INDIA: Brutal custodial torture of two men from the tribal community in Areth police outpost of Surat District, Gujarat 

Dear friends

The Asian Human Rights Commission (AHRC) has received information regarding the brutal custodial torture of two tribal men at Areth police outpost in Surat District, Gujarat, India. According to information received Mr. Dinu Gurjibhai Gamit and Mr. Rameshbhai Melekbhai Gamit, aged 33 and 32 years, who belong to the tribal community were fighting against an illegal quarry being run by a local. The quarry is alleged to be polluting the environment and also causing devastation to the agriculture in the local village. It is also alleged that the explosions carried out in the quarry is a threat to the life of the villagers living nearby and that the quarry owner had encroached into local grazing land.

The two victims who are also elected members of the local Gram Panchayat had in the recent past lobbied against the quarry and had managed to pass a resolution against the quarry in the Gramsabha to have it closed. It is informed that in retaliation to the resolution the quarry owner Mr. Haribhai Parmar influenced the local police and managed to register false charges against the two victims. Even though the victims were produced in court on November 9 and granted bail on the same day, they were held in custody by the police overnight. On November 10 the police took them to Areth police outpost where they were brutally beaten up in public. The victims as of now are undergoing medical treatment and their complaint against the police officers has been turned down.

The AHRC is deeply concerned about this incident and calls for your urgent intervention in this case. In India it is often the case that the wealthy and the influential use the police to impart a reign of terror to meet their personal interests against the poor and marginalised and especially the tribal and the dalits. Please ask the Director General of Police to order an impartial inquiry into this incident and see that the perpetrators are duly punished.  Adequate compensation must also be provided to the victims for the injuries they sustained and for their illegal detention.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims:
1. Mr.Dinu Gurjibhai Gamit, aged 33 years, residing at Motherkui village, Surat District, Gujarat, India
2. Mr. Rameshbhai Melekbhai Gamit, aged 32 years, residing at Motherkui village, Surat District, Gujarat, India
Alleged perpetrators:
1. Mr. Abhijit Parmar, Sub Inspector
2. Mr. Jayant Gamit, Police Constable
3. Mr. Shailesh Gamit, Police Constable
4. Mr. Khuman Vasava, Police Constable
5. Mr. Ratilal Chaudhai, Police Constable
6. Mr. Mahendra Patel, Police Constable
7. Mr. Rohidas, Police Constable attached to Areth police outpost
Of the above police officers 1 to 6 are attached to Mandvi police station, Surat, Gujarat
8. Mr. Haribhai Parmar, (quarry owner) residing at 8384 Morar Nagar, opposite Vrishabh Appartments, Rander Road, Surat, Gujarat, India
Place of the incident: Areth police outpost under the jurisdiction of Mandvi police station, Surat District
Date of the incident: 10 November 2005

Case details:

The victims, Mr. Dinu Gurjibhai Gamit and Mr. Rameshbhai Melekbhai Gamit are two tribals from Motherkui village who are also the elected representatives to the local Gram Panchayat (local body). The victims in the past had lobbied in the Gramasabah for a resolution by the Panchayat to stop the operation of a local quarry, which is causing havoc to the environment and is a threat to the villagers. The illegal quarry run by one Mr. Haribhai Parmar is causing problems like tampering the water table in the locality and polluting the environment with the dust generated from it. The occasional blasts carried out in the quarry are also a threat to anyone living nearby. The quarry has also encroached into local grazing lands.

The resolution passed by the Gramasabah was communicated to the authorities who refused to intervene. Meanwhile the owner of the quarry, who was on inimical terms with the two victims for their activity against the functioning of the quarry, managed to influence the local police and register a case against the victims on an allegation that the victims had forcefully entered into the office of the quarry and had caused damages to property. In the complaint it is also alleged that the victims demanded Rs. 20,000.00 (USD 438) from the quarry owner to stop their campaign against the quarry.

The complaint dated 8 November was registered as crime number 113/2005 at Mandvi police station, the local police station entertaining jurisdiction over the area. The case against the victims was registered under Sections 385 (putting persons in fear of injury in order to commit extortion), 448 (house trespass), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), 427 (mischief causing damage to the amount of fifty rupees) and 114 (abetment of a crime).

Upon learning of these charges, Dinu surrendered to the police on November 9. His friend Rameshbhai was arrested on November 8; the day on which the complaint was registered. The Sub Inspector tortured Rameshbhai while he was in custody on November 8 at the Mandvi police lock up. Later the Mandvi police produced the victims before the Magistrate Court Bardoli. The Magistrate granted bail to the victims and ordered their release. However, the police registered a new case against the victims on the same day and they were therefore detained in custody on the night of November 9 at the police station.

On November 10 the victims were taken to Areth police outpost within the jurisdiction of Mandvi police station. The victims and the police reached Areth by about 10 am. Soon after the police officers started beating up the victims with sticks and poles in the presence of the local people who had also gathered at the outpost. While continuing the beating the police asked them to fall on their knees and once the victims did this the police started beating them on their buttocks. The beatings continued for some time, together with verbal abuse and threats made by the police to the victims to stop complaining about the quarry. As a result of the torture the victims were unable to walk.

The following is the medical report detailing the injuries sustained by the victims. The medical report was issued on November 10 by the Rural Health Centre, Mandvi.

Certificate issued to Mr. Dinu Gurjibhai Gamit

This is to certify that Mr. Dinu Gurjibhai Gamit aged about 36 years residing at Motherkui, Mandvi, Surat District came to Rural Health Centre and Child Health Centre Mandvi Distrcit at 06.15 pm on 10 November 2005 without police escort.

He was examined by me and the following has been noted:

History of injury due to beating by four police officers on 10 November 2005 at about 10.30 am by a stick.

Injuries noted on examination:

1. Bruise over right leg anterior surface of thigh region, swelling and tenderness present
2. Multiple bruises over the back of right leg, tenderness and swelling present
3. Multiple bruises over the back of left leg, tenderness and swelling present
4. Multiple bruises over both buttocks, tenderness and swelling present
5. Blunt injury on the sole of the feet, tenderness and swelling present

Treatment given: The patient is hospitalized for treatment as an inpatient

According to my opinion the above injury may be caused by a hard/blunt object

(signature)
Dr. C. C. Patel
Rural Health & Child Care Centre Mandvi
10 November 2005

Certificate issued to Mr. Rameshbhai Melekbhai Gamit

This is to certify that Mr. Rameshbhai Melekbhai Gamit aged about 35 years residing at Motherkui, Mandvi, Surat District came to Rural Health Centre and Child Health Centre Mandvi Distrcit at 05.45 pm on 10 November 2005 without police escort.

He was examined by me and the following has been noted:

History of injury due to beating by four police officers on 10 November 2005 at about 10.30 am by a stick.

Injuries noted on examination:

1. Multiple parallel bruises over back of right leg, eight in number, tenderness and swelling present
2. Three parallel bruises over back of left leg, tenderness and swelling present
3. Multiple bruises over both right and left buttock, tenderness and swelling present
4. Blunt injury to the sole of feet, tenderness and swelling present

Treatment given: The patient is hospitalized for treatment as an inpatient

According to my opinion the above injury may be caused by a hard/blunt object

(signature)
Dr. C. C. Patel
Rural Health & Child Care Centre Mandvi
10 November 2005

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The second victim Mr. Rameshbhai Melekbhai Gamit gave a statement to a local human rights group. The following is the statement of Mr. Rameshbhai as received by the AHRC:

Rameshbhai Melekbhai Gamit is 32 years old. He is a farmer. He is also an elected member of the Gram Panchayat (village local body). His wife’s name is Radhaben. She is 29 years old. They have a daughter aged 13 years named Heenaben and a son aged 11 named Hiteshbhai.

Fours years back, I was elected as a member of the Gram Panchayat. Ever since, I have been quite active in the development of the village. Divanbhai [1st victim] is my friend and both of us tried to work together for the development of the village. But the Sarpanch (Chairperson of the village) of the Village Panchayat did not like it as he was interested in making money through foul means. So my friend and I used to come to arguments with the Sarpanch. Both of us used to play active role in Gramsabhas (village assembly) and raise many issues that concerned adivasis [tribal]. The Sarpanch did not like this since he was not getting chances to cheat the village people on development works.

In order to better the economic condition of our people, I tried hard to create a milk co-operative society in the village. At present I am one of the committee members of the society.

For the last 10 years or so, our village has been facing problems from pollution from a stone quarry which was started by a person from Surat. His name is Mr. Harilal Tulsibhai  Parmar. He started his quarry in the land belonging to the adivasis. After that he extended his quarry to the common land of the Village Panchayat. The land is owned by the Village Panchayat. This is very close to the village and is causing a lot of harm to the people and also damaging the land that belongs to the village. Mr. Harilal Tulsibhai Parmar also encroached the village grazing land. So I and my friend Dinubhai started opposing this vehemently. This irritated Mr. Harilal. He wanted to make quick money at the cost of the village people. He has his connection with the politicians and also the police. So he used to insult us and threaten us. But we did not give in. We wanted the common land of the village and we did not want this land to be used by vested interests. The encroachment had taken place in Survey no. 84 as per the government records.

So to prevent further encroachment, we met the people, and then called for the Gramsabha and made resolutions against this encroachment and wanted this encroachment to be removed so that the village people could live in peace. We sent forward this resolution to the concerned government departments and also to the elected members. But no one took any interest in this. Because of this, I and my friend Dinubhai were threatened often and were told to give up opposing the quarry.

On the 2nd of November, Dinubhai and I went to make a telephone call at the quarry. The watchman of the quarry did not allow us to use the phone. Since the watchman did not allow us to use the phone we argued with him to allow us to use the phone. Still he did not allow us. So we came off from the quarry. In the evening around 7.00 pm the watchman of the quarry informed this incident to Mr. Harilal the owner of the quarry. The watchman’s name is Bhikhabhai Vasava.

Taking advantage of this situation, Mr. Harilal, the owner of the quarry, filed a false complaint against both us on 8th November. On the same day in the evening at about 8.00 pm the police arrested me in my house. Then I was taken to Mandvi police station. There the Sub Inspector of Police tortured me. His name is Mr. Abhijit Parmar. Learning about my arrest, on the 9th, my friend Dinubhai, came to the police station. From Mandvi, we were taken to the First Class Judicial Magistrate, Bardoli.. We got bail from the court and were released also. Soon after this, the police registered a patty case against us under Section 107 of the Criminal Procedure Code [abetment of an offense]. We were kept at the police station on 9th night. Then on the 10th at about 10.00 am, we were taken to Areth village to the police outpost. The people of my village were not informed about this.

After taking us to Areth outpost, in the presence of 200 to 300 people, in the open, around six police men beat us up very brutally. While beating us up, the police were threatening us and shouting at us not to complain about the quarry in the future.

After beating us, the police took us back to Mandvi police station. From there, our village people took us to the Community Health Centre for treatment. We have been beaten up so much that we are not able to stand or sit or even lie down. Till 19th we were taking treatment at the government hospital. On 19th, we were discharged. But still we are not alright and the pain is unbearable. Besides the physical pain, the mental pain and humiliation of being beaten up in front of so many people in public and being abused, is intolerable.

We tried to make a complaint against the police men who beat us up. But our complaint was not entertained by anyone.

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The AHRC strongly condemns this atrocity meted out against two innocent tribal men for voicing their opposition to the quarry. This is not the first instance where the AHRC has reported cases involving human rights violations by the police instigated by the rich and influential in India. In fact the policing in India has deteriorated to such a state that anyone can use the police to seek revenge upon their rivals.

In this instance, since the two victims come from the tribal community, any offence committed against them must be registered under the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act.  Under the provisions of this Act, lodging false complaints and registering false charges against a member of the Scheduled Caste or Tribe is an offense punishable with imprisonment and fine. That apart, this is a clear case where the police officers involved in this case must be charged for assault and torture.

India has resisted from ratifying the International Convention against Torture on the pretext that its domestic mechanism and laws are capable of preventing custodial torture. However, in reality the existing domestic mechanism is not capable of preventing custodial torture and this case is yet another example of this. In spite of numerous findings of various courts in the country and the guidelines issued by the Supreme Court of India regarding arrest and detention, this case demonstrates how the laws are flouted and court orders disregarded on a daily basis. This is also a clear example to show the extent of impunity enjoyed by the police in India.

SUGGESTED ACTION:

Please write to the Director General of Police asking him to order an impartial inquiry into this incident and see that the perpetrators are duly punished and the victims are adequately compensated for their injury and loss.

 

 

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