Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the fabricated case filed against Ramesh Narsibhai Vasava, an adivasi, after he was shot by a Forest Department Official in the District Surat, Gujarat, India on 25 July 2003.
At around 3.00pm on July 25, Ramesh Narsibhai Vasava and another villager Mahesh Khotania Vasava were grazing some livestock. Ramesh Narsibhai Vasava and Mahesh Khotania Vasava then came upon Khushal Patel and Fatesing Amar Sing Vasava of the Forest Department. Khushal Patel, a Forest Department Official proceeded to shoot Ramesh Narsibhai Vasava in the lower back at close range with a gun. Ramesh Narsibhai Vasava was then taken to the Surat Civil Hospital where several bullets were removed.
At about 4.00pm on July 26, Ramesh Narsibhai Vasavas father, Narsing Nandaria Vasava, made a complaint to the police. Charges were filed under Sections 114 and 307 of the Indian Penal Code (IPC) and Section 25(C) of the Arms Act. The following day, July 27, the police took statements from the witnesses.
The police, however, pressured the hospital to discharge Ramesh Narsibhai Vasava even though he was not well. This was because the police did not wish Ramesh Narsibhai Vasavas condition to be considered very serious, for they wanted the Forest Department official Khushal Patel to be released on bail. Khushal Patel was released on bail, despite the usual difficultly faced by persons charged under Section 307 of the IPC wishing to be released on bail. Ramesh Narsibhai Vasava was then admitted into the private Shiv Krupa Hospital in Mandvi where they tried unsuccessfully to remove all of the bullet fragments.
In a private hospital, all expenses are paid by the patient while in a public or civil hospital the treatment is free but the patient must pay for the medication. Thus, his premature release from the public hospital and his need to have medical care provided by a private hospital put an extra financial burden on this adivasi family.
In addition to this, Ramesh Narsibhai Vasava advised that Forest Department personnel cut some trees in the forest, however the Forest Department personnel later claimed that Ramesh Narsibhai Vasava had been shot because he was cutting the trees. The Forest Department officials obtained statements from Dinesh Vasava and Raman Vasava from the village of Darda, located 10 kilometers from Chitalda that stated that Ramesh Narsibhai Vasava had cut teak trees in the forest. This fabricated case is still pending in the Mangrol Judicial Magistrate Court, located 40 kilometers away, and meanwhile the Forest Department officials involved are still free on bail.
Ramesh Narsibhai Vasava has spent much of the time bedridden since he was shot more than two years ago. He still has about 50 bullet fragments in the right side of his body, and his urinary tract has been damaged. In addition, Ramesh Narsibhai Vasava has not received any compensation, and has not been able to work. He has to depend on his wife and his family to support him. He and his wife have two children.
A letter was sent by Ramesh Narsibhai Vasavas lawyer to the perpetrator, Khushal Patel, on 9 March 2004, seeking compensation of one lakh or 100,000 rupees (USD 2,180), but there has been no response. Letters have also been sent to various government and police officials; however there has been no forthcoming aid to Ramesh Narsibhai Vasava.
SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below calling for an immediate investigation into Ramesh Narsibhai Vasavas case urging them to compensate the victim and his family, and to provide appropriate assistance. Please also request that they put a halt to the constant delays in police inquiries, for until this occurs the case cannot proceed.
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SAMPLE LETTER
Dear __________,
INDIA: Fabricated case filed after shooting of Adivasi by Forest Department Official
Name of victim: Ramesh Narsibhai Vasava (23) of Hamlet of Amba, village of Chitalda, taluka Umarpada, Surat District, Gujurat, India
Name of alleged perpetrators: Khushal Patel
Date of incident: 25 July 2003
Place of incident: Surat District, Gujurat, India
I am writing to voice my deep concern regarding the fabricated case filed against Ramesh Narsibhai Vasava, an adivasi, after he was shot by a Forest Department Official in the Surat District, Gujarat, India on 25 July 2003.
According to the information I have received, at mid-afternoon on July 25, Ramesh Narsibhai Vasava and another villager Mahesh Khotania Vasava were grazing some livestock, when they came upon Khushal Patel and Fatesing Amar Sing Vasava of the Forest Department. Khushal Patel proceeded to shoot Ramesh Narsibhai Vasava in the lower back at close range with a gun. Ramesh Narsibhai Vasava was then taken to the Surat Civil Hospital where several bullets were removed.
On July 26, Ramesh Narsibhai Vasavas father, Narsing Nandaria Vasava, made a complaint to the police and charges were filed under Sections 114 and 307 of the Indian Penal Code (IPC) and Section 25(C) of the Arms Act. The following day, the police took statements from the witnesses.
The police, however, pressured the hospital to discharge Ramesh Narsibhai Vasava despite his condition, for the police did not wish his condition to be classified as very serious, for they wanted the perpetrator to be released on bail. Khushal Patel was released on bail, despite the usual difficultly faced by persons charged under Section 307 of the IPC wishing to be released on bail. Ramesh Narsibhai Vasava was then admitted into the private Shiv Krupa Hospital in Mandvi where they tried unsuccessfully to remove all of the bullet fragments.
As you are aware, in a private hospital, all expenses are paid by the patient while in a public or civil hospital the treatment is free but the patient must pay for the medication. Thus, Ramesh Narsibhai Vasavas forced premature release from the public hospital and his need to have medical care provided by a private hospital has placed an extra financial burden on this adivasi family.
In addition to this, Ramesh Narsibhai Vasava advised that Forest Department personnel cut some trees in the forest, however the Forest Department personnel later claimed that Ramesh Narsibhai Vasava had been shot because he was cutting the trees. The Forest Department officials obtained statements from Dinesh Vasava and Raman Vasava from the village of Darda, located 10 kilometers from Chitalda that stated that Ramesh Narsibhai Vasava had cut teak trees in the forest. This fabricated case is still pending in the Mangrol Judicial Magistrate Court, located 40 kilometers away.
Since the forest guard is a government official, it is the responsibility of the government to ensure that the family gets due compensation and receives the full justice they deserve. The victim's family has continued to struggle for survival over the past few years when the earning member of their family, an innocent man, was shot causing serious incapacitation. Ramesh Narsibhai Vasava has spent much of the time bedridden, he still has about 50 bullet fragments in his body and his urinary tract has been damaged. The government must take into consideration their plight and come to their aid immediately. It is a matter of great concern that despite having special laws for the benefit of the scheduled castes and tribes in the country, as well as commissions at both the state and national levels, no one has offered any help to the victim's family. On the other hand, the perpetrator is out on bail and continues to enjoy his freedom, even after having committed a crime of such proportions.
I therefore appeal that you intervene and provide compensation to the victim and his family and offer other appropriate assistance. Please also ensure that the perpetrator is duly punished for his crime. I also urge you to take appropriate measures so that India ratifies the International Convention against Torture and comes up with domestic legislation to prevent torture and brutality committed by law enforcement officers. I further request that the constant delays in police inquiries be put to a halt, otherwise the case cannot proceed and the rule of law will continue to be violated.
I trust that your intervention will be forthcoming in this matter.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Chief Minister of Gujarat
Chief Minister's Office
Block No 1, 5th Floor
New Sachivalaya
Gandhinagar 382 010
INDIA
Tel: +91-79-2 3232611 to 18
Fax:+91-79-2 3222101 or 3243330
Email: cm@gujurat.india.com
2. Mr. Mangubhai Chhaganbhai Patel
Tribal Welfare (Minister in charge of the Forest Department)
Block No. 1, 7th Floor, New Sachivalaya
Gandhinagar - 382 010.
INDIA
Tel: - +91-79-2 3221186 or 3238075
E-mail: min-fne@gujarat.gov.in
3. Mr. O.Ravi
Secretary, Tribal Development Department
Block No. 1, 7th Floor, New Sachivalaya
Gandhinagar - 382 010.
INDIA
Fax: 91 79 23254817
4. Mr. Arjun Singh
Additional Chief Secretary
Forest Department
Block No. 1, 7th Floor, New Sachivalaya
Gandhinagar - 382 010.
INDIA
Fax: 91 79 23252156
5. Ms. Vatsla Vasudeva
Collector of Surat District
Collector office, Nanpura
Surat. 395 001, Gujarat
INDIA
Tel: +91 261 2471121/ 2472471
Fax: +91 261 2472419
E-mail: collector-sur@gujarat.gov.in
6. District Superintendent of Police
Surat Rural
Killa, Chowk
Surat 395 003, Gujarat
INDIA
Tel: +91-261 2463984 or 2479164
Fax: +91-261 2479174
7. The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: covdnhrc@nic.in, ionhrc@nic.in
8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Sarir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel:+41 22 917 9230
Fax:+41 22 9179016 (general)
E-mail: ssyed@ohchr.org
9. Mr. Rodolfo STAVENHAGEN
UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
c/o Office Of the High Commissioner for Human Rights
United Nations at Geneva
8-14 ave de la Paix
1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
