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

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
i. Arbitrary deprivation of the right to life
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