UPDATE (India): No compensation to family of adivasi, murdered by forest official, despite a four year wait 

[Re: UA- 50 -2005: INDIA: Three and a half year wait for justice for the brutal murder of an Adivasi (tribal person) by a forest official in Gujarat]

Dear friends,

The Asian Human Rights Commission (AHRC) has received information on the case of Manishbhai Motibhai Vasava (30), an adivasi who was murdered by an Indian Forest Department staff member at Katiskuva village, near Tokarvav, Taluka Uchchhal, District Surat, Gujarat, India on 20 September 2001. (See further: UA-50-2005 and UP-54-2005).

According to the latest information, the Government of Gujarat claims that the forest guard responsible for Manishbhai’s death also happens to be an adivasi and, as per the provision of Government of India’s notification (dated 31 March 1995) regarding Schedule Tribe (Prevention of Atrocities Act, 1989), if a scheduled tribe is victimised by another scheduled tribe then no compensation is provided. Therefore, Manishbhai’s family cannot be given any compensation.

However, the State Government has said that the Collector, and District Development Officer, Surat have been instructed (letter dated 3 June 2005) to verify whether the victim’s family can be provided any help under the prevailing government schemes.

However, four years have past and no compensation has yet been given to the family as they continue to suffer. Each day is a struggle as Ravitaben (victim’s wife) cannot find regular work and even when she does, the payment is too meagre to sustain herself and her four daughters.

AHRC therefore calls for your urgent intervention. We strongly believe that since this is a case of murder the perpetrator must be punished under the local criminal laws and not necessarily under the Prevention of Atrocity Act. Also 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 four years when the earning member of their family, an innocent man was shot dead. The government must acknowledge their dire situation 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.

Please send a letter to local authorities and others urging them to compensate the victim’s family and provide appropriate assistance, including education to the children as soon as possible. Please also urge them to ensure that the perpetrator is duly punished for this horrific crime.

BRIEF REMINDER OF THE CASE:

Name of the victim: Manishbhai Motibhai Vasava, age 30, resident of Katiskuva village, near Tokarvav, Taluka Uchchhal, Surat District, Gujarat, India
Place of incident: On the State Highway No. 53, about 1½ kms from Tokarvav village, Taluka Uchchhal, Surat District, Gujarat, India
Date of incident: 20 September 2001

On 20 September 2001, Manishbhai Motibhai Vasava, a 30-year-old adivasi man, was shot dead by Jitubhai Lalsingbhai Valvi, the beat guard of Gwan Range (close to Tavli Range), while walking along the State Highway No.53 with his friend. It is alleged that Jitubhai was under the influence of liquor.

After the incident, the First Information Report (FIR) was filed under Section 302 of the Indian Penal Code (IPC) and Section 25 (c) of the Indian Arms Act (case no. 561/2001) at the Uchchhal Police Station. A criminal case is now pending at the Vyara Fast Track Court (Case No.: 13/2002). Jitubhai was arrested but later released on bail by the High Court of Gujarat, despite having been charged with a non-bailable offense. There have been allegations that witnesses have been pressured and bribed into withdrawing their statements from the case.

The victim’s wife Ravitaben made applications to the Collector of Surat District and to the Social Welfare Officer on 12 November 2001 and 22 April 2005 to file the case under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and requested rightful compensation. She also requested the Forest Authorities to look into the case impartially and provide compensation.

SUGGESTED ACTION:
Please send a letter to local authorities urging them to compensate the victim’s family immediately and ensure that the perpetrator is punished for his crime.

 

 

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