UPDATE (India): Murdered adivasi’s family lives in starvation while no action taken regarding his death 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-54-2005
ISSUES:

[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 updated 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)

According to the latest updates, no serious action has yet been taken to investigate the incident by the police or the Forest Department despite a complaint having been lodged at the Uchchhal Police Station and a criminal case currently pending at Vyara Fast Track Court regarding this (Case No.: 13/2002). The court proceedings are also dragging on so that the perpetrator is still walking free, despite having been charged with a non-bailable offense.

The victim’s wife Ravitaben Manishbhai again lodged complaints to the Social Welfare Officer and the Collector of Surat District on 22 April 2005 to file the case under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and requested rightful compensation.

Meanwhile, Ravitaben said that she and her four young daughters are struggling to survive day by day after her husband’s death. After the murder, Manishbhai’s family forced his wife and children to leave the home as they thought it was an ill omen to keep her there. She cannot find regular work and even when she finds work, she only gets Rs. 20 (USD 0.5) a day.  Under this dreadful situation, she and her four children are almost in starvation and she cannot support any of her children’s education. The youngest daughter, who was only 2 months old at the time of her father’s death, is now 2 and a half years old. (To see photo of the victim’s family in front of their hut, click: Photo 1)

We again call for your urgent intervention in this case. Please send a letter to local authorities 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 conduct an immediate and thorough inquiry into Manishbhai’s murder.

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. So far there has been no response from anyone.

SUGGESTED ACTION:
Please send a letter to the relevant authorities addressed below and ask them to provide compensation to the victim’s family and bring the culprit to justice without further delay.

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

SAMPLE LETTER

Dear _________,

Re: INDIA: Murdered adivasi's family lives in starvation while no action taken regarding his death 

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

I am writing to bring to your attention the murder of Manishbhai, an adivasi from Katiskuva village, in Tokarvav, Taluka Uchchhal, Surat District, Gujarat, India by forest guard Jitubhai Lalsingbhai Valvi, of Gawan range on 20 September 2001. The victim was killed simply for carrying a piece of wood. 

However, no serious action has yet been taken to investigate the incident by the police or the Forest Department despite a complaint having been lodged at the Uchchhal Police Station and a criminal case currently pending at Vyara Fast Track Court regarding this (Case No.: 13/2002). As a result, the perpetrator walks free, 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.

In the meantime, the victim's wife and her four children are struggling to survive day by day after her husband's death. The children cannot go for education and suffer from malnutrition. Although the victim's wife lodged complaints to the Social Welfare Officer and the Collector of Surat District several times to file the case under the Scheduled Caste/Scheduled Tribes (prevention of Atrocities) Act, 1989 and requested rightful compensation, there have been no response so far.  

I therefore urge you to ensure compensation is paid to the victim's family as soon as possible. I also urge you to provide appropriate assistance, including education, to the children. In particular, the Collector of Surat, the Forest Department and Social Justice and Empowerment Department must take appropriate action to provide urgent assistance and compensation to the victim's family. I further urge you to order an immediate and impartial investigation into Manishbhai's killing so that the culprit is brought to justice.  

I look forward to your urgent intervention in this matter. 

Yours sincerely,


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SEND A LETTER TO:

1. Mr. Kunwar Singh
Chairman
National Commission for Scheduled Tribes
Lok Nayak Bhawan, 5th Floor
New Delhi 110 003
INDIA
Tel: +91 11 2462 4628
Fax: +91 11 2462 4628
Email: mailto:ksingh_chairman.ncst@indiatimes.com

2. Chief Minister of Gujurat
Chief Minister's Office
Block No 1, 5th Floor 
New Sachivalaya
Gandhinagar 382 010 
INDIA 
Tel: +91-79-2 3232611 to 18 
Fax:+91-79-2 3222101 or 3243330
Email: cm@gujurat.india.com

3. Mr. Mangubhai Chhaganbhai Patel
Tribal Welfare (Minister in charge of the Forest Department)
Block No. 1, 7th Floor, New Sachivalaya
Gandhinagar - 382 010.
INDIA
Tel: - +91-79-2 3221186 or 3238075 
E-mail: min-fne@gujarat.gov.in

4. Ms. Vatsla Vasudeva
Collector of Surat District
Collector office, Nanpura 
Surat. 395 001, Gujarat
INDIA 
Tel: +91 261 2471121/ 2472471 
Fax: +91 261 2472419
E-mail: collector-sur@gujarat.gov.in 

5. Mr. O. Ravi
Secretary
Social Justice and Empowerment
Block No. 1, 17th Floor
New Sachivalaya, Gandhinagar 382010
INDIA
Tel: +91-79-2 3243506 or 3238152
Fax: +91-79-2 3254817/ 3221267 or 3232470

6. District Superintend of Police
Surat Rural
Killa, Chowk 
Surat 395 003, Gujarat
INDIA  
Tel: +91-261 2463984 or 2479164
Fax: +91-261 2479174

7. The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
India
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: covdnhrc@nic.inionhrc@nic.in

8. Mr. Doudou Diene 
Special Rapporteur on contemporary forms of racism and racial discrimination
C/o OHCHR-UNOG 
1211 Geneva 10 
Switzerland
Tel: +41 22 917 9271
Fax: +41 22 917 9050


Thank you.

Urgent Appeals Program 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Update
Document ID : UP-54-2005
Countries : India,