera in Pitthoragarh district while 

returning after his wedding in 

Bagheshwar, along with the procession. 

The ‘sawarnas’ (upper caste) people 

allegedly blocked the Dalit “baraat” 

procession and refused to let the party 

pass through the road outside their houses. 

Some allegedly threw dirty water at the 

‘baraat’, and they not only made 

derogatory casteist remarks against the 

‘baraat’ but also pushed the bride’s 

palanquin. The police have arrested seven 

persons in this connection, and charges 

have been framed against them under the 

SC/ST (Prevention of Atrocities) Act. 5 

III. Internally Displaced Persons 

The Pancheswar Dam, an Indo-Nepal

INDIA HUMAN RIGHTS REPORT 2005 Uttaranchal 

joint project, in Pithoragarh district near 

the Indo-Nepal border will reportedly 

cause displacement of 80,000 people in 

India and 20,000 in Nepal. The 

groundwork has already begun for the 

315-metre-tall dam, which will be higher 

than the Tehri dam. The reservoir of the 

dam would span 120 square kilometers 

and submerge about 146 villages in India 

and 50 villages in Nepal respectively. 6 

Rehabilitation of the persons 

displaced due to Tehri hydel project has 

not been completed so far. Although the 

state government claimed that it had 

completed the rehabilitation till 760 

meters level, some displaced villagers are 

still waging their last battle in Old Tehri 

town itself. 7 The Tehri Dam authorities 

have already spent Rs.1,000 crores on the 

rehabilitation process but the money did 

not allegedly reach the affected people in 

rural areas. 8 

IV. The Maoists 

The activities of the Maoists from 

Nepal have reportedly increased in 

Uttaranchal. 

On 28 August 2004, a two-year-old 

girl identified as Gudia daughter of Laxmi 

Dutt Gadkoti, former president of the 

Jhulaghat Vyapar Sangh, was seriously 

injured when Maoists opened fire on 

Indian side from across the Indo-Nepal 

border at Jhulaghat in Pitthoragarh 

district. 9 On 24 September 2004, the 

Maoists burnt a wooden bridge connecting 

India and Nepal in the district. 10 

The Uttaranchal police arrested five 

suspected Maoist sympathisers in the 

forests of Udham Singh Nagar adjoining 

Nepal on 30 August 2004. Those arrested 

persons were reportedly locals acting as 

carriers of food and other essential items to 

some activists of the Maoist Communist 

Centre of India. 11 

In October 2004, 18-year-old Khemraj 

Bhatt, an alleged Maoist area commander 

from Nepal was arrested while trying to reenter 

Nepal from Lohaghat area of 

Champawat district. On 19 December 

2004, Uttaranchal police stated that Bhatt 

would be handed over to the Royal 

Nepalese Army after consultations with 

the Ministry of External Affairs. 12 

■ 

255

INDIA HUMAN RIGHTS REPORT 2005 Uttranchal 

256

Chapter27 

West Bengal 

I. Overview 

The Communist Party of India (Marxists) has ruled West 

Bengal since 1977. The hanging of Dhananjoy Chatterjee, the 

rapist and killer of 14-year-old school girl Hetal Parikh at 

Alipore Central Jail on 14 August 2004 and the right to collective 

bargaining - the right to call bandh, general strike, that struck the 

political parties across the spectrum sought to eclipse other major 

human rights violations in the State.

INDIA HUMAN RIGHTS REPORT 2005 West Bengal 

The year 2004 started with the arrest 

of a member of Association for Protection 

of Democratic Rights (APDR). Satyajit 

Banerjee, a police officer whose actions as 

the Officer-in-Charge of Karaya police 

station were described as “a blot on the 

police force” and his behaviour as 

“barbaric” by West Bengal State Human 

Rights Commission, was recommended to 

the President of India for the Indian Police 

Medal. 1 Although compensation was 

recommended in a few cases, most human 

rights violations went unpunished. Access 

to justice has been obstructed through 

technicalities at courts, doctoring of post 

mortem reports and intimidation and 

harassment of the victims, their relatives 

and human rights defenders. 

Hunger and starvation deaths in 

Amlasole, West Midnapore that captured 

the news headlines in June and July 2004 

were sought to be brushed aside by the 

proletariat government. Long years of 

neglect resulted in deep social discontent 

which in turn has become the breeding 

grounds of the Naxalites - the Maoists 

Communist Centre (MCC) and Peoples 

War Group (PWG). In the beginning of the 

year approximately 350 Border Security 

Personnel deployed in the Maoists’ 

heartland of Purulia, West Midnapore and 

Bankura were reportedly withdrawn in 

September 2004 for deployment in 

Manipur. 2 The Maoists offered conditional 

talks 3 while the Left Front government 

reiterated that no talks would be held till 

they give up the path of violence. In July 

2004, the state government launched a 

258 

special operation against the Naxalites. On 

23 September 2004, State Home Secretary 

claimed that 30 Naxalites had been 

arrested during the special operations. The 

State government also set up 27 camps of 

the security forces along the border with 

Jharkhand to counter the Naxalites. The 

Central government had sanctioned funds 

for raising two battalions of the India 

Reserve Battalion (IRB) Force with Rs 13 

crore for each battalion to assist antimilitancy 

operations. One battalion is 

almost ready for deployment. 4 As an 

indication to the shape of atrocities to 

come, on 14 and 15 November 2004, West 

Bengal Police arrested six of these IRB 

trainees for violence against the civilians 

at Bidhan Nagar Government Housing 

area in Durgapur on the night of 13 

November 2004. 5 

The State government continued its 

crackdown on the Kamtapur Liberation 

Organisation (KLO) which reportedly 

recruited its first batch of armed cadres in 

December 2002 to espouse the cause of the 

Rajbangshi tribal community in North 

Bengal. According to Chief Minister 

Buddhadev Bhattacharjee out of 166 KLO 

activists identified by the government, all 

except 35 had not been arrested. 6 Human 

rights organisations in the past reported 

that most suspected members of the armed 

opposition groups are charged with the 

most severe provisions of the Indian Penal 

Code such as sections 121, 121A, 122, 123 

and 124A pertaining to ‘waging war 

against the state’, ‘gathering arms to wage 

war against the state’, ‘conspiring with


foreign countries to wage war against the 

Indian state’, etc. These offences are 

punishable with life imprisonment and 

even the death penalty. 7 

The rights of the vulnerable groups 

continued to be violated. While children 

were caned despite the High Court ban on 

corporal punishment, women became 

victims of violence including rape by State 

Police, Central Security Forces and the 

Railway Protection Force. Human rights 

defenders, especially the members of the 

APDR faced the repression of the State 

government. 

The armed opposition groups too 

committed abuses including violation of 

the right to life. 

II. Atrocities by State agencies 


executions 


Commission recorded high number of 

deaths in police custody in West Bengal 

respectively 19 in 1999-2000, 9 in 2000- 

2001 and 17 in 2001-2002 and 16 in 2002- 

2003. 8 This indicates the widespread use 

of torture by West Bengal Police. 

On 27 January 2004, police from 

Sandeshkhali Police Station came to 

Jhupkali village, 24 Parganas (North) 

district and shot dead Gaffar Ali Mollah, 

an alleged bank robber. According to 

eyewitnesses, the police surrounded 

Mollah’s house as he was sitting beside the 

pond. After seeing the police, Mollah 

started to run but police shot at him. He 

was first hit in the legs and fell down. Then 

the police party led by the Officer in 

Charge, Prabir Banerjee, reportedly came 

up to Mollah and standing on his chest the 

OC and another officer shot him at pointblank 

range. They shot into his mouth and 

chest 5-6 times. After this, they took away 

two gold rings, a wristwatch and cash from 

Mollah’s body, although he was critically 

wounded and not yet dead at this time. The 

police then took away Mollah’s body. 

About 5-10 minutes after taking away the 

body, the police convoy returned with 

Mollah’s body in one auto rickshaw. As 

they passed through Rampur, Siddique 

Mollah and his 17-year-old son, Riazul 

Mollah, who were catching fish in the 

pond of Surath Sardar were taken into 

custody without arrest memo. Riazul was 

allegedly implicated in a false case and 

was later released on bail. 9 

On 9 February 2004, Kamal Sharma, a 

guard of a cement godown in Jangal Basti 

at Fansideoa, Darjeeling District was 

tortured to death in police custody. He was 

arrested on 6 February 2004 on the basis of 

a complaint filed by the owner of the 

cement godown, Dilip Das with Fansideoa 

Police Station that Rs. 92,000 was stolen 

from his residence. The police arrested 

Kamal Sharma as a suspect and took him 

to the police station. No stolen money was 

found in Kamal Sharma’s possession. The 

police illegally detained him for three days 

and produced him to the Court of Sub 

Divisional Judicial Magistrate (SDJM) 

Siliguri only on 9 February 2004. The 

SDJM sent Kamal Sharma to seven days 

259


remand at the police station for further 

investigation as per the prayer (written 

request) of the police. The police brought 

the victim back to the Fansideoa Police 

Station and put him in lock-up with 

another inmate. At around 8:00 pm of the 

same day, Kamal Sharma was found dead 

allegedly hanging in the lock-up. The 

police took the body of the victim to the 

nearby Fansideoa Hospital where the 

doctor declared him dead. He reportedly 

had no history of serious physical or 

mental illness. The family members 

alleged that they saw some injury marks 

on the victim’s body. They further raised 

the question as to how the victim could 

make a strong rope from the rug within a 

few minutes, while staying with his codetainee. 

10 

On 28 June 2004, an undertrial named 

Bikramjit Sarkar, a resident of Barobisha 

under Kumargram police station area died 

in the Alipurduar hospital, where he was 

admitted in critical condition after 

allegedly being tortured by police in 

custody. Bikramjit was admitted to 

Alipurduar hospital at around 4.50 am on 

28 June 2004 and he died at 5.30 a.m. 

There were injury marks on his body. 

Bikramjit was reportedly arrested on 25 

June 2004 by the Railway Protection 

Force for allegedly stealing railway 

property. On 26 June 2004 he was 

produced before the Alipurduar subdivisional 

judicial magistrate and 

remanded to judicial custody. He was kept 

in Alipurduar Subsidiary Correctional 

Home due to his mental illness. While the 

260 

sub-jailer of Alipurduar Subsidiary 

Correctional Home, Gobinda Narayan 

Sarki claimed that Bikramjit was injured 

after an epileptic attack during which he 

slipped on the floor of the jail, the family 

members of the deceased alleged that he 

was brutally beaten up inside the jail 

resulting in his death. The family members 

filed an FIR against Gobinda Narayan 

Sarki. Jiban Krishna Sadhukha, the Sub 

Divisional Officer of Alipurduar and also 

the superintendent of the correctional 

home reportedly called the undertrial’s 

death as ‘unnatural’. According to him, 

had the victim slipped on the floor the 

bruises would have been on one side of the 

body, but the marks were visible on both 

sides of the victim’s body. 11 


July 2004, Soumyendu Mondal, aged 32 

years of Jagul Village, Arjuni Panchayat 

under Debra Police Station in Midnapur 

District was arrested by police from 

Kharagpur Police Station. When his wife, 

Pratima Mondal asked the reason of arrest, 

the police pushed her away. She fell down 

and suffered injuries. Before leaving the 

house the police wrote in a paper that 

nothing was detected and/or seized from 

the house and also took signatures of 

Pratima and Pravaboti, the victim’s 

mother. He was allegedly tortured and 

killed in police custody. On 8 July 2004, 

the police sent a message to the victim’s 

family that Soumyendu died due to cardiac 

failure. To cover up the injuries on the 

body of Soumyendu, police made another 

story that he jumped out of the police jeep


to flee away from police custody on 7 July 

2004 while being taken for a raid. The 

victim was not produced before the local 

Magistrate Court which is mandatory 

under the law. Suspecting foul play, 

Soumyendu’s family members filed a 

complaint on 8 July 2004 at the local 

criminal court demanding inquiry into the 

custodial death of Soumyendu. 

Subsequently on 9 July 2004, the 

Kharagpur police attempted to cremate the 

victim’s body without the family’s 

consent. But the local villagers intervened 

and they preserved Soumyendu’s body 

under the soil. On 14 July 2004, Apurba 

Nag, the officer in charge of the Kharagpur 

Police Station, the alleged prime accused, 

was transferred to police line. 12 

On 8 July 2004, one Md. Anil died at 

National Medical College and Hospital, 

where he was admitted in a critical 

condition. Md. Anil was arrested along 

with two others by the East Jadavpur 

police at Commint Park in Garia on 2 July 

2004 after they allegedly snatched Rs 500 

from a taxi driver. Local residents, alerted 

by the driver’s cries, reportedly caught 

them and handed over to the police. While 

police claimed that Anil was brought to the 

police station with serious injuries, local 

people attributed his death to torture in the 

lock-up. 13 

On 25 September 2004, an undertrial 

named Dulal Tarafdar died at the 

Krishnagar district jail. Police had arrested 

him on 22 September 2004 on the charges 

of smuggling hemp plants to Bangladesh. 

On 23 September 2004, he was remanded 

to judicial custody by the Tehatta court. 

The Krishnagar district jail authorities 

claimed that he had committed suicide 

inside the prison by hanging himself with 

a towel from the ceiling of his cell in the 

morning of 25 September 2004. But the 

villagers of Tarakgunj village alleged that 

he was tortured to death by the police. 14 

On 10 October 2004, Sampad 

Mukherjee, an undertrial, died under 

mysterious circumstances in his solitary 

cell in Presidency Jail in Kolkata. Sampad, 

his friend Arijit Pal, mother Manjusha and 

brother Jyotirmoy were arrested for 

alleged murder of Kuntal Sain, son of a 

businessman at Domurjala, Howrah on the 

night of 1 July 2004. Inspector-General of 

Police (law and order), Chayan Mukherjee 

said that there was no mark of injury on 

the body of the deceased and that the 

police did not have an idea about the cause 

of his death. The body has been sent for 

post mortem. Sampad was a patient of 

epilepsy and required regular medication. 

During a search of the cell, several strips 

of tablets, tubes of ointment, a plastic 

container full of white power and several 

prescriptions were reportedly found in the 

cell. The powder in the plastic container 

was a “surprise” because it was not 

mentioned in any of the prescriptions 

found, including that of the jail doctor. 15 

On 4 December 2004, Biswanath 

Mondal, a farmer of Shirsiklaibari village, 

Malda district was allegedly killed in cold 

blood by two Border Security Force 

personnel from the BSF Camp at 

Habibpur, Malda. He reportedly died due 

261


to the severe injuries sustained through 

repeated kicking and other similar 

physical abuse for his refusal to give 

money to the security personnel to buy 

alcohol. The Superintendent of Police of 

Malda registered a case; but BSF 

authorities denied any involvement of 

their soldiers and alleged that he died of 

heart attack. 16 

Tapan Manna was killed when the 

police resorted to open firing to disperse a 

mob at Dwarikapur in East Midnapore in 

the evening of 26 February 2004. The mob 

had gathered outside the house of the inlaws 

of Banibala Samanta who died of 

burns. Her family alleged that she was 

murdered. 17 

On 12 November 2004, Abhijnan 

Basu was allegedly burnt to death inside 

Presidency jail. The deceased was 

reportedly doused with diesel fuel and set 

on fire by officers of the Presidency jail 

allegedly for daring to protest against the 

quality and quantity of food provided to 

the prisoners. 18 


torture 

Torture in police custody of the 

suspects is routine for the West Bengal 

Police. The Border Security Force 

personnel have also been responsible for 

torture of suspects. 

Rajesh Gurung was allegedly severely 

beaten up in Coke Oven police lock-up in 

Durgapur and held in illegal detention 

throughout the night of 1 May 2004. 

Gurung and Piyali Sarkar had eloped on 

262 

the night of 27 April 2004 and got married 

in a court in Durgapur. On the same night, 

Piyali’s father Harisadhan lodged a 

complaint with the police alleging that his 

daughter had been abducted by Gurung. 

Gurung was admitted at Durgapur Subdivisional 

Hospital on 3 May 2004. 19 

On 5 May 2004, the West Bengal 

Human Rights Commission ordered an 

inquiry into the alleged police torture of 

Sushil Sharma, a Congress worker, who 

was arrested on 26 February 2004 in 

connection with a murder case. Sharma’s 

wife, Aparna, a commissioner of 

Behrampore municipality, alleged that her 

husband was tortured in custody. 20 

On the late night of 3 September 2004, 

Madhusudan Seth of Mamudpur village, 

Kalna in Bardhaman District was arrested 

by the Police of Manteswar Police Station 

under alleged false charges of domestic 

violence. Seth was arrested without 

issuing arrest memo. He was produced 

before the court of Sub Divisional Judicial 

Magistrate on 4 September. However, 

while in custody and being produced 

before the court, Seth was meted out illtreatment. 

While being arrested, he was 

wearing only an underwear but he was not 

allowed to change his cloth for two days 

on 4 and 5 September 2004. Moreover, the 

police paraded Seth in public merely 

wearing his undergarments for several 

hours to humiliate him. 21 


alleged drunken jawans of the India 

Reserve Battalion armed with hockey 

sticks and cricket bats brutally beat up


many residents of Bidhannagar 

Government Housing in Durgapur after 

the residents tried to resist their lewd 

behaviour towards the women. The jawans 

also allegedly pulled down the dais 

bringing the soiree to an end, smashed 

window panes of vehicles and allegedly 

molested the women. 22 On the morning of 

14 November 2004, some of the jawans 

again attacked residents at a local market. 

On 14 November 2004, five jawans were 

detained. Six more India Reserve Battalion 

jawans were arrested in the evening of 15 

November 2004. 23 

A bus driver of North Bengal State 

Transport Corporation (NBSTC), Bijoy 

Karmakar was allegedly beaten up by the 

security guard and the driver of West 

Bengal Civil Defence Minister Srikumar 

Mukherjee for not giving way to the VIP’s 

car on NH-34 near Kualdighi on the 

morning of 22 December 2004. Bijoy 

Karmakar said he could not immediately 

make way for the Minister’s Tata Sumo car 

due to the bad road. As the Tata Sumo car 

took over the bus, it stopped ahead of the 

bus. Then two men emerged from the car 

and beat up the bus driver with lathis in the 

presence of the Minister. The victim had to 

be admitted to health centre at Moulpur in 

the Old Malda police station area from 

where he was referred to the district 

hospital Malda. He reportedly could not 

walk and there was a crack in his shinbone. 

Karmakar, supported by 20 

passengers of the bus filed a complaint 

against the Minister and his men at the Old 

Malda police station. On the other hand, 

the CPI leader’s driver also filed a 

complaint against Karmakar at Gajole 

police station accusing him of reckless 

driving. However, eyewitnesses and bus 

passengers said that Karmakar was 

brutally beaten up for no fault of his. 24 

iii. Violence Against Women 

Violence against women by the law 

enforcement personnel is rampant in West 

Bengal. The highpoint of combating 

violence against women was sentencing of 

five constables of Reserve Forces of 

Kolkata Police to life imprisonment for 

murdering traffic sergeant Bapi Sen on 31 

December 2002. Bapi Sen, a young traffic 

sergeant, had been severely assaulted by 

the five constables when he tried to save a 

woman from being molested during New 

Year’s revelry on the night of 31 

December 2002. On 1 July 2004, the 

Kolkata city sessions court judge 

convicted the five constables identified as 

Sridam Bauri, Madhusudan Charkararty, 

Pijush Gaswami, Mujibur Rahman and 

Shekhar Mitra under IPC sec 302 (murder) 

read with section 34 (criminal act in 

furtherance of common intent). They were 

also fined Rs 10,000 each under section 

354 (assault on woman with intent to 

outrage her modesty) also read with 

section 34. In case of failure to pay the fine 

they would have to undergo six months 

rigorous imprisonment. 25 

Nonetheless, the women in West 

Bengal continued to be victims of violence 

including assault and rape by the Central 

and State security forces and the Railway 

263


Protection Forces. 

On the night of 25 March 2004, four 

BSF jawans allegedly gang raped two 

sisters, aged 17 and 20, after forcing their 

way into their hut in a border village in 

Malda district. According the victims’ 

mother who filed a complaint at Kaliachak 

police station on 26 March 2004, the BSF 

jawans from the nearby Golapganj border 

outpost had knocked on her door around 

10 pm on 25 March 2004 and asked for a 

glass of water. When she refused to open 

the door and asked them to go away, the 

men allegedly crossed the bamboo-fencing 

around the hut and broke open the door. 

While one of the jawans held the woman 

and her son at bay, the others gang raped 

her two daughters. 26 

At mid-night on 7 August 2004, a 

pregnant Dalit woman, Lilabati 

Chowdhury wife of Chhutka Chowdhury 

from Pakamati-Mohula village was 

allegedly tortured severely by a police 

patrol party of the Beharampore police 

station of Murshidabad. She was seven 

months pregnant. The police personnel 

had entered Lilabati’s mud house looking 

for her husband. Not finding her husband, 

Lilabati asked the police why were they 

being harassed when there was no 

complaint against them. This was enough 

to attract assault from the police. After the 

assault, Lilabati was admitted to the 

Baharampur Block Hospital in the 

Karnasubarna area. Thereafter, several 

policemen in uniform came to the hospital 

and warned Lilabati not to speak to 

anybody about the incident. No action was 

264 

taken against those responsible. 27 

On the night of 17 August 2004, a 30year-old 

woman was allegedly raped by a 

Railway Protection Force constable named 

Kapil Deorai inside a train compartment at 

the Hasnabad railway station. The victim 

along with her husband and three minor 

children boarded a train at Sealdah in 

Kolkata and reached Hasnabad, about 70 

km from Kolkata, at around 11 p.m. Since 

it was late night, the couple failed to find 

transport to go home at Bhaktinagar in 

Dulduli, 18 km away from Hasnabad. 

While they were resting at the platform 

two Railway Protection Force (RPF) 

constables Kapil and his accomplice 

approached the couple and “advised” them 

to wait in a train compartment as the 

“platform was not safe” for them. The 

couple obeyed them and went to sleep in a 

train compartment. Once the couple was 

inside the train compartment, the 

constables said they wanted to search 

them. While another constable held the 

husband and the children hostage in one 

compartment, Kapil raped the woman in 

another. After both constables fled from 

the scene, the couple lodged a complaint at 

the Government Railway Police (GRP) 

outpost at the station. Later they also 

informed Hasnabad police station, but the 

policemen there refused to entertain their 

complaint. On 18 August 2004, the 

Government Railway Police arrested 

Kapil from his Barasat house after 

incensed commuters held up trains for five 

hours at the railway station from 6.40 am. 

However, another accused constable who


held the victim’s husband and children 

hostage at the time of rape was not 

arrested, as according to Superintendent of 

Railway Police of Sealdah station, 

Nabarun Bhattacharya, “there are no 

specific complaints against any 

accomplice.” 28 

On the night of 9 September 2004, a 

25-year-old housewife (name withheld) 

was allegedly raped by constable Saumitra 

Chowdhury in Harwah Police Station 

barracks at Basirhat in North 24-Parganas. 

The victim was picked up by the accused 

in a mobile police jeep when she was 

returning home along with others around 

midnight after attending a quwwali 

programme. The medical report confirmed 

the rape of the 25-year-old housewife. 29 

Following protest and widespread 

agitation, the accused police constable was 

suspended and arrested. 30 

Police also refused to cooperate with 

women victims of violence. In December 

2003, a widow from Bosepara village in 

Khandaghosh, about 140 km from 

Kolkata, filed a rape case against Dhiraj 

Das, a health inspector at the 

Khandaghosh Block Health Centre, with 

the Burdwan Police Station but the police 

officials allegedly refused to register her 

case. The victim then approached the 

Chief Judicial Magistrate’s court in 

January 2004, and a case was registered at 

the Burdwan police station only after an 

order from the court. 31 

On 25 January 2004, a 22-year-old 

pregnant woman Lakshmi Sahani was 

allegedly assaulted by two men but the 

police at the New Jalpaiguri Police Station 

refused to lodge her complaint apparently 

because the alleged assailants Narayan 

Adhikari and Gopal Adhikari were close to 

a local influential leader of the Centre of 

Indian Trade Unions (CITU), the labour 

arm of the CPM. She was allegedly kicked 

repeatedly on her lower abdomen near the 

New Jalpaiguri station for supporting her 

father when he protested against a hole 

being dug on the ground dangerously close 

to an electric pole. On 27 March 2004, the 

State Human Rights Commission sought a 

detailed report from the Jalpaiguri 

Superintendent of Police on the case in 

response to a complaint from the victim. 32 

On 19 August 2004, two State Armed 

Police constables, Bimal Halder and Samir 

Saha were arrested on the charge of 

harassing and trying to molest two women 

in front of the United Bank of India’s Hill 

Cart Road branch around 11.30 pm on 18 

August 2004. 33 

III. Rights of the Child: Corporal 

Punishment 

On 6 February 2004, Calcutta High 

Court banned the practice of caning or 

beating students in schools in the state. 

Acting on a PIL, a division Bench 

reportedly directed the Director of School 

Education to issue a circular to all state 

schools prohibiting caning. The court 

held that while canning, which could lead 

to death, was still prevalent in the state, it 

is contrary to the Universal Declaration 

of Human Rights and in an age of 

scientific teaching, caning or beating 

265


caused mental trauma. 34 

However, the day the High Court 

delivered its jugdement, two students of 

class I - Sujan and Sadhan Das - of a 

primary school at Adisaptagram in 

Hooghly district were reportedly locked 

inside an iron chest as punishment for 

being inattentive in the class. The teacher, 

Chandan Ghosh first dragged the students 

into the office of the Principal, but not 

finding him in, he allegedly locked them in 

an iron chest and went home. When the 

school was about to close for the day, 

some employees heard sounds of loud 

sobbing coming from the chest, in which 

exercise books were usually stored. They 

broke the chest and rescued the school 

children! 35 

On 13 February 2004, six-year-old 

Ishani Bhattacharya, a student of Class I in 

Sunny Preparatory School in Behala was 

reportedly brutally canned by her teacher, 

Kasturi Ghosh for not obeying the order to 

‘put their heads down the table’. The 

punishment traumatised the little girl so 

much that she refused to go to school 

again. Her father, Pradip Bhattacharya 

reportedly filed a complaint with the 

Behala police station, but no action was 

taken. Kasturi Ghosh however denied the 

allegation stating that she was not present 

in the school and the school administrator 

R.K. Bharatiya backed the teacher. 

Ishani’s medical report, however, stated 

that she had suffered “haematoma” in two 

places on her back and an “overlying 

abrasion”. This, doctors said, was an 

injury that could only be caused by a 

266 

“stick-like” object. 36 

On 20 February 2004, 15-year-old 

Tanya Sarkar, a student of Class VIII of 

Vidya Niketan, a private Bengali-medium 

school in Thakurpukur, Kolkata was 

forced by her class teacher Sanjit Bose to 

perform 150 squats under the scorching 

sun as a punishment for talking in the 

class. Her friends were asked to keep the 

count. It was a hot day and after having 

finished performing about a hundred 

squats in the sun, she fainted. Once she 

regained consciousness, the school 

authorities informed her parents. She was 

taken to a local hospital. Her father Asit 

Sarkar said she suffered from dehydration. 

The humiliation she suffered in presence 

of the whole school also traumatized her. 

Later, on the same day, the parent of the 

victim lodged a police complaint against 

Sanjit Bose. 37 

On 10 July 2004, Minhajul Haque, a 

Class X student of a municipal high school 

in Burdwan, was reportedly beaten 

senseless by the Headmaster Madan 

Mohan Roy. Worst, the Headmaster forced 

the victim to kneel down for over an hour 

after he regained consciousness! He had to 

be hospitalized after the ordeal. Doctors 

said Minhajul’s injuries were serious. 

Minhajul Haque was reportedly punished 

for remaining absent from his classes for 

four consecutive days. When he resumed 

school on 10 July 2004 he reportedly 

brought a letter from his father, Ohidul, 

saying that he had taken ill. But the class 

teacher demanded a medical certificate 

from him. His father took his son to the


police station but the officer allegedly 

refused to register a complaint. 38 

On 22 September 2004, Purnima 

Manna and Rehana Khatun- both students 

of Class III in Bratachari Gram Junior 

Basic School in Thakurpukur- were 

allegedly punished by their teacher 

Chandrani Basu for being “naughty and 

talkative” by ordering them to clean the 

entire classroom. Later the two nine-yearold 

students were left locked inside their 

classroom after the school closed for the 

day. They, however, finally managed to 

return home by forcing open a window in 

the classroom. The victims’ parents lodged 

a police complaint with the Thakurpukur 

police station on 23 September 2004. 39 

IV. Attacks against human rights 

defenders 

Civil liberties organisations as well as 

the opposition political parties accuse the 

State Police of being hand-in-glove with 

the ruling Communist Party of India 

(Marxist). Human rights activists 

especially the members of the Association 

for Protection of Democratic Rights 

(APDR) have been facing serious 

repression from the State police. 

On the intervening night of 31 

December 2003 and 1 January 2004, 

Bablu Das, small vendor of spices and 

member of the APDR was picked up from 

his residence by the police personnel from 

the Jangipara Police Station. On 2 January 

2004, he was produced before the Sub 

Divisional Judicial Magistrate Court of 

Srirampur and charged under the case as of 

Ajit Bhar (Jangipara P.S. case No. 66 of 

2003 Under Sections 120B/ 121/122/123 

of Indian Penal Code). In 1998, some 

political goons in connivance with the 

police of the Jangipara Police Station had 

attacked several cultivators at Chhitbona 

village on the banks of the River Damodar 

and tried to evict them from their land. On 

behalf of those cultivators, Bablu Das filed 

a criminal case against some police 

officers of the Jangipara Police Station, 

who were allegedly involved in the attack, 

in the local magistrate court. He also filed 

a writ petition at the Calcutta High Court 

against those police officers, thereby 

annoying the police. 40 

On 17 February 2004, Ajit Bhar, who 

comes from a poor family in Rajbalhat 

village of Hoogly District and a weaver by 

profession and member of the APDR was 

arrested by Tapas Brati Chakraborty, the 

officer in charge of the Jangipara Police 

Station. In September 2003, two unknown 

women came to meet Ajit Bhar and asked 

him to help them for their medical 

treatment. Ajit Bhar referred them to a 

nearby doctor. On 17 February 2004, some 

policemen came to Ajit Bhar’s house and 

asked him to report to the police station at 

once. When he went to the police station, 

Tapas Brati Chakraborty allegedly abused 

Ajit Bhar in filthy language and asked why 

he was attached with the APDR and why 

was he involved in campaigning against 

bride-burning cases. Chakraborty then 

asked him to give the names of the two 

women who had come to meet him in 

September 2003. Ajit Bhar replied that 

267


since it was an old case he did not 

remember the names. Then the police 

arrested Ajit Bhar immediately on grounds 

of having some connection with the 

Naxalites and charged him under sections 

120B/121/122/123 of the Indian Penal 

Code. He was arrested as a co-accused in 

crime No. 66 of 2003, for allegedly 

committing various offences against the 

state. 41 

At about 4:30 pm on 21 August 2004, 

some human rights defenders of the APDR 

had assembled for a peaceful streetmeeting 

against state-repression at the 

Jangipara Bus stand in Hoogly. A group of 

50 to 60 people carrying red flags with 

emblems of a sickle and star, reportedly 

led by local leaders of the Communist 

Party of India (Marxists), approached and 

attacked the human rights activists during 

the meeting. The attackers kicked the 

human rights defenders, used lathis (long 

bamboo sticks) to beat them, and verbally 

abused and threatened them. When 

members of the ADPR went to the nearby 

Jangipara Police Station (located 50 

meters away) to seek assistance, the 

attackers also went to the police station, 

set up a blockade preventing the human 

rights defenders from leaving the station 

and continued to threaten them verbally. 

Police did not stop the attack despite their 

close proximity and did not assist the 

victims at the police station. After several 

hours, the attackers dispersed and only 

then did the police provide an escort 

vehicle to the victims. Some members of 

the ADPR sustained serious injuries but a 

268 

local doctor, who was called to treat them, 

was too afraid to help them. Later they 

were treated at a local hospital. Those 

injured include Sujato Bhadra, Amitadyuti 

Kumar, Sanjib Acharya, Bapi Dasgupta, 

Shankar Nandy, Sukumar Tiwari, Tushar 

Chakraborty, Bapi Das Gupta, Pradip 

Banerjee, Amal Roy, Gautam Munshi and 

other local activists. 42 

V. Impunity 

Consistent follow up by victims, their 

relatives and human rights defenders made 

progress for establishment of 

accountability in a few cases. 

In February 2004, the Central Bureau 

of Investigation reportedly filed chargesheets 

in the court of the Siliguri subdivisional 

judicial magistrate against two 

police officers, Prodyut Kumar Das and 

Ramchandra Singh in the custodial death 

case of one Pinter Yadav, a resident of 

Phatapukur village located on the outskirts 

of Siliguri in May 1999. There were in 

charge of Siliguri police station and 

Pradhanagar police outpost respectively. 

The CBI investigations reportedly found 

them guilty of beating Pinter Yadav to 

death inside the Pradhanagar police lockup. 

On 5 May 1999, Pinter Yadav and his 

cousin Manjit Gowala had gone to Siliguri 

to see a film. They were arrested by two 

plainclothes policemen on suspicion of 

being thieves and taken to the Pradhanagar 

police outpost and confined in the lock-up. 

Prodyut Kumar Das and Ramchandra 

Singh allegedly brutally thrashed them. 

Pinter Yadav was brutally tortured and left


bleeding profusely inside the lock-up. He 

was later admitted to the Siliguri subdivisional 

hospital, where he died. S.K. 

Lahiri, who conducted the autopsy on the 

boy, said he had a cyst in his liver and died 

owing to liver rupture. The Calcutta High 

Court handed over the custodial death case 

to the CBI in October 1999 following a 

PIL filed by Tapash Chakrabarty on behalf 

of the Siliguri Chapter of the Association 

for Protection of Human Rights. On 30 

October 2001, the CBI had registered a 

case (no. RC 38/2001) against the two 

police officers. 43 

Most custodial deaths go unpunished. 

In April 2004, acting on directions of the 

National Human Rights Commission 

(NHRC), the West Bengal government has 

reportedly paid compensation of Rs 1 lakh 

each to next of kin of two under trials who 

died of suffocation in an overcrowded 

court lock-up in Malda on 3 August 2002. 44 

But there was no reference for prosecution 

for such criminal dereliction of duty. 

Those who attempt to seek justice 

face threat from the law enforcement 

personnel. On 4 September 2004, 11 

policemen including the Additional 

Superintendent of Police of Durgapur 

were charge-sheeted by the State Criminal 

Investigation Department in connection 

with the disappearance of one Partha 

Mazumdar of North 24-Parganas in 1997. 

In its report of 31 March 2000, West 

Bengal State Human Rights concluded 

that “It is thus evident and clear that 

Partha Majumdar was arrested by police 

and detained in the Habra Police Station 

and in the name of Lakshman Giri, he was 

treated in hospital wherefrom he was 

discharged on 6 September 1997 evening 

and taken away by Arabinda Kushari to 

Barasat Police Station and since then 

Partha Majumdar is missing from police 

custody.” The WBHRC also 

recommended to the West Bengal 

Government to instruct the Criminal 

Investigation Department (CID) to initiate 

a case against those responsible for 

Suresh’s death and Partha’s 

disappearance, as “the police version of 

the encounter does not exactly correspond 

with the way things happened on the 

fateful day”. The family members 

pursuing the case have been facing 

intimidation and harassment. On 11 July 

2004, the mother and sister of the victim 

met with a road accident and both of them 

have sustained severe injuries. The sister 

required a major knee surgery and was 

hospitalized at R G Kar Medical College 

and Hospital until 29 July 2004. The 

family members alleged that the accident 

was an organised attempt on their lives by 

the accused police officers. 45 

Judicial delay contributes to denial of 

justice. It took over 10 years for the 

judiciary to order that the prosecution of 

the guilty policemen did not require the 

permission of the government. Additional 

Superintendent of Police, Harman Preet 

Singh and three other cops were found 

guilty of abduction and torturing to death 

of 37-year-old mill worker Bhikhari 

Paswan of Victoria Jute Mill in Kolkata. 

The Kolkata High Court held on 29 July 

269


2004 that kidnapping was not part of his 

official duties as a police officer. On the 

midnight of 30 October 1993, Bhikhari 

Paswan was allegedly dragged away from 

his home in front of his family and 

neighbours by the then Additional 

Superintendent of Police, Harman Preet 

Singh and three other cops. He was never 

found since then. The Association for 

Protection of Democratic Rights and the 

victim’s father Lakhichand Paswan filed 

the petition. Tragically, the victim’s father 

Lakhichand Paswan, a chief witness in the 

case, died on 29 July 2004 after struggling 

to obtain justice for so long. He went to a 

coma since shortly before the court gave 

its decision. 46 

VI. Atrocities by the armed 


The Naxalites have also been 

responsible for serious violations of 

humanitarian laws. 

On the night of 4 December 2004, the 

cadres of the Naxalites armed with guns, 

spears and sharp weapons descended on 

the house of Banamali Mura, Secretary of 

the CPM’s Kankrajhore branch committee, 

and severely thrashed him, Kailash Mura, 

member of the Belpahari Panchayat 

Samiti, and other CPM supporters. The 

Naxalites also torched three vehicles used 

for road construction and blew up three 

forest bungalows, about 240 km from 

Calcutta, in West Midnapore. Kailash had 

brought into focus “starvation” deaths in 

neighbouring Amlashol, which 

embarrassed the government and left the 

270 

CPM red-faced. 47 

On 14 January 2004, Jharkhand Party 

(Naren Hansda) worker Kamal Mahato 

was killed by the Naxalites allegedly 

belonging to the Maoist Communist 

Centre (MCC) in Laljal village in West 

Midnapore. The victim, his family 

members including wife Namita and a 

few neighbors were reportedly sitting 

near a bonfire in front of his house when 

about forty armed Naxalites suddenly 

surrounded them. Kamal Mahato was 

allegedly dragged out of the huddle at 

gunpoint, and beheaded with a heavy 

chopper after forcibly pinning him to the 

floor. When a relative of his tried to 

prevent this, the Naxalites allegedly 

broke his legs too. According to police, 

Kamal was brutally executed on charge of 

being a police informer. 48 

On 13 March 2004, armed groups, 

suspected to be members of the Kamtapur 

Liberation Organisation killed two innocent 

villagers of Banglarjhar, a small rural 

settlement around 12 km from Mainaguri 

town, in Jaipalguri district. At around 8.45 

pm, a group of six members of armed 

opposition groups drove into the village on 

two motorcycles, and opened 

indiscriminate firing killing Bishnupada 

Das, a shopkeeper, and Deepak Sarkar and 

injuring Nitaipada Das, father of 

Bishnupada, Nandalal Sarkar, Prakash 

Sarkar and Krishna Sarkar. Prakash was 

removed to North Bengal Medical College 

and Hospital in Siliguri while the others 

were being treated at Jalpaiguri Hospital. 

Police suspected a KLO group led by


Mrinal Roy behind the attack. 49 

VII. Duars to Amlasole: Faces of 

poverty in West Bengal 

While the Left Front government 

boasts that during its 27-year rule, it could 

lift 33 per cent people above the poverty 

line from 60 per cent in 1977 to 27 percent 

in 2000, 50 obviously the programmes failed 

to touch the people who needed it most - 

the Adivasis, indigenous peoples. Whether 

it is in Amlasole or Duars of North Bengal, 

the victims are indigenous peoples who 

are in the lowest ladder of the social and 

economic set-up. 

i. Starvation deaths in Amlasole 

It was not until the reports of starvation 

deaths of Adivasis in Amlasole captured the 

headlines in national dailies that Chief 

Minister Buddhadeb Bhattacharjee 

admitted in the state Assembly on 8 July 

2004 that starvation and poverty existed in 

tribal-dominated pockets of Amlasole in 

West Midnapore district. The State 

government however consistently denied 

the starvation deaths in the tea plantations 

in Duars of North Bengal. 

Amlasole under Belpahari bloc of 

West Midnapore inhabited by Adivasis had 

only one well supplying drinking water. 

There is no motorable road. The nearest 

hospital is 40 kilometers away. Among the 

tribals, the Munda families owned some 

land, though without any irrigation 

facility. The plight of the Sabars was the 

worst. Their only source of income was by 

selling kendu leaves and making beedis. 51 

After the government banned individual 

sale and formed various co-operative 

organisations of tribals to collect kendu 

leaves and sell them in the market, 

situation of many poor families became 

miserable. 52 

The deaths of six children- all between 

one and four years of age- that made the 

news headlines, have a similar story. 

In absence of any government doctor 

or health centre, Indra Singh took her 4year-old 

ailing daughter, Deepali Singh, to 

Tudu Mura, a quack in Amlasole, who 

recommended some “jungle plant juice”. It 

did not work. A few days after Deepali 

began showing symptoms of jaundice. Her 

father then took her to another quack at 

Ghatshila in Jharkhand, 22 km away from 

Kankrajhore, by hiring the only jeep of the 

village for Rs 600. The quack treated 

Deepali for Rs 350 and recommended that 

she be brought back home. Deepali died 

on 26 May 2004. 53 

One Mahenti Mura, brother of 

Banamali Mura, the CPM Panchayat 

Pradhan of Kankrajhore village, lost his 

three-year-old daughter Lakshmi. She had 

fever and showed symptoms of jaundice. 

Like others, Mahenti too took his daughter 

to a quack in Silda, about 40 km from 

Kankrajhore, and on the way back got her 

blood sample tested at the Belpahari 

government primary health centre. Though 

the blood test showed nothing wrong, the 

sickness continued forcing the family to 

then go to a “registered medical 

practitioner” at Ghotidoba, 10 km away in 

Jharkhand. Within the next couple of days, 

271


Lakshmi died. 54 

On 22 June 2004, the West Bengal 

State Human Rights Commission directed 

the District Magistrate to prepare a 

detailed report on the alleged starvation 

deaths at Amlasole. 55 Although starvation 

is endemic in most tribal areas of West 

Bengal, none of the residents of Amlasole 

had the Below Poverty Line (BPL) ration 

cards. 56 This explains much of the failure 

of the governmental programmes. 

ii. Starvation in Duars 

A number of tea plantations in North 

Bengal have been closed down since mid 

2002. In the Duars region of Jalpaiguri 

district alone, there were 20 such 

abandoned plantations in late 2003, which 

affected more than 30,000 workers and 

their families. Many owners abandoned 

their gardens with connivance of local 

administration and trade unions. When 

labourers and families starved, neither the 

government nor the unions provided 

succour. These despite that they ran 

several relief and anti-poverty schemes 

worth crores of rupees. 57 

Since some food forms part of the 

wage basket in most tea plantations, the 

abandonment by the management meant 

that there was no food provision for the 

workers. The closure of the plantations 

also meant the withdrawal of electricity 

supply, denying workers access to 

common water tanks and forcing them to 

fetch drinking water from nearby streams, 

which were polluted by waste from cement 

factories in Bhutan. Many workers in this 

272 

area have not been facing only starvation 

but also significant increase in water-borne 

diseases. 58 

On 16 January 2004, the Supreme 

Court instructed the State government to 

file an affidavit in this regards. In its 

affidavit on 29 January 2004, the State 

government informed that there has been 

no death due to malnutrition or starvation 

in the tea gardens. On 16 January 2004, 

however, the Coordination Committee of 

Tea Plantation Workers, an apex body of 

trade unions, submitted a memorandum to 

the chief minister Buddhadeb 

Bhattacharjee clearly stating that deaths 

due to malnutrition and starvation were on 

the rise. 59 The West Bengal Human 

Development Report 2004 also reported, 

“There has been an alarming increase in 

death among workers’ households after 

July 2002, when most of these plantations 

closed. Most of these have been of young 

children and women in childbirth”. 60 

Around 400 labourers have already died of 

starvation in Kanthalguri due to the 

shutting down of the tea estate between 

July 2002 and February 2004. 61 

The West Bengal Human 

Development Report 2004 also stated that 

“In other plantations which have not yet 

closed, there are reports of retrenching of 

workers, delayed payment of wages and 

mounting provident funds and gratuity 

dues. Women workers, who form the bulk 

of permanent workers in these tea estates 

because of their role as pluckers, are the 

worst affected. They increasingly face not 

only poverty and possible starvation, but


also other forms of exploitation (emphasis 

ours)”. 62 

Other forms of exploitation are all 

pervasive in tea plantations which have 

been closed down. Women labourers of the 

Kanthalguri tea estate have reportedly 

resorted to prostitution as the only way out 

of stark poverty. Having sold its leaves, its 

trees for firewood, and even the furniture, 

doors and windowpanes of the manager’s 

bungalow, they have been virtually left 

with nothing to earn from. A 25-year-old 

gardener-turned-prostitute Ratia Oraon 

(name changed), remarked, “There is 

nothing left now, so we have taken to this 

profession. It is better than seeing my little 

brother die without eating.” Her main 

customers come from Chamurchi, 

Haldibari, Mahabir tea estates, 

neighbouring gardens of Kanthalguri tea 

estate where she belongs. She was 

reportedly paid Rs 30 for an hour of 

service to a client. 63 

The state government attempted to 

start developmental schemes in the estates 

only after being prodded by the Supreme 

Court more than a year after the gardens 

stopped operations. 64 On 22 June 2004, 

State Human Rights Commission sought a 

report from the State Government on what 

measures it proposed to initiate to check 

poverty-related deaths reported from the 

tea gardens of North Bengal. As starvation 

engulfed, the oldest profession, 

prostitution turned out to be the last 

recourse for many of the victims. ■ 

273


274

Chapter28 

Freedom of the press 

While the government of India generally respected freedom 

of speech and expression guaranteed under the 

constitution of India, the State governments, political 

party activists and various armed opposition groups often violated 

this right. At least one journalist was killed by the armed opposition 

group Maoist Communist Centre in Bihar, while many faced 

physical violence from the political party activists, police, and the 

armed opposition groups. 

The press in Tamil Nadu faced systematic assault from the State 

government in 2002 and 2003. On 18 May 2004, Tamil Nadu Chief 

Minister, Jayalalithaa announced her government’s decision to 

withdraw all the defamation cases brought by the Government 

against the media, including those against The Hindu, which figured 

in the Tamil Nadu Legislative Assembly in November 2003. 1 On 30 

August 2004, the Tamil Nadu government told the Additional 

Sessions Court in Chennai that it had issued an order dropping two 

of the 20 defamation cases filed against The Hindu. One case related 

to a news item published on 2 December 2002 with the heading 

“Security cordon for Chief Minister throws IT interviews out of 

gear” while the second published a day later pertained to the 

replacement of state Chief Secretary Suganeswar by Lakshmi 

Pranesh. 2 On 17 September 2004, Tamil Nadu government filed an 

affidavit in the Supreme Court, along with a copy of the 

“Government Order” issuing directions for withdrawal of all the 125 

defamation cases against The Hindu and other newspapers and 

magazines pending before the Additional Sessions Court, Chennai 

and the Madras High Court. 3

INDIA HUMAN RIGHTS REPORT 2005 Freedom of the press 

In July 2004, the State government of 

Manipur imposed censorship on the local 

cable network news after it showed the 

footage of the demonstration of Meira 

Paibis, women activists, who stripped 

themselves in front of the Assam Rifles 

headquarters on 15 July 2004 to protest 

against the killing of Manorama Devi. 

The journalists also faced violent 

attacks from the police and other law 

enforcement personnel while covering 

events and collecting news. 

On 23 July 2004, Thiyam Ranjan 

Singh, a senior reporter of vernacular daily 

Sanaleibak was allegedly assaulted by 

personnel of Manipur Rifles and State 

police at his residence at Keishampat 

Leimajam Leikai. The security forces 

knocked at the door of Ranjan’s house and 

assaulted him by kicking with boots and 

hitting with gun butts in spite of identifying 

himself as a media person by producing his 

press identity card. The reporter sustained 

head injuries and had to be hospitalized. 

Following protests, three riflemen of 2nd 

Battalion Manipur Rifles- Kh Kesho Singh 

(Rfn No 09941018), M Tomba Singh (Rfn 

No 09981201) Yamtong Haokip (Rfn No 

23039), and a State police constable 

identified as Md Azad Khan were 

reportedly suspended on 23 July 2004. 4 

On 17 April 2004, Assam Police 

personnel forced many people including 

women and journalist, Kunja Mohan Roy 

to kneel down for half an hour by the side 

of the road during a check near the 

Guwahati Commerce College. The police 

were reportedly searching for the ULFA 

276 

cadres. 5 On 18 April 2004, Chief Minister 

Tarun Gogoi reportedly ordered a probe 

into the incident headed by Additional 

Chief Secretary S. Kabilan.6 

On 13 May 2004, over a dozen 

journalists were injured in the assault by 

the police at a vote counting center in the 

government polytechnic institute at 

Gandhinagar and at Bikram Chowk, in 

Jammu. Police reportedly lathicharged and 

brutally assaulted female scribes at 

polytechnic institute. When scribes 

blocked the road at Bikram Chowk 

protesting the assault on the female 

scribes, the police resorted to lathicharge. 

At least three journalists had to be shifted 

to Government medical college hospital 

for treatment. 7 

At least 10 persons including the 

correspondent of Assamese daily Dainik 

Janambhumi based at Jamugurihat, Golap 

Kalita and his wife Anjali Kalita, were 

seriously injured when a group of Assam 

Police Black Panther commandoes 

attacked the innocent public of 

Karchantola area in Sonitpur district of 

Assam on 27 June 2004 night at around 

8.30 pm. The Assam Police personnel in 

civil dress took country liquor at a local 

hotel of Karchantola Centre after which 

they quarreled with businessmen. Two 

cases have been registered on the basis of 

the FIR lodged by Babul Borah and Golap 

Kalita at Jamuguri Police Station and the 

District Collector of Sonitpur, LS 

Changsan has also ordered a magisterial 

probe into the incident headed by Unnat 

Baruah, SDO (Sadar), Tezpur. 8


The Assam government continued to 

deny academic freedom. On 14 November 

2004, Japanese research fellow Makiko 

Mimura was stopped from presenting her 

research paper on Nellie massacre of 1983 

at a seminar organized in Guwahati. 9 


Star News cameraman and Government 

accredited journalist Sharad Kapoor was 

illegally detained by the police at the TT 

Nagar police station in Bhopal, Madhya 

Pradesh after he was picked up from his 

house without any arrest warrant. The 

police suspected him of stealing police 

wireless set at Panchseel Nagar, where a 

police party reached to sort out a group 

clash, where the journalist was also 

allegedly involved. The police allegedly 

manhandled female members of Sharad 

Kapoor’s family at the time of arrest. 

When Star TV bureau chief Deshdeep 

Saxena reached at the police station to 

seek bail, Saxena was allegedly threatened 

of dire consequences. Police refused to 

give Kapoor bail although the sections 

against him were bailable. When Kapoor 

sought to lodge a complaint against 

manhandling of female members of his 

family, he was threatened to be booked 

under charges of robbery. Later on, a 

representation made to the Chief Minister 

Babulal Gaur by senior scribes including 

Hindustan correspondent Dinesh Gupta, 

Sahara Correspondent Sanjeev Shrivastav 

and India TV Correspondent Anurag 

Updhyay. The Chief Minister ordered a 

probe into the incident. 10 

Political activists also continued their 

attacks on the media. 

On 28 August 2004, Nikhil Wagle, 

editor of a Marathi daily, Mahanagar, and 

two other journalists- Yuvraj Mohite and 

Pramod Nigudkar, were attacked by 

alleged members of Shiv Sena at Malvan 

in Sindhudurg district. An attempt was 

made to blacken the editor’s face and all 

the three journalists were beaten him. 

They were reportedly badly injured in the 

attack. On 24 August 2004, Sajid Rashid, 

editor of the Hindi daily, Hamara 

Mahanagar, was stabbed near his office 

by two persons. He had to be admitted in a 

hospital. Mr. Rashid is a member of 

Muslims for Secular Democracy that has 

been demanding an end to the practice of 

triple ‘talaq.’ 11 

On 12 November 2004, Anal Abedin, 

a reporter of Anandabazar Patrika, a 

leading daily newspaper in West Bengal 

was attacked by masked attackers. They 

attacked his wife Tandra Abedin and two 

year old daughter. When Tandra Abedin 

managed to grab one of the attackers and 

exposed his face, she saw that he was 

Akbar Kabir alias Babul Kabir, the exchairman 

of Berhampur Municipality. As 

the leader was recognized, the attackers 

ran away immediately. On 13 November 

2004, the Berhampore Police arrested 15 

out of 30 suspects including Mr. Akbar 

Kabir, out of 30 suspects. They were 

subsequently produced before the Sub 

Divisional Judicial Magistrate (SDJM) 

Court, Beharampore on the charges of 

attempt to murder, use of arms and 

weapons, molestation, illegal gathering 

277


and illegal house trespass. But all of them 

were released on bail immediately 

although they were arrested under nonbailable 

charges. The culprits were 

granted bail because the police failed to 

produce important records before the 

magistrate including the medical report, 

case diary and seizure report. The public 

prosecutor who was supposed to oppose 

the bail application was also absent which 

resulted in the perpetrators bail 

applications going unopposed. 12 

Lawyers at the metropolitan 

magistrates’ court in Ahmedabad, Gujarat 

assaulted television crews and other 

members of the media on the evening of 

29 January 2004. At least four 

mediapersons were seriously injured, and 

the irate mob of lawyers even burnt a Zee 

TV camera within the court premises. The 

lawyers were protesting against Zee TV’s 

exposure of the metropolitan magistrate of 

Court No. 10 of Meghaninagar, Brahm 

Bhatt, who had issued the bailable 

warrants against President A.P.J. Abdul 

Kalam, Chief Justice V. N. Khare, 

Supreme Court judge B.P. Singh and 

former Supreme Court Bar Association 

president R.K. Jain. Around 60 lawyers 

attacked Zee News cameramen Subodh 

Vyas and correspondent Janak Dave, Aaj 

Tak correspondent Rajiv Patel and 

cameramen Quasar Khan. All of them 

were beaten and their clothes torn. An FIR 

has been filed at Meghaninagar police 

against the lawyers for attacking the 

mediapersons. 13 

The Assam Police in Lakhimpur area 

278 

harassed the journalists in connection with 

the news of death of five ULFA cadres in 

an encounter with the Army on 29 October 

2004 near Laluk in the district. On the 

pretext of a discussion, the Lakhimpur 

Superintendent of Police had invited the 

journalists for a meeting, but later started 

using intimidatory tactics to know the 

source behind the news items published in 

their respective newspapers. 14 


also responsible for silencing the right to 

freedom of expression. 

The alleged cadres of the Maoist 

Communist Centre (MCC) shot dead 

Naveen Kumar Verma, a local journalist of 

Patna-based Hindi daily Dainik Jagran in 

Gaya district of Bihar on 24 April 2004. 

Verma was reportedly abducted from his 

residence at Nima village under Amas 

police station and shot dead from point 

blank range in a nearby field. 15 

The Maoist Communist Centre 

(MCC) reportedly issued summons to nine 

Bakaro-based journalists for allegedly 

writing anti-MCC articles during the 

April-May 2004 Lok Sabha election. In a 

press release issued by MCC north zonal 

secretary Arun Kumar, the scribes have 

been asked to argue their cases before a 

Jan Adalat. 16 

On 3 May 2004, eight persons 

including a photojournalist Habibullah 

Naqash were reportedly injured in a 

grenade explosion at Press Enclave Pratap 

Park in Srinagar of Jammu and Kashmir. 

The grenade exploded outside the 

residential quarter of journalist turned


politician (PDP candidate for Baramulla- 

Kupwara Lok Sabha constituency) Nizamu-Din 

Bhat. 17 

On 25 April 2004, armed opposition 

groups’ members reportedly hurled a 

grenade at a PDP election rally minutes 

after party chief Mehbooba Mufti left the 

venue, killing three persons and injuring 

seven at Khool-Noorabad in Anantnag 

district. Ten persons, including NDTV 

cameraman S. Tariq, were reportedly 

injured in the blast, of which three of them 

later succumbed to their injuries. 18 

At around 7.30 pm on 22 November 

2004, unidentified persons allegedly 

hurled a grenade inside the office of an 

Urdu newspaper Tameel-e-Irshad and its 

sister news agency KPS, located on the 

first floor of a building at Lambert Lane- 

Regal Chowk in Srinagar. Two employees 

of the newspaper were injured in the 

attack. 19 

■ 

279


280

Chapter29 

Religious Minorities 

Violence against religious minorities continued to be reported 

from Madhya Pradesh, Kerela, Rajasthan, Orissa and Andhra 

Pradesh. The victims are mainly the Adivasis, indigenous 

peoples who are the target of conversion and reconversion. 

Reconversion of the indigenous/tribals peoples from 

Christianity to Hinduism under Ghar Vapsi (Home Coming) 

programme of the Vishwa Hindu Prishad, Rushikul Seva Trust, 

Bharat Vikash Parishad (VHP), Vanavasi Kalyan Ashram and 

Adivasi Suraksha Samiti continues. 

Around 212 tribals who had embraced Christianity from two 

western Orissa districts of Jharsuguda and Sundergarh were 

reportedly re-converted to Hinduism at a specially arranged function 

in Jharsuguda town on 4 March 2004 in a two-hour ceremony. The 

ceremony was presided over by Bharatiya Janata Party leader Dilip 

Singh Judeo, who reportedly washed and wiped the feet of the tribal 

men, women and children with Ganga jal (water of Hindu holy river 

Ganges) symbolizing their back home to Hinduism. 1 On 19 

September 2004, the Orissa units of the VHP and Bajrang Dal 

reconverted 75 Christian tribals into Hinduism at a Ghara Bahuda 

(home coming) ceremony at Sarad under Udala sub-division of 

Mayurbhanj district. The converts belonged to 35 tribal families and 

included 36 women. 2 On 17 October 2004, about 85 Christian tribal 

families comprising 336 members were reconverted to Hinduism at 

a function organized by the VHP at Birda village in Sundergarh 

district of Orissa. The reconversion included 114 men, 117 women 

and 75 minor children, hailing from 11 villages of seven gram

INDIA HUMAN RIGHTS REPORT 2005 Religious Minorities 

Panchayats spreading over three blocks - 

Gurundia, Lathikata and Subdega. 3 

Unidentified masked miscreants 

attacked the Roman Catholic Church at 

Kudu under the Kuddu Police Station in 

Lohardaga district of Jharkhand on the 

night of 22 August 2004. Two of its 

priests, father John Sundar and father 

Albanus Tirkey were seriously injured 

when they resisted the attack. The same 

church that housed 150-odd students, 

teachers, staff and priests was also 

reportedly attacked by unidentified men 

on 9 June 2004. 4 

On 10 February 2004, at least nine 

persons, including seven women, were 

allegedly tonsured and beaten up at 

Khilipala village, in Orissa’s coastal 

district of Jagatsinghpur, for attending the 

church on 8 February 2004. Of 250 

families of Khilipala, about 20 are 

Christians. 5 While rightwing Hindu 

fundamentalists always maintained grudge 

against them, they reportedly invited the 

anger when they went to church to pray on 

8 February, Sunday. Subsequently, a 

pastor, Subhas Samal, was allegedly 

attacked at his home. Apprehending 

trouble, some 10 Christian villagers 

reportedly fled the village on 9 February. 

On 10 February 2004, the victims alleged, 

some of the villagers forcibly entered their 

houses in search of the male members, but 

unable to find them, they tonsured the 

women in the houses in the presence of the 

villagers in broad daylight. The victims 

were identified as Dolly Bhoi, Sanjukta 

Kandi, Shanti Kandi, Sumitra Kandi, 

282 

Umitra Kandi, Nisha Samal, Nayana 

Samal, Subhas Samal (pastor) and 

Golakha Rout. Kandi, who bore the brunt 

of the brutal communal attack, alleged that 

two people held her hands while she was 

stripped before being tonsured. 6 A case 

was reportedly registered and some 

alleged accused were arrested. 7 

A crowd of over 300 people attacked 

and ransacked a Catholic Church in the 

Raikia town in Phulbani district of Orissa 

on 27 August 2004. 8 On 28 August 2004, 

police arrested 12 persons. 9 

On 5 November 2004, in the Bejai 

church, the Tabernacle was opened and 

hosts were strewn, monstrance stolen and 

other religious vessels were tested whether 

silver or gold and money stolen. 10 

A group of five miscreants shouting 

pro-BJP slogans allegedly attacked two 

nuns- Sister Sirolina and Sister Rose 

Merlyn of the Missionaries of Charity at 

West Hill in Kozhikode and their driver 

Saji when they came to a Harijan colony 

near Pantheerankave in Kozhikode district 

in Kerala to distribute food around noon 

on 25 September 2004. Sister Sirolina 

reportedly suffered head injuries. Hearing 

the news, a second group of the 

Missionaries of Charity consisting of 

Mother Superior, Sister Kusumam of the 

Vellimadukunnu centre, Brother Superior 

Varghese of Mercy Home, Brother 

Varghese, Sister Shalot, Kenyan 

missionary Bernard and driver Anto 

arrived at the spot. They were allegedly 

attacked by a mob of over 30 persons. 

Mother Superior, Sister Kusumam


reportedly suffered head injuries. Sister 

Shalot alleged that the attackers tried to 

drag her and Mother Kusumam out of the 

vehicle. Five of the injured had to be 

admitted in a private hospital in 

Kozhikode. 11 On 26 September 2004, the 

police rounded up 15 activists of the RSS 

for questioning in connection with the two 

attacks. 12 

On 12 September 2004, heavy 

security arrangements foiled the attempt of 

the VHP to demolish the tomb of Afzal 

Khan, a 17th century Mughal governor, at 

Panchwad, about 65 km from Pratapgarh 

Fort in Satara district of Maharashtra. The 

police arrested nearly 500 VHP activists, 

and seized 13 vehicles carrying them to 

Pratapgarh. 13 

Madhya Pradesh has also been at the 

center of religious intolerance. On 30 

December 2003, a group of Christian girls 

who were participating in a bible quiz 

competition were allegedly stoned and 

humiliated near their prayer house at 

village Antervalia in Jhabua district, 

Madhya Pradesh by some members of the 

local Hindu fundamentalist organisations. 

The mob also burnt the jeep used by the 

girls to reach village Antervalia. However, 

no action has been taken against any of the 

accused. On the same day, another group 

of Hindu fundamentalists burnt the homes 

of Lal Singh Bhuria and another Christian 

resident in village Antervalia. Instead of 

punishing the culprits, the police arrested 

Lal Singh Bhuria. On 31 December 2003, 

a mob allegedly humiliated the members 

of the local Christian community at village 

Gadauli Toli in Jhabua district. 14 

Atrocities against the Christians was 

allegedly perpetrated following the 

recovery of the dead body of a ten-yearold 

girl identified as Sujata, daughter of 

Panchhilal Saket15 on 11 January 2004 on 

the premises of a Catholic Mission 

compound in Jhabua town, Madhya 

Pradesh. It was suspected that she was 

raped and murdered. On 14 January 2004, 

a group of Hindu fundamentalists 

trespassed into the Catholic Mission 

compound and beat up the principal, father 

John Sunny, father John Kennedy and 

father Arogya Swami. They also damaged 

the motorcycle and jeep of the Principal. 

Later police arrested the principal and 

about six other priests. A Catholic Priest 

and a deputy ranger KC Mal, also a 

Christian, were also allegedly beaten up by 

a mob of Hindu fundamentalists on 14 

January 2004. 16 

On 16 January 2004, a few sadhvis 

from Gujarat led by Krishna Behn went to 

the village of Amkut, 60 km from Jhabua, 

and allegedly trespassed into the CNI 

mission, as a policeman stood guard 

outside. They entered into classrooms 

where examinations were being 

conducted and tore down posters of Jesus, 

and vilified the students. The Christians 

reportedly retaliated by pelting stones on 

those in the procession, forcing the 

Sadhvis to flee. When news of the 

retaliation reached the nearby town of 

Alirajpur, several vehicles carrying armed 

men led by Alirajpur MLA Nagar Singh 

rushed to the village in the afternoon. But 

283


the Bhil converts ambushed one of them 

outside the village of Punniawat, 3 km 

from Amjut. Several men inside the 

vehicle were injured and one of them died. 

Following this, a mob comprising mainly 

of Sewa Bharti, VHP and BJP men 

attacked churches and Christian homes in 

Alirajpur. Though the CNI church campus 

is only 100 yards away from the police 

station, the police did nothing to prevent 

the attack. 17 The then Chief Minister Uma 

Bharati termed the violence as a law and 

order problem. The administration 

allegedly tried to shield the Hindu 

rioters. 18 The 12 persons arrested so far 

include the head of the mission Theophile 

Stephen, two of the female teachers, and a 

priest for being part of the mob that pelted 

stones at the sadhvis. 19 In an interview to 

the Indian Express, Chief Minister Uma 

Bharati claimed, “There has been no 

attack on any church. Jhabua ...was a 

simple law and order problem that was 

tackled within an hour.” 20 Christians of 

Jhabua district moved the NHRC against 

atrocities on them, and demanded an 

inquiry. 21 In early March 2004, the 

Minister of State for Home, Jagdish 

Muvel, categorically denied the arrest of 

innocent Christians. He said 27 cases have 

284 

been registered, and one-member inquiry 

committee, headed by DGP Narendra 

Prasad, has been formed to probe into the 

matter. 22 

On 27 April 2004, the Madhya 

Pradesh Christian Association accused the 

state administration of harassing Christian 

minorities in tribal-dominated Jhabua, and 

denying justice to them. In protest against 

the atrocities on the Christian minority 

community, a rape victim decided to 

immolate herself in front of the DGP’s 

office on 29 April 2004. She alleged that 

she was gang raped, her valuables looted 

and her house burnt down in the riots 

following the formation of the BJP 

government in the state. Despite several 

complaints the police allegedly failed to 

register an FIR against the criminals. 23 

On 31 December 2004, about 45 

unidentified tribals from Dahod district of 

Gujarat allegedly attacked one Puran 

Chand, who was allegedly converting 

residents in Jhabua to Christianity. 

Additional superintendent of police 

Dharmendra Chowdhury said that after the 

tribals stormed into Chand’s house, they 

set a jeep, a motorcycle and a place of 

worship on fire. The state government has 

ordered a probe into the incident. 24 

■

Chapter30 

NHRC: 

Clogged under operational 

inefficiency 

I. Overview 

All the National Human Rights Institutions (NHRIs) have 

statutory limitations. Since the NHRIs are not expected to 

supplement the judiciary and do not have enforcement 

powers, the inability to implement their recommendations often 

raises questions about their credibility. 

The National Human Rights Commission of India is no 

exception. It has its statutory limitations, among others, inability to 

investigate abuses by the armed forces and the need to give prior 

intimation to the authorities to visit any jail or any other institution 

under the control of the State Government, where persons are 

detained or lodged for purposes of treatment, reformation or 

protection to study the living conditions of the inmates. 

However, it is not the statutory limitations which has made 

India’s NHRC more ineffective but its operational inefficiencies 

such as non-registration of complaints, denial of the right to 

information on the complaints, violation of the cardinal principle of 

administration of justice by not providing response of the State to 

the complainant in the course of considering the complaints, closure 

of cases on frivolous grounds, exposing the complainants, flawed 

investigation processes and lack of follow up mechanisms for 

prosecution.

INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency 

Asian Centre for Human Rights 

(ACHR) can unequivocally assert that its 

observations are not based on assumptions 

or hearsay but consistent and systematic 

engagement with the NHRC. 

Undoubtedly, NHRC has played a critical 

role and continues to play a critical role for 

the protection and promotion of human 

rights in India. However, for those who 

engage with the NHRC, it is only a 

database centre for human rights 

violations. The NHRC suffers from 

serious credibility crisis. 

II. Statutory limitations 

Among the statutory limitations, four 

key issues of concern are the lack of 

plurality, keeping the armed forces out of 

the purview of the NHRC and the 

requirement of prior permission to visit 

prisons. 

a. Lack of plurality 

The composition of National Human 

Rights Commission does not reflect the 

plurality as required under the Paris 

Principles on National Human Rights 

Institutions. Although Chairman of the 

National Commission for Scheduled 

Tribes, National Commission for 

Scheduled Castes, National Commission 

for Women and National Commission for 

Minorities are included as statutory 

members, these members are busy with 

their own commissions. Effectively, there 

is no representation from the Scheduled 

Castes, Scheduled Tribes, Women and 

Minorities. So much for plurality, NHRC’s 

286 

website on the composition of the 

Commission does not even include the 

National Commission for Scheduled 

Castes and National Commission for 

Scheduled Tribes! 

b. Lack of jurisdiction over the armed 

forces 

According to 2003-04 Annual Report 

of Ministry of Home Affairs, India faces 

intensive internal armed conflicts in 

Assam, Arunachal Pradesh, Jammu and 

Kashmir, Meghalaya, Manipur, Mizoram, 

Nagaland and Tripura. In addition, Indian 

states of Andhra Pradesh, Bihar, 

Chattisgarh, Orissa, West Bengal, Madhya 

Pradesh, Maharashtra, and parts of Uttar 

Pradesh are afflicted by left wing 

Naxalites movement against inequity and 

social injustices. In most of these 

situations, armed forces have been 

deployed. 

Yet, under Section 19 of the Human 

Rights Protection Act, NHRC does not 

have jurisdiction over the armed forces of 

the government of India who are 

responsible for gross and widespread 

human rights violations in armed conflict 

situations. It has a detrimental effect on 

NHRC’s effectiveness 1 , particularly in 

view of the human rights violations by the 

armed forces. 

c. Prison visit 

The need to provide prior intimation 

to the authorities for visiting any jail or 

any other institution under the control of 

the State Government, where persons are


detained or lodged for purposes of 

treatment, reformation or protection to 

study the living conditions of the inmates 

defeats the purpose of prison reforms. 

d. Procedures for appointment 

The appointment of Mr P C Sharma, 

former Director of Central Bureau of 

Investigation has been challenged before 

the Supreme Court. As the Supreme Court 

has observed, there is nothing wrong with 

the procedures for appointment of Mr 

Sharma as a member of the Commission. 2 

The critical issue is the conflict of interest 

when a police officer is appointed as a 

member of the NHRC when most 

allegations of human rights violations are 

against the police. The issue of conflict of 

interest is not restricted to Mr Sharma but 

extends to the staffing of the NHRC who 

serve on deputation from various 

Ministries. 

Even though the then leader of 

Opposition, Mrs Sonia Gandhi, was part of 

the panel but she reportedly did not 

respond to the intimation sent to her on the 

appointment. 3 The Congress party while in 

opposition described the appointment of 

Mr Sharma as “highly regrettable”. The 

party did not favour the appointment 

because Mr. Sharma, as the CBI chief, had 

acquired the “odious reputation of being a 

pliable police officer,” the AICC chief 

spokesperson, S. Jaipal Reddy said. He 

had “connived in sabotaging” the Ayodhya 

case, he alleged. 4 Yet, the UPA government 

led by the Congress in its affidavit 

supported Mr Sharma’s appointment. 

In July 2005, the People’s Union of 

Civil Liberties (PUCL), which had 

challenged in the Supreme Court the 

appointment of Mr Sharma as National 

Human Rights Commission (NHRC) 

member, has sought the review of court’s 

order approving his selection. 5 The 

question is whether the Supreme Court 

could regulate conflict of interest when 

those who are supposed to nominate 

members of the NHRC do not their job. 

III. Operational inefficiency 

More than the statutory problems, it is 

the operational inefficiency of the NHRC 

that has been hampering its effectiveness. 

The operational inefficiency ranges from 

simply non-recognition of complaints to 

violation of cardinal principle of 

jurisprudence. 

a. Non-registration of complaints 

In its 2003-2004 Annual Report, 

NHRC states that it has taken 3,75,758 

cases in its first 10 years. One wonders as 

to how many of the complaints were 

simply not registered. ACHR did not 

receive any acknowledgement on a large 

number of complaints (please look into the 

web edition for details) despite the 

complaints being hand delivered. 

b. Denial of the right to information: No 

response from the NHRC 

“The delays (in making its annual 

reports public) have amounted to the 

denial of right to information. The delay in 

tabling the annual report before Parliament 

287


has resulted in a corresponding delay in 

releasing its contents to the public. In the 

process, both the elected representatives 

and the public have, in effect, been denied 

timely and comprehensive information on 

the work and concerns of the 

Commission”- lamented the National 

Human Rights Commission of India in its 

Annual Report 2002-2003 

One wished NHRC followed what it 

rightly preaches to the government of 

India. Once NHRC registers a complaint, 

the State authorities submit the reply. 

NHRC has no standard practice to provide 

such response from the State to the 

complainant. 

In the case of shooting on a teenaged 

youth, Naorem Naobi (15/14/2003-2004) 

in Manipur by the police, NHRC received 

the reply from the State government of 

Manipur on 6 September 2003. The 

NHRC sat over the reply from the State 

government of Manipur for about two 

years and then issued notice to the Asian 

Centre for Human Rights on 18 June 2005 

directing it to reply by 23 July 2005. As 

ACHR is still inquiring from the victim, 

NHRC will most probably dismiss the 

complaint for non-receipt of comments! 

The NHRC does not practice right to 

information. In the complaint filed by the 

Committee for Citizenship Rights of the 

Chakmas of Arunachal Pradesh (D.O 

NO.5/1/2001 - PRP&P) NHRC 

telephonically informed that permission 

cannot be given to inspect the file. 

In a number of cases, Asian Centre for 

Human Rights has not received any 

288 

response except the initial 

acknowledgement (please look into the 

web edition for details). Many NGOs did 

not receive any response for about five 

years. 

c. The Kangaroo Court: Violation of 

cardinal principle of jurisprudence 

The fact that three out of five 

members of the NHRC consist of persons 

who have been Chief Justice of the 

Supreme Court, a judge of Supreme Court 

and a Chief Justice of the High Court has 

not resulted in the NHRC upholding the 

cardinal principle of administration of 

justice. The cardinal principle of 

jurisprudence requires that both the 

prosecution and defence must be provided 

copies of each other replies. In a number 

of cases cited below, Asian Centre for 

Human Rights has not received except the 

acknowledgement and the final order. 

ACHR was never permitted to submit 

comments. It is more disappointing 

considering that the NHRC exercises the 

powers of a civil court relating to 

inquiries under section 13 of the HRPA. 

In the case of alleged extra-judicial 

execution of 14-years-old Jitendra Reang, 

a class VIII student of Ranguna High 

School under Pechartal Police Station of 

North Tripura district of Tripura by 

Tripura police on 11 February 2002, 

NHRC registered the complaint (No. 

24/23/2002-2003/UC) on 4 September 

2002. Thereafter, there was no information 

from the NHRC until 28 March 2005 when 

it gave its final order and closed the case.


Asian Centre for Human Rights was never 

given any information about the 

proceedings despite that NHRC received 

report from the State government of 

Tripura on 12.1.2003 and 3 December 

2004. Even though the victim was killed 

by the police, the State Government of 

Tripura took “a decision to provide 

assistance to the next of kin of Jitendra 

Reang under the assistance to the victims 

of extremists violence”. 

In another case, pertaining to the gang 

rape of a Reang tribal girl by three Special 

Police Officers of Tripura Police on 26 

May 2003 (Case No. 5/23/2003-2004- 

WC/UC), the NHRC did not provide any 

information to the Asian Centre for 

Human Rights except the 

acknowledgement on 6 June 2003 and its 

final order on 1 January 2005. The NHRC 

held proceedings on 21.7.2004 and 

15.9.2004. 

Whether NHRC should share the 

responses from the State authorities 

depends on the whims and fancies of the 

individual member of the NHRC or 

possibly the Assistant Registrar. As the 

above cases show, it is not mandatory for 

NHRC to involve the complainant and it 

delivers ex-parte order without giving any 

opportunity to the complaint to submit his 

or her comments. It is a sacrilege of 

justice. 

d. Dismissal of complaints on frivolous 

grounds 

NHRC often dismisses the complaints 

on frivolous grounds. While NHRC takes 

little action when the State authorities fail 

to provide response within stipulated time, 

if the complainant cannot provide the 

information in time, the cases are 

summarily closed. 

Asian Centre for Human Rights vide 

its written complaint dated 5 July 2004 

filed a complaint (No.44/3/2004-2005- 

WC/UC) seeking the intervention of the 

National Human Rights Commission into 

the gang rape of an Adivasi woman of 

Padmapakuri village under Gossaigaon 

police station in Kokrajhar district of 

Assam by three jawans of the 11th J & K 

Light Infantry Regiment during the night 

of 29 June 2004. On 16 September 2004, 

the NHRC sent a copy of the Action Taken 

Report of the Superintendent of police of 

Kokrajhar district to the ACHR. The 

Commission sought the comments of the 

ACHR in response to which the AHCR 

requested the Commission to direct the 

State Government of Assam to submit 

findings and recommendations of the 

magisterial enquiry. As the findings and 

recommendations of the magisterial 

enquiry was a part of the action taken by 

the State Government of Assam, it was 

necessary for ACHR to have a copy of the 

same to make its comments and therefore, 

ACHR requested the commission to send a 

copy of the same. On 8 February 2005, the 

Commission informed the complainant 

that the case has been close for non-receipt 

of comments of the complainant! 

NHRC is a law unto itself without any 

established appeal mechanism! 

289


e. Exposing the complainants 

Asian Centre for Human Rights has 

been raising the issue of lack of protection 

of witnesses/complainants. NHRC as a 

routine matter forwards the complaints to 

the concerned authorities who are 

invariably the security forces. Across the 

world, complainants face intimidation and 

harassment from the security forces. It is a 

standard practice in the UN system that 

when a complainant requests anonymity, 

the request must be respected to ensure 

his/her safety, security and dignity. NHRC 

has failed to introduce any reform in this 

regard. 

f. Flawed investigation process 

In most of the cases, NHRC cannot 

investigate the complaints. NHRC fails to 

indicate as to how many cases it 

investigated. 

Since the CCRCAP filed the complaint 

(D.O NO.5/1/2001 - PRP&P), NHRC on 

many occasions promised to send its Special 

Rapporteur to visit Chakma and Hajong 

inhabited areas of Arunachal Pradesh. Both 

Mr Shankar Sen, former Director General of 

Investigation of the NHRC and Mr Chaman 

Lal, Special Rapporteur of the NHRC were 

scheduled to visit. But NHRC failed to send 

any team so far. 

In another complaint (No.100/3/2002- 

2003) against police atrocities including 

torching of the houses at the Hojaipur 

village under Diphu police station, Karbi 

Anglong, Assam on 25 August 2002, 

NHRC allowed the Superintendent of 

Police against whom the allegations have 

290 

been filed to investigate the case. 

g. Informing the complainant through 

the press! The NHRC style 

Prior to the 7th Annual Conference of 

the National Human Rights Institutions in 

Seoul in September 2004, NHRC issued a 

press release stating that the Ministry of 

External Affairs informed that Burmese 

refugees could stay in India till their 

refugee status is confirmed by the office of 

the UN High Commissioner for Refugees. 

The NHRC sought clarification from 

MEA and Ministry of Home Affairs and 

Commissioner of Police, Delhi, with 

regard to the allegations made in the 

complaint filed by the Asian Centre for 

Human Rights. Since September 2004, 

ACHR has not received a copy of the 

response of the Ministry of External 

Affairs from the NHRC! ACHR came to 

know about it only through the media. 

h. Lack of follow up for prosecution 

The NHRC in its 1999-200) Annual 

report stated that it provided compensation 

to the tune of Rs 7,67,83634 in 598 cases. 

The NHRC often orders interim 

compensation but seldom follows up final 

compensation. 

Once compensation is awarded, there 

is no follow up for prosecution of the 

culprits. It ends with compensation. 

Whenever NHRC participates in a 

meeting related to the refugee issue, 

NHRC proudly refers to the case of NHRC 

vs. State of Arunachal Pradesh and Anr 

(C.W.P. No. 720 of 1995). Nine years have


passed, not a single Chakma and Hajong 

has been granted citizenship pursuant to 

the Supreme Court judgement. The NHRC 

has failed to follow up implementation of 

its own case. 

IV. Conclusions and 

recommendations 

It is beyond the powers of the NHRC 

to address the statutory limitations. The 

NHRC has indeed raised many of these 

issues. Chairman of the NHRC Justice A S 

Anand has regretted that amendments to 

the Human Rights Act are yet to be 

implemented despite the commission’s 

recommendations about five years ago. 6 

While the attitude of the government of 

India remains condemnable, what about the 

operational inefficiencies of the NHRC? 

NHRC in fact cannot make any excuse. 

There is no need for statutory changes to 

address operational inefficiencies but mere 

instructions from the Chairperson or the 

Secretary General to clear up the clogged 

up system. In this regard, Asian Centre for 

Human Rights makes the following 

recommendations to the NHRC. 

- NHRC must establish an in-house 

complaint mechanisms against 

non-registration of complaints etc; 

- NHRC must make it mandatory to 

provide all the responses from the 

State to the complainants 

WITHOUT ANY CENSORSHIP. 

If the State authorities request to 

keep certain information 

confidential, the complainant 

must be informed to enable 

him/her to take necessary 

measures including appealing to 

the NHRC or the courts; 

- NHRC must set a specific time 

frame within which the responses 

from the state authorities be 

forwarded to the complainant; 

- NHRC should develop a 

computerized system where all 

the complaints must come up for 

scrutiny/follow up every six 

months; 

- NHRC should develop 

mechanisms to consider appeals 

against the closure of complaints 

on frivolous grounds; 

- NHRC must develop mechanisms 

to protect the complainants and 

order not to provide the addresses 

of the complainants to the 

authorities if so requested and that 

NHRC must publicise in its 

website that the complainants can 

request to remain unanimous; 

- NHRC must order that under no 

circumstances, the police officer/s 

against whom the allegations are 

pending be requested to conduct 

the inquiries against 

himself/herself; 

- NHRC must create a separate unit 

for implementation of its 

judgements or orders obtained 

from the courts. ■ 

291


292

Endnotes 

Andhra Pradesh 

1. Andhra lifts ban on PWG, The Tribune, 22 July 2004 

2. Naxal menace: CMs of 9 states to meet, The Pioneer, 10 September 2004 

3. State yet to take action on reports of custody deaths, The Deccan Chronicle, 13 December 2004 

4. The Pioneer, 5 July 2004 

5. SC raps AP govt on jailed tribals, The Deccan Herald, 13 March 2004 

6. Farmers’ plight, The Deccan Chronicle, 26 November 2004 

7. CM blames TD for farmer suicides, Deccan Chronicle, 23 November 2004 

8. 4 farmers end life in AP, The Deccan Herald, 20 May 2004 

9. Andhra to set up human rights panel, The Central Chronicle, 2 November 2004 

10. http://www.nhrc.nic.in/sec-2.pdf 

11. Please refer to the NHRC Annual Reports 

12. State yet to take action on reports of custody deaths, The Deccan Chronicle, 13 December 2004 

13. Man ends life due to cops’ torture, The Deccan Chronicle, 15 April 2004 

14. Five excise cops arrested over custodial death, The Deccan Chronicle, 29 July 2004 

15. Youth dies in lock-up, The Hindu, 30 October 2004 

16. Lock-up death leads to tension in Srikalahasti, The Deccan Chronicle, 23 December 2004 

17. Two killed, three injured in police firing, The Shillong Times, 19 January 2004 

18. AP orders probe into police firing, The Deccan Herald, 2 November 2004 

19. A cold-blooded murder: rights activists, The Deccan Herald, 27 January 2004 

20 . Mandal is a local administrative area 

21. Four Naxalites killed in police operation, The Deccan Chronicle, 30 March 2004 

22. 4 Naxals killed in encounter, The Deccan Chronicle, 5 May 2004 

23. PWG Naxals killed in encounter, The Times of India, 15 May 2004 

24. HR prepares report on police excesses, The Deccan Chronicle, 4 August 2004 

25. Galla Aruna beaten up before CM’s meet, The Times of India, 20 April 2004

INDIA HUMAN RIGHTS REPORT 2005 Endnotes 

26. Drunken cops beat man, The Deccan Chronicle, 6 May 2004 

27. Cops beat woman over land dispute, The Deccan Chronicle, 21 June 2004 

28. Quarry manager collapses after beating by cops, The Deccan Chronicle, 29 June 2004 

29. Fed up of atrocities in jail, 3 inmates attempt suicide, The Pioneer, 22 November 2004 

30. SI’s torture drives youth to suicide, The Deccan Chronicle, 26 December 2004 

31. Killing of Naidu to approach NHRC on political murders, The Pioneer, 9 September 2004 

32. Probe ordered into Anantapur faction killings, The Pioneer, 18 September 2004 

33. Dalits face wrath for teen’s temple visit, The Telegraph, 2 June 2004 

34. Dalit leader a victim of caste bias, The Deccan Chronicle, 26 October 2004 

35. In Venkaiah’s town, tell us your caste if you want water, The Indian Express, 27 April 2004 

36 The Hindu, 22 February 2004 

37. Seven injured as caste Hindus attack Dalits, The Deccan Chronicle, 5 February 2004 

38. Students reject food prepared by Dalit women, The Hindu, 9 December 2004 

39 . Land reforms have not helped Dalits in Andhra Pradesh, The Hindu, 10 August 2004 

40. Dalit girl dies at hospital, HRF man held, The Deccan Chronicle, 22 September 2004 

41. Dalit unions call for bandh today, The Deccan Chronicle, 21 July 2004 

42. Dalit dies of starvation, The 20 December 2004 

43. SC raps AP govt on jailed tribals, The Deccan Herald, 13 March 2004 

44. AP told to free tribal prisoners, The Deccan Herald, 3 April 2004 

45. A.P. extends Cr.P.C. provisions to tribal areas, The Hindu, 28 March 2004 

46. Tribals attack forest officials, The Deccan Chronicle, 24 September 2004 

47. The Deccan Chronicle, 29 October 2004 

48. NHRC urged to ensure rights to tribals, The Deccan Chronicle, 19 November 2004 

49. Villager says he was witness to police act, The Deccan Chronicle, 16 June 2004 

50. Woman ends life due to SI’s harassment, The Deccan Chronicle, 30 June 2004 

51. Yellow force to counter Naxal threat, the Deccan Chronicle, 20 February 2004 

52. Naxals kill Cong leader in AP, The Central Chronicle, 16 January 2004 

53. PW Naxals gun down TDP leader, The Central Chronicle, 5 February 2004 

54. TD leader among 3 killed by Naxals, The Deccan Chronicle, 13 February 2004 

55. TDP leader shot dead, The Hindu, 14 February 2004 

56. PWG blasts mandal office, kills TDP leader, The Pioneer, 14 February 2004 

57. PW Naxals gun down 3 TDP leaders, burn down vehicles, The Kashmir Times, 23 

February 2004 

58. Naxals kill TDP leader, The Hindu, 7 March 2004 

59. Minister’s husband killed by AP Naxals, Deccan Herald, 19 March 2004 

294


60. TD leader gunned down by Naxals, The Deccan Chronicle, 28 March 2004 

61. PWG kills TD mandal leader, The Deccan Chronicle, 15 April 2004 

62. PWG guns down former Naxalite, The Deccan Chronicle, 3 May 2004 

63. Naxalites shoot dead Congress leader, The Deccan Chronicle, 7 May 2004 

64. Naxals kill ex-sarpanch, The Hindu, 15 May 2004 

65. CM blames TD for farmer suicides, Deccan Chronicle, 23 November 2004 

66. 4 farmers end life in AP, The Deccan Herald, 20 May 2004 

67. Farmers suicide toll crosses 100, The Deccan Chronicle, 31 May 2004 

68. Farmers’ plight, The Deccan Chronicle, 26 November 2004 

69. Starvation death: NHRC plea for relief, The Hindu, 8 May 2004 

70. NHRC seeks report from AP Govt on suicide of farmers, The Deccan Herald, 2 June 2004 

71. Judicial probe into suicides, The Times of India, 13 July 2004 

72 . Andhra distributes 1-lakh acres of land to the poor, The Pioneer, 11 November 2004 

Arunachal Pradesh 

1. CCRCAP appeal dated 14 December 2004 to the National Human Rights Commission for 

urgent interventions 

2. NLFA serves quit notice on Chakma-Hajong refugees, The Sentinel, 12 December 2004 

3. Buddhists being ‘harassed’ by Army, ultras, The Assam Tribune, 10 June 2004 

4. Army continuing combing operation in Arunachal, The Sentinel 20 November 2004 

5. Civilian killing’ snowballs into major crisis, The Sentinel, 28 December 2004 

6. Election Commission of India’s order No.23/ARUN/2003 of 3 March 2004. 

7. Election Commission of India’s order No.23/ARUN/2003 of 3 March 2004. 

8. First-time voters Chakmas turn out big, The Hindustan Times, 6 May 2004 

9. ACHR complaint dated 10 June 2004 to the NHRC 

10. CCRCAP appeal dated 14 December 2004 to the National Human Rights Commission for 

urgent interventions 

11. Appeal of the CCRCAP dated 14 December 2004 to the Home Minister of India for urgent 

interventions 

12. Complaint of CCRCAP dated 15 December 2004 to the National Human Rights 

Commission against the murder of Madan Hajong 

13. Arunachal Pradesh State Government order-No. CS/HOME/94 dated 21 November 1994 

14. Arunachal Pradesh State Government order no. CS/HOME/94 dated 21 November 1994 

15. Arunachal Pradesh State Government order No FPSO-3/90-91 of 31 October 1991 banning 

items under PDS 

16. Patil assures Arunachal Chakma leaders, The Newslink, 9 September 2004 

295


Assam 

1. Cong has stopped secret killings, claims Gogoi, The Assam Tribune, 26 January 2004 

2. US to Guwahati: We can get FBI to help probe your blasts, The Indian Express, 6 October 

2004 

3. New Karbi militant group emerges in Assam, The Pioneer, 17 December 2004 

4. No similar offer for other surrendered rebels, The Sentinel, 19 February 2004 

5. Centre calls DHD for peace talks, The Telegraph, 8 July 2004 

6. Adivasi threat, The Telegraph, 8 July 2004 

7. Custodial death, The Assam Tribune, 21 August 2004 

8. Ulfa claims it carried out blast, The Asian Age, 18 August 2004 

9. 2004 witnessed rise in ULFA killings, The Assam Tribune, 31 December 2004 

10. Jawans get 10 years for rape, The Telegraph, 14 August 2004 

11. The Sentinel, 23 April 2004 

12 . Please refer to the NHRC Annual Reports 

13. The Sentinel, 12 March 2004 

14. Discontentment high after Army shoots youth dead, The Sentinel, 5 May 2004 

15. Fresh tension in Nagaland, Assam border, The Shillong Times, 16 September 2004 

16. Mamoni flays killing of ULFA cadres by Army, The Assam Tribune, 22 November 2004 

17. Birbol’s killing triggers widespread protest in Kokrajhar, The Sentinel, 1 December 2004 

18. Twin probes to calm Bodo belt- Protests against army killing mount, The Telegraph, 3 

December 2004 

19. Rumblings in Bodo belt over killings, The Telegraph, 2 December 2004 

20. Twin probes to calm Bodo belt- Protests against army killing mount, The Telegraph, 3 

December 2004 

21. Tension in Dhemaji over killing, The Sentinel, 18 February 2004 

22. Badarpur police firing takes new turn, The Sentinel, 25 March 2004 

23. Inquiry committee to probe Badarpur firing, The Sentinel, 31 May 2004 

24. Karbi Anglong organizations demand judicial probe, The Sentinel, 7 April 2004 

25. AASU for probe into twin killings, The Telegraph, 9 August 2004 

26. Custodial death, The Assam Tribune, 21 August 2004 

27. 3 Die In Firing: In Custody In Karbi Hills, The Sentinel, Sunday 22 August 2004 

28. Prisoner’s death creates sensation, The Sentinel, 18 April 2004 

29. NH-52 blocked against Army atrocities, The Sentinel, 6 February 2004 

30. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March 

2004 

31. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March 2004 

296


32. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March 

2004 

33. The Sentinel, 20 April 2004 

34. Army denies atrocity charge, The Sentinel, 24 May 2004 

35. AASU leader stripped by Army? AHRC seeks report, The Sentinel, 27 May 2004 

36. Five gangraped in Kokrajhar - Army denies charge, Bodo bodies cry for justice, The 

Telegraph, 2 January 2004 

37. Issue of alleged rape by police, The Sentinel, 7 February 2004 

38. Stringent action against jawans demanded, The Sentinel, 17 March 2004 

39 Jawans rape Adivasi in Gossaigaon, The Telegraph, 1 July 2004 

40 Jawans get 10 years for rape, The Telegraph, 14 August 2004 

41. 4 Armymen held for molestation bid, The Assam Tribune, 4 July 2004 

42. Girl spills torture tale, The Telegraph, 30 July 2004 

43. Small comfort for army rape victim, HC asks defence ministry to pay Rs 1 lakh, The 

Telegraph, 27 March 2004 

44. AHRC awards compensation, IPS officer under scanner 

45. Pay compensation to police firing victims: NHRC directs Assam Govt, The Sentinel, 7 

October 2004 

46. The Sentinel, 26 February 2004 

47. Secret killing: statements recorded, The Sentinel, 29 September 2004 

48. NSCN extracts Kuki peace promise, The Telegraph, 31 March 2004 

49. ‘Peacemaker’ NSCN-IM in blame game over killings, The Telegraph, 5 April 2004 

50. 3 More Killed In Diphu, The Sentinel, 21 January 2004 

51. Militants blow up pipeline, go on killing spree, The Telegraph, 21 March 2004 

52. 28 massacred in Karbi Anglong, The Sentinel, 25 March 2004 

53. Karbi militants back out of surrender, The Telegraph, 2 April 2004 

54. Kuki ultras gun down 4 in Karbi Anglong, The Assam Tribune, 28 March 2004 

55. Karbi Anglong tension refuses to die down, The Sentinel, 5 July 2004 

56. Khasi exodus from Cachar after murder, The Telegraph, 23 March 2004 

57. The Assam Tribune, 18 August 2004 

58. The Shillong Times, 2 December 2004 

59. Riot-hit refugees move Gogoi yet again with same old woes, The Sentinel, 26 October 

2004 

60. The Sentinel, 15 August 2004 

61. Gogoi assures Adivasis of rehabilitation, The Sentinel, 9 February 

62. Rs 10 cr released for rehab of 10,000 refugees, The Assam Tribune, 16 June 2004 

63. Govt to release Rs 10 cr for refugee settlement, The Sentinel, 15 October 2004 

297


64. MLAs’ demand prevails Govt to provide ration till final rehab, The Sentinel, 10 March 

2004 

65. Muslim refugees rebuff State Govt offer, The Sentinel, 26 March 2004 

66. Panel to expedite ST status to 6 communities, The Assam Tribune, 22 June 2004 

67. 6th Schedule status to all ethnic tribes: Gogoi, The Assam Tribune, 2 March 2004 

68. Discrimination against SC/ST employees alleged, The Assam Tribune, 24 September 2004 

69. SC, ST bodies move Sonia to fill 12,000 backlog jobs, The Sentinel, 18 October 2004 

70. Probe into tribal belt land issue, The Assam Tribune, 13 May 2004 

71. Mass stir threat by Dimoria tribal body, The Sentinel, 14 December 2004 

72. Govt halts transfer of tribal belt land, The Assam Tribune, 23 May 2004 

73. Probe into tribal belt land issue, The Assam Tribune, 13 May 2004 

74. Eviction notices issued to tribals living in reserve forests of Karimganj, The Assam 

Tribune, 23 November 2004 

75. Rights panel budget slashed, The Telegraph, 5 July 2004 

76. 2004 witnessed rise in ULFA killings, The Assam Tribune, 31 December 2004 



79. Businessman killed by suspected ULFA, The Sentinel, 9 January 2004 

80. ULFA strikes with UNLF, NLFT to give up, The Sentinel, 16 April 2004 

81. The Sentinel, 10 June 2004 

82. Ultras gun down 3 in Karbi Anglong, The Assam Tribune, 11 June 2004 

83. Assam bomb blast claims 7 lives, The Sangai Express, 25 June 2004 

84. 8 hurt in grenade blast in Assam, The Times of India, 26 August 2004 

85. BSF convoy attacked off Tura, 3 killed, The Shillong Times, 27 August 2004 

86. Striking Terror at Will, The Sentinel, 5 October 2004 

87. Ultras gun down 19 in Assam, The Tribune, 3 October 2004 

88. 12 killed as blasts rock Assam for second day, The Hindu, 4 October 2004 

89. Six mowed in Sonitpur, Dimapur probe in top gear, Death dance on, Patil on talk mode, 

The Sentinel, 5 October 2004 

90. NDFB strikes again, kills 10 in Dhubri, The Sentinel, 6 October 2004 

91. 2 killed in twin blasts in city, The Sentinel, 14 December 2004 

92. One killed, 50 hurt, minister’s house comes under attack, The Sentinel, 15 December 2004 

93. Orgy of violence continues, The Sentinel, 16 December 2004 

94. Another grenade attack in city; 1 killed, many hurt, The Sentinel, 17 December 2004 

95. ULFA slaps extortion notes on 20 tea gardens, The Sentinel, 14 June 2004 

96. UPDS kidnaps tea executives in Assam, The Shillong Times, 22 February 2004 

298


97. Station killings spark railway jitters, The Telegraph, 30 April 2004 

98. Minister’s son taken hostage in NC Hills, The Sentinel, 11 May 2004 

99. ULFA abducts Assam Minister’s son, The Tribune, 31 May 2004 

100. Ulfa frees Assam minister’s son, The Asian Age, 13 August 2004 

101. Bodo rebels abduct shopkeeper, The Telegraph, 13 August 2004 

102. Trader abducted, The Sentinel, 15 December 2004 

Bihar 

1. Bettiah SP Summoned by Patna High Court in Extortion Case, The Patna daily, 26 

November 2004 

2. Beur Prison Jailor Shot Dead by Naxalites in Patna, The Patna Daily, 30 March 2004 

3. Bihar situation deteriorates, The Statesman, 16 November 2004 

4. Hordes of firms quitting Bihar, The Pioneer, 29 September 2004 

5. Voters panic as Ranvir Sena chief joins fray, The Statesman, 24 February 2004 

6. Tandav means dance of the death. 

7. Tandav Sena to join dance of death, The Statesman, 21 March 2004 

8. Dalit woman’s horrible ordeal, The Deccan Herald, 30 July 2004 

9. SC will hear plea on plight of death row convicts, The Times of India, 1 September 2004 

10. Lives lost in trying to change lives, The Telegraph, 26 January 2004 

11. NHRC Probing Handcuffing of a Child in Bihar, The Patna Daily, 26 November 2004 

12. 148 custodial deaths in Bihar in 2003, The Times of India, 26 August 2004 


14. Several Hurt in Police-Prisoners Clash in Begusarai Jail, The Patnadaily, The 28 January 

2004 

15. Cop shoots fellow passenger in train, The Times of India, 30 January 2004 

16. Goraul police shoots young man dead, The Times of India, 17 June 2004 

17. Sasaram jail inmate dies, The Times of India, 3 September 2004 

18. The Rajasthan Patrika, 27 September 2004 

19. Four shot dead by drunken cop in Begusarai, The Hindustan Times, 19 November 2004 

20. Police firing kills 1 in Purnia, The Times of India, 25 January 2004 

21. Youth dies in Buxar village police firing, The Times of India, 27 January 2004 

22. The Times of India, 17 August 2004 

23. Lawyers attack ‘custodians, The Times of India, 31 January 2004 

24. Man Beaten, Robbed by Railway Guards at Patna Junction, The Patna Daily, 16 September 

2004 

299


25. Hundreds of Naxalite Supporters Arrested in Patna, Patna Daily, December 6, 2004 

26. NHRC issues show-cause to Bihar Govt, The Pioneer, 24 September 2004 

27. Lifer to 3 cops in custodial death case, The Times of India, 30 January 2004 

28. 7 yrs ago this week 59 Dalits were killed, charges are yet to be framed, The Indian Express, 

29 November 2004 

29. Ranbir Sena kills five Dalits, The Hindu, 4 January 2004 

30. Five of family gunned down, The Indian Express, 14 January 2004 

31. Five dalits killed in Bihar, The Tribune, 9 August 2004 

32. PW militants kill 4 in Bihar, the Indian Express, 15 January 2004 

33. Situation Tense in Gaya After Naxalites Set Huts on Fire, The Patnadaily, 23 April 2004 

34. Naxals kill three in Gaya village, The Times of India, 26 April 2004 

35. Maoist kill four in Bihar, The Times of India, 31 December 2004 

36. PW kills four Dalits, The Hindu, 19 May 2004 

37. PWG guns down four CPI-ML members, The Times of India, 20 August 2004 

38. Asking for wage hike, are you a Naxalite?, The Pioneer, 7 July 2004 

39. In Lalooland, Yadavs’ feast as Dalits left holding ration cards, The Pioneer, 5 July 2004 

40. A child dead & her family starving, woman gives up baby for Rs 6,000, The Indian 

Express, 14 September 2004 

41. NHRC takes cognisance of sale of son to clear debt, The Hindu, 3 October 2004 

42. Tales of poverty galore in Bihar, The Pioneer, 18 September 2004 

43. Starvation deaths continue in Bihar, The Deccan Herald, 8 October 2004 

44. Dalit woman’s horrible ordeal, The Deccan Herald, 30 July 2004 

45. Dalit widow raped in police custody, The Deccan Herald, 16 September 2004 

46. Dalit raped, killed in Bihar; month on, accused at large, The Indian Express, 18 September 

2004 

47. Two held in rape Case, The Times of India, 25 October 2004 

48. Terror in time of peace equals war crime, says Supreme Court, The Statesman, 7 April 2004 

49 Terror in time of peace equals war crime, says Supreme Court, The Statesman, 7 April 2004 

50. Varghese K George, Social Injustice Part I, The Indian Express, 29 November 2004 

51. Varghese K George, Social Injustice Part II, The Indian Express, 30 November 2004. 

52. Varghese K George, Social Injustice Part III, The Indian Express, 1 December 2004. 

53. Varghese K George, Social Injustice Part IV, The Indian Express, 2 December 2004 

54. Prisoners living in sub-human condition, The Times of India, 5 July 2004 

55. Prisoners living in sub-human condition, The Times of India, 5 July 2004 

56. The Rajasthan Patrika, 7 June 2004 

57. CBI probe sought in rape case: The Times of India, 11 January 2004 

300


58. SC will hear plea on plight of death row convicts, The Times of India, 1 September 2004 

59. Court seeks meeting with Rabri over juvenile justice, The Hindu, 7 February 2004 

60. NHRC Probing Handcuffing of a Child in Bihar, The Patna Daily, 26 November 2004 

61. Lives lost in trying to change lives, The Telegraph, 26 January 2004 

62. Gaya social activists gunned down, The Pioneer, 26 January 2004 

63. 4 held for social workers’ killing, The Deccan Herald, 27 January 2004 

Chattishgarh 

1. Agrawal denies 11 custodial deaths in State, Hitavada, 25 November 2004 

2. Agrawal denies 11 custodial deaths in State, Hitavada, 25 November 2004 

3. Agrawal denies custodial death, Hitavada, 8 June 2004 

4. Youth allegedly died in custody, Hitavada, 8 June 2004 

5. Inquiry into custodial death, Hitavada, 9 June 2004 

6. Tribal Youth Ends Life In Police Custody, Deccan Herald, 3 September 2004 

7. Tribal Youth Ends Life In Police Custody, Deccan Herald, 3 September 2004 

8. Criminal cases against four cops, The Hindu, 11 September 2004 

9. Tension prevails in Bhilai after custodial death, The Deccan Herald, 5 September 2004 

10. Congress alleges one more death due to police torture, Hitavada, 16 October 2004 

11. Dalit man dies in custody at Raipur, The Deccan Herald, 7 October 2004 

12. Another custody death in Raman home district, The Indian Express, 7 October 2004 

13. Youth commits suicide after police interrogation, Hitavada, 15 October 2004 

14. Sahu Samaj alleges death in custody, Hitavada, 18 October 2004 

15. Haribhumi, 11 October 2004 

16. Rape accused commits suicide, Hitavada, 26 October 2004 

17. Dalit youth dies in police custody, The Deccan Herald, 21 November 2004 

18. Bastar police accused of raping ‘Naxalite, The Times of India, 10 April 2004 

19. Govt. indifferent towards atrocities on Dalits, The Hindu 11 September 2004 

20. http://www.countercurrents.org/dalit-george230804.htm 

21. Govt. indifferent towards atrocities on Dalits, The Hindu 11 September 2004 

22. Video conferencing in courts, jails, The Central Chronicle, 13 October 2004 

23. Cramped jails turn TB den: Rights panel, The Indian Express, 2 February 2004 

24. SDM to conduct probe into death of undertrial, Hitavada, 18 April 2004 

25. Dainik Bhaskar, 27 November 2004 

26. The Indian Express, New Delhi, 11 June 2004 

301


27. Raipur blames Delhi for Naxal upsurge, The Asian Age, 8 November 2004 

28. Taking on naxals, Rambo-ishtyle, The Times of India, 21 November 2004 

29. C’garh announces naxals surrender policy, The Central Chronicle, 25 June 2004 

30. Naxalites turn against religious conversions, The Indian Express, 25 November 2004 

Delhi 

1. 10,318 Complaints, 2,488 cops pulled up, The Hindustan Times, 6 January 2005 

2. Boy who played cop before Charles beaten up by police, The Asian Age, 24 March 2004 

3. Teenage torture case: HC blames police for inaction, The Times of India, 22 May 2004 

4. Cop suspended for sodomy, The Hindustan Times, 25 September 2004 

5. One woman is raped every 24 hours in city’, The Asian Age, 3 July 2004 

6 . Please refer to the NHRC Annual Reports 

7. Cops bend law to save custody killers: Report, The Hindustan Times, 21 January 2004 

8. Constable gets life term for custody death The Tribune, 14 January 2004 

9. The Tribune, 15 June 2004 

10. Armed with a licence to kill?, The Statesman, 23 January 2004 

11. Cops use cash to ‘muffle’ brutality, The Statesman, 28 January 2004 

12. Man beaten to death; Armymen held, The Hindu, 26 February 2004 

13. Undertrial commits suicide, The Times of India, 23 April 2004 

14. 35-year-old dies in city police lockup, The Asian Age, 7 July 2004 

15. Pickpocket dies under mysterious conditions, The Times of India, 17 August 2004 

16. RPF men beat man to death inside station, The Hindustan Times, 13 May 2004 

17. Man allegedly beaten by cops, The Hindu, 17 February 2004 

18. Boy who played cop before Charles beaten up by police, The Asian Age, 24 March 2004 

19. Banker detained illegally by cops, The Times of India, 17 June 2004 

20. Cops ‘beat up’ inmates over a cup of tea, The Indian Express, 17 April 2004 

21. NHRC directive to police chief, The Central Chronicle, 18 May 2004 

22. Vigilance inquiry into police brutality case, The Indian Express, 8 May 2004 

23. Torture case probe: Rights body cries foul, The Indian Express, 26 May 2004 

24. Beaten up in police custody, man battles for life in hospital, The Pioneer, 9 June 2004 

25. Licence checking: Police ‘beat’ man, The Indian Express, 27 May 2004 

26. Cop shoots at drivers, keeps gunning for him, The Times of India, 7 December 2004; 

http://www.pucl.org/Topics/Police/2004/delhi-jeepdriver.htm 

27. Cop suspended for sodomy, The Hindustan Times, 25 September 2004 

28. RPF constable beats up ragpicker, The Times of India, 9 September 2004 

302


29. Minor boy becomes victim of cops’ greed, The Pioneer, 23 September 2004 

30. Cop in civvies beats NGO official, The Hindustan Times, 29 December 2004 

31. One woman is raped every 24 hours in city’, The Asian Age, 3 July 2004 

32. 4 RPF men accused of rape, two arrested, The Times of India, 30 May 2004 

33. Delhi cop enters hostel, molests nurses, The Times of India, 26 July 2004 

34. Crime and the city: Cop rapes woman in S Delhi, The Times of India, 24 December 2004 

35. No trace of woman cop after girl files torture case, The Indian Express, 25 February 2004 

36. SC/ST students unhappy with DU quota policy, The Statesman, 9 July 2004 

37. No job quota for STs in Delhi: HC, The Indian Express, 6 July 2004 

38. Decision on SC, ST quota draws flak, The Hindu, 14 September 2004 

39. http://tiharprisons.nic.in/html/profile.htm 

40. High Court summons home secy in jails issue, The Times of India, 26 August 2004 

41. The Tribune, 15 December 2004. 

42. Aged undertrials languishing in prison given bail, The Tribune, 7 June 2004 

43. Granted bail, yet in jail, The Free Press Journal, 22 March 2004 

44. Convict denied ‘freedom’ despite release order, The Pioneer, 3 April 2004 

45. Man remains in jail despite bail due to police negligence, The Pioneer, 17 June 2004 

46. HC orders judicial inquiry into custodial death, The Tribune, 30 August 2004 

47. Undertrial’s death: HC hauls up Govt, cops, The Pioneer, 26 August 2004 

48. Tihar accused of rights violation, The Indian Express, 25 February 2004 

49. Under trial commits suicide, The Statesman, 20 April 2004 

50. Tihar woman convict dies after assault, The Statesman, 6 July 2004 

51. Women inmates riot in Tihar, The Deccan Chronicle, 7 July 2004 

52. Exhuming of Tihar inmate’s body ordered, The Pioneer, 23 July 2004 

53. Tihar’s secret: Tanu Lal died like Zohra a day before, The Indian Express, 23 July 2004 

54. Tihar inmate commits suicide, The Pioneer, 9 September 2004 

55. Social activist beaten up for complaining against criminals, The Tribune, 28 August 2004 

56. Her throat slashed but not silenced, The Indian Express, 31 December 2004 

Gujarat 

1. Gallery vandalised over Durga painting, The Times of India, 30 January 2004 

2. Rape, murder charges against Kadi PSI, The Indian Express, 28 November 2004 


4. SC orders review of all Gujarat riot cases, The Hindustan Times, 18 August 2004 

5. Lashkar terrorists shot dead, The Hindu, 16 June 2004 

303


6. The Asian Age, 16 July 2004 

7. The Hindustan Times, 20 September 2004 

8. CID questions Gujarat human rights activist, The Indian Express, 11 June 2004 

9 IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004 

10. Thirsty Gujarat celebrates as Narmada dam height raised, Kutch to drink, The Indian 

Express, 17 March 2004 

11. Narmada team cuts short tour, The Hindu, 15 December 2004 

12. New probe ordered into Sabarmati Exp fire, The Central Chronicle, 3 September 2004 

13. Three killed in Vadodara clash, police firing, The Hindu, 28 February 2004 

14. SC orders review of all Gujarat riot cases, The Hindustan Times, 18 August 2004 

15. Court orders review of acquittal in riot cases, The Hindu, 24 August 2004 

16. Bakery case: Court to frame charges afresh, The Times of India, 9 September 2004 

17. SC settles PP row in Best Bakery Case, The Statesman, 17 August 2004 

18. Bakery case: Court to frame charges afresh, The Times of India, 9 September 2004 

19. 21 ‘acquited’ to be booked again in Best Bakery Case, The Times of India, 16 September 

2004 

20. Charges framed against accused in Best Bakery Case, The Deccan Herald, 23 September 

2004 

21. No more hostile, witness recalls Best Bakery night, The Indian Express, 6 October 2004 

22. Zaheera knocks on NCM door, The Statesman, 9 November 2004 

23. Best: Teesta moves SC for CBI probe into U-turn, The Indian Express, 7 November 2004 

24. Godhra accused allege harassment in jail, The Times of India, 21 January 2004 

25. The Times of India, 13 July 2004 


27. Lift curbs on Sarabhai, SC asks Gujarat, The Tribune, 17 February 2004 

28. Lift curbs SC again for freedom, The Times of India, 27 February 2004 

29. VHP men assault NGO chief, The Tribune, 12 April 2004 

30. Protection for Teesta Setalvad meeting, The Hindu, 13 April 2004 

31. Modi targets NGOs taking up rights issues, The Hindustan Times, 12 June 2004 


33. The Hindustan Times, 20 September 2004 

34. Hot Pota-toes in Gujarat cauldron, The Times of India, 25 May 2004 

35. The Asian Age, 16 July 2004 

36. Gujarat lawyers held under POTA, The Deccan Herald, 24 November 2004 

37. Row over cremation ground lands Dalits in grave trouble, The Deccan Herald, 10 March 

2004 

304


38. IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004 




42. Thirsty Gujarat celebrates as Narmada dam height raised, Kutch to drink, The Indian 

Express, 17 March 2004 

43. Narmada team cuts short tour, The Hindu, 15 December 2004 

44. Narmada nightmare for tribals, The Telegraph, 13 July 2004 

Haryana 

1. HR commission notice to Haryana, The Kashmir Times, 7 February 2004 

2. Gender discrimination rampant in Haryana, The Hindustan Times, 15 December 2004 


4. Protesters seek cops’ arrest for youth’s death, The Tribune, 27 February 2004 

5. Custodial death case: judicial custody for SHO, The Tribune, 15 June 2004 

6. Dalits protest ‘custodial killing’, The Tribune, 28 July 2004 

7. Destitute woman beaten up by policemen, The Tribune, 6 January 2004 

8. Head Constable held for torturing youth, The Tribune, 22 September 2004 

9. NHRC orders action against cops, The Tribune, 14 September 2004 

10. Army man held on rape charge, The Tribune, 29 July 2004 

11. Youth beaten up by police, The Pioneer, 27 September 2004 

12. Gender discrimination rampant in Haryana, The Hindustan Times, 15 December 2004 

13. Girl trafficking on the rise in Assam, The Sentinel, 27 December 2003. 

14. Woman abducted, sold as brides, The Indian Express, 29 January 2004 

15. 15-yr-old ‘sold off’, raped, The Tribune, 15 January 2004 

16. Captive minor girl rescued from traffickers, The Tribune, 15 July 2004 

17. AIDWA takes `gotra’ case to NHRC, The Hindu, 27 October 2004 

18. NHRC to move SC in case of alleged human rights violation, The Deccan Herald, 27 

October 2004 

19. Sonia’s struggle bears fruit - Villagers to validate her marriage, The Tribune, 29 October 2004 

20. Uneasy calm at Jakholi village - Boycott of Lohans hits their livelihood, The Tribune, 27 

October 2004 

21. Supreme Court asks Haryana cops to protect couple, The Tribune, 8 December 2004 

22. Another couple in gotra knot, The Tribune, 19 December 2004 

23. Victims call for stringent laws to end ‘honour killings’, The Indian Express, 12 January 

2004 

305


24. Minor Dalit raped, The Tribune, 10 July 2004 

25. Police ‘pressurising’ Dalit family to compromise, The Tribune, 5 December 2004 

26. Disabled Dalit worker alleges witch-hunt, The Tribune, 11 October 2004 

27. Villagers forced to migrate due to thermal plant pollution, The Tribune, 21 June 2004 

28. Plea to CJ to set up panel for the displaced, The Tribune, 21 September 2004 

Himachal Pradesh 

1. HC issues notices on appointment of rights panel chief, The Tribune, 7 January 2004 

2. N.C. Jain rights panel chief, The Tribune, 25 November 2004 

3. Tibetan peace marchers lathicharged, The Tribune, 12 February 2004 

4. 4 get jail term for atrocities on SC, The Tribune, 2 December 2004 

5. 4 get jail term for atrocities on SC, The Tribune, 2 December 2004 

6. 2 Dalits beaten to death in HP, The Tribune, 29 March 2004 

7. Youths held for beating Dalit to death, The Tribune, 30 April 2004 

8. Dalit woman resents police inaction, The Tribune, 12 September 2004 

9. Three Dalits made to sit separately, Mid-day meal scheme in schools, The Tribune, 20 

September 2004 

10. Youth complains against cops, The Tribune, 24 December 2004 

11. Inquiry on Dalit boy’s plea begins, The Tribune, 26 December 2004 

12. Inquiry on Dalit boy’s plea begins, The Tribune, 26 December 2004 

13. Displaced families yet to get land, The Tribune, 23 January 2004 

14. Pong dam oustees’ case transferred to HP High Court, The Tribune, 29 January 2004 

Jammu and Kashmir 

1. 2004 witnessed less violence: govt, The Kashmir Times, 2 January 2005 

2. J-K completed only 1 out of 54 probes ordered, The Indian Express, 2 December 2004 

3. Cops charge Army with murder in Valley firing, The India Express, 12 September 2004 

4. Advani orders probe into 18 disappearances, The Kashmir Times, 24 January 2004 

5. Valley of individual trauma, The Indian Express, 8 December 2004 

6. Transporter’s death in Jammu SHO suspended, probe ordered into death, The Kashmir 

Times, 14 February 2004 

7. The Tribune, 26 April 2004 

8. 2004 witnessed less violence: govt, The Kashmir Times, 2 January 2005 

9. Armymen rape woman, minor daughter in J&K, The Statesman, 9 November 2004 

10. Militants chop off woman’s nose, tongue, The Hindustan Times, 12 July 2004 

306


11. Kashmir Bar releases report on J&K jails, The Kashmir Times, 25 April 2004 

12. 326 detenues released in PDP-Congress rule, The Kashmir Times, 29 February 2004 

13. 86 POTA detenues released: Veeri, The Kashmir Times, 26 February 2004 

14. J&K seeks special employment package for KPs, The Kashmir Times, 18 December 2004 

15. Centre has given nod to migrant - rehabilitation package: J&K govt, The Kashmir Times, 

14 December 2004 

16. Refugees leading miserable lives despite ceasefire, The Tribune, 28 November 2004 

17. Massive protest demonstration at Khour, The Kashmir Times, 3 March 2004 

18. Gujjar and Bakerwals living below poverty line in J and K, The Kashmir Times, 24 

November 2004 

19. Valley of individual trauma, The Indian Express, 8 December 2004 

20. 8,000-10,000 Kashmiri disappear in fifteen years UNHCR intervention sought, The 

Kashmir Times 24 March 2004 

21. 575 complaints of HR abuse in 2003-04, The Kashmir Times, 4 November 2004 

22 Advani orders probe into 18 disappearances, The Kashmir Times, 24 January 2004 

23. Police told to probe youths’ disappearance, The Tribune, 23 August 2004 

24. Labourers working on LoC fencing reported missing, The Kashmir Times, 7 February 2004 

25. Haripora villagers protest against disappearance, The Kashmir Times, 5 May 2004 

26. Protest in Sopore after youth’s disappearance, The Kashmir Times, 21 June 2004 

27. Civilians used as shield against militants, The Kashmir Times, 27 July 2004 


29. Encounter death: HC seeks explanation from Govt, BSF, The Pioneer, 9 December 2004 

30. J-K completed only 1 out of 54 probes ordered, The Indian Express, 2 December 2004 

31. ‘Case of mistaken identity’ The Kashmir Times, 11 January 2004 

32. Boy’s killing by troops triggers protests, The Tribune, 12 March 2004 

33. Protests as teenager shot dead, The KashmirTimes, 17 May 2004 

34. Villagers block highway over civilian’s killing, The Tribune, 11 June 2004 

35. Protest demonstrations in Damhal Hanjipora, The Kashmir Times, 29 July 2004 

36. Cops charge Army with murder in Valley firing, The India Express, 12 September 2004 

37. Massive protests in Karnah against youth’s ‘killing’, The Kashmir Times, 27 September 

2004 

38. Protest in Sopore - Slain ‘militant’ turns out to be medical employee, The Kashmir Times, 


39. Killing of civilians: FIR registered against Army, The Hindu, 9 February 2004 

40. Villagers say wounded asked to check IED, The Indian Express, 14 December 2004 

41. ‘Custody death’ draws Srinagar out on streets, The Indian Express, 18 February 2004 

42. Demonstrations in Narbal against civilian’s killing, The Kashmir Times, 18 February 2004 

307


43. Imam’s killing evokes protest demonstration in Doda, The Kashmir Times, 13 February 

2004 

44. Transporter’s death in Jammu SHO suspended, probe ordered into death, The Kashmir 

Times, 14 February 2004 

45. Protests in Anantnag as cops kill civilian, CM orders action, The Kashmir Times, 12 May 

2004 

46. One killed as police fires at protesters, The Tribune, 27 February 2004 

47. Two killed, 15 hurt in Kashmir violence, The Pioneer, 30 November 2004 

48. Security forces let loose reign of terror: Protestor killed, 4 injured in firing, The Kashmir 

Times, 1 December 2004 

49. Protests over killing of mentally challenged, The Tribune, 26 December 2004 

50. Personnel enmities playing havoc with innocents, The Kashmir Times, 7 December 2004 

51. Suomoto action on KT report, SHRC directs IGP to files, report on ‘SOG atrocities’, The 

Kashmir Times, 17 January 2004 

52. Army excesses in Doda village, Villagers beaten up after encounter, The Kashmir Times, 

12 February 2004 

53. Army excesses triggers protests, 3 militants killed in Valley, The Kashmir Times, 25 

February 2004 

54. APDP members beaten up Mercilessly, The Kashmir Times, 21 March 2004 

55. The Kashmir Times, 13 May 2004 

56. Protest against security forces in Sopore, The Kashmir Times, 25 August 2004 

57. Youth injured as cops open fire on protestors, The Kashmir Times, 7 December 2004 

58. Armymen go berserk in city, beat up cops, photo journalists, The Kashmir Times, 11 

October 2004 

59. New ultra acts to terrorise J&K, The Statesman, 22 March 2004 

60. Militants chop off ears to scare away voters, The Hindustan Times, 22 April 2004 

61. 21 hurt in mosque blasts, The Tribune, 10 January 2004 

62. 17 BSF jawans, 18 family members killed, The Tribune, 24 May 2004 

63. 22 civilians injured in Bijbehera blasts, The Kashmir Times, 24 June 2004 

64. 4 killed, 38 injured in Kapran blast, The Kashmir Times, 20 July 2004 

65. The Asian Age, 16 August 2004 

66. 2004 witnessed less violence: Govt, The Kashmir Times, 2 January 2005 

67. PDP leader shot dead, 2 policemen with him, The Indian Express, 17 February 2004 

68. Another PDP leader killed, The Pioneer, 18 February 2004 

69. PDP activist shot dead, The Kashmir Times, 20 December 2004 

70. 2004 witnessed less violence: Govt, The Kashmir Times, 2 January 2005 

71. Cong leader shot in Anantnag, The Tribune, 30 September 2004 

72. The Times of India, 9 November 2004 

308


73. 2004 witnessed less violence: Govt, The Kashmir times, 2 January 2005 

74. Ultras attack NC rally in Doda, 2 killed, 60 hurt; CPM motorcade attacked in Pulwama, 

The Tribune, 29 April 2004 

75. Safdar Beigh shot dead in Anantnag, PSO injured, The Kashmir Times, 22 October 2004 

76. Shot by militants, Mirwaiz kin dies, The Indian Express, 8 June 2004 

77. Hurriyat dove shot in Srinagar, The Hindustan Times, 1 October 2004 

78. Militants shoot ‘informer’, The Tribune, 14 March 2004 

79. Man shot dead in Ramban, The Kashmir Times, 30 April 2004 

80. 4 civilians shot dead in Jammu region, The Kashmir Times, 25 May 2004 

81. 2 civilians killed in Rajouri, cops shot in Kishtwar, The Kashmir Times, 14 August 2004 

82. Three beheaded in Rajouri, The Tribune, 9 September 2004 

83. Civilian killed in Gool, 2 over - ground workers nabbed in Doda, The Kashmir Times, 28 

December 2004 

84. Man, son shot dead by ultras in Mahore, The Kashmir Times, 18 February 2004 

85. Civilian shot death in Banihal, The Kashmir Times, 18 May 2004 

86. Man hanged to death by militants, Kashmir Times, 19 August, 2004 

87. 4 of family massacred in Mahore, The Kashmir Times, 19 August 2004 

88. Militants send a reminder, The Indian Express, 17 November 2004 

89. Militants kill couple, cable operator in J&K, The Deccan Herald, 12 January 2004 

90. Civilian shot dead by ultras, The Kashmir Times, 7 February 2004 

91. Militants blast house, two children killed, The Indian Express, 23 March 2004 

92. Civilian shot dead by ultras in Gandoh, The Kashmir Times, 9 April 2004 

93. 5 Policemen Killed In Militant Attack, The Deccan Herald, 3 July 2004 

94. Ex-BSF official, 4 family members gunned down by militants in Rajouri, The Kashmir 

Times, 21 July 2004 

95. Militants slit throats of three, The Tribune, 14 September 2004 

96 Militants slit throat of 18 year old, The Kashmir Times, 3 November 2004 

97. 3 militants among 7 killed, Qazi Afzal’s nephew abducted by ultras in Ganderbal, The 

Kashmir Times, 10 February 2004 

98. Militants storm school take students hostage, The Times of India, 12 March 2004 

99. Teacher kidnapped, shot at in Budgam, The Kashmir Times, 30 April 2004 

100. Abductors kill engineer, brother in J&K, The Deccan Herald, 26 June 2004 

101. Civilian abducted in Rajouri, The Kashmir Times, 1 August 2004 

102. Militants kidnap Kashmir CM’s nephew, The Times of India, 24 September 2004 

103. Year that was: 2004 -Women hog limelight but for all wrong reasons, The Kashmir Times, 

3 January 2005 

104. Protest over woman allegedly killed in lathicharge, The Kashmir Times, 19 February 2004 

309


105. Kashmiris protest schoolgirl’s torture, The Asian Age, 10 July 2004 

106. Armymen rape woman, minor daughter in J&K, The Statesman, 9 November 2004 

107. Army Major gets the boot for outraging modesty of girl (12), The Free Press Journal, 1 

February 2005 

108. BSF man rapes woman, The Kashmir Times, 3 January 2004 

109. Raped, J-K girl set herself afire, dies in hospital, The Indian Express, 10 March 2004 

110. Cops held on charge of raping minor, The Tribune, 18 April 2004 

111. Probe ordered into molestation by jawans, The Tribune, 8 May 2004 

112. Jawan molests girl in Kupwara, The Times of India, 17 May 2004 

113. CRPF detains molests girl protests in Lower Munda, Kashmir Times, 12 September 2004 

114. 4 security men, 3 others gang rape girl, The Kashmir Times, 29 October 2004 

115. Woman ‘raped, killed’ by forces, The Kashmir Times, 20 December 2004 

116. Another rape charge against Army, now in Anantnag, The Indian Express, 23 December 

2004 

117. Army denies Sheikhpora-Sallar rape charge - Soldier dismissed for misconduct, gets one 

year RI, The Kashmir Times, 28 November 2004 

118. Militants kill three women, The Tribune, 28 January 2004 

119. Militants kill three women, The Tribune, 28 January 2004 

120. The Kashmir Times, 29 February 2004 

121. Militants torture to death ‘informant’ widow, The Shillong Times, 11 May 2004 

122. Militants torture 4 of family to death, The Tribune, 11 June 2004 

123. Militants chop off woman’s nose, tongue, The Hindustan Times, 12 July 2004 

124. Scarred for life, The Statesman, 14 December 2004 

125. 3 of family hacked to death, SPO killed, The Kashmir Times, 27 July 2004 

126. Woman shot dead by militants in Doda, The Kashmir Times, 23 August 2004 

127. Youth killed; mother, sister shot at by militants in Rajouri, The Kashmir Times, 3 


128. Militants beat women in Rajouri, Kashmir Times, 11 September 2004 

129. Daughter of CPI-M activist among 3 killed in valley, The Kashmir Times, 13 September 

2004 

130. Militants kill six civilians in J&K, The Central Chronicle, 26 October 2004 

131. 326 detenues released in PDP-Congress rule, The Kashmir Times, 29 February 2004 

132. 533 persons languishing in jails, The Kashmir Times, 24 February 2004 

133. 537 persons detained under PSA in J&K, The Kashmir Times, 20 August 2004 

134. J&K panel reviews cases of Public Safety Act detainees, The Hindu, 30 January 2004 

135. Centre approves release of 24 detenues under PSA, The Kashmir Times, 6 March 2004 

136. Court orders release of doctor, The Tribune, 14 June 2004 

310


137. 86 POTA detenues released: Veeri, The Kashmir Times, 26 February 2004 

138. Kashmir Bar releases report on J&K jails, The Kashmir Times, 25 April 2004 

139. Mystery shrouds detenue’s death, The Kashmir Times, 9 June 2004 

140. Militants not being released despite court orders: Hurriet, The Kashmir Times, 23 July 

2004 

141. Detenues not allowed to attend courts on false pretexts, The Kashmir Times, 8 December 

2004 

142. J&K seeks special employment package for KPs, The Kashmir Times, 18 December 2004 

143. J&K mulls job package for Pandits, The Pioneer, 23 December 2004 

144. Centre has given nod to migrant - rehabilitation package: J&K govt, The Kashmir Times, 


145. Central team in Jammu to study pandits’ issues, The Economic Times, 20 December 2004 

146. J&K mulls job package for Pandits, The Pioneer, 23 December 2004 

147. Refugees leading miserable lives despite ceasefire, The Tribune, 28 November 2004 

148. Massive protest demonstration at Khour, The Kashmir Times, 3 March 2004 

Jharkhand 

1. PWG proposes talks, Munda still cautious, The Indian Express, 21 June 2004 

2. Police a mute spectator to MCC-PWG merger, The Pioneer, 11 November 2004 

3. PWG offers conditional talks with Jharkhand Govt, The Pioneer, 21 June 2004 

4. Human rights jab at cops, NSS, The Telegraph, 10 July 2004 

5. Rights rap on Longo rebel-hunters, The Telegraph, 12 May 2004 




9. Nephew kidnap accused dies in custody, The Telegraph, 3 July 2004 

10. Jail death probe cries murder, The Telegraph, 14 August 2004 

11. NHRC seeks jail report, The Telegraph, 6 September 2004 

12. Lawyers get taste of khaki fury, The Telegraph, 29 April 2004 

13. Human rights jab at cops, NSS, The Telegraph, 10 July 2004 

14. Rights probe into police torture, The Telegraph, 6 July 2004 

15. Raid on tribal home for gizmos, The Telegraph, 2 December 2004 

16. 9 scribes summoned to Naxalite court, The Deccan Herald, 18 May 2004 

17. Four persons killed by rebels in Jharkhand, The Deccan Herald, 13 May 2004 

18. MCCI activists kills two persons on Giridih-Hazaribagh border, The Ranchiexpress, 17 

May 2004 

311


19. MCC abducts BDO, 3 others, The Pioneer, 12 January 2004 

20. Rebels blow up railway station in Jharkhand, The Deccan Herald, 8 January 2004 

21. MCC activists blow up govt building, The Times of India, 21 July 2004 

22. Jharkhand Naxals blast rly station, The Pioneer, 25 October 2004 

23. Naxalites blow up guest house in Jharkhand, The Deccan Herald, 17 November 2004 

24. Illegal mining taking heavy toll of women in Jharkahnd: NCW, The Kashmir Times, 23 

December 2004 

25. Stripped, tonsured, flogged... all for love, The Times of India, 12 December 2004 

26. Stripped, tonsured, flogged... all for love, The Times of India, 12 December 2004 

27. Tribal population in Jharkhand registers sharp decline over years, The Ranchiexpress, 12 

July 2004 

28. Inclusion of Kurmis in ST list causes dispute in Jharkhand, The Deccan Herald, 2 

December 2004 

29. Tribals irked by move to appease backwards, The Pioneer, 30 November 2004 

30. 48-hour chakka jaam in Jharkhand, The Deccan Herald, 18 December 2004 

31. Tribal battle cry to reclaim lost land, The Telegraph, 25 September 2004 

32. The displaced left to fend for themselves in Jharkhand, The Pioneer, 18 August 2004 

33. The displaced left to fend for themselves in Jharkhand, The Pioneer, 18 August 2004 

34. Cabinet approves amendment to State’s rehabilitation policy, Ranchi Express, 5 December 

2004 

35. Tribals’ land being grabbed with impunity, The Times of India, 15 May 2004 




39. Tribals live with fluorosis as govt turns blind eye, The India Express, 13 January 2004 

40. A tribe’s fight for survival Pahariyas battle the scourge of disease, The Telegraph, 4 August 

2004 

41. A tribe’s fight for survival Pahariyas battle the scourge of disease, The Telegraph, 4 August 

2004 

42. 14 starvation deaths ‘reported’ in Jharkhand, The Central Chronicle, 20 September 2004 

43. Starvation deaths, The Hindu, 21 September 2004 

44. NHRC asks Jharkhand to explain ‘starvation’ deaths, The Deccan Herald, 7 October 2004 

45. Court whip on hunger death, The Telegraph, 17 April 2004 

46. Woman dies of starvation in Jharkhand, The Deccan Herald, 28 August 2004 

47. Jharkhand farmer’s suicide may be tip of iceberg, The Pioneer, 6 September 2004 

48. Starvation whiff in twin deaths, The Telegraph, 21 October 2004 

312


49. Starvation whiff in twin deaths, The Telegraph, 21 October 2004 

50. Jharkhand people denied food for reporting hunger death, The Shillong Times, 28 October 

2004 

51. Jharkhand top in POTA arrests, The Central Chronicle, 12 June 2004 

52. Pota: A law more misused than used, The Times of India, 2 June 2004 


54. State top on list of Pota false cases, The Telegraph, 16 July 2004 

55. State top on list of Pota false cases, The Telegraph, 16 July 2004 

56. Affidavit of the victim is available with Asian Centre for Human Rights. 

57. Affidavit of the victim is available with Asian Centre for Human Rights. 

58. 145 POTA detenues released in Jharkhand, The Kashmir Times, 11 June 2004 

Karnataka 

1. YSR neighbour Dharam stays garam on Naxals, The Pioneer, 13 October 2004 

2. CM invites Naxals for talks, The Deccan Herald, 24 June 2004 

3. PWG urges govt to fulfil various demands, The Deccan Herald, 6 July 2004 

4. Lock up death: Pavagada inspector suspended, The Deccan Herald, 18 March 2004 

5. Naxals attack farmer for helping police, Deccan Herald, 23 November 2004 


7. Lock up death: Pavagada inspector suspended, The Deccan Herald, 18 March 2004 

8. Watchman detained illegally by police dies mysteriously, The Deccan Herald, 3 June 2004 

9. Frenzied mob protest against police ‘atrocities’ in Sindhanur, The Deccan Herald, 5 

December 2004 

10. Hoysala police accused of beating up doc, The Deccan Herald, 3 January 2004 

11. Arrested youth allege torture by MEG personnel, The Deccan Herald, 27 May 2004 

12. Police beat up hotel room boy, leave him semi-conscious, The Deccan Herald, 4 June 

2004 

13. Office boy beaten up: Meeting to discuss further action, The Deccan Herald, 10 June 

2004 

14. Transsexual complains of police harassment, The Central Chronicle, 24 June 2004 

15. Mobile theft lands boys in ‘torture chamber’, The Deccan Herald, 29 October 2004 

16. Children identify ‘torturer’, The Hindu, 27 November 2004 

17. Mystery shrouds ‘rape’ of undertrial by police, The Deccan Herald, 6 October 2004 

18. SC dismisses appeal in Gulbarga rape case, The Deccan Herald, 3 February 2004 

19. Constable rapes school girl, The Deccan Herald, 21 October 2004 

20. JVV protest atrocities on Dalits, The Deccan Herald, 13 May 2004 

313


21. Atrocities on Dalits increasing, The Deccan Herald, 28 August 2004 

22. Evacuation of Sargodu, Masagali forest area encroachment soon, Deccan Herald, 7 June 

2004 

23. The Nagarahole experience, The Deccan Herald, 20 February 2004 

24. Naxal problem: Government plans to buy land, The Hindu, 29 October 2004 

25 . Copyright (c) 2002 Society for Environmental Communications 

26. Protest against farmers’ eviction, The Deccan Herald, 28 December 2004 

27. Tribals press for their rights, The Deccan Herald, 30 December 2004 

28. SC panel to protect NGO targeted by forest staff, The Indian Express, 29 April 2004 

29 Undertrial’s suicide: DIG visits Bijapur, The Telegraph, 5 July 2004 

30. Prisoners complain of ill-treatment, The Deccan Herald, 11 December 2004 

31. Delayed justice: Man pelts stone at judge, The Deccan Herald, 25 February 2004 

32 Norms On Producing Prisoners Every 15 Days Flouted, The Deccan Herald, 6 October 

2004 

33. A sorry state of childhood, The Deccan Herald, 11 December 2004 

34. State plans to eradicate child labour by 2007, The Hindu, 13 June 2004 

35. Death of another child labourer in Davangere, The Deccan Herald, 13 December 2004 

36. Bonded labour case throws light on inhuman conduct, The Deccan Herald, 9 January 2004 

37. Death of another child labourer in Davangere, The Deccan Herald, 13 December 2004 

Kerala 

1. Kerala HC stays functioning of SHRC, The Central Chronicle, 12 March 2004 

2 . Please refer to the NHRC Annual Reports for respective years. 

3 . Custodial death: SI, four constables suspended, The Hindu, 18 May 2004 

4. http://www.ahrchk.net/ua/mainfile.php/2004/843/ 

5. Activists allege police atrocity at Bantwal, The Hindu, 21 January 2004 


7. http://www.indiatogether.org/2004/nov/gov-shockrod.htm 


9. Indigenous World 2005, International Work Group for Indigenous Affairs, Copenhagen 

10. Tribal land alienation rampant, The Hindu, 19 July 2004 

11. Tribal land alienation rampant, The Hindu, 19 July 2004 

12. Tribal unwed mothers never kill their kids, The Deccan Herald, 12 June 2004 

13. Kerala farmers’ suicide toll touches 17, The Deccan Herald, 5 April 2004 


314



16. Kerala ryots suicides: NHRC seeks report, The Deccan Herald, 1 June 2004 

Maharashtra 

1. 9,000 kids starve to death in shining India, The Times of India, 6 July 2004 

2. The Free Press Journal, 22 January 2005 

3. Three-member panel to review MCOCA, The Indian Express, 5 June 2004 

4. Cleared by POTA panel, blast accused gets bail, The Indian Express, 17 April 2004 


6. Six policemen booked for custodial death, The Free Press Journal, 28 August 2004 

7. Woman detenu commits suicide at bandra police station, The Free Press Journal, 13 March 

2004 

8. High Court summons CID chief over custodial death, The Free Press Journal, 9 April 2004 

9. Assaulter dies in custody, The Free Press Journal 1 September 2004 

10. Bike Lifter dies in police custody, The Free Press Journal, 3 September 2004 

11. Action against police officers in custodial death case ordered, The Hindu, 1 May 2004 

12. Supreme Court ruling puts police under pressure, The Hindu, 22 August 2004 

13. Cop held for raping minor was ‘notorious’, The Times of India, 3 September 2004 

14. Soldier held in rape Case, The Times of India, 13 October 2004 

15. Cop held for rape, abduction of minor, The Times of India, 15 December 2004 

16. 35 cops arrested for ‘beating up’ locals, The Indian Express, 17 February 2004 

17. Constable, friend held for assaulting hotel owner, The Free Press Journal, 19 May 2004 

18. Don’t tell India Shining to these Dalits, The Indian Express, 31 March 2004 

19. Dalit beaten up by upper caste people, The Free Press Journal, 4 May 2004 

20. Dalit woman sets herself ablaze in police station premises, The Free Press Journal, 26 May 

2004 

21. Dalit woman burnt alive at police station, The Tribune, 26 May 2004 

22. Dalit woman’s suicide rocks Maharashtra Assembly, Indian Express, 26 May 2004 

23. Tribal superstitions frustrate govt initiatives, The Deccan Herald, 15 July 2004 

24. Govt’s conducted tour for tribals: world outside Naxal land, The Indian Express, 11 June 

2004 

25. ‘Operation Karn’ to the succour of children, The Hindu, 8 July 2004 

26. 9,000 kids starve to death in shining India, The Times of India, 6 July 2004 

27. Malnutrition claims 435 children in three months, The Deccan Herald, 13 July 2004 

28. Tragedy beyond numbers, The Hindu, 7 July 2004 

315


29. HC and PMO move for Maharashtra’s tribal children, The Times of India, 7 July 2004 

30. Exaggerated, and how, The Indian Express, 10 July 2004 

31. Shinde must clarify on malnutrition deaths: BJP, The Free Press Journal, 18 July 2004 

32. ‘Operation Karn’ to the succour of children, The Hindu, 8 July 2004 

33. The yellow-eyed orphans of hunger, The Indian Express, 23 July 2004 

34. Report indicts Maharashtra govt for malnutrition deaths, The Times of India, 19 December 

2004 

35. Three-member panel to review MCOCA, The Indian Express, 5 June 2004 

36. On his home turf, Shinde drops POTA charges against 29, The Indian Express, 14 February 

2004 

37. Cleared by POTA panel, blast accused gets bail, The Indian Express, 17 April 2004 

38. POTA accused moves court against PP, The Indian Express, 21 October 2004 

Manipur 

1. Strength of Manipur commandos to be increased to 1800, The Assam Tribune, 31 October 

2004 

2. The Imphal Free Press, Imphal, August 21, 2004 

3. Army fined for custodial death, The Sangaiexpress, 4 June 2004 

4. 264 UG cadres detained under NSA in last two years, The Kanglaonline, 7 June 2004 

5. 20 detained under NSA, The Kanglaonline, 20 August 2004 

6. Another 12 persons including 11 women detained under NSA, The Sangaiexpress, 21 

August 2004 

7. The Assam Tribune, Guwahati, 27 March 2004 

8. Over 600 villagers flee Sajik Tampak areas, The Assam Tribune, 8 May 2004 

9. Army takes control of Sajik Tampak village, The Sangaiexpress, 7 May 2004 


11. Youth shot dead amid conflicting claims, The Sangai Express, Imphal, 3 March 2004 

12. Tension over killing of Manipur College student, The Assam Tribune, 13 March 2004 

13. Bereaved mom files Case, The Sangaiexpress, 5 October 2004 

14. Seven killed in encounters, foul play alleged, the Sentinel, 13 March 2004 

15. Public outcry over killing of Manipur student, The Shillong Times, 11 March 2004 

16. Protest backlash over youths’ killing, The Telegraph, Kolkata, 11 March 2004 

17. Protest backlash over youths’ killing, The Telegraph, 11 March 2004 

18. Protest backlash over youths’ killing, The Telegraph, 11 March 2004 

19. Yet another extra judicial killing slur on security personnel, The Sangaiexpress, 16 March 

2004 

316


20. Naoba’s dead body claimed after negotiations, Kanglaonline, 19 March 2004 

21. One shot dead by SF, after arrest says family, encounter claims SF, The Kanglaonline, 

Imphal, 17 March 2004 

22. Probe into killing of youth by AR, The Central Chronicle, Bhopal, 7 May 2004 

23. RIMS erupt in protest over campus killing, The Sangai Express, Imphal, 26 May 2004 

24. Minister kin dies in army custody, The Telegraph, Kolkata, 2 June 2004 

25. Protest erupts over alleged custodial killing, The Sangai Express, Imphal, 1 June 2004 

26. Army balm on custody death, The Telegraph, Kolkata, 3 June 2004 

27. Mob melee over death in custody, The Telegraph, Kolkata, 4 June 2004 

28. Bungte villagers allege fake encounter, The Kanglaonline, Imphal, 8 June 2004 

29. Litan tension over custodial death unabated, The Kanglaonline, 11 June 2004 

30. Litan erupts over lock up death, road blocked, The Sangaiexpress, 11 June 2004 

31. Police submit report on Litan custodial death Case, The Sangaiexpress, 15 December 2004 

32. Strike called to protest SF killing, The Kanglaonline, Imphal, 12 June 2004 

33. Jiri killing sparks tension, The Kanglaonline, Imphal, 28 June 2004 

34. Another slur on security force, The Sangaiexpress, 28 June 2004 

35. Kuki bodies flay AR for killing pastor, The Sangai Express, Imphal, 13 July 2004 

36. Report takes sting out of pastor killing slur, The Sangaiexpress, 5 September 2004 

37. Killing casts slur on police, The Sangaiexpress, 1 September 2004 

38. DGP’s report sought on Nandalal killing Case, The Sangaiexpress, 4 September 2004 

39. Policemen kill unarmed civilian over traffic argument, The Sangaiexpress, 21 October 2004 

40. Manipur killer cop arrested, The Telegraph, 22 October 2004 

41. KSO calls 24 hr bandh against killing, The Sangaiexpress, 27 October 2004 

42. Rebel’ deaths spark protest, The Telegraph, 27 October 2004 

43. Cops suspended, KSO calls off stir, The Sangaiexpress, 30 October 2004 

44. Retired judge Gourachand appointed to inquire into New Checkon killings; Economic 

blockade called off from today, Kanglaonline, 29 November 2004 

45. Soldiers gun down 75-year-old teacher, The Telegraph, 18 November 2004 

46. Judicial inquiry ordered into Rengtuiwan killing, The Kanglaonline, 18 December 2004 

47. Troops kill CCpur youth in custody, The Kanglaonline, 28 December 2004 

48. Troops kill CCpur youth in custody, The Kanglaonline, 28 December 2004 

49. Youth shot by Imphal E police at ambush site, The Kanglaonline, 30 December 2004 

50. Controversy surrounds Napetpalli encounter , The Kanglaonline, 31 December 2004 

51. Encounter claim refuted, probe demanded, The Sangaiexpress, 31 December 2004 

52. Three picked up without issuing arrest memos, The Sangai Express, 26 March 2004 

53. MHRC asks the DGP to locate CRPF detainee, The Kanglaonline, 2 April 2004 

317


54. KSO leader narrates harrowing tale, The Sangaiexpress, 12 April 2004 

55. AR atrocities in attack aftermath search at Keirak condemned, The Kanglaonline, 4 April 

2004 

56. Police chief asked to locate arrested youth, The E-Pao, 1 May 2004 

57. Women folk block road to protest arrest, The Sangai Express, 26 May 2004 

58. Rights body condemns CRPF assault on civilians, The Sangaiexpress, 22 June 2004 

59. Refusing drinks from cops proves costly for driver, The Sangaiexpress, 2 November 2004 

60. Wangjing case reach MHRC, The Sangaiexpress, 19 December 2004 

61. 68 held in police crackdown, Govt mulls banning bodies, The Sangaiexpress, 19 August 

2004 

62. 17 more protest groups activists arrested, The Kanglaonline, 21 August 2004 

63. 18 students arrested in Manipur, The Hindu, 27 August 2004 

64. 8 more agitators arrested, The Kanglaonline, 28 August 2004 

65. Manipur heat on, 50 nurses arrested, The Sentinel, 30 August 2004 

66. Arrest memo in possession of the Asian Centre for Human Rights. 

67. Arrested woman found brutally killed, The Sangai Express, Imphal, 12 July 2004 

68. Rape slur casts on Chandel SP, The Sangaiexpress, 31 March 2004 

69. Judicial remand for T Samte, The Telegraph, 6 May 2004 

70. Police officer suspended on rape charges, The Statesman, 11 May 2004 

71. Cops thrash woman at bus terminus, The Sangaiexpress, 9 November 2004 

72. Woman allegedly raped by IRB personnel, The Kanglaonline, 27 December 2004 

73. Army fined for custodial death, The Sangaiexpress, 4 June 2004 

74. Bereaved mom files Case, The Sangaiexpress, 5 October 2004 

75. Protest rally in Manipur, The Sentinel, 14 March 2004 

76. Naoba’s dead body claimed after negotiations, Kanglaonline, 19 March 2004 

77. Probe into killing of youth by AR, The Central Chronicle, Bhopal, 7 May 2004 

78. Ibid 

79. Retired judge Gourachand appointed to inquire into New Checkon killings; Economic 

blockade called off from today, Kanglaonline, 29 November 2004 

80. Judicial inquiry ordered into Rengtuiwan killing, The Kanglaonline, 18 December 2004 

81. The Statesman, New Delhi, 24 February 2004 

82. Ibid 

83. UNLF regrets killing child, promises action, The Statesman, New Delhi, 25 February 2004 

84. The Kanglaonline, Imphal, 23 March 2004 

85. The Assam Tribune, Guwahati, 27 March 2004 

86. KYKL guns down retired police chief Lairenjam Jugeshwar outside his house, The 

318


87. 

Kanglaonline, 25 April 2004 

Kuki outfit claims responsibility for custodial killing, The Assam Tribune, 2 November 

2004 

88. CCpur killings spark tremors , Kanglaonline, 4 December 2004 

89. Militants’ killing spree sparks tension in Yaingangpokpi, nearby areas, The Kanglaonline, 


90. Former President of ATSUM among two shot dead at Lamphel, The Kanglaonline, 17 

December 2004 

91. Body recovered, ZRA claims responsibility, http://northeasttribune.com/brknews.htm 

92. Militants thrash youths in Ccpur, The Kanglaonline, 6 May 2004 

93. Ultra outfit punishes ‘errant’ teachers in Manipur, The Assam Tribune, 27 November 2004 

94. Kukis face NSCN heat, The Telegraph, 3 December 2004 

95. Abducted drivers still missing despite manhunt, The Kanglaonline, 2 July 2004 

96. Manipuris protest abduction, The Telegraph, 9 July 2004 

97. After 33 days, PHED men freed, The Sangaiexpress, 13 December 2004 

98. Militants abduct Manipur University V-C & registrar, The Indian Express, 17 December 

2004 

99. Rs 1 cr demand for Manipur VC, Registrar’s release, The Assam Tribune, 18 December 

2004 

100. KYKL releases Manipur V-C, registrar with bullet wounds, The Indian Express, 19 

December 2004 

Meghalaya 

1. Centre, Meghalaya ultras sign peace pact, The Hindustan Times, 24 July 2004 

2. New militant body launched in Garo Hills, more violence feared, The Assam Tribune, 29 

March 2004 

3. Probe ordered into custodial death, The Shillong Times, 20 February 2004 


5. Magisterial probe into ‘killing’ of civilians ordered, The Assam Tribune, 20 February 2004 

6. Probe ordered into custodial death, The Shillong Times, 20 February 2004 

7. Public irate over killing of 3 civilians in West Garo Hills, The Assam Tribune, 28 February 

2004 

8. Army shot dead innocents in Garo Hills, villagers allege, The Sentinel, 27 February 2004 

9. Army eviction drive in Shillong draws flak, The Assam Tribune, 8 January 2004 

10. HC directive to produce police torture victim, The Shillong Times, 8 July 2004 

11. Highhandedness by Army alleged in Ri-Bhoi, The Shillong Times, 12 July 2004 

12. Rehab package for ultras tabled in Meghalaya House, The Sentinel, 21 June 2004 

319


13. NDFB mows down five in Garo Hills, The Shillong Times, 3 December 2004 

14. Abducted police officer’s body recovered, The Sentinel, 14 March 2004 

15. Garo ultras abduct father, son, The Assam Tribune, 12 February 

16. Militants abduct minor from Garo Hills, The Assam Tribune, 19 October 2004 

17. 200 Khasi families flee Cachar hills, The Shillong Times, 2 December 2004 

18. 4000 flee to Meghalaya, The Central Chronicle, 19 November 2003 

19. The Telegraph, 3 August 2003, Relief sought for riot-hit families 

Mizoram 

1. Mizoram accord with BNLF ready, says Zoramthanga, The Free Press Journal, 10 October 

2004 

2. Right to Information Act voted down in Mizoram, The Shillong Times, 20 March 2004 

3. Mizoram documents traditional Laws, The Pioneer, 11 December 2004 

4. Communication from Human Rights and Law Network 

5. NGOs allege rape by CIJWS students, The Sentinel, 4 November 2004 

6. Anger simmers over rape by jawans, The Tribune, 17 November 2004 

7. Jawan fired for molesting woman, Deccan Chronicle, 2 December 2004 

8. Bru militants abduct youth: talks likely to suffer, The Sentinel, 4 February 2004 

9. 6 Bru ultras surrender to Mizoram police, The Newslink, 10 March 2004 

10. Mizoram tribal refugees to be taken back: Zoramthanga, The Kashmir Times, 25 January 

2004 

11. MBDPF bewails neglect of Bru refugees, threatens agitation, The Sentinel, 8 January 2004 

12. BNLF all set to shun violence, The Sentinel, 18 December 2004 

13. Mizoram accord with BNLF ready, says Zoramthanga, The Free Press Journal, 10 October 

2004 

14. Postal ballot for Reang migrants, The Deccan Herald, 24 March 2004 

15. Mizoram State Election Dept completes special revision of electoral rolls, The Shillong 

Times, 22 August 2003 

16. Reang refugees allowed to vote in Mizoram, The Assam Tribune, 17 November 2003 

17. Court issues notice to Tripura, Mizoram, The Deccan Herald, 18 October 2004 

18. Call for rehabilitation of Chin refugees, The Shillong Times, 9 July 2004 

19. Burmese refugees can stay till further notice: MEA, The Tribune, 15 September 2004 

20. Kolkattans take exception to April 7 deadline, The Newslink, 17 March 2004 

21. Illegal settlers face flush-out, The Telegraph, 10 April 2004 

22. Mizo students ask non-tribal traders to close shop, The Pioneer, 29 April 2004 

23. Sectarian violence breaks out in Mizoram after girl’s murder, The Pioneer, 20 May 2004 

320


24. 20 injured in ethnic flare-up, The Central Chronicle, 17 May 2004 

25. Human Rights groups condemn mob action, administration’s prevention measures, The 

News Link, 18 May 2004 

26. Sectarian violence breaks out in Mizoram after girl’s murder, The Pioneer, 20 May 2004 

27. Mizoram tribes demand UT status, The Statesman, 30 December 2004 

28. Mizoram’s Turial Hydro Power Project affects 400 families, The Assam Tribune, 3 August 

2004 

29. NGO upset over Mizo Govt’s agreement with NEEPCO, The Shillong Times, 11 May 2004 

30. Mizoram’s Turial Hydro Power Project affects 400 families, The Assam Tribune, 3 August 

2004 

31. Communications from Human Rights and Law Network, Aizawl 

32. Ibid 

Madhya Pradesh 

1. Custody death cloud on cops, The Telegraph, 18 November 2004 

2. State Pulse Madhya Pradesh: Custodial death: A blot on police, The Central Chronicle, 3 


3. Justice Shukla irked over rights violations, The Central Chronicle, 29 February 2004 

4. 30 Yadavs rape three Dalits, The Statesman, 11 July 2004 

5. Probe ordered into gang-rape, The Deccan Chronicle, 12 July 2004 

6. Sangh-sponsored probe into cops who took action in Ujjain, The Indian Express 25 

February 2004 


8. MP’s Commercial Tax DC dies in police custody, The Central Chronicle, 16 July 2004 

9. Judicial probe ordered into official’s death, The Hindu, 17 July 2004 

10. Minor tribal dies in police custody, The Central Chronicle, 7 August 2004 

11. Custody death cloud on cops, The Telegraph, 18 November 2004 

12. State Pulse Madhya Pradesh: Custodial death: A blot on police, The Central Chronicle, 3 


13. Communal clash in Bhopal, 1 killed in police firing, The Hindustan Times, 27 October 

2004 

14. One killed in police firing: Communal tension at Shahjehanabad, The Central Chronicle, 

27 October 2004 

15. Six agitators injured in lathicharged, The Pioneer, 5 December 2004 

16. Convicts entitled to treatment: MPHRC, The Central Chronicle, 25 March 2004 

17. Officials responsible for inmate’s death: MPHRC, The Central Chronicle, 30 May 2004 

18. Convicts entitled to treatment: MPHRC, The Central Chronicle, 25 March 2004 

321


19. Sexual abuse rampant in MP prisons, The Pioneer, 13 September 2004 

20. Four police jawans sentenced for gang rape, The Central Chronicle, 14 April 2004 

21. ASI suspended for misbehaving with women, The Pioneer, 24 November 2004 

22. Police thwart sati bid in MP village, The Times of India, 6 September 2004 

23. Dalit leader blinded; brother killed, The Indian Express, 4 February 2004 

24. Dalit MLA not allowed to hoist tricolour on I-Day, The Hindustan Times, 17 August 2004 

25. Untouchability casts its shadow even over mid-day meal scheme, The Pioneer, 10 


26. Harassed dalits threaten to convert, The Central Chronicle, 11 October 2004 

27. Dalits got free land, but rich farmers chased them away, The Pioneer, 11 February 2004 

28. Dalits got free land, but rich farmers chased them away, The Pioneer, 11 February 2004 

29. Dalit woman raped, set on fire, The Central Chronicle, 11 February 2004 

30. Post mortem confirms Dalit was raped, The Central Chronicle, 7 March 2004 

31. Dalit woman gangraped, The Indian Express, 17 March 2004 


33. Probe ordered into gang-rape, The Deccan Chronicle, 12 July 2004 

34. Gangrape of 3 Dalit women: 11 arrested, The Tribune, 17 July 2004 


36. Two more Dalit women raped in MP, The Times of India, 12 July 2004 

37. Dalit woman stripped in public by upper caste youth, The Pioneer, 28 August 2004 

38. Tortured for drawing water from savarnas’ handpump, The Pioneer, 5 December 2004 

39. TI Suspended for perpetrating atrocities, The Central Chronicle, 26 February 2004 

40. Two accused of gang rape case nabbed, The Central Chronicle, 8 April 2004 

41. Murder, gang-rape in Umaria, The Central Chronicle, 20 April 2004 

42. Woman gangraped in Madhya Pradesh, Asian Age, 22 July 2004 

43. SC stays NDA decision on forests, The Central Chronicle, 22 February 2004 

44. 310 MP villages to be converted into revenue villages, The Central Chronicle, 22 January 

2004 

45. M.P. hails Centre’s move on forest land for tribals, The Hindu, 13 February 2004 

46. Tribals uprooted in MP, the Tribune, 10 July 2004 

47. Betul tribals forcibly evicted, The Central Chronicle, 4 August 2004 

48. 41 tribals missing after forest dept raid, The Times of India, 12 July 2004 

49. “Stop Atrocities On Tribal Women In M.P. And Chhattisgarh” Jana Sangharsh Morcha, 

July 20, 2004, Tuesday http://lists.topica.com/lists/hindusthanchurch/read/message.html? 

mid=910455160&sort=d&start=122 

50. 97 villages evacuated in Harsud following dam work, The Kashmir Times, 7 July 2004 

322


51. 29,403 ISP displaced families rehabilitated, The Hindustan Times, 9 July 2004 

52. Rehabilitation for oustees of Indira Sagar dam poor, The Deccan Herald, 2 July 2004 

53. http://www.narmada.org/nba-press-releases/september-2004/Sep06.html 

54. http://www.narmada.org/sardarsarovar.html#intro 

55. Clause IX, Subclause IV(2)(iv) and Subclause IV(6)(i) 

56. http://www.narmada.org/sardarsarovar.html 

57. Sensitivity in admin needed: MPHRC, The Central Chronicle, 27 February 2004 

58. Govt ignores MPHRC recommendations, The Central Chronicle, 6 October 2004 

59. Govt ignores MPHRC recommendations, The Central Chronicle, 6 October 2004 

60. Justice Shukla irked over rights violations, The Central Chronicle, 29 February 2004 

61. HRC makes Bairagarh police cough up, The Central Chronicle, 5 April 2004 

62. Valley of fear, The Telegraph, 14 November 2004 

63. Naxals loot villae headman’s home, The Central Chronicle, 9 January 2004 

Nagaland 

1. One shot dead at Merapani, The Assam Tribune, 14 September 2004 

2. High Level Nagaland official team visits Merapani CRPF shoot out site, The Kanglaonline, 

23 September 2004 

3. Terror strikes in North-East - 35 dead, 100 injured as blasts rock Dimapur, The Tribune, 43 

October 2004 

4. Assassination bid on Dimapur doc decried, The Sangaiexpress, 31 May 2004 

5. Protest against militant excesses in Nagaland, The Assam Tribune, 26 October 2004 

6. Naga MLAs, NGOs flay killing of NYM President, The Sentinel, 25 December 2004 

7. Naga students in deportation drive, The Telegraph, 19 March 2004 

8. Communal tinge to rape slur, The Telegraph, 4 August 2004 

9. Teacher killed at Chingmeirong, Kanglaonline, 23 November 2004 

Orissa 

1. State records 469 murders, 276 rape cases from Jan-May this year: CM, The Pragativadi, 

14 July 2004 

2. Six Orissa MLAs have NBWs against them, 50 face cases, The Pioneer, 1 November 2004 

3. 18 Naxalites detained at Malkangiri, The Paragativadi, 18 September 2004 

4. Tribal spends 11 years in jail despite bail order, Deccan Herald 10 Nov. 2004 

5. Maikanch shootout incident: Govt asked to submit report, The Pragativadi, 4 August 2004 

6. Over 4,000 cases of atrocities against SCs recorded, The Pragativadi, 21 July 2004 

323



8. Mysterious death in police station, The Dharitri, 1 January 2004 

9. Custodial death: HC directs SP to file counter, The Pragativadi, 11 August 2004 

10. Custodial death: 2 cops suspended in Orissa, The Deccan Herald, 17 September 2004 

11. Custodial death: Two cops suspended, The Pragativadi, 18 September 2004 

12. Custodial death: 2 cops suspended in Orissa, The Deccan Herald, 17 September 2004 

13. Custodial death: HC asks govt to produce records, The Pragativadi, 30 April 2004 

14. HC orders judicial probe into alleged custodial death, The Pragativadi, 11 May 2004 

15. Woman arrested instead of male accused, The Pragativadi, 15 January 2004 

16. HC orders probe into police harassment, The Pragativadi, 3 May 2004 

17. Villagers gherao PS; police denies gambler’s death, The Pragativadi.com, 18 June 2004 

18. White paper reveals rise in atrocities on women, The Pragativadi, 16 July 2004 

19. BoB gang rape victim narrates harrowing tales of torture, The Pragativadi, 26 June 2004 

20. Policemen raped me for 6 hours: Orissa woman, The Asian Age, 26 June 2004 

21. BoB gang rape case: Five APR personnel suspended, The Pragativadi, 24 June 2004 

22. BoB gang rape case takes a new turn: Victim fails to identify accused, The Pragativadi, 29 

June 2004 

23. BoB gang rape case: Court rejects bail plea of accused, The Pragativadi, 9 July 2004 

24. CRPF jawan held for raping minor, The Pragativadi, 30 October 2004 

25. Murder of AIDS patient: NCW urges CM to initiate probe, The Pragativadi, 28 October 

2004 

26. Over 4,000 cases of atrocities against SCs recorded, The Pragativadi, 21 July 2004 

27. Orissa compensates dalit victim, The Asian Age, 4 April 2004 

28. Dalits threaten to change religion, The Asian Age, 18 July 2004 

29. Attack on minorities: NHRC issues notice to district administration, The Pragativadi, 14 


30. Exodus of tribals reaches climax, The Pragativadi, 7 May 2004 

31. Govt to withdraw 11,424 cases against tribals, The Pragativadi, 12 October 2004 

32. Tribal spends 11 years in jail despite bail order, Deccan Herald 10 Nov. 2004 

33. HC imposes stay on acquisition of land by Jindal Steels, Govt. served show cause notice, 

The Dharitri, 16 January 2004 

34. Statement of Daisingh Majhi, Convenor, Niyamgiri Surakshya Samiti on 10 February 2004 

35. Kashipur alumina plant: Govt announces package for displaced tribal families, The 

Pragativadi, 21 September 2004 

36. INDUSTRIALISATION : Through the Barrel of a Gun, Orissa Govt Unleashes Terror 

Against Tribals Corporate Accountability Desk, The Other Media, 16 December 2004 

37. Maikanch shootout incident: Govt asked to submit report, The Pragativadi, 4 August 2004 

324


38 Irate tribals take forest officials as captives, The Pragativadi, 3 August 2004 

39. Tribals take land battle to door of Orissa Assembly, The Pioneer, 15 December 2004 

40. 10 tribal children die of `malnutrition’ in Orissa, The Hindu, 24 July 2004 

41. Govt rules out starvation death in Nuapada district, The Pragativadi, 1 November 2004 

42. Those Unwed Mothers, The Pioneer, 8 January 2004 

43. Govt compensates rape victim, The Pragativati, 20 October 2004 

44. Orissa PWG offers to hold talks, The Deccan Chronicle, 23 June 2004 

45. 18 Naxalites detained at Malkangiri, The Paragativadi, 18 September 2004 

46. Orissa govt shows no sign of talks with Naxalites, The Pragativadi, 22 June 2004 

47. KSS leader’s murder: Tribals stage huge rally, The Pragativadi, 27 April 2004 

48. Panic in Malkangiri as armed Naxalites abduct school student, The Pragativadi, 15 

December 2004 

Punjab 

1. NHRC declines to expand probe on ‘police killings’, The Tribune, 14 November 2004 

2. Custodial deaths on the rise in Punjab, says rights panel, The Tribune, 10 December 2004 

3. Custodial death in Tarn Taran;, The Tribune, 11 June 2004 

4. He dragged Punjab govt to court over DSP selections, they jailed his family, The Indian 

Express, 25 October 2004 



6. Captain admits to his cops’ mistake, shifts SP, seeks explanation, The Indian Express, 26 

October 2004 

7. Day after, another prisoner gets caste tattoo, The Indian Express, 4 July 2004 

8. Probe undertrials’ death: PHRO, The Tribune, 17 January 2004 

9. Caste divide claims girl’s life, The Tribune, 5 March 2004 

10. Killing of two Dalits: 6 more arrested, The Tribune, 8 August 2004 

11. Minor girl kept nude in illegal custody, The Tribune, 23 September 2004 

12. 2.72 cr relief for kin of custodial death victims, The Tribune, 12 November 2004 

13. NHRC declines to expand probe on ‘police killings’, The Tribune, 14 November 2004 

14. Notice issued in disappearance case, The Tribune, 23 January 2004 

15. PHRO Dy chief fears police harassment, The Tribune, 6 May 2004 

16. Custodial deaths on the rise in Punjab, says rights panel, The Tribune, 10 December 2004 


18. Man dies in police custody, The Times of India, 20 January 2004 

19. Custodial death: SHO, constable arrested, The Tribune, 20 February 2004 

325


20. Mob goes on rampage, Driver dies after beating by cops, The Tribune, 23 April 2004 

21. Judicial probe into driver’s death ordered, The Tribune, 24 April 2004 

22. Custodial death: SHO transferred, The Tribune, 16 May 2004 

23. Custodial death: SDM contradicts police theory, The Tribune, 22 June 2004 

24. 1 killed in police firing, The Tribune, 9 June 2004 

25. Custodial death in Tarn Taran;, The Tribune, 11 June 2004 

26. ASI held in custodial death Case, The Tribune, 12 June 2004 

27. Custodial death alleged, FIR sought, The Tribune, 25 October 2004 

28. Accused dies in police custody, The Tribune, 15 December 2004 

29. 1 dead, 200 hurt as farmers clash with cops, The Tribune, 30 March 2004 

30. Judicial probe into police firing on farmers sought, The Tribune, 8 April 2004 

31. Policemen suspended for torturing youth in Pathankot, The Times of India, 6 February 

32. Medical report confirms police torture, The Tribune, 30 March 2004 

33. SHO accused of torture, The Tribune, 23 May 2004 

34. Illegal custody of Nepali youth, The Tribune, 8 July 2004 

35. 4 cops suspended for detaining Nepalese, The Tribune, 14 July 2004 

36. Police try hard to gag ‘torture’ victim, The Times of India, 10 July 2004 

37. Man alleges police torture, in hospital for treatment, The Tribune, 4 August 2004 

38. Probe ordered into police ‘high-handedness’, The Hindu, 12 August 2004 

39. Accused seeks probe into torture, The Tribune, 30 August 2004 

40. Rights panel orders probe into torture Case, The Tribune, 24 August 2004 

41. Complainant ‘beaten up’ by police, The Tribune, 17 September 2004 





44. Captain admits to his cops’ mistake, shifts SP, seeks explanation, The Indian Express, 26 

October 2004 

45. Hotel owner detained illegally, tortured, The Tribune, 8 December 2004 

46. Probe undertrials’ death: PHRO, The Tribune, 17 January 2004 

47. Deputy Superintendent, 6 other jail officials booked, The Tribune, 20 May 2004 

48. Probe ordered into death of jail inmate, The Tribune, 29 June 2004 

49. Jail inmate dies under mysterious circumstances, The Tribune, 31 July 2004 

50. Death of inmate: jail, hospital staff lock horns, The Tribune, 13 August 2004 

51. Jail inmate tortured, The Times of India, 3 July 2004 

52. Day after, another prisoner gets caste tattoo, The Indian Express, 4 July 2004 

326


53. Objectionable word inscribed on jail inmate’s back, The Tribune, 4 July 2004 

54. Caste divide claims girl’s life, The Tribune, 5 March 2004 

55. Migrants protest against police inaction, The Tribune, 6 September 2004 

56. Widow “sold” by in-laws for Rs 25,000, The Tribune, 2 October 2004 

57. Dalit family alleges police atrocities, The Tribune, 28 January 2004 

58. They pay for breaking caste barrier, The Tribune, 15 February 2004 

59. SHO beats up youth for marrying out of caste, The Tribune, 14 February 2004 

60. SHO arrested for beating up youth, The Tribune, 19 February 2004 

61. Minor Dalit girl raped, The Tribune, 29 April 2004 

62. Dalit youth beaten to death, The Tribune, 8 June 2004 

63. Dalit paraded after blackening his face, The Tribune, 11 June 2004 

64. Face-blackening incident: victim receives threat of murder, The Tribune, 5 July 2004 

65. Cops force Dalit family out of house, The Tribune, 11 June 2004 

66. Killing of two Dalits: 6 more arrested, The Tribune, 8 August 2004 

67. Physically challenged youth beaten up by police, booked, The Tribune, 27 November 2004 

68. Dalit girl’s marriage disallowed at gurdwara, The Tribune, 7 December 2004 

69. 3 children detained illegally by police, The Tribune, 9 July 2004 

70. Minor girl kept nude in illegal custody, The Tribune, 23 September 2004 

71. Pupil stripped for refusing to help VIP cheat, The Statesman, 13 March 2004 

72. 12 SC girls to leave school in protest, The Tribune, 17 May 2004 

73. DC orders probe into torture of students, The Tribune, 6 September 2004 

74. Principal beats up boy, classmates retaliate, The Tribune, 16 September 2004 

Rajasthan 

1. Rape victim allegedly dies in police custody, The Hindu, 20 October 2004 

2. 4 farmers die in firing - Army out in Sriganganagar, The Tribune, 28 October 2004 

3. PUCL slams police for action against school students, The Hindu, 26 October 2004 

4. High Court notice to Rajasthan Chief Secretary, The Hindu, 14 October 2004 

5. Dalit girl violated, The Statesman, 13 August 2004 

6. Tribals face eviction threat from forest land, The Hindu, 19 October 2004 

7. Aliens in their own land, The Hindu, 28 September 2004 

8. Opposition attacks Raje for ignoring starvation deaths, The Pioneer, 24 September 2004 

9. The Rajasthan Patrika, 11 March 2004 


11. Please refer to the NHRC Annual Reports of the respective years 

327


12. Rape victim allegedly dies in police custody, The Hindu, 20 October 2004 

13. 4 farmers die in firing - Army out in Sriganganagar, The Tribune, 28 October 2004 

14. One more farmer killed in police firing, The Hindu, 7 December 2004 

15. The Rajasthan Patrika, 7 May 2004 

16. PUCL slams police for action against school students, The Hindu, 26 October 2004 

17. The Rajasthan Patrika, 6 November 2004. 

18. The Rajasthan Patrika, 21 November 2004 

19. Over 40 hurt in farmer-police clashes, The Tribune, 4 December 2004 

20. Farmers booked under NSA, The Tribune, 6 December 2004 

21. Rajasthan Patrika, 22 December 2004 

22. High Court notice to Rajasthan Chief Secretary, The Hindu, 14 October 2004 

23. Dalits barred entry into temple, The Hindu, 14 January 2004 

24. Panchayat holds up his home, Dalit burns self, The Indian Express, 31 January 2004 

25. Dalit girl violated, The Statesman, 13 August 2004 

26. Tribals face eviction threat from forest land, The Hindu, 19 October 2004 

27. Aliens in their own land, The Hindu, 28 September 2004 

28. Opposition attacks Raje for ignoring starvation deaths, The Pioneer, 24 September 2004 

29. Rajasthan govt denies allegation, Central Chronicle, 15 September 2004 

30. SC seeks status report on starvation deaths in Rajasthan, The Pioneer, 18 September 2004 

31. For Sahariyas unnatural deaths are normal, The Hindu, 27 September 2004 

32. Death, disease stalk Rajasthan villages, The Hindu, 26 September 2004 

33. The Rajasthan Patrika, 29 September 2004 

34. Poverty drives Dalit student to suicide, The Statesman 26 September 2004 

35. Raje prepares Rs 150 crore package for starving tribe, The Pioneer, 28 September 2004 

36. The Rajasthan Patrika, 10 July 2004 

37. The Rajasthan Patrika, 19 December 2004 

38. Honour killing case surfaces in Dausa, The Tribune, 27 September 2004 


40. Ibid 

41. Ibid 

Tamil Nadu 

1. ‘Declare Vaiko’s detention illegal’, The Central Chronicle, 15 August 2003 

2. http://www.countercurrents.org/hr-pota31303.htm 

3. Police harassment alleged in Tirupur, The Hindu, 23 January 2004 

328


4. Dalits bear brunt of TN caste war, The Telegraph, 12 July 2004 

5. Please refer to the NHRC Annual Reports for respective periods. 

6. Youth’s death triggers tension, The Central Chronicle, 4 October 2004 

7. Victim’s kin awarded relief, The Central Chronicle, 24 March 2004 

8. Shock On The Body, The Telegraph, 13 May 2004 

9. Police harassment alleged in Tirupur, The Hindu, 23 January 2004 

10. Hospitalised labourer alleges police torture, The Hindu, 12 June 2004 

11. Torture charges against 3 policemen, The Hindu, 7 July 2004 

12. TN sex workers face police ‘brutality’, The Deccan Herald, 20 August 2004 

13. Toilet torture for women, The Telegraph, 21 June 2004 

14. Ibid 

15. Dalits bear brunt of TN caste war, The Telegraph, 12 July 2004 

16. Ibid 

17. Here Dalits can’t run for a reserved post, The Indian Express, 13 September 2004 

18. Ibid 

19. Dalit’s death sparks tension, The Deccan Chronicle, 20 September 2004 


21. ‘Declare Vaiko’s detention illegal’, The Central Chronicle, 15 August 2003 


23. Jaya: POTA repeal ill-considered, The Tribune, 23 September 2004 

24. POTA review committee holds first sitting, The Hindu, 14 December 2004 

25. Tamil Nadu plea against POTA ordinance referred to Bench, The Hindu, 8 January 2005 

26. POTA review committee holds first sitting, The Hindu, 14 December 2004 

27. HC dismisses Nedumaran’s petition, The Deccan Herald, 28 March 2003 

28. POTA order: HC frees Nedumaran, 3 others, The Indian Express, 19 December 2003 

29. SC silences POTA critics, The Pioneer, 17 December 2003 

30. SC rejects TN challenge to Nedumaran’s release, The Deccan Herald, 20 December 2003 

31. Vaiko’s speech an act of terrorism: Centre, The Hindu, 30 March 2003 

32. Centre corrects stand in Vaiko case, The Hindu, 1 April 2003 

33. Mere expression of support no offence under Pota: AG, Newstime, 3 April 2002 

34. Stalin meets Vaiko, The Times of India, 8 July 2004 

35. Trial against Vaiko, 8 others stayed, The Hindu, 8 May 2004 

36. Jaya withdraws Vaiko Case, The Deccan Chronicle, 11 August 2004 

37. No Pota let-up for Vaiko, The Statesman, 3 September 2004 

38. POTA court denies bail to 8 MDMK partymen, The Times of India, 11 September 2003 

329


39. The Naxalites are left wing insurgents. 


41. Gopal booked under POTA, Poonamallee court to hear case, The Hindu, 17 April 2003 

42. Gopal had links with Veerappan, extremists: CM, The Hindu, 22 April 2003 

Tripura 

1. Sterile surrender Tripura rebeal leaders unpredictable, The Statesman, 29 December 2004 

2. Rehabilitation package on the cards, The Sentinel, 17 April 2004 

3. NLFT signs seven-point agreement, The Shillong Times, 20 December 2004 

4. Tripura 2004 - low insurgency deaths, high suicide rate, The Deccan Herald, 31 December 

2004 

5. Police face rash killing slur in Tripura, The Telegraph, 30 March 2004 

6. ’69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December 

2004 

7. Governor dissolves ADC, SK Rakesh appointed administrator, The Tripurainfo, 31 

December 2004 

8. Militants killed 271 in Tripura, The Tripurainfo, 5 October 2004 


10. NHRC team on a visit to Tripura, The Tripurainfo.com, 14 June 2004 


12. Tribal youth killed by Assam Rifles in fake encounter, The Tripurainfo, 24 March 2004 

13. CM orders Magistrate level inquiry on AR´s alleged fake encounters, The Tripurainfo, 3 

June 2004 



16. Magisterial inquiry ordered into student´s death, The Tripurainfo, 7 March 2004 

17. AR jawans went on berserk in Khowai, 22 injured, The Tripurainfo, 3 May 2004 

18. Tripura tribal youths being killed in fake encounters: Opp, The Assam Tribune, 12 January 

2004 

19. ’69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December 

2004 

20. NLFT men gun down tribal youth, The Telegraph, 30 July 2004 

21. NLFT militants kill CPM leader, The Telegraph, 25 October 2004 

22. Three children killed by militants in Mandai, The Tripurainfo, 5 August 2004 

23. Tribal killed by Tiger Force, The Telegraph, 24 November 2004 

24. Militants killed mother and daughter in west Tripura, The Tripurainfo, 12 December 2004 

330


25. Ultras kill Tripura villager, The Shillong Times, 15 December 2004 

26. Tea estate manager shot dead, The Tripurainfo, 26 December 2004 

27. Tripura killing, The Telegraph, 11 August 2004 

28. Ultras kill 4 in Tripura, The Deccan Herald, 15 March 2004 

29. Five killed by ATTF, Panic and tension, The Tripurainfo, 20 March 2004 

30. NLFT kills one at Ramratanpara, Ambassa bandh today, The Tripurainfo.com, 8 June 2004 

31. 2 minors among four killed by NLFT militants, The Assam Tribune, 25 October 2004 

32. Insurgents kill two, injure seven, The Tripurainfo, 27 October 2004 

33. ‘69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December 

2004 

34. Village chief kidnapped, The Sentinel, 18 January 2004 

35. Rebels abduct farmer, driver freed on ransom, The Telegraph, 11 March 2004 

36. No word on abducted Tripura leader, The Shillong Times, 5 July 2004 

37. Villagers abducted in Tripura, The Shillong Times, 6 July 2004 

38. ATTF kidnap youth, The Tripurainfo, 27 August 2004 

39. Militants kidnap rubber cultivator from Champahowar, The Tripurainfo, 25 September 

2004 

40. 2 minors among four killed by NLFT militants, The Assam Tribune, 25 October 2004 

41. Militants kidnap two tribal youths, TSR encounter BNCT ultras, The Tripurainfo, 22 

October 2004 

42. Rebels abduct farmer, driver freed on ransom, The Telegraph, 11 March 2004 

43. ATTF ultra killed, 1 abducted in Tripura, The Assam Tribune, 28 April 2004 

44. ATTF kidnap two railway workers, The Kanglaonline, 8 June 2004 

45. Girl’s abduction sparks off tension in Tripura, The Deccan Herald, 9 June 2004 

46. 29 Tripura traders kidnapped, The Sentinel, 15 June 2004 

47. 29 Tripura traders kidnapped, The Sentinel, 15 June 2004 

48. NLFT kills six hostages brutally, The Tripurainfo, 1 August 2004 

49. NLFT kills six hostages brutally, The Tripurainfo, 1 August 2004 

50. Two tea labourers abducted in Tripura, The Assam Tribune, 19 November 2004 

51. Rickshaw-puller kidnapped in Tripura, The Assam Tribune, 30 October 2004 

52. NCW Chairperson worry over spiralling injustice on women, The Tripurainfo, 23 


53. Women in Tripura harassed by women police force, The Asian Age, 21 September 2004 

54. Cop rapes a minor, uncle rapes niece, The Tripurainfo, 1 September 2004 

55. Rape slur on CRPF jawans Iftar donation, The Telegraph, 15 November 2004 

56. 3 tribal girls gangraped by CRPF jawans: INPT, The Deccan Herald, 16 November 2004 

331


57. Rape slur on CRPF jawans Iftar donation, The Telegraph, 15 November 2004 

58. Tribal girl raped, TSR jawan arrested, The Tripurainfo, 26 December 2004 

59. New tribal outfit gang rapes 6 tribal women, kills one, The Tripurainfo, 13 March 2004 

60. Tribal students involved in Chamanu gang rape case, The Tripurainfo, 24 March 2004 

61. Gang-rape triggers exodus from villages in Tripura, The Deccan Herald, 19 March 2004 

62. Militants rape two tribals- NLFT rebels plunder North Tripura village, The Telegraph, 29 

November 2004 

63. Census data busts Tripura tribal myths, The Telegraph, 17 July 2004 

64. Tribal rehabilitation process stalls in Tripura, The Deccan Herald, 8 March 2004 

65. Tripura govt admits enteric toll, The Telegraph, 30 May 2004 

66. Enteritis and malaria claims 150 lives in Longtorai: Nath, The Tripurainfo, 21 May 2004 

67. Foreign funds for rehab of Tripura’s jhumia families, The Shillong Times, 20 November 

2004 

68. 47,000 displaced in Tripura, The Assam Tribune, 2 January 2004 

69. Over 7000 families will be shifted elsewhere due to border fencing, The Tripurainfo.com, 


70. All party delegation to visit Delhi to ensure proper rehabilitation for displaced families due 

to fencing, The Tripurainfo, 12 December 2004 

71. Gang-rape triggers exodus from villages in Tripura, The Deccan Herald, 19 March 2004 

72. Lapsed law leaves 300 to rot in prisons, The Telegraph, 20 January 2004 

Uttar Pradesh 

1. Custodial deaths: UP leads offenders’ pack, The Times of India, 26 August 2004 

2. Rights Violations On The Rise In Up, Deccan Herald, 13 August 2004 

3. UP tops list of harassmwent cases against women, The Kashmir Times, 8 January 2004 

4. Dalit UP farmer commits suicide, The Indian Express, 30 July 2004 

5. UP dalit MLAs against change in act, The Asian Age, 13 August 2004 

6. UP keen on special force to fight Naxals, The Pioneer, 25 September 2004 

7. Custodial deaths: UP leads offenders’ pack, The Times of India, 26 August 2004 


9. 6 cops suspended for beating widow to death, The Times of India, 20 May 2004 

10. Man dies in custody, police station ransacked, The Tribune, 8 July 2004 

11. Dalit woman dies of ‘police torture’ in UP, The Indian Express, 7 August 2004 

12. SP leader, kin among 4 killed in Jalaun firing, The Pioneer, 2 February 2004 

13. One killed, nine injured in police firing, The Hindu, 25 October 2004 

14. Custody death: NHRC asks UP Government to pay relief, The Pioneer, 7 April 2004 

332


15. Custodial death: NHRC tells UP Govt to pay relief, The Tribune, 28 April 2004 

16. GRP men push vendor off train, The Indian Epxress, 2 February 2004 

17. Another torture complaint with HR panel, The Tribune, 12 June 2004 

18. The Rajasthan Patrika, 12 October 2004. 

19. UP tops list of harassmwent cases against women, The Kashmir Times, 8 January 2004 

20. Parents Kill girl for honour, The Hindustan Times, 3 December 2004 

21. The Rajasthan Patrika, 9 July 2004 

22. Cops sell woman for Rs 20,000, The Times of India, 28 August 2004 

23. Rape bid in lock-up or cock-and-bull story?, The Times of India, 18 September 2004 

24. The Rajasthan Patrika, 29 November 2004 

25. The Rajasthan Patrika,18 December 2004 

26. UP police runs riot in cybercafes, The Asian Age, 24 December 2004 

27. Girlfriend & cobra on boxer’s sleaze disc, The Telegraph, 25 December 2004 

28. Porn CDs: UP police raid cyber cafe, draw flak for abusing girls, The Indian Express, 24 

December 2004 

29. http://www.nhrc.nic.in/dispArchive.asp?fno=877 

30. Girlfriend & cobra on boxer’s sleaze disc, The Telegraph, 25 December 2004 

31. Woman stripped, burnt alive over unpaid loan, The Times of India, 17 January 2004 

32. Seven tribal girls raped, The Hindu, 28 February 2004 

33. Jharkhand tribals raped in UP, The Indian Express, 27 February 2004 

34. ’I was raped repeatedly and beaten up’, The Asian Age, 3 July 2004 

35. ’Dead’ fighting for land rights, The Times of India, 2 January 2004 

36. UP dalit MLAs against change in act, The Asian Age, 13 August 2004 

37. Two Dalits shot dead in UP village, The Times of India, 3 March 2004 

38. Dalit house pulled down in Amethi, The Asian Age, 27 July 2004 

39. Dalit UP farmer commits suicide, The Indian Express, 30 July 2004 

40. Dalits write to Human Rights Commission, The Tribune, 23 August 2004 

41. http://www.pucl.org/Topics/Dalit-tribal/2004/santagarh.htm 

42. Akhilesh Yadav chased by mob over Dalit killings, The Times of India, 7 June 2004 

43. Dalit atrocity in Uttar Pradesh, The Statesman, 29 June 2004 

44. Dalit woman refused treatment, The Tribune, 3 August 2004 

45. Dalits tortured for using tubewell of upper caste Rajputs, The Tribune, 3 September 2004 

46. Casteist flavour to mid-day meal, The Statesman, 1 October 2004 

47. Mid-day meal cooked by dalit leads to tension in UP, The Hindustan Times, 18 October 

2004 

48. NHRC inquires into death of inmate, The Asian Age, 22 January 2004 

333


49. Voiceless prisoners, The Central Chronicle, 24 April 2004 

Uttranchal 

1. Uttaranchal bundh to protest death of activist, The Deccan Herald, 11 August 2004 

2. Policemen turn Ali Babas in Uttaranchal, The Deccan Herald, 8 January 2004 

3. Cop arrested on rape charge, The Central Chronicle, 6 December 2004 

4. http://www.foodjustice.net/ha/mainfile.php/ha2004/34 

5. Dalit ‘baraat’ ill-treated seven arrested, The Tribune, 24 November 2004 

6. Mega dam to be built in Uttaranchal, The Hindustan Times, 3 January 2004 

7. Tehri hydel project may be commissioned by June, The Deccan Herald, 17 December 2004 

8. Clash of titans in Tehri, The Central Chronicle, 28 April 2004 

9. Uttaranchal kid hurt in Maoist firing, The Indian Express, 30 August 2004 

10. Maoists burn bridge linking India, Nepal in Uttaranchal, The Indian Express, 25 September 

2004 

11. Maoist ‘supporters’ held, The Hindu, 1 September 2004 

12 . Maoist to be handed over to Nepal, The Indian Express, 20 December 2004 

West Bengal 

1. Police shock, The Statesman, 25 February 2004 

2. BSF quit call in Naxalite belt, The Telegraph, 2 September 2004 

3. Naxalites’ surprise talks offer catches CPM off guard, The Pioneer, 30 September 2004 

4. Time not ripe for talks with naxals, says West Bengal, The Hindu, 24 September 2004 

5. Lewd soldiers arrested, The Telegraph, 16 November 2004 

6. Buddha to press for Dhaka rebel swoop, The Telegraph, 9 July 2004 

7. http://www.revolutionarydemocracy.org/rdv9n1/westbengal2.htm 


9. UA-37-2004: West Bengal police shoot dead alleged criminal and then imprison innocent 

boy on pretext, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 14 

April 2004 

10. UA-23-2004: INDIA: Custodial death of a young man in West Bengal, Asian Human 

Rights Commission - URGENT APPEALS PROGRAM, 2 March 2004 

11. SDO reports undertrial death to rights panel, The Telegraph, 29 June 2004 

12 . UA-87-2004: INDIA: A 32 year old man severely tortured and killed by Kharagpur Police, 

West Bengal, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 16 

July 2004 

13. Youth dies in custody, The Telegraph, 9 July 2004 

334


14. Mob battles cops on jail death, The Telegraph, 26 September 2004 

15. Mystery jail death of murder suspect, The Telegraph, 11 October 2004 

16. UA-173-2004: INDIA: Farmer died after extreme torture by Border Security Force 

personnel in Shirsiklaibari village, Malda district, Asian Human Rights Commission - 

URGENT APPEALS PROGRAM, 15 December 2004 

17. Police firing, The Telegraph, 27 February 2004 

18. Rights panel punch on ‘oasis of peace’, The Telegraph, 15 December 2004 

19. Police thrash lover in lock-up, The Telegraph, 6 May 2004 

20. Panel orders ‘torture’ probe, The Telegraph, 6 May 2004 

21. UA-123-2004: INDIA: A man arrested with fabricated charges and paraded in underclothed 

condition, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 


22. Lewd jawans run amok - Reserve force storms complex, attacks residents, The Telegraph, 

15 November 2004 

23. Lewd soldiers arrested, The Telegraph, 16 November 2004 

24. Bus driver beaten for blocking VIP way, The Telegrpah, 23 December 2004 

25. Cops get life term in Bapi Case, The Times of India, 1 July 2004 

26. Gangrape slur on BSF jawans, The Telegraph, 27 March 2004 

27. UA-109-2004: INDIA: Pregnant Dalit woman assaulted by West Bengal police, Asian 

Human Rights Commission - URGENT APPEALS PROGRAM, 24 August 2004 

28. RPF man held for rape at station, The Telegraph, 19 August 2004 

29. Rape protest unites foes, The Telegraph, 12 September 2004 

30. Cop rapes woman, suspended, The Tribune, 11 September 2004 

31. Rape accused roams, CPM shields, The Telegraph, 27 October 2004 

32. Rights rap on Jalpaiguri police, The Telegraph, 15 April 2004 

33. Bengal police molest two sisters, The Times of India, 20 August 2004 

34. HC strikes gavel against school caning, The Times of India, 7 February 2004 

35. Two students locked inside iron chest as punishment by teacher, The Asian Age, 12 

February 2004 

36. Cane fear keeps kid home, The Telegraph, 20 February 2004 

37. Punished girl in trauma after 100 squats in sun, The Telegraph, 25 April 2004 

38. CLASS TORTURE, The Telegraph, 14 July 2004 

39. Punished, locked in class - ‘Naughty girls’ force open window to get home, The Telegraph, 


40. UA-29-2004: INDIA: Two social workers arrested by the Jangipara Police on false charges 

of committing offences against the state, Asian Human Rights Commission - URGENT 

APPEALS PROGRAM, 16 March 2004 

41. UA-29-2004: INDIA: Two social workers arrested by the Jangipara Police on false charges 

of committing offences against the state, Asian Human Rights Commission - URGENT 

335


42. 

APPEALS PROGRAM, 16 March 2004 

web.amnesty.org/library/Index/ ENGASA200952004?open&of=ENG-IND - 24k 

43. Chargesheet against cops for boy death, The Telegraph, 6 February 2004 

44. Bengal relief for 2 custodial deaths, The Tribune, 17 April 2004 

45. Reference: File No. 22/WBHRC/IW/98 and File No. 251/WBHRC/COM/98-99 

46. AHRC slams judiciary in custody death Case, The Central Chronicle, 6 August 2004 

47. Naxalite raid earns villagers’ wrath, The Telegraph, 9 December 2004 

48. Naxalites behead ‘mole’, The Telegraph, 16 January 2004 

49. KLO makes cops’ wipeout claims sound hollow, The Telegraph, 15 March 2004 

50. Five starvation deaths in Bengal town, The Times of India, 9 July 2004 

51. Five starvation deaths in Bengal town, The Times of India, 9 July 2004 

52. Hunger nails CPM’s Rural Bengal Shining lie, The Indian Express, 14 June 2004 

53. 3 km from hunger deaths, village watches kids die, The Indian Express, 15 June 2004 

54. 3 km from hunger deaths, village watches kids die, The Indian Express, 15 June 2004 

55. West Bengal rights panel directive to Government, The Hindu, 24 June 2004 

56. Hunger nails CPM’s Rural Bengal Shining lie, The Indian Express, 14 June 2004 

57. Marxist escapism, The Statesman, 16 March 2004 

58. THE MANY FACES OF POVERTY, The Telegraph, 8 July 2004 

59. SC monitor punches govt on tea deaths, Telegraph, 11 March 2004 

60. THE MANY FACES OF POVERTY, The Telegraph, 8 July 2004 

61. Flesh for food in garden of poverty The locked gate of Kanthalguri tea garden, The 

Telegraph, 27 March 2004 

62. ibid. 

63. ibid. 

64. SC monitor punches govt on tea deaths, Telegraph, 11 March 2004 

Freedom of the press 

1. Jayalalithaa withdraws defamation cases against media, The Hindu, 19 May 2004 

2. TN govt drops two cases against ‘The Hindu, The Times of India, 31 August 2004 

3. Tamil Nadu files affidavit to withdraw 125 defamation cases against media, The Hindu, 18 


4. Scribe assaulted, MR men suspended, The Sanngaiexpress, 24 July 2004 

5. Highhandedness of police condemned, The Assam Tribune, 18 April 2004 

6. Panel to probe cop excesses, The Telegraph, 19 April 2004 

7. 12 scribes injured in police hooliganism, The Kashmir Times, 14 May 2004 

336


8. Magisterial probe ordered into Karchantola incident, The Sentinel, 3 July 2004 

9. The Asian Age, 15 November 2004. 

10. Highhanded cops keep scribes from rescuing colleague, The Pioneer, 30 November 2004 

11. Editor of Marathi daily attacked, The Hindu, 29 August 2004 

12. UA-162-2004: INDIA: Police inaction provides ample opportunity for criminals to walk 

free, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 25 November 

2004 

13. Lawyers sting back, attack Zee, The Asian Age, 30 January 2004 

14. Dhemaji slams Lakhimpur SP action, The Sentinel, 9 November 2004 

15. Naxals kill scribe in Bihar, The Bihar Times, 26 April 2004 

16 9 scribes summoned to Naxalite court, The Deccan Herald, 18 May 2004 

17. 8 media persons injured in blast, The Kashmir Times, 4 May 2004 

18. Grenade attack at Mehbooba’s rally, The Tribune, 26 April 2004 

19. Grenade attack in Valley’s news agency office The Kashmir Times, 23 November 2004 

Religious Minorities 

1. Judeo reconverts 212 to Hinduism, The Asian Age, 5 March 2004 

2. VHP converts 75 Christian tribals in Orissa, Deccan Herald, 20 September 2004 

3. 336 tribals reconverted to Hinduism, The Deccan Chronicle, Chronicle, 19 October 2004 

4. Priests injured in church attack, The Indian Express, 24 August 2004 

5. Christian converts tonsured, The Statesman, 16 February 2004 

6. Nine Christians tonsured in Orissa, The Asian Age, 17 February 2004 

7. 7 women tonsured in Orissa, The Pioneer, 16 February 2004 

8. Communal tension in Raikia, The Pragativadi, 27 August 2004 

9. Communal tension in Raikia: 12 held, The Pragativadi, 29 August 2004 

10. Christians flay attack on churches, Deccan Herald, 23 November 2004 

11. Attack on sisters of Missionaries of Charity, The Hindu, 26 September 2004 

12. RSS workers held for attack on missionaries, The Deccan Herald, 27 September 2004 

13. Police foils VHP attempt to demolish tomb, 500VHP activists held near Afzal monument, 

12 hurt in police laticharge, The Asian Age 13 Sept. 2004 

14. Misplaced populism, The Central Chronicle, 6 February 2004 

15. Minister denies innocent Christians were jailed, The Central Chronicle, 5 March 2004 

16. Misplaced populism, The Central Chronicle, 6 February 2004 

17. Police are silent watchers as terror returns to Jhabua, The Indian Express, 19 January 2004 

18. Uma refuses to see beyond law and order, The Indian Express, 17 January 2004 

19. Police are silent watchers as terror returns to Jhabua, The Indian Express, 19 January 2004 

337


20. Firing Line : Uma Bharti, CM, Madhya Pradesh, The Indian Express, 1 February 2004 

21. Jhabua Christians’ plea to NHRC, The Hindu, 2 February 2004 

22. Minister denies innocent Christians were jailed, The Central Chronicle, 5 March 2004 

23. Rape victim threatens to kill herself, The Indian Express, 28 April 2004 

24. Conversion row rerun, The Telegraph, 1 January 2004 

NHRC’s Inefficiency 

1. Office of the High Commissioner for Human Rights, National Human Rights Institutions, 

no.4 (Geneva: United Nations, 1995), 29. 

2. Sharma is member of NHRC: Top court, The Asian Age, 30 April 2005 

3. Rights Act: NHRC concerned, The Tribune, 14 May 2005 

4. Congress criticises Sharma’s appointment as NHRC member, The Hindu 5 March 2004 

5. Review of SC order on NHRC appointment sought, The Tribune, 12 July 2005 

6. NHRC chief slams Govt on not amending HR Act, The Pioneer, 1 February 2004; Cong 

decries CBI chief’s appointment as NHRC member, The Tribune, 5 March 200 

338

annual report print final.qxd - Asian Centre for Human Rights

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?