Complaint with NHRC: Indigenous Persons incluing Minors subjected to Arbitrary Detention

Imphal, 25th July 2015

The Centre for Organisation Research and Education (CORE) Manipur has submitted a complaint to the National Human Rights Commission (NHRC) today on 25th July 2015 regarding Ninety-Two (92) Indigenous Persons including Minors subjected to Arbitrary Detention, Assault, Torture and Cruel and Inhuman or Degrading Treatment or Punishment by Manipur Police personnel of Manipur during the period from 8-16 July 2015.

In the complaint, CORE submitted to the NHRC that there are no reports of any complaints, FIRs or actions taken upon against those police personnel who were involved in the Arbitrary Detention, Assault, Torture and Cruel and Inhuman or Degrading Treatment or Punishment by Manipur Police personnel of Manipur during the period from 8-16 July 2015 in the name of controlling “unruly mobs” in the Imphal when the victims, many of whom are minors and students, were actually participating in peaceful rallies and protests in support of the adoption of an appropriate law in Manipur to safeguard the indigenous peoples.

The complaint was registered against the following public servants:
1. Manipur Police officers & personnel stationed under Porompat Police Station (Imphal East), Lamphelpat Police Station (Imphal West), Imphal Police Station (Imphal West), Singjamei Police Station (Imphal West) and Lamlai Police Station (Imphal East)
2. Superintendent of Police (Imphal West), Imphal
3. Superintendent of Police (Imphal East), Porompat
4. Executive Magistrate on duty (Imphal West) and Executive Magistrate on duty (Imphal East)

The complaint also named the following authorities as answerable:
1. Shri. Shahid Ahmad, IPS, Director General of Police (Government of Manipur), Police HQ, Imphal
2. Shri. Gaikhangam, Deputy Chief Minister in charge of Home Affairs (Government of Manipur), Imphal
3. Shri. Okram Ibobi Singh, Chief Minister (Government of Manipur)
4. Shri. M. Okendro, Education Minister (Government of Manipur)
5. Shri. Th. Debendra Singh , Law & Legal Affairs Minister (Government of Manipur)

The complainant prayed that the Hon’ble Commission be pleased:

1. To assign an independent police officer(s) to investigate all the cases of Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur included in this complaint under the Section 14 of the Protection of Human Rights Act, 1993.

2. To conduct a camp sitting at Imphal to record evidences and hear the victims of Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur

3. To direct the state government of Manipur to register an FIR under appropriate penal law against those police personnel who involve in the Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur and prosecute any police personnel who are found guilty.

4. To direct the state government of Manipur to ensure compensation, medical, social and psychological reparation and rehabilitation to all torture victims at the earliest.

5. To review, develop and give directions and guidelines to the Government of Manipur on the standard operation procedure (SOP) of the district administration and police in Manipur in the control of crowds, peaceful processions and protests, including the use appropriate force to the extent required by the situation, and the prohibition of arbitrary detention, torture and custodial violence.

6. To take up any necessary actions in which the Commission consider deem fit and proper in the facts and circumstances of the present case.

[Dr. Laifungbam Debabrata Roy]
President
Elders’ Council

To
The Chairperson
National Human Rights Commission
Manav Adhikar Bhavan
Block-C, GPO Complex
INA, New Delhi - 110023

MANIPUR: Indigenous Persons including Minors subjected to Arbitrary Detention, Assault, Torture and Cruel and Inhuman or Degrading Treatment or Punishment by Manipur Police personnel

A. COMPLAINANT'S DETAILS
1. Name: Laifungbam Debabrata Roy 3.State: Manipur
2. Sex: Male
4. Full Address:
C/O Centre for Organisation Research & Education (CORE)
Ibotombi Building (First Floor)
Babupara
Imphal 795001
Manipur
5. District: Imphal West District
6. Pin Code -795001
B. INCIDENT DETAILS
1. Incident Place(Village/Town/City)
Various Areas of Imphal West and East Districts
2. State Manipur
3. District Imphal West And East Districts
4. Dates of Incident: 8, 9, 10, 11, 12, 13, 16 July 2015
C. VICTIM'S DETAILS
(See ANNEXURE I for details)
1. Names of the victim
ARBITRARY DETENTION

1. Ningthoujam Leisemba
2. Amom Wangthoi (Bobosana)
3. Khomdram Ratan
4. Johnson Elangbam
5. Meisnam Rojit
6. Laiphangbam Sanatomba Roy
7. Lairikyengbam Albert
8. Lairenlakpam Chinglemba
9. Sougrakpam Jack
10. Thoudam Alex
11. Lourembam (O) Nganbi
12. M Keinahanbi
13. AK Purnimashi
14. Chingkheinganbi
15. Akoijam Bibishon
16. Ahanthem Romakanta
17. Bidyakumar Khwairakpam
18. Rajkumar Abinash
19. Rajkumar Abochamba
20. Ngariyanbam Bhubaneshwor
21. Thiyam Kabichandra
22. Khangembam Shining
23. Konjengbam Premkanta
24. Ningthoujam Robindro

TORTURE AND CRUEL AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

1. Anita
2. Chochon
3. Gourachandra
4. Ratan
5. Ananda
6. Lucy
7. Sarju
8. Chuchung
9. Letmiley
10. Alish
11. Kamar Jawan
12. K. Roger
13. Sanglakpam Sunanda Sharma

NOTE THAT A SEPARATE NARRATIVE FOR THIS CASE IS ANNEXED AS ANNEXURE NO. II FOR THIS CASE

14. P. Roneldo
15. Th. Jashawanta
16. Lalit
17. Ningthoujam Leisemba
18. Amom Wangthoi alias Bobosana (Note that the name and alias are used interchangeably in the annexed documents of the complaint)

NOTE THAT A SEPARATE NARRATIVE FOR THIS CASE IS ANNEXED AS ANNEXURE NO. III FOR THIS CASE
19. Haobijam Reson Singh

NOTE THAT A SEPARATE NARRATIVE FOR THIS CASE IS ANNEXED AS ANNEXURE NO. IV FOR THIS CASE

20. Moirangthem Johnson
21. Mousokip Tuikhang
22. Sanasam Preety
23. Chanambam Omila Devi
24. Sapam Robinhood
25. Laishram Ithoisana Chanu
26. Loutongbam Sanjukta
27. Salam Susma Devi
28. Rojita Huidrom
29. Baby Daina Laishram
30. Miss Ester
31. Priyarani Tekcham
32. Loitongjam Bidyarani
33. Huidrom Marina
34. Kshetrimayum Shusitra
35. Oinam Aviya
36. Boikim Khongsai
37. Miss Geneview
38. Mothang Toireishim
39. Miss Inchenbi
40. Pebam Sonia
41. K. Malemganbi
42. Hoijemmi Singson
43. L. Nirmala
44. Hoinu Vaiphei
45. Loushanbam Ranjita
46. Elangbam Langlen Devi
47. Lamabam Monika
48. Paonam Nongpokganbi
49. Miss Tompokganbi
50. R.K. Sandya
51. Lairenlakpam Sailendra
52. Yukhaibam Kiran Singh
53. Tensubam Nikky
54. Thoudam Rajen
55. Khomdram Ratan
56. Johnson Elangbam
57. Meisnam Rojit
58. Laiphangbam Sanatomba Roy
59. Lairikyengbam Albert
60. Lairenlakpam Chinglemba
61. Thangjam Mahes
62. Hawaibam Sunil
63. N. Naoba
64. Sougrakpam Jack
65. Thoudam Alex
66. Moirangthem Mani
67. Pulsam Sharma
68. Moirangthem Nelson
69. Sanjenbam Tamo
70. Maibam Arun
71. Balson Sharma
72. Lourembam (O) Nganbi
73. M Keinahanbi
74. AK Purnimashi
75. Chingkheinganbi
76. Akoijam Bibishon
77. Ahanthem Romakanta
78. Bidyakumar Khwairakpam
79. Rajkumar Abinash
80. Rajkumar Abochamba
81. Ngariyanbam Bhubaneshwor
82. Sorokhaibam Priyanka Devi
83. Thiyam Kabichandra
84. Khangembam Shining
85. Konjengbam Premkanta
86. Ningthoujam Robindro
87. Kangujam Bijenti
88. Potshangbam Mubi
89. Ningombam Thoibi
90. Thiyam Sanatombiv 91. Sapam Pramo

2. State: Manipur
3. No. of victims: 91 (Ninety one)
4. Full Address: Please Find Details In Annexure No. I
5. District: Imphal West And East Districts
6. Pin Code: 795001
7. Religion: UNKNOWN
8. Caste: UNKNOWN
9. Sex: As given in ANNEXURE NO. I
10. Age: As given in ANNEXURE NO. I
11. Whether Disabled (SC/ST/OBC/General) person:

Few (at least two) are ST and majority (more than 70) are OBC, details unknown

D. Brief summary of facts/allegations of human rights involved

The Joint Committee on Inner Line Permit System (JCILPS) has announced to boycott the 11th Session of the 10thManipur Legislative Assembly session from 8th July, 2015 demanding replacement of the controversial Manipur Regulation of Visitors, Tenants and Migrant Workers Bill, 2015 (MRVTMWB). Huge peaceful rallies and processions were taken out by youth and students on 8th July, 2015 across Imphal.

After police resorted to use of violent methods such as threat by firearms, lathi charge, tear gas, shells and firing of live rounds against the protesters, many of the protestors were arbitrarily detained, tortured and /or beaten black and blue by the police. One student, a minor bit of 15 years, died as a consequence of injuries suffered when reportedly police fired rubber bullets at his face in close range. The death sparked off even more protests in Imphal areas.

The Imphal East and Imphal West district magistrates proclaimed indefinite curfew under CrPC 144 on 8th July 2015 from 4:00 PM in the twin districts in separate orders issued by the two DCs. But the dusk to dawn curfew (5:00 AM to 7:00 PM) is still imposed in both the district till date after the curfew was gradually relaxed over several days. (see ANNEXURE V: Curfew related orders by DC)

All the schools are closed in the pretext of giving safety and security to the students temporarily but there is no proclamation such order neither nor any school resuming any classes till the filing of this complaint. The prolong closure of schools is in contravention to the Right of Children to Free and Compulsory Education Act, 2009and violation of the constitution of India.

In many areas like Singjamei, Khurai, Lamlong, etc many ILP supporters were tortured, beaten up, tear gas shells used indiscriminately and inappropriately, rubber bullets fired in huge numbers, mock bombs let off, lathi-charges performed and physical assault to protestors by Manipur police. According to a report of the Officer in Charge (OC) of Porompat Police Station (Imphal East District) the police personnel were authorised by the Executive Magistrate on Duty to use “minimum force, like lathi charge, tear gas, shells and rubber bullets.” This is a huge untruth because the use of minimum force to control a crowd or “unruly mob” does not entail such measures as are listed and attributed to the Executive Magistrate on Duty. (see ANNEXURE VI: Report of OC Porompat PS)

Some of those torture victims were hospitalized at 1) Jawaharlal Nehru Institute of Medical Sciences, 2) Regional Institute of Medical Sciences, and 3) Raj Medicity, etc. Many torture victims are suffering from trauma and other fear psychosis, and other health issues due to Manipur police atrocities. The state government does not look into the torture victims and their welfare including medical expenses, social and psychological rehabilitation, etc

However, till the filing of this complaint, there is no report of any actions taken by the government of Manipur upon those police personnel who involve in the arbitrary detention, torture, custodial violence and inhuman degrading treatments to the minors and civil populace in the name of law and order in the district.

E. Whether complaint is against Members ofArmedForces/ Para-Military
No

F. Whether similar complaint has been filed before Court/ State Human Rights Commission
None

G. Name, designation & address of the public servant against whom Complaint is being made
1. Manipur Police officers &personnel stationed under Porompat Police Station (Imphal East), Lamphelpat Police Station (Imphal West), Imphal Police Station (Imphal West), Singjamei Police Station (Imphal West)
2. Superintendent of Police (Imphal West), Imphal
3. Superintendent of Police (Imphal East), Porompat
4. Executive Magistrate on duty (Imphal West) and Executive Magistrate on duty (Imphal East)

H. Name, designation & address of the authority/officials to whom the public servant is answerable

1. Shri. Shahid Ahmad, IPS, Director General of Police (Government of Manipur), Police HQ, Imphal
2. Shri. Gaikhangam, Deputy Chief Minister in charge of Home Affairs (Government of Manipur), Imphal
3. Shri. Okram Ibobi Singh, Chief Minister (Government of Manipur)
4. Shri. M. Okendro, Education Minister (Government of Manipur)
5. Shri. Th. Debendra Singh , Law & Legal Affairs Minister (Government of Manipur)

I. Background to the events

The 2011 Census of India returns for the State of Manipur revealed that the population of those persons from outside the state had reached a figure that started ringing alarm bells among the indigenous population. According to the census data, there were 7,40,488 non-Manipuris compared to an indigenous tribal population recorded at 6,70,00 and that of the Meitei at 7,51,208. Alarmed over the tremendous increase in the population of non-Manipuris, the Federation of Regional Indigenous Society (FREINDS) in 2012, spearheaded an intensive state-wide public campaign for the imposition of an appropriate legislation like the Inner Line Permit System (ILPS) which are currently promulgated in Arunachal Pradesh, Mizoram and Nagaland in order to strictly regulate entry of non-Manipuris into the State. Various other kinds of legislation are presently promulgated in other Indian States such as Himachal Pradesh and Karnataka to prevent land alienation from the indigenous and tribal populations of these States without prior permission from the government.

FRIENDS had also, since 2005, been conducting various protests on this issue. Widespread concerns were expressed serious concern over the uncontrolled influx of non-locals in all the districts of Manipur that the indigenous population in the State may soon one day be reduced to a minority in their own land. The fears expressed included apprehensions that influx of non-locals in huge numbers will obliterate or seriously undermine the political rights, existing land holding patterns, economy, culture and social systems of the indigenous people.

Many forms of peaceful protests and public strikes were called by many civil society organisations including student’s unions/associations for the quick adoption of an appropriate legislation. The public campaign quickly gained momentum, and to further the demand for the implementation of ILPS in the State, a committee named the Joint Committee on Inner Line Permit System (JCILPS) comprising various organisations from the hill and the valley was formed in July 2012. Members of the JCILPS included representatives from civil society organisations such as NIPCO, FREINDS, HERICOUN, KukiInpi, TKS, AMSU, DESAM, KSA, SUK, SWAK, Zeliangrong Union and Komrem Union, Manipur.

The Manipur State Legislative Assembly subsequently adopted a resolution in 2012, and again in 2013, to impose the ILPS in Manipur. The JCILPS had also conducted protests in New Delhi and the issue was repeatedly raised in Parliament by the Members of Parliament (Lok Sabha) from Manipur, Shri ThangsoBaiteand Dr. ThokchomMeinya. Many political parties, such as the Trinamool Congress, CPI, CPM, JD-U, NCP, All India Forward Block, RSP, CPI (ML), BSP, MDPF, LJP, JD (S), MPP, AAP, BJP, etc., came forward in support of the popular demand.

With the mass movement for enforcement of ILPS in Manipur resurging with renewed vigour, an all political party meeting was held on 6 August 2014, and a 13-member committee headed by Deputy Chief Minister Shri. Gaikhangam as president was constituted to study the demand for ILPS together with legal experts. The committee decided to call and listen to the suggestions of representatives of the JCILPS so that the Government and the JCILPS can work together on the popular demand.

Finally, a bill “The Manipur Regulation of Visitors, Tenants and Migrant Workers (MRVT&MW) Bill 2015” was introduced in the State Assembly and adopted in March 2015. But a day after the Manipur Regulation of Visitors, Tenants and Migrant workers Bill 2015 was passed in the State Legislative Assembly, the JCILPS and various organisations/committees all over the State erupted into mass protests demanding immediate removal of the Bill as it was found to be not in keeping with the resolutions of the Assembly nor the desires of the JCILPS. The adopted Bill was dubbed an outright deception of the people and disrespect to the resolution of the House, and the JCILPS strongly demanded the resignation of the Chief Minister on moral ground.

The demand for the withdrawal of the Bill grew in strength rapidly along with the demand for the introduction of new Bill in keeping with the people’s desires. The Bill failed to get the assent of the Governor of Manipur, and the government came under tremendous pressure to withdraw the Bill. During the monsoon Budget session of the State Assembly in July 2015, mass protests continued with increasingly frequent violent clashes between the protestors and the police. On 8th July, the situation took an ugly turn when a peaceful protest rally taken out by schoolchildren were fired upon by the police who attacked using lathi charge, tear gas, shells and rubber bullets in Imphal. Many students were severely injured by the police brutality that took place without any formal warning as per rules and guidelines of crowd control. A minor schoolboy of 16 years died as a consequence of severe beating and injuries on his face caused by rubber bullets fired upon him by the police at close range.

The tragic death of the schoolboy triggered further protests that spread like wildfire across the central Imphal districts and other outlying districts. An indefinite 24 hour curfew was imposed the same evening under sub-section (2) of Section 144 CrPC, 1973 to prohibit the movement of anyone outside their respective residences with effect from 4:00 pm of 8 July 2015 by the two District Magistrates of Imphal West and Imphal East districts.

Despite the prohibitory curfew, protestors defied the orders and came out in protests through the two districts. The police resorted to indiscriminate attacked upon the protestors using teargas shells, mock booms and rubber bullets, and dozens of protestors were severely tortured, beaten up and injured; many of them were minors.

Till the filing of this complaint, dusk to dawn curfew is still imposed in Imphal West, while Imphal East is still under indefinite curfew since 8 July 2015 without any relaxation.

J. Prayer/Relief if any, sought

The complainant therefore prays that the Hon’ble Commission be pleased:

1. To assign an independent police officer(s) to investigate all the cases of Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur included in this complaint under the Section 14 of the Protection of Human Rights Act, 1993.

2. To conduct a camp sitting at Imphal to record evidences and hear the victims of Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur

3. To direct the state government of Manipur to register an FIR under appropriate penal law against those police personnel who involve in the Arbitrary Detentions, Torture, Custodial Violence and Cruel and Inhuman or Degrading Treatment or Punishment in Imphal East and Imphal West District of Manipur and prosecute any police personnel who are found guilty.

4. To direct the state government of Manipur to ensure compensation, medical, social and psychological reparation and rehabilitation to all torture victims at the earliest.

5. To review, develop and give directions and guidelines to the Government of Manipur on the standard operation procedure (SOP) of the district administration and police in Manipur in the control of crowds, peaceful processions and protests, including the use appropriate force to the extent required by the situation, and the prohibition of arbitrary detention, torture and custodial violence.

6. To take up any necessary actions in which the Commission consider deem fit and proper in the facts and circumstances of the present case.