Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Navsarjan Trust about the extrajudicial killing of three Dalit youth by the Gujarat police in repeated firing over protesting Dalits. The first incident took place on 21 September when police opened fire on a crowd after failing to control a clash between Dalits and Bharwads, fatally wounding a 17-year-old Dalit youth named Mr. Pankajbhai Amarshibhai Sumra who later succumbed to bullet injuries in a hospital in Rajkot. The police firing incensed the Dalits who took to the streets demanding stern action against the officers responsible for the killing of the youth.
Instead of taking any action against the officers, the police again opened fire on protesting Dalit youths on 23 September, 2012 killing two more Dalit youths named Mr. Prakashbhai Babubhai Parmar, aged 26 years and Mr. Mehulbhai Valjibhai Rathod, aged 17 years and seriously injuring another youth named Mr. Chhanabhai Mavjibhai Vaniya who was also seriously injured.
Unfortunately, in cases of communal clashes between Dalits and any other group, the targeting of Dalits has emerged as a definite pattern. The police are often found to be acting as a conduit of locally dominant caste groups instead of discharging its duties in a fair and impartial manner. The officers responsible for such attacks are rarely punished and thus embolden the structures of violence against Dalits and other marginalised groups. We urge you to write in to appeal to the authorities demanding them take actions against the police personnel responsible for these crimes.
CASE NARRATIVE:
On 21 September 2012, Bharwads and Dalits first came face to face after a petty fight at a local fair organised by the Thangadh municipality. The fight snowballed into a major clash with both sides using stick and sharp weapons against each other. The police officials claim that they lobbed tear gas shells to disperse the rampaging crowds and opened fire only when this did not work.
The firing resulted in fatally wounding 17-year-old Mr. Pankaj Sumra. Even after injuring him, police did not rush him to the hospital and left the job to the relatives of the wounded youth. The relatives took Sumra to Thangadh Civil Hospital from where he was referred to Civil Hospital, Rajkot where he was declared dead.
News Sumra’s death sparked outrage among Dalits who took to streets demanding that a complaint be filed against police offcials responsible for the death. Instead of taking action against the guilty officers to assuage the feelings of Dalits and ensure justice, the administration called in reinforcements.
The protests continued and resulted in a clash of Dalit youth with the police officers on the afternoon of 23 Septemebr, 2012. Instead of controlling the youth with minium force, the police against opened fire causing bullet injuries to three persons. They were rushed to Rajkot Civil Hospital where Mr. Prakashbhai Babubhai Parmar, aged 26 years and Mr. Mehulbhai Valjibhai Rathod, aged 17 years succumbed to their injuries while another youth named Mr. Chhanabhai Mavjibhai Vaniya is still battling for his life.
In the first instance of firing, the guilty police officers had acted without any permission from Mr. Raghvendra Vatsa, Senior Superintendent of the Police (SSP). Vatsa visited Thangadh after the firing but did not initiate any action against the guilty officer or to restore peace in the locality.
In the second incident, however, Mr. Hari Krishan Patel, SSP, Jamnagar district, was in charge of Thangadh Police Station area as Vatsa was out of the town for making arrangements for the Swami Vivekanad Yatra of the Chief Minister Mr. Narendra Modi. Patel was present at the venue and it is reported that his commandoes, armed with AK-47s also participated in the firing, along with other policemen.
The police, then, refused to lodge First Information Reports (FIR) against the guilty officers and it was only after great difficulty and struggle that three FIRs were lodged against four police officers namely, Sub Inspector Mr. K. P. Jadeja; Sub-Inspector Mr. Bharatsinh Solanki, Head Constable Mr. Yogeshdan Gadhavi, Head Constable, Mr. Nathubha Andubha Rana and an unknown police officer who is yet to be identified. All the accused officers are posted at the Thangadh Police Station. The FIRs were lodged under Crime Register number I-71/12, I-72/12 and I-73-/12 under the Indian Penal Code, 1860, Sections 302, 147,148,149,114,120-B and under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3 (2) v.
Section 3 (2) v reads “whoever being not a member of the scheduled caste or the scheduled tribe commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine.”
The police have also filed FIRs against seven Dalit youths.
Indeed it is a case of social rift between two communities. However, a responsible government has the duty not just to prevent such an incident from happening, but also containing it immediately, using authority that is acceptable within a democratic environment. As evident from this case, when a communal tension was simmering in his jurisdiction, an unfortunate event in which one person had already died, the SSP’s priority was to do escort job for a Chief Minister, who does not have a good reputation in maintaining communal harmony. The 2002 Hindu-Muslim riot, of which mostly Muslims lost their lives and property, was orchestrated under Modi’s tenure as the Chief Minister of the state. During that event also the fascist Hindu forces wantonly used the state police and the administration to locate, identify and murder and rape Muslims and destroy their property.
If that was an incident in which Dalits and the tribal were allegedly used against the Muslims. There are however studies that contradict this allegation though.
What is evident however in this instance is the overwhelming cornering of the underprivileged communities in the state, by the dominant communities, for political and material reasons. This incident also is one such where the state administration has miserably failed to restore peace in the state. The Bharwads are not an influential community however, since many are shepherds and most of them work as agricultural labourers. However, they are, according to the caste system in India, considered superior in caste hierarchy to the Dalits.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention stop the police attacks on the protesting Dalits and they should be provided with adequate protection against reprisals from the police. Also, the officers responsible for the firing must be inquired into at the earliest possible moment. The community must also be assured that such senseless acts of violence and impunity will not occur again in the future, or, if they do, that they will be capably met by proper checks and balances within the justice system.
The AHRC is also writing a separate letter to the UN Special Rapporteur on extrajudicial execution calling for an intervention in the case.
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SAMPLE LETTER
Dear __________,
INDIA: Immediate actions must be taken against the police officers involved in the murder of three Dalit youth in Thangadh of Surendranagar in Gujarat
Name of the victims:
1. Mr. Pankajbhai Amarshibhai Sumra, aged 16;
2. Mr. Prakashbhai Babubhai Parmar, aged 26 years;
3. Mr. Mehulbhai Valjibhai Rathod, aged 17 years;
4. Mr. Chhanabhai Mavjibhai Vaniya
1 to 3 above are the deceased in Crime I-71/12, I-72/12 and I-73-/12 of Thangadh Police Station, Gujarat
Name of the Perpetrators:
1. Police Sub Inspector K.P. Jadeja
2. Police Sub Inspector Bharatsinh Solanki,
3. Head constable Yogeshdan Gadhavi,
4. Head constable, Nathubha Andubha Rana
5. An unknown Police officer
All stationed at Thangadh Police Station
Date and time of incident:
First firing-September 22, 2012 00:30 hours
Second firing- September 23, 2012, afternoon.
Place of incident: Thangadh, Chotila taluka, Surendrangar district, Gujarat
I am writing to express my concern regarding the incident of police firing reported to me from Thangadh, Chotila taluka, Surendrangar district, Gujarat. I am informed that three Dalit youth were murdered in the incident and the condition of yet another Dalit currently in the hospital is critical.
The facts of the case reported to me are as follows:
On 21 September 2012, Bharwads and Dalits first came face to face after a petty fight at a local fair organised by the Thangadh municipality. The fight snowballed into a major clash with both sides using stick and sharp weapons against each other. The police officials claim that they lobbed tear gas shells to disperse the rampaging crowds and opened fire only when this did not work.
The firing resulted in fatally wounding 17-year-old Mr. Pankaj Sumra. Even after injuring him, police did not rush him to the hospital and left the job to the relatives of the wounded youth. The relatives took Sumra to Thangadh Civil Hospital from where he was referred to Civil Hospital, Rajkot where he was declared dead.
News Sumra's death sparked outrage among Dalits who took to streets demanding that a complaint be filed against police offcials responsible for the death. Instead of taking action against the guilty officers to assuage the feelings of Dalits and ensure justice, the administration called in reinforcements.
The protests continued and resulted in a clash of Dalit youth with the police officers on the afternoon of 23 Septemebr, 2012. Instead of controlling the youth with minium force, the police against opened fire causing bullet injuries to three persons. They were rushed to Rajkot Civil Hospital where Mr. Prakashbhai Babubhai Parmar, aged 26 years and Mr. Mehulbhai Valjibhai Rathod, aged 17 years succumbed to their injuries while another youth named Mr. Chhanabhai Mavjibhai Vaniya is still battling for his life.
In the first instance of firing, the guilty police officers had acted without any permission from Mr. Raghvendra Vatsa, Senior Superintendent of the Police (SSP). Vatsa visited Thangadh after the firing but did not initiate any action against the guilty officer or to restore peace in the locality.
In the second incident, however, Mr. Hari Krishan Patel, SSP, Jamnagar district, was in charge of Thangadh Police Station area as Vatsa was out of the town for making arrangements for the Swami Vivekanad Yatra of the Chief Minister Mr. Narendra Modi. Patel was present at the venue and it is reported that his commandoes, armed with AK-47s also participated in the firing, along with other policemen.
The police, then, refused to lodge First Information Reports (FIR) against the guilty officers and it was only after great difficulty and struggle that three FIRs were lodged against four police officers namely, Sub Inspector Mr. K. P. Jadeja; Sub-Inspector Mr. Bharatsinh Solanki, Head Constable Mr. Yogeshdan Gadhavi, Head Constable, Mr. Nathubha Andubha Rana and an unknown police officer who is yet to be identified. All the accused officers are posted at the Thangadh Police Station. The FIRs were lodged under Crime Register number I-71/12, I-72/12 and I-73-/12 under the Indian Penal Code, 1860, Sections 302, 147,148,149,114,120-B and under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3 (2) v.
Section 3 (2) v reads "whoever being not a member of the scheduled caste or the scheduled tribe commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine."
The police have also filed FIRs against seven Dalit youths.
Indeed it is a case of social rift between two communities. However, a responsible government has the duty not just to prevent such an incident from happening, but also containing it immediately, using authority that is acceptable within a democratic environment. As evident from this case, when a communal tension was simmering in his jurisdiction, an unfortunate event in which one person had already died, the SSP's priority was to do escort job for a Chief Minister, who does not have a good reputation in maintaining communal harmony. The 2002 Hindu-Muslim riot, of which mostly Muslims lost their lives and property, was orchestrated under Modi's tenure as the Chief Minister of the state. During that event also the fascist Hindu forces wantonly used the state police and the administration to locate, identify and murder and rape Muslims and destroy their property.
If that was an incident in which Dalits and the tribal were allegedly used against the Muslims. There are however studies that contradict this allegation though.
What is evident however in this instance is the overwhelming cornering of the underprivileged communities in the state, by the dominant communities, for political and material reasons. This incident also is one such where the state administration has miserably failed to restore peace in the state. The Bharwads are not an influential community however, since many are shepherds and most of them work as agricultural labourers. However, they are, according to the caste system in India, considered superior in caste hierarchy to the Dalits.
I therefore request you that:
1. That the state administration immediately intervene in the issue so that the communities do not face any further standoff between each other;
2. A judicial officer is appointed to investigate the case and the officer immediately records the statement of the witnesses;
3. The state administration undertakes a separate investigation about the incident;
4. Should the inquiry and the complaint filed by the victims' provide adequate information about the breach of law by the state police, immediate actions be taken against the officers involved in the case;
5. The inquiry complies with the directives issued by the National Human Rights Commission concerning extrajudicial executions.
6. The victims provided immediate protection and compensation.
Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Home Minister
Government of Gujarat
Block No.2, 3rd Floor
New Sachivalay
Gandhinagar - 382 010, Gujarat
INDIA
Fax: + 91 177 23250501
E-mail: pshome@gujarat.gov.in
2. Mr. Narendrabhai Damodardas Modi
Chief Minister
Government of Gujarat
New Sachivalay
Gandhinagar - 382 010,Gujarat
INDIA
Fax: + 91 177 23222101
E-mail: cm@gujaratindia.com
3. Director General of Police
Police Bhawan
Sector 18 Gandhinagar
Gujarat 382 009
INDIA
Fax: + 91 177 23253918
4. Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor
Sachivalaya, Gandhinagar
Gujarat
INDIA
5. Directorate of Scheduled Caste Welfare
Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor
Sachivalaya, Gandhinagar
Gujarat
INDIA
6. Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi - 110 001
INDIA
Fax + 91 11 23384918
E-mail: min-sje@sb.nic.in
7. Chairperson
National Commission for Scheduled Castes
5th Floor
Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
E-mail: jointsecretary-ncsc@nic.in or chairman-ncsc@nic.in
8. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail: chairnhrc@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
