INDIA: A man arrested with fabricated charges and paraded in under-clothed condition 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information by MASUM in West Bengal that a man named Mr. Madhusudan Seth was allegedly arrested with false charges and ill-treated by the Manteswar police in West Bengal.

The victim was arrested on the late night of 3 September 2004 and was produced before the court of Sub Divisional Judicial Magistrate [SDJM] on 4 September. The victim, who was in an almost naked condition as he was in bed at the time of arrest, remained this way while he was in police custody for two days from 4 to 5 September. Moreover, the police allegedly made the victim parade in public merely wearing his undergarments for several hours to humiliate him.

In particular, it was alleged that he was arrested after he had lodged a complaint about a case of domestic violence and urged the police to take steps. The victim lodged a complaint to the West Bengal Human Rights Commission about the incident but no action has yet been taken by the Commission to investigate the case. Your urgent action is required to take speedy corrective actions for this matter.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Madhusudan Seth, a small businessman, residing at village Mamudpur, Kalna, Bardhaman District, West Bengal, India
Alleged perpetrators: 1) Mr. Tudu, Circle Inspector of Police, Kalna, 2) Officer in Charge and several police officers attached to the Manteswar Police Station
Dates of the incident: 3-4 September 2004
Place of the incident: Manteswar Police Station limits, Kalna, Bardhaman District, West Bengal, India

Account of the incident:

At late night on 3 September 2004, Circle Inspector, Kalna, along with several police officers, has come to Madhusudan Seth’s house in Mamudpur, Kalna, Bardhaman District and looked for the victim, who was sleeping at that time. When Madhusudan Seth opened the door, the police have pulled him from the house and took him to the Manteswar Police Station in his undergarments without allowing him to slip into some clothes. The arrest has been made without issuing “Memo of Arrest” which is a mandatory requirement. Madhusudan Seth had to stay in the police lock-up with other detainees in an almost naked condition.

On the next morning (September 4), the police have put the victim in a bus full of passengers, and took him to Lichutala, 50kms away from the police station. Thereafter, he has been paraded 1.5kms from the bus stop to the Kalna Court in the same physical condition. The police have not allowed him to be fully clothed since his arrest.

It is reported that Madhusudan Seth as well as his family still suffers the trauma of being shamed in public. His lawyer, Advocate Goutam Goswami said, “The police has no power to take away even a hardened criminal in such a degrading manner.” Mamudpur villagers have protested against such degrading treatment in the courtyard of the court.

Madhusudan Seth was arrested under a minor criminal case, which is bailable, however he insisted that the police have fabricated the charges. According to the victim, he went to the Chapra Police Station, under Nadia district a few days before his arrest to lodge a complaint against a person for wife battering on behalf of the wife who talked to him about her suffering and asked for help. When he requested the Officer-in-Charge (O.C.) of the police station to take proper action regarding this matter, the O.C. of Chapra Polic Station got furious. The victim has alleged that in connivance with Chapra police, the Manteswar police have implicated him in the false case to harass him. After being released on bail, Madhusudan Seth has lodged a complaint at the West Bengal Human Rights Commission, but no action has yet been taken by the Commission to investigate this case.

Incidents of such gross violation happen regularly in India. Parading a person in a near-naked condition in public is in violation of his human dignity. In addition, Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights (ICCPR), which India is a state party to, clearly states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. This is also clearly stated in the Convention against Torture, which India has signed but has yet to ratify. AHRC urges the Indian government to ratify the CAT and to introduce the corresponding domestic legislation to prevent state agencies from committing such human rights violations.

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