INDIA: Caste Hindus attack tribal communities and the police connive with the upper caste and refuse to take action in Uttar Pradesh, India 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a human rights group in Uttar Pradesh, India of at least three confirmed cases involving the tribal members of the ‘Musahar’ community who were tortured and treated as slaves. Those who attempted to challenge this treatment were further tortured and intimidated by police officers attached to the local police station. It is disturbing to learn that the police officers are conniving with the upper caste Hindus and are engaged in brutal torture of those who dare to complain. It is alleged that fearing reparation, the members of the lower caste community are remaining silent about the abuses they face on a daily basis.

It is alleged that in a series of incidents dating 28, 30 and 31 December 2005 and 3 January 2006, which reportedly happened within the jurisdiction of Nichlaul, Sohgi Barwa and Kothibhar police stations of Mahrajganj district in Uttar Pradesh, members belonging to the Musahar community were either abused or assaulted by caste Hindus. The victims who approached the local police with their complaints were further tortured and intimidated by the officers at the police station and false cases were even instituted against them.

The AHRC has in the past raised its concern about the growing intolerance against lower caste members, particularly by the caste Hindus in India. In the recent past the AHRC has issued various urgent appeals on this issue, particularly from Uttar Pradesh, a state where feudal systems still remain unchallenged. In most of these cases the police were reported to be aiding the caste Hindus, refusing to take any action.  For further details please see UA-218-2005, HA-23-2005 , UA-145-2005 , UP-100-2005 and UA-019-2006 . This is yet another series of disturbing cases of such nature.

The AHRC is deeply concerned about this and calls for your urgent intervention in this matter. The incidents must be investigated into and the perpetrators charged. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts. Their conduct should be inquired into and charges should be laid for dereliction of duty. Those officers who were engaged in torturing the victims must be immediately suspended from service and cases must be registered against them under the relevant provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Case One:

Name of the victims:
1. Mr. Birju, son of Bikkal
2. Mrs. Kusmnawti wife of Birju
3. Mr. Ompraksh son of Birju
Alleged perpetrators:
1. Mr. Chhedi Yadav, son of Shivraj
2. Mr. Ramkisun Yadav son of Chhedi
3. Mr. Suresh Yadav  son of Chhedi
4. Mr. Munib Yadav  son of Gauri
5. Mr. Ramjanak Yadav  son of Laman
All residents of Ahirauli, Ranipur village, Nichlaul Tehsil, within the jurisdiction of Kothibhar police station, Mahrajganj district, Uttar Pradesh
6. Mr. Rannagina, residing at Ahirauli, Ranipur village, Nichlaul Tehsil, within the jurisdiction of Kothibhar police station, Mahrajganj district, Uttar Pradesh
Date and place of incident: 28 December 2005 at Doma within the jurisdiction of Nichlaul police station, Mahrajgan district, Uttar Pradesh

Mr. Birju, his wife Kusmawati and their son Omprakash were collecting firewood from the jungle near the Purnaha dam on 28 December 2005. The family is from the Musahar community and lives on a hand to mouth existence. While the family was collecting firewood Mr. Chhedi Yadav, Mr. Ramkisun Yadav, Mr. Suresh Yadav, Mr. Munib Yadav and Mr. Ramjanak Yadav were loading sugarcane onto a tractor trolley nearby.

Chhedi asked Birju to remove his small trolley to make way for the sugarcane trolley. Since the sugarcane was still being loaded Birju said once the sugarcane was loaded he would remove his small trolley so that the sugarcane trolley could get through. This annoyed Cheddi and his friends. They came together and started brutally beating Birju, his wife and their son. The family was later admitted to the local Public Heath Centre. The report from the Public Health Centre confirmed that all the three had suffered serious injuries.

Assaulting a member of a tribal community with an intention to outrage the modesty of the member of a tribal community is a serious crime under the Indian Law. In such instances the case must be registered under the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act and any case registered under this Act must be investigated by an officer not below the rank of Deputy Superintendent of Police. This provision is incorporated into the Act to ensure fast, prompt and just investigation given the vulnerability of the tribal and lower caste community.

However, when Birju went to the Kothibhar police station to register the complaint and to report the assault and injuries suffered from it, the Station Officer, Mr. Ramaadhar Yadav instead of taking down the complaint booked Ramjanak under section 151 of the Cr.P.C. and the other four persons under section 107 and 116 of CrP.C. However, Nichlaul police, it would appear, struck a deal with the offenders for the police did not register a case under the proper law applicable,  which is the Scheduled Caste, Scaheduled Tribe (Prevention of Atrocities) Act, and the police asked Birju to compromise on the case with the perpetrators. Birju is in no way prepared to compromise on this matter and has written a complaint to the Superintendent of Police in Mahrajganj

Case Two:

Name of victims: Sixteen member team of the Musahar Vikas Manch (an association of the Musahar community) from Mehsi, East Champaran
Alleged perpetrator:
Mr. Ramaadhar Yadav, Station Officer, Nichlaul police station
Date and place of incident: 30 and 31 December 2005 at Nichlaul within the jurisdiction of Sohgi Barwa police station, Mahrajganj district, Uttar Pradesh

A delegation of Musahar Vikas Manch, Mehsi (a local group working for the welfare of the Musahar [tribal community in North India] community), East Champaran, Uttar Pradesh arrived in Mahrajganj for an exposure visit. They were divided into two groups and one group of 12 women and three men went to Sohgi Barwa.

They spent their time with the local Musahar community and stayed overnight. When the group went to visit the metal crusher unit run by Musahar Manch in Muja Tola, officers from the Sohgi Barwa police station came and took them into custody. Once at the police station, Station Officer Mr. Ramnarayan Prasad kept them for nearly six hours, interrogating them throughout.

It is alleged that the officer used abusive language, threats and intimidation and even manhandled the detainees, including the woman. It is also alleged that the Station Officer shouted at the detainees that “these Musahar people are Maoist terrorists” and “the persons behind the bomb explosion yesterday night are these people”. The detainees were later released without being formally charged with any offense. The victims have lodged a complaint with the Superintendent of Police in charge of Mahrajganj in which they have also requested the officer to take action against the Station Officer of Sohgi Barwa police station for abusing and torturing the victims.

Case Three:

Name of victims:
1. Mrs. Kunti wife of Ramrati
2. Prabhu, son of Kunti
Alleged perpetrator:
Mr. Ramnarayan Prasad, Station Officer Sohgi Barwa police station
Date and place of the incident: 3 January at Ahirauli, Ranipur village, Nichlaul Tehsil, within the jurisdiction of Kothibhar police station, Mahrajganj district, Uttar Pradesh

Mrs Kunti, wife of Mr Ramrati, and his son Mr Prabhu of Ranipur village, Ahirauli, within the jurisdiction of Kothibhar police station lodged a complaint against one Mr Ramanagina in connection with a land dispute. It is alleged that the police not only refused to register their complaint but the police, under the influence of Ramanagina and other members of the Yadav community (upper caste), tried to see to it that Kunti and her family were evicted from their village.

It is also alleged that when Kunti went to the police station to enquire about her complaint she was chased from the station and told that the untouchables have no place there. It is also alleged that Kunti and her family were attacked by Mr Ramnagina on January 2 and Rs 5000.00 (US $ 115) was taken from her home, which had been saved for the treatment of her ailing mother who died soon after the attack.

Suggested action:
The AHRC is deeply concerned by these cases and request your immediate intervention in the matter. Please write a letter to the relevant authorities listed below expressing your concern.

 

 

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