annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 Assam<br />
her if she disclosed her ordeal to anyone.<br />
The officer also allegedly offered her Rs<br />
10,000 to keep silent. 42<br />
IV. Impunity<br />
Impunity reigns in Assam. On 26<br />
March 2004, the single-judge bench of<br />
Justice B.K. Sharma of Guwahati High<br />
Court asked the Defence Ministry to pay<br />
Rs 1 lakh as compensation to a housewife<br />
who was raped by two army jawans 313<br />
Field Regiment during a counterinsurgency<br />
operation in Nalbari district on<br />
16 June 1998. 43 But little reference was<br />
made with regard to the prosecution of the<br />
culprits.<br />
On 13 July 2004, Assam State <strong>Human</strong><br />
<strong>Rights</strong> Commission awarded interim<br />
compensation of Rs 50,000 to the next of<br />
kin of ULFA cadre Ananta Roy who was<br />
killed in custody after being arrested on 22<br />
October 1999. The Commission also<br />
recommended to the State Government to<br />
prosecute the guilty police personnel, 44 but<br />
there is little in<strong>for</strong>mation about the<br />
prosecution.<br />
Often the punishment <strong>for</strong> arbitrary<br />
killings is the transfer to police lines or at<br />
best suspension. In October 2004, the<br />
National <strong>Human</strong> <strong>Rights</strong> Commission<br />
directed the Assam Government to<br />
comply with its recommendation of<br />
payment of interim relief of Rs 1 lakh<br />
each to the next of kin of three persons<br />
who died in a firing incident on 3<br />
November 2002 in front of the Langkhasi<br />
Police outpost of Tinsukia district. The<br />
magisterial inquiry submitted clearly<br />
26<br />
showed that the entire incident took place<br />
because of lack of command and control<br />
and an irresponsible behaviour of the<br />
Sub-inspector of Langkhasi police station<br />
to tackle a simple law and order situation.<br />
Though the Sub-Inspector was placed<br />
under suspension, no in<strong>for</strong>mation<br />
regarding the prosecution of the culprits<br />
was given. 45<br />
On 4 November 2003, the Assam<br />
government appointed Justice (Retd) J N<br />
Sharma to investigate 11 cases of alleged<br />
secret killings of the relatives of the<br />
members of armed opposition groups in<br />
different parts of Assam during the<br />
previous Assam Gano Parishad<br />
government’s tenure. Earlier, Justice<br />
(Retd) Meera Sharma resigned in 2003 and<br />
Justice Sharma restarted the inquiry. On 23<br />
February 2004, the Commission issued a<br />
notice requesting memoranda to be<br />
submitted be<strong>for</strong>e the Commission’s office<br />
at Kumarpara. 46 By the end of September<br />
2004, the Commission was still recording<br />
the statements of the witnesses, relatives<br />
of the victims and concerned police<br />
officers. 47<br />
V. Ethnic conflicts<br />
Assam was plagued by unprecedented<br />
ethnic conflicts especially in Karbi<br />
Anglong district. While the control over<br />
land, resources and establishment of<br />
homeland based on ethnicity are some of<br />
the root causes; the clear involvement of<br />
both State and non-State actors had<br />
exacerbated the conflicts leading to loss of<br />
lives and internal displacement.