INDIA: Labour rights activist allegedly implicated in a false case by the police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that one renowned trade union activist and human rights defender namely Mr. Phani Gopal Bhattacharya, has allegedly been implicated along with 25 persons in a false case by the Bally police station, Howrah district, West Bengal state, India on 10 March 2007. Mr. Bhattacharya is a long time trade unionist, who led a long successful fight for the workers of the ‘Indo Japan Steel India Private Limited’ since its closure in 1996. He along with the activists of the Indo Japan Steels Limited Employees Union has been fighting for the rights of the workers, who were not paid their dues including due salary, closer compensation and workers own contribution to the Co-Operative Fund. Such action has been taken against the victim, while the liquidation process of the said factory is in final stage. This is clear attempt to discourage the workers so that the Aakar Commodeal Pvt. Ltd. can hush up the matter with the workers without paying them properly. 

CASE DETAILS:

The AHRC has received information that Mr. Phani Gopal Bhattacharya, the renowned human rights defender, who is Vice President of the MASUM, Secretary of Indo Japan Steels Limited Employees Union and Working President of Belur Sramajibi Shasthya Prakalpa Samity, popularly known as Sramajibi Hospital, West Bengal has been facing constant harassment along with 25 activists associated with the Indo Japan Steels Limited Employees Union by the police and Aakar Commodeal Pvt. Ltd. It is reported that Mr. Bhattacharya has been implicated in a false criminal case. In the First Information Report relating to this false case, 25 unnamed persons have also been included as the accused. Mr. Bhattacharya has been named as the principal offender in the FIR.

According to the information we have received, Mr. Asit Shaw, Inspector in Charge of the Bally police station has registered one false criminal case against Mr. Bhattacharya and 25 others vide Bally Police Case no. 66 of 2007 under sections 427/447/34 of Indian Penal Code. Section 427 is about “mischief causing damage to the amount of more than fifty rupees”, Section 447 is about “punishment for criminal trespass” and Section 34 is about “acts done by several persons in furtherance of common intention”. They were accused of entering the factory premises illegally.

To briefly explain the background of this case, Mr. Bhattacharya is a long time trade unionist and worker of the Indo Japan Steel India Private Limited. Since the factory was closed in 1996, he and other workers lost their job. At the time of the closure of the factory, the workers were not paid by the factory about their dues such as due salary, leave encashment, amount of gratuity, closer compensation, workers own contribution to the Co-Operative Fund, Provident Fund etc. The total amount of the unpaid money to the workers is approximately around 60 million rupees (about 1.38 million USD). Mr. Bhattacharya is one of the main figures who led a long successful fight for these workers for their labour rights.

According to the fact-finding done by MASUM, Mr. Bhattacharya and others have been implicated in a false case due to the workers’ constant calls for their legal demands from the company. At the moment the liquidation process of the said factory is in the final stage and the workers are demanding their lawful payment.

Since 1996, the workers, fighting for their lawful demands, have been facing constant harassment from every local administrative corner. For example, a big business house namely Aakar Commodeal Pvt. Ltd. has given bid in Calcutta High Court in the liquidation process but they have not yet deposited the full amount as was promised in the bid.

The workers have a legal right to stay within the factory premises and always keep themselves in order. They even have taken number of measures to prevent theft from the closed factories where valuable machineries are installed. The workers are entitled to get their due shares first of the sale proceeds of company assets.

Since the closure of the factory, the workers have all along control over a room which was used as the workers cooperative during the running period of the factory. The rooms are adjacent to the factory premises but the bidder/ business house allegedly started disturbing the workers of their possession in order to take control over it. Against such action by the business house, the workers held number demonstrations at the factory gate. It should be noted that the said business house has no legal right over the property of the factory, unless they deposit the entire amount in compliance with the order of the Calcutta High Court.

Mr. Sudip Kr. Panda, the de facto complainant of the said case is allegedly known as a security guard of the factory but the workers are not aware as to who assigned him to do this job. Through filing a false case against Mr. Bhattacharya and other 25 persons of Indo Japan Steels Limited Employees Union, the business house is attempting to prevent the workers from entering the factory premises illegally without any court order, despite the fact that they have no legal rights over the factory land and properties. The local police have also told the workers not to enter the factory shed. The Officer-in-Charge of the Bally police station informed the workers that he had an order from the higher officials that prohibited the workers entering the factory premises. However, the OC refused to show any written order upon the workers’ request. The workers met the Bally police on 7 March 2007 but no fruitful outcome came up during the meeting.

It is alleged that after the meeting, Inspector-in-Charge Asit Shaw and other police officers of the Bally police station fabricated the said criminal case based on a complaint lodged by Mr. Sudip Kr. Panda under the influence of the Aakar Commodeal Pvt. Ltd. on 10 March 2007.

On March 20, the Chief Judicial Magistrate of Howrah district granted bail to Mr. Bhattacharya relating to the said case.

The AHRC is deeply concerned by yet another blatant attack on the human rights activists defending the labour rights of the workers of the Indo Japan Steels Limited. We also notice with serious concern that such action has been taken in the final stage of the liquidation process of the said factory. This is clear attempt to discourage the workers so that the Aakar Commodeal Pvt. Ltd. can hush up the matter with the workers without paying them properly.  In this case, the police also abused legal actions against human rights defenders to please the big business house.

The AHRC is also concerned that any activist of the said trade union can be arrested by the police any time as the police can randomly accuse any of them as one of the 25 others in the said FIR.

In fact, Mr. Bhattacharya was arrested on 9 December 2005 by the Kolkata Police along with other human rights activists, when the MASUM protested against human rights violations in the West Bengal state, remarking the International Human Rights Day (See further: UA-237-2005)

More than 50 workers, who lost their livelihood and faced harsh financial problems, died since the closure of the factory.

LATEST INFORMATION: Just before issuing this Urgent Appeal, we were informed that the Aakar Commodeal Pvt. Ltd. deposited the entire amount of bids in compliance with the order of the Calcutta High Court on around March 20. Therefore this business house now has a legal right over the removal properties of the said factory. However, it should be noted that this business house did not have any legal rights over the property of the factory at the time that Mr. Bhattacharya and 25 others were charged on March 10. Therefore, the case against them should be dismissed as it cannot be constituted legally because the de facto complainant had no legal rights over the factory properties at the time of his complaint.

ADDITIONAL COMMENTS:

Right to form peaceful association and the use of collective bargaining is recognised as a fundamental right in the Indian Constitution. The Indo Japan Steels Limited Employees Union is workers association of ‘Indo Japan Steel India Private Limited’. The persons against whom the police have now registered the criminal case also belong to this union.

The company management employs various tactics to break the unity of such union and thus to discourage and demoralize the workers. The most common tactic is initiating false disciplinary actions or criminal cases against the members of the union.

Policing and judiciary in India are the two important elements within the state that could ensure protection, promotion and fulfillment of human rights. However, the functioning of both these institutions has failed thus far to deliver any result to the ordinary people in India. In theory, the Indian courts have developed considerable jurisprudence regarding issues relating to state responsibility and the obligations of the state vis a vis the rights of the people.

However, as of today this development is wilted owing to the lack of implementation of what the courts tried to bring into practice. Much of the failure was due to the inherent neglect of the government in implementing law in the country. Labour issues, one of the driving factors which unite the underprivileged in any reasonably functioning democracy, as of today in India, the largest democracy of the world, are treated as a threat to development. The corrupt policing and the insensitive lower judiciary are used to exploit the underprivileged in India. This case is yet another example which depicts this fall.

SUGGESTED ACTION:
Please write to the local authorities listed below and urge them to ensure that the false charges against the victims are withdrawn immediately. Please also urge them to take measures to stop constant harassment against them by the police and other concerned business house and ensure that the employees of the Indo Japan Steels Limited could receive their lawful payments in the liquidation process.

To support this case, please click here: SEND APPEAL LETTER