Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM in West Bengal regarding the alleged arbitrary arrest, illegal detention and brutal torture of seven rag pickers by the Baranagar police station in West Bengal on 22 December 2006 and 29 January 2007. The victims also allege that the police have fabricated charges against them. The victims are amongst the poorest and most marginalized group in West Bengal and have been targeted due to there vulnerability.
CASE DETAILS:
On 29 January 2007 between 11:30 am to 12:00 pm, two teenagers named Mr. Sattar Gazi and Mr. Mansur Sardar were collecting rags at Metharpara near the Baranagar Police Station and Bon Hooghly, which also falls under the same district police Station in Kolkata. Two police officers in civilian clothes arrested the men and took them into custody without showing a warrant or providing any reason. A case was later registered by the Baranagar police against the victims under section 380 of the Indian Penal Code and was then dated 27 January 2007, two days prior to their arrest.
The next morning on 30 January 2007 at 10:15 am, Mr. Sattar Gazi and Mr. Mansur Sardar, along with four other detainees named Mr. Sabadu Barman, Mr. Bihima Barma Mr. Nandan Das and Mr. Sukumar Das were taken to the government hospital for a check-up. After the hospital, the men were brought back to the police station. They were then sent to the court of the Additional Chief Judicial Magistrate of Barrackpore at 10.45 am. They were granted bail with the help of a hired advocate named Subhash Mullick who charged each detainee Rs 500 (USD 11). Subhas Mullick is regularly seen at the police station allegedly offering his services to rag pickers who have been illegally arrested for five hundred rupees.
Later, it was revealed that a man named Mr. Makhan Chakrabarty had registered a case of theft at the Baranagar police station. It is alleged that the Baranagar police have falsely implicated the poor rag pickers in this case to save face.
In a similar case, a rag picker named Kaua Seikh was allegedly tortured, assaulted and abused by a police officer from the Baranagar police station. On 22 December 2006 at around 10:30 am, Kaua was picking up waste paper when a police officer in civilian clothes started beating him without reason and then brought him to the police station. When Kaua asked to know what charges were laid against him, the police assaulted him and accused him of stealing a one-lakh vehicle worth twenty-five thousand rupees (USD 565). At 10:45 am, he was thrown inside police lock-up.
The next day, Kaua was brought before the court of Sub Divisional Judicial Magistrate of Barrackpore at 4:00 pm, after more than twenty-four hours from the time of his arrest. According to Indian Penal Code, a suspect in police custody must be brought before a magistrate within 24 hours. The Magistrate also did not enquire whether Kaua required medical attention as a result of the police torture. At 5:00 pm, an advocate informed Kaua that the Baranagar police had instituted false charges against him to justify the arrest. He was accused for using of non-registered handcart even though he does not own one.
ADDITIONAL COMMENTS:
Rag pickers are common throughout large cities in India. Most rag pickers are young boys from economically deprived backgrounds. The often lack education and come from migrant groups who have moved to the city in search of livelihood. They are amongst the poorest and most vulnerable groups in Indian society. Rag picking is a way to self-sustain their existence through sifting through rubbish dumps around the cities. There is a fine line between life and death for the thousands of marginalized groups who sustain their livelihood through this profession. Cities in India are experiencing an ever widening gap between the rich and the poor. Many have been left behind Indias recent economic boom and as a consequence have no choice but to become rag pickers. Rag picking is at the heart of Indias socially and economic inequality and is still not being adequately addressed by the government.
The domestic law in India, The Criminal Procedure Code demands that an arresting officer must record the reason of arrest and show the alleged suspect what charges have been filed against them. There were no reasons given to the victims in this case, which is a clear violation of the law.
In light of the above, it is evident that the police in West Bengal are enjoying complete impunity which is pushing the state in the direction of anarchism. The Baranagar Police are ignoring procedural law in the arrest of a person and is also violating specific directions of the Supreme Court. As a consequence, this impunity is effecting the most socially and marginalized people in the country.
SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below calling for an immediate investigation into the alleged arbitrary arrest and torture of rag pickers in West Bengal. The AHRC is also writing to the Special Rapporteur on the Question of Torture, Mr. Manfred Nowak and Ms. Leila Zerrougui, Chairperson of the Working Group on arbitrary detention, calling for an immediate intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Alleged arbitrary arrest and torture of 7 rag pickers by the Baranagar police
CASE 1
Name of the victims:
1. Mr. Sattar Gazi son of Late Mandar Gazi
2. Mr. Mansur Sardar son of Late Siraz Sardar, residing at 4, Basanti Colony, Ultadanga Police Station
3. Mr. Sabadu Barman
4. Mr. Bihima Barman
5. Mr. Nandan Das
6. Mr. Sukumar Das
The other rag pickers who reside under the jurisdiction of the Baranagar Police Station, Kolkata
Alleged perpetrators:
1. The Officers-in-charge of Baranagar Police Station
2. The arresting police officials of Baranagar Police station
3. Mr. Abhijit Chowdhury, Investigating Officer as well as Sub-Inspector of Baranagar Police Station
4. Subhas Mullick, Advocate practicing in the Assistance Sub Divisional Judicial Magistrate court of Barrackpore
Place of Incident: Metharpara, near Baranagar Police Station and Bonhooghly
Date and time of incident: 29 January 2007 at about 12:00 pm
CASE 2:
Name of victim: Kaua Seikh, residing at 4, Basanti colony, Koilkata-67, West Bengal, India
Alleged perpetrators: The arresting Police Officer of Baranagar Police Station, Kolkata, West Bengal
Place of Incident: Baranagar police station
Date and Time of Incident: 22 December 2006 at 10:30 am
I am writing to voice my concern about the alleged arbitrary arrest, illegal detention and brutal torture of seven rag pickers by the Baranagar police station in West Bengal 22 December 2006 and 29 January 2007. The victims also allege that the police have fabricated charges against them. The victims are amongst the poorest and most marginalized group in West Bengal and have been targeted due to there vulnerability.
I was informed that the above mentioned poor rag pickers were arrested by the police of different police stations going against the law of the country and direction of Supreme Court of India. Mr. Sattar Gazi and Mr. Mansur Sardar were collecting rags at Metharpara near the Baranagar Police Station and Bon Hooghly, which also falls under the same district police Station in Kolkata. Two police officers in civilian clothes arrested the men and took them into custody without showing a warrant or providing any reason. A case was later registered by the Baranagar police against the victims under section 380 of the Indian Penal Code and was then dated 27 January 2007, two days prior to their arrest.
I was also informed about another incident of arrest involving a rag picker named Kaua Seikh who was allegedly tortured, assaulted and abused by a police officer from the Baranagar police station. On 22 December 2006 at around 10:30 am, Kaua was picking up waste paper when a police officer in civilian clothes started beating him without reason and then brought him to the police station. When Kaua asked to know what charges were laid against him, the police assaulted him and accused him of stealing a one-lakh vehicle worth twenty-five thousand rupees (USD 565). At 10:45 am, he was thrown inside police lock-up.
The next morning on 30 January 2007 at 10:15 am, Mr. Sattar Gazi and Mr. Mansur Sardar, along with four other detainees named Mr. Sabadu Barman, Mr. Bihima Barma Mr. Nandan Das and Mr. Sukumar Das were taken to the government hospital for a check-up. After the hospital, the men were brought back to the police station. They were then sent to the court of the Additional Chief Judicial Magistrate of Barrackpore at 10.45 am. They were granted bail with the help of a hired advocate named Subhash Mullick who charged each detainee Rs 500 (USD 11). Subhas Mullick is regularly seen at the police station allegedly offering his services to rag pickers who have been illegally arrested for five hundred rupees.
I also know that a man named Mr. Makhan Chakrabarty had registered a case of theft at the Baranagar police station. It seems to me that the Baranagar police have falsely implicated the poor rag pickers in this case to save face.
It also pains me to hear the rag picking still exists in India. It is shameful that these individuals have been singled out by police. This community is one of the most vulnerable in the country and should be protected and helped by the government. Instead, they are forgotten and neglected.
I therefore urge you to immediately intervene in this situation by initiating an independent inquiry and take all necessary steps in the cases of arbitrary arrest of rag pickers on the basis of fabricated charges so that these poor people can achieve justice. I also request that an independent inquiry is conducted against the police officers responsible for violating the rules of arrest.
I trust that your intervention will be forthcoming in this matter.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings, Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480 / 2214 1341
Email: cm@writerscal.gov.in
2. The Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
3. The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in
4. The Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata – 700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
5. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
6. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
