INDIA: A Dalit youth brutally tortured whilst in police custody at the Njarackal Police Station

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the torture and inhuman and degrading treatment of a Dalit youth, called Sharavanan, by police officers attached to the Njarackal Police Station between 22 September 2004 and 30 September 2004.  The victim was detained on 22 September 2004, following a complaint lodged against him, regarding the theft of a fishing boat. It is alleged that the police also tried to implicate the victim in the other theft cases. 

While he was illegally detained for eight days at the Njarackal Police Station, he was constantly subjected to severe torture including repeated beatings to the chest, back, stomach and head. The victim also suffered inhuman and degrading treatment, with police officers forcing urine into his mouth. As a result of the torture, the victim is now in hospital in a serious condition, having shown no sign of improvement since being admitted. 

Local Dalit groups lodged a complaint, on behalf of the victim, to the Kerala State Human Rights Commission, the Dalit Commission, the Chief Minister of Kerala, and the Director General of Police.  To date, no action has been taken. Your urgent action is required to request the authorities to take corrective actions into this matter.   

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

Name of the victim: Sharavanan, 24 years old, a casual labourer belonging to Dalit community, resident of Kalathithara house, Valiyavattom, Njarackal P.O., Ernakulam District, Kerala, India
Alleged Perpetrators: 1) Sub Inspector (S.I.) Sajeeve K.M. of the Njarackal Police Station, 2) probationary S.I. Anilkumar of the Njarackal Police Station, 3) Four other police constables attached to the Njarackal Police Station, Ernakulam District., Kerala (can be identified by the victim when be seen)
Date of illegal arrest and torture: From 22 September 2004 to 30 September 2004 
Police station involved: Njarackal Police Station

Case details: (According to the victim’s account)

In late August, the victim, Sharavanan, had a dispute with his fellow men who had committed wrongs against him. In retaliation, he had untied a country-boat which belonged to one of his opponents, Manoj, son of Madhavan, who later lodged a complaint against Sharavanan alleging him of stealing his fishing boat. 

Consequently Sharavanan was arrested from his worksite on 22 September 2004 by two police constables from the Njarackal Police Station. The constables took the victim to their station where Sharavanan was produced before the Sub Inspector Sajeeve K.M. who interrogated him regarding the theft of a boat.  The victim admitted he untied the boat, however denied stealing the boat. When the victim told the police this, the Sub Inspector, Sajeev, became furious and hit the victim with great force in the chest.  Sharavanan fell to the floor from the impact and remained unconscious for approximately 5 hours.

Later that evening (on 22 September), the probationary Sub-Inspector Anilkumar arrived at the police station and began torturing the victim whilst pressuring him to confess to the theft of the boat.  With the victim still denying any role in the boat’s disappearance, Anilkumar together with the help of four police constables from the station, continued to torture the victim until the early hours of the following morning (23 September).  

Anilkumar also tried to implicate the victim in the other theft case and began pressuring him to confess to the theft of a sword from the local Hindu temple, which had gone missing a few days earlier.  Sharavanan pleaded that he had no knowledge of the sword, but Anilkumar did not listen.  Instead, the probationary Sub-Inspector became even more furious and proceeded to chain Sharavanan’s hands from behind.  He then continued to torture the victim, beating him from the front and back, with the assistance of other policemen.  Anilkumar repeatedly punched the victim in the stomach and made many forcible hits to the victim’s chest, back and head.  At the same time, two police constables were pushing the victim about, and were slapping and hitting him on the head and face.

At this point, the victim was no longer capable of standing up.  As he lay on the floor, a police constable forced a mug of urine into the victim’s mouth.  Following this, another constable began whipping the victim’s feet with a long cane.

The police kept Sharavanan in illegal custody for eight days. During his detention, the victim was beaten every day with a new cane, with the previous one having been reduced to pieces, and had urine forced into his mouth on four separate occasions.  The police also took photos of Sharavanan with different items that they accused him of stealing in separate incidences.  

On 30 September 2004, the victim was taken to the local government hospital at Njarackal, and was transferred to the General Hospital at Ernakulam on 5 October 2004, due to the severity of his injuries.  The victim remains in hospital and is unable to move his body, has suffered serious damage to his organs, is unable to urinate, is passing blood and has had his vision impaired.  He is also suffering from fear and anxiety due to his 8 days of detention, torture, and inhuman and degrading treatment.  

Official complaints have been forwarded by local Dalit groups on behalf of the victim, to the Kerala State Human Rights Commission, the Dalit Commission, the Chief Minister of Kerala, and the Director General of Police.  To date, no action has been taken.

AHRC strongly urges the relevant authorities to investigate this case.  The brutality of the torture inflicted upon the victim, together with the inhuman and degrading treatment he had to endure, are gross violations of law and human rights standards.  Furthermore, the police have tried to implicate the victim to other incidences and the charges they have laid against him, show evidence of fabrication.

Incidences of such gross violations of law and human rights violations happen regularly in India.  AHRC urges the Indian government to ratify the UN Convention against Torture and to introduce corresponding domestic legislation to prevent state agencies from committing such human rights violations.

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