Dear Friends,
The Asian Human Rights Commission has received information from the Narmada Bachao Andolan about the re-arrest of Medha Patkar and other activists. They were first arrested on 7 August 2017 after a 12 day fast against the Madhya Pradesh government’s decision to submerge the area where more than 7000 families are living. The police had then baton-charged them, seriously injuring 42 people, and forcibly removing the activists. They then admitted them in different hospitals far away. The activists continued to fast however, and moved a Habeas Corpus writ in the High Court forcing the government to release them. The authorities, however, intercepted them with more than 30 police vehicles in Dhar district on their way back to Barwani on August 9. They then slapped fabricated charges on them under sections 51 and 107 (abetment of violence) of the Indian Penal Code, and rearrested them all, while refusing to file the activists’ First Information Report against the cops involved in the baton charge.
The AHRC urges the government of Madhya Pradesh to immediately release them and ensure their physical integrity in view of their two week hunger strike.
CASE NARRATIVE:
On 9 August 2017, Dhar district police intercepted Medha Patkar and other Narmada Bachao Andolan (NBA) activists on a fast for 14 days, and arrested them on fabricated charges under Sections 51 and 107 of the Indian Penal Code. The activists were on their way back to Barwani, where more than 7000 families are facing imminent drowning because of the Madhya Pradesh Government’s decision to submerge their villages. Though Shivraj Singh Chauhan, the Chief Minister of the state, has himself denied it, the government had first arrested them on August 7, after a brutal baton charge with nails fixed on the batons. They were released however, after the activists refused to break their fast and moved a Habeas Corpus writ in the High Court.
The authorities had cracked down on them on August 7 while they were protesting against Madhya Pradesh government’s decision to submerge the area violating the Supreme Court of India’s order of not to evict persons without complete rehabilitation of the project-affected families. The police had also reportedly baton-charged the people protesting against the detention. Videos shot by the eyewitnesses show that the police officers had fixed nails on their batons causing serious injuries to many people. Male police officers also reportedly misbehaved with women protesters and sexually molested them.
Both the arrests are a serious violation of the rights of the people on many counts. To begin with, the officials of the Narmada Valley Development Authority (NVDA) themselves admit that around 6500 families are still staying put in the catchment area of the dam in Barwani and Dhar districts. Filling the catchment area in such a scenario amounts to drowning them all alive.
Further, various committees comprising of eminent citizens like former judges, civil servants, human rights defenders and journalists have all found serious discrepancies between claims of the government on rehabilitation and the facts on the ground. The latest of such committees was comprised of Mr. S. C. Behar, former Chief Secretary to Government of Madhya Pradesh, Mr. Arun Gurtoo, former Director General of Police, Madhya Pradesh, Mr. L. S. Hardenia, Senior Journalist and Mr. Chandrakant Naidu, former Regional Editor, Hindustan Times, Indian Express and former Executive Editor, Free Press Journal. This committee too reported that the families are inadequately compensated, rehabilitated or resettled as of 6 August 2017.
The committee also found that in many villages in the Tehsil (a revenue sub division) of Dharampuri, an area identified for resettlement, is a large stretch of unlevelled slushy land unfit for construction and will require filling of land to sustain the construction of houses. The compensation paid, however is grossly inadequate to meet such a construction cost. The committee found that the government has fixed a lump sum three-month compensation package at Rs. 80,000, irrespective of the size of lands submerged.
Furthermore, the NVDA has decided to close down the Grievance Redressal Authority (GRA) created by the Supreme Court. The GRA is the only platform the project-affected families could approach and has acted far more efficiently till date in redressing grievances than the NVDA, which has attempted to evict people at all costs. Shutting down the GRA is akin to denying the last available window to the project affected families.
Forced evictions do not only go against the local laws of the land, they also violate specific international obligations that the Government of India is bound to implement as a state party under international human rights instruments. Such evictions flout Article 11(1) of the International Covenant on Economic Social and Cultural Rights (ICESCR) promising adequate standard of living for a person and their family, including adequate food, clothing, and housing. They also violate Article 17(1) of the International Covenant on Civil and Political Rights offering protection from arbitrary or unlawful interference with his privacy, family, or home, among other things.
General Comment No. 4 of the Committee on Economic, Social and Cultural Rights further stresses that there should be “legal security of tenure including legal protection against forced evictions” while determining “adequacy” of housing. International legal opinion also holds the right to adequate housing as a justiciable and enforceable right as acknowledged by the Special Rapporteur in a report to the 58th session of the Commission (E/CN.4/2002/59).
SUGGESTED ACTION:
Please write to the authorities listed below, demanding intervention to ensure that the activists are immediately released and their physical integrity is ensured, and forced evictions of the families living in the submergence area is stopped.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Immediately release fasting NBA activists Medha Patkar and others on 14-day fast, ensure their physical integrity
Identities of the Victims: Medha Patkar, 11 other activists of Narmada Bachao Andolan, Madhya Pradesh
Identities of the Perpetrators: Local government authorities
Place & Time of Incident: Dhar and Barwani districts, ongoing since August 7, 2017
I am writing to you with grave concern regarding the rearrest of Medha Patkar and 11 other activists of the Narmada Bachao Andolan on August 9 in Dhar district, Madhya Pradesh.
On 9 August 2017, Dhar district police intercepted Medha Patkar and other Narmada Bachao Andolan (NBA) activists on a fast for 14 days, and arrested them on fabricated charges under Sections 51 and 107 of the Indian Penal Code. The activists were on their way back to Barwani, where more than 7000 families are facing imminent drowning because of the Madhya Pradesh Government’s decision to submerge their villages. Though Shivraj Singh Chauhan, the Chief Minister of the state, has himself denied it, the government had first arrested them on August 7, after a brutal baton charge with nails fixed on the batons. They were released however, after the activists refused to break their fast and moved a Habeas Corpus writ in the High Court.
The authorities had cracked down on them on August 7 while they were protesting against Madhya Pradesh government’s decision to submerge the area violating the Supreme Court of India’s order of not to evict persons without complete rehabilitation of the project-affected families. The police had also reportedly baton-charged the people protesting against the detention. Videos shot by the eyewitnesses show that the police officers had fixed nails on their batons causing serious injuries to many people. Male police officers also reportedly misbehaved with women protesters and sexually molested them.
Both the arrests are a serious violation of the rights of the people on many counts. To begin with, the officials of the Narmada Valley Development Authority (NVDA) themselves admit that around 6500 families are still staying put in the catchment area of the dam in Barwani and Dhar districts. Filling the catchment area in such a scenario amounts to drowning them all alive.
Further, various committees comprising of eminent citizens like former judges, civil servants, human rights defenders and journalists have all found serious discrepancies between claims of the government on rehabilitation and the facts on the ground. The latest of such committees was comprised of Mr. S. C. Behar, former Chief Secretary to Government of Madhya Pradesh, Mr. Arun Gurtoo, former Director General of Police, Madhya Pradesh, Mr. L. S. Hardenia, Senior Journalist and Mr. Chandrakant Naidu, former Regional Editor, Hindustan Times, Indian Express and former Executive Editor, Free Press Journal. This committee too reported that the families are inadequately compensated, rehabilitated or resettled as of 6 August 2017.
The committee also found that in many villages in the Tehsil (a revenue sub division) of Dharampuri, an area identified for resettlement, is a large stretch of unlevelled slushy land unfit for construction and will require filling of land to sustain the construction of houses. The compensation paid, however is grossly inadequate to meet such a construction cost. The committee found that the government has fixed a lump sum three-month compensation package at Rs. 80,000, irrespective of the size of lands submerged.
Furthermore, the NVDA has decided to close down the Grievance Redressal Authority (GRA) created by the Supreme Court. The GRA is the only platform the project-affected families could approach and has acted far more efficiently till date in redressing grievances than the NVDA, which has attempted to evict people at all costs. Shutting down the GRA is akin to denying the last available window to the project affected families.
Forced evictions do not only go against the local laws of the land, they also violate specific international obligations that the Government of India is bound to implement as a state party under international human rights instruments. Such evictions flout Article 11(1) of the International Covenant on Economic Social and Cultural Rights (ICESCR) promising adequate standard of living for a person and their family, including adequate food, clothing, and housing. They also violate Article 17(1) of the International Covenant on Civil and Political Rights offering protection from arbitrary or unlawful interference with his privacy, family, or home, among other things.
General Comment No. 4 of the Committee on Economic, Social and Cultural Rights further stresses that there should be "legal security of tenure including legal protection against forced evictions" while determining "adequacy" of housing. International legal opinion also holds the right to adequate housing as a justiciable and enforceable right as acknowledged by the Special Rapporteur in a report to the 58th session of the Commission (E/CN.4/2002/59).
I therefore urge you to ensure that Medha Patkar and other activists are immediately released and their physical integrity is ensured in the wake of their 14-day long fast. Also, the fabricated charges against them must be immediately revoked, and a First Information Report against the cops involved in baton charge with batons fixed with nails must be filed, impartially investigated and those found guilty should be prosecuted.
Please further ensure that no families are evicted until rehabilitated and resettled in the letter and spirit of the Resettlement and Rehabilitation package in accordance with the Supreme Court orders including land for land and employment for at least one member of each family.
Thank you.
Yours sincerely
_______
PLEASE SEND YOUR LETTERS TO:
1. Shri Narendra Modi
Prime Minster
Government of India
Room No. 148 B, South block,
New Delhi
INDIA
Fax: + 91 11 230116857; 23015603
2. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: +91 11 2338 4863
E-mail: chairnhrc@nic.in
3. Thaawar Chand Gehlot,
Minister,
Ministry of Social Justice and Empowerment,
Government of India
Shastri Bhawan,
Dr. Rajendra Prasad Marg, New Delhi
Ph: +91 11- 23381001 and
Fax: +91 11-23014432
E-mail: min-sje@sb.nic.in
4. Chairperson,
National Commission for Scheduled Castes,
Lok Nayak Bhawan, Khan Market,
New Delhi – 110003
INDIA
FAX: 91-11-24632298
Email: chairman-ncsc@nic.in
5. Mr. Shivraj Singh Chouhan
Chief Minister
Government of Madhya Pradesh
Bhopal, Madhya Pradesh
INDIA
Fax: + 91 755 2441781; 2540501
Email : cm@mp.nic.in
6. Shri Basant Pratap Singh
Chief Secretary,
Government of Madhya Pradesh,
Bhopal, Madhya Pradesh,
India.
Fax: +91 755 2441751; 2441521
Email: cs@mp.nic.in
7. Shri Shriman Shukla
District Magistrate
Dhar Collectorate
Dhar
Madhya Pradesh
INDIA
Email: dmdhar@nic.in
8. Shri. Birendra Kumar Singh
Superintendent of Police
SP Office
Prakashnagar
Dhar
Madhya Pradesh
INDIA
Email: spodha@mp.gov.in
Thank you
Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
