Abuse of police power, due process, police brutality

May 6, 2016

INDIA: Two people killed and several injured due to police firing at a public protest in Arunachal Pradesh

ISSUES: Abuse of police power, due process, police brutality

Dear Friends,

The AHRC has received information from its partner organization Human Rights Alert in Manipur, that two persons have been killed and others injured due to police firing at a public protest in Tawang in Arunachal Pradesh. The public protest was organized to demand the release of activist Lobsang Gyatso, who has been protesting hydropower projects in Tawang.

CASE NARRATIVE:

On Thursday, 28 April 2016, Lobsang Gyatso was arrested for his alleged critical comments against Guru Rinpoche, the Abbot of Tawang Monastery. As reported in the Arunachal media, an audio clip was circulated on social media which shows Lobsang Gyatso asking the Abbot to stay away from the hydropower politics of Tawang since he was an outsider. The video is from a 2012 rally by Save Mon Region Federation (SMRF) and Buddhist Lamas against destructive hydropower projects in Tawang when the Abbot had allegedly asked the lamas to stay away from the anti-dam protests and the comment was apparently made in response to that. This incident resulted in a meeting being called on April 28 to protest against Lobsang Gyatso for his comments against the Abbot by some local leaders, and he was accused of hurting sentiments and defaming the Abbot. Subsequently, a police complaint was filed against Gyatso. Meanwhile, Gyatso too filed a police complaint against local leader Lobsang Youten. Youten was arrested and immediately granted bail, but Lobsang Gyatso was denied bail.

Since the arrest of Lobsang Gyatso on Thursday, the local people and lamas gathered asking for his release. According to Gyatso , when the people moved toward the police station to protest, they were fired upon with live bullets; apparently no tear gas or rubber bullets were used, and one of the deceased had a bullet in his forehead. Gyatso also said that among the deceased, a woman is yet to be identified and the other deceased was a class seven student of the Tawang Monastery, Lama Nima Wangde. He also stated that as per the latest reports, eight of their supporters have been severely injured, some of whom have been admitted in the army hospital in Tenga Valley.

After the firing leading to death of at least two and many injured, Lobsang Gyatso was given bail.

ADDITIONAL INFORMATION:

Gyatso also stated that he was first arrested on April 26, given bail and then re-arrested on April 28. He claims that these arrests are politically motivated and that the corrupt administration is trying to intimidate the naysayers. On April 7, the National Green Tribunal suspended the environmental clearance granted to the 780 MW Nyamjang Chhu Hydroelectric Project, by the Bhilwara Group in Zemithang on the eco-sensitive stretch of the Tawang River basin. According to the NGT, the project did not examine its impact on the habitat of the endangered species, the black-necked crane, endemic to the region.

Police brutality is commonplace in India, especially against people protesting for a cause. There are countless reports of police using excessive force against common people and recently, a video of the Delhi Police beating up protesters at a rally after the suicide of Rohit Vemula has surfaced. It is also becoming commonplace for the administration to file false cases against human rights defenders. The AHRC has received details of umpteen situations where fabrication of cases has been used as a tool to silence critics of the State.

The Supreme Court in the case of Nilabati Bahera v. State of Orissa [(1993) Crl. LJ 2899] awarded exemplary damages to the petitioner for the custodial death of her son and in the landmark case of D.K. Basu vs. State of West Bengal (AIR 1997 SC 610), the Court went on to speak of the punitive aspect of such malicious state action, and stated that mere punishment alone will not suffice and in such cases, the family members of the deceased must be provided with compensation. In Prakash Singh v. Union of India [ (2006) 8 SCC 1)], the Supreme Court established directives for police reform, thereby showing the urgent need for cleaning up the police administration in India.

Article 19 (1) (a) of the Constitution of India speaks of the right to freedom of speech and expression, and clauses (b) and (c) speak of the right to ‘assemble peaceably and without arms’ and the right to ‘form associations and unions’, respectively. The police action in this case is criminal as well as being unconstitutional, and against the fundamental rights of the people of India. This case shows the dire need for urgent investigation into cases of police brutality and punitive action to be taken against the criminal acts of the police officers who fired at the protesters. The culture of impunity that operates in India with respect to police action is condemnable and shameful for the world’s largest ‘democracy’.

SUGGESTED ACTION:

Please write letters to the following authorities calling on them to take the necessary action against the rogue police and security officials in this case. The AHRC is writing a separate letter to the UN Special Rapporteur on the situation of Human Rights Defenders.

To support this case, please click here:

SAMPLE LETTER:

INDIA: Two persons confirmed dead and several others injured due to police firing at a public protest in Arunachal Pradesh

Name of victims: Lama Nima Wangde and unconfirmed

Names of alleged perpetrators: Local police in Tawang, Arunachal Pradesh

Place of incident: Tawang, Arunachal Pradesh

I am writing to you to voice my deep concern about the killing of two protesters and injuring of several others due to police firing at a public protest in Tawang, Arunachal Pradesh.

On Thursday, April 28, activist Lobsang Gyatso was arrested for his alleged critical comments against Guru Rinpoche, the Abbot of Tawang Monastery. As reported in the Arunachal media, an audio clip circulated on social media which shows Lobsang Gyatso asking the Abbot to stay away from the hydropower politics of Tawang since he was an outsider. The video is from a 2012 rally by the Save Mon Region Fedration(SMRF) and Buddhist Lamas against destructive hydropower projects in Tawang when the abbot had allegedly asked the lamas to stay away from the anti-dam protests and the comment was apparently made in response to that. Due to this, a meeting was called on April 28 to protest against Lobsang Gyatso for his comments against the Abbot by some local leaders, and he was accused of hurting sentiments and defaming the Abbot. Subsequently a police complaint was filed against Gyatso. Meanwhile, Gyatso too filed a police complaint against local leader Lobsang Youten. Youten was arrested and immediately granted bail, but Lobsang Gyatso was denied bail.

Since the arrest of Lobsang Gyatso on Thursday, the local people and lamas gathered asking for his release. According to Gyatso , when the people moved toward the police station to protest, they were fired upon with live bullets; apparently no tear gas or rubber bullets were used and one of the deceased had a bullet in his forehead. He also said that among the deceased, a woman is yet to be identified and the other deceased was a class seven student of the Tawang Monastery, Lama Nima Wangde. He also stated that as per the latest reports, eight of their supporters have been severely injured, some of whom have been admitted in the army hospital in Tenga Valley.

After the firing leading to death of at least two and many injured, Lobsang Gyatso was given bail. Gyatso also stated that he was first arrested on April 26, given bail and then re-arrested on April 28. He claims that these arrests are politically motivated and that the corrupt administration is trying to intimidate the naysayers. On April 7, the National Green Tribunal suspended the environmental clearance granted to the 780 MW Nyamjang Chhu Hydroelectric Project, by the Bhilwara Group in Zemithang on the eco-sensitive stretch of the Tawang River basin. According to the NGT, the project did not examine its impact on the habitat of the endangered species, the black-necked crane that is endemic to the region. This was thus a victory for the protesters.

Police brutality is commonplace in India, especially against people protesting for a cause. There are countless reports of police using excessive force against common people and recently, a video of the Delhi Police beating up protesters at a rally for Rohit Vemula has surfaced. I have learnt that it is also becoming commonplace for the administration to file false cases against human rights defenders.

I have learnt that the Supreme Court in the case of Nilabati Bahera v. State of Orissa [(1993) Crl. LJ 2899] awarded exemplary damages to the petitioner for the custodial death of her son and in the case of D.K. Basu vs. State of West Bengal (AIR 1997 SC 610) also, the Court went on to speak of the punitive aspect of such malicious state action, and stated that mere punishment alone will not suffice and in such cases, the family members of the deceased must be provided with compensation. Also, in Prakash Singh v. Union of India [ (2006) 8 SCC 1)], the Supreme Court established directives for police reform, thereby showing the urgent need for cleaning up the police administration in India.

It has been brought to my notice that Article 19 (1) (a) of the Constitution of India speaks of the right to freedom of speech and expression, and clauses (b) and (c) speak of the right to ‘assemble peaceably and without arms’ and the right to ‘form associations and unions’, respectively. It is apparent thus that the police action in this case is criminal as well as being unconstitutional, and against the fundamental rights of the people of India. This case shows the dire need for urgent investigation into cases of police brutality and punitive action to be taken against the criminal acts of the police officers who fired at the protesters. The culture of impunity that operates in India with respect to police action is condemnable and shameful for the world’s largest ‘democracy’.

I wish for much-needed attention to be brought to this grave situation of human rights abuse on a global scale and hope the authorities are pressurized to take action. Therefore, I hereby request you to:

1. Order a thorough investigation of the situation in which the people protesting have been fired at by the police

2. Order compensation to be paid by the state to the families of the deceased and those injured due to the police brutality

3. Suspend the police officials involved pending the result of the investigation

4. Ensure that the issue of hydro-power projects, environmental degradation and allegations of corruption w.r.t these projects are thoroughly studied

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:
1. The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023 INDIA
[email protected]

2. Shri Rajnath Singh
Minister of Home Affairs
Room no 104, North Block, Central Secretariat
New Delhi – 110001
INDIA
Tel: +9111 23092462
Fax: +9111 23094221

3. Mr. Kalikho Pul,
Chief Minister of Arunachal Pradesh
The CM Secretariat,
CM Bungalow, Niti Vihar,
Itanagar - 791111
Arunachal Pradesh
INDIA
Ph: +91-360-2212456- 2212173
Fax: +91-360-2212439
Email: [email protected]

4. Mr. Moji Riba,
Special Secretary, Chief Minister of Arunachal Pradesh
Ph: +91- 8415807708
Email: [email protected]

5. Judges, Itanagar Permanent Bench ,
The Gauhati High Court
Itanagar Permanent Bench, D-Sector,
Naharlagun, Itanagar - 791110
Arunachal Pradesh, INDIA
Ph: +91-360-2247101

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission ([email protected]) Web: www.humanrights.asia
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