13.01.2014 Views

“Being Neutral is Our Biggest Crime” - Global Coalition to Protect ...

“Being Neutral is Our Biggest Crime” - Global Coalition to Protect ...

“Being Neutral is Our Biggest Crime” - Global Coalition to Protect ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

investigation in<strong>to</strong> human rights abuses within the state. 151 SHRC <strong>is</strong> also empowered<br />

<strong>to</strong> initiate action based on complaints received by it. 152 But its members <strong>to</strong>ld Human<br />

Rights Watch that they had not initiated any suo motu investigation in<strong>to</strong> human<br />

rights abuses. 153 They further stated that they had not received any complaints<br />

regarding Salwa Judum or Naxalite abuses against villagers from Dantewada and<br />

Bijapur d<strong>is</strong>tricts. 154 However, local NGOs said that they had submitted many<br />

complaints <strong>to</strong> the SHRC that went uninvestigated. 155<br />

On April 15, 2008, in response <strong>to</strong> a petition presented before it in 2007, the Supreme<br />

Court of India ordered the NHRC <strong>to</strong> “examine/verify” allegations of human rights<br />

abuses and submit a report <strong>to</strong> the court. 156 The court further ordered the Indian<br />

central and Chhatt<strong>is</strong>garh state governments <strong>to</strong> cooperate during the inquiry. 157<br />

D. Government intimidation of NGOs, journal<strong>is</strong>ts, and lawyers<br />

Lawyers, NGOs, and journal<strong>is</strong>ts <strong>to</strong>ld Human Rights Watch that they feel insecure and<br />

fear arbitrary arrest as Naxalite sympathizers whenever they voice critic<strong>is</strong>m of<br />

government policy on the Naxalite <strong>is</strong>sue or criticize the Salwa Judum campaign. 158<br />

151 <strong>Protect</strong>ion of Human Rights Act, 1993, http://nhrc.nic.in/hract.htm#Chap1, sec. 29 read with sec. 12.<br />

152 Ibid.<br />

153 Human Rights Watch group interview with Chairperson Singh and two other members, Chhatt<strong>is</strong>garh State Human Rights<br />

Comm<strong>is</strong>sion, Raipur, December 17, 2007.<br />

154 Ibid. The Chhatt<strong>is</strong>garh SHRC members stated that between April 2005 and March 2006, they had received only two<br />

complaints on <strong>is</strong>sues related <strong>to</strong> Naxal<strong>is</strong>m, but were not sure whether these complaints emerged out of the conflict in<br />

Dantewada and Bijapur d<strong>is</strong>tricts. In one of the cases in 2006, they had awarded compensation <strong>to</strong> the complainant—the<br />

complainant’s child was m<strong>is</strong>taken for a Naxalite and shot dead by the police. They were not able <strong>to</strong> furn<strong>is</strong>h Human Rights<br />

Watch with more details regarding th<strong>is</strong> case. The SHRC members stated that they had not received any other complaints<br />

pertaining <strong>to</strong> the conflict between government security forces, Salwa Judum, and Naxalites.<br />

155 Human Rights Watch interviews with Subash Mohapatra, Forum for Fact-Finding, Documentation, and Advocacy, Raipur,<br />

December 17, 2007; Himanshu Kumar, Vanvasi Chetna Ashram, Kawalnar, December 9, 2007. Mohapatra <strong>to</strong>ld Human Rights<br />

Watch that he had filed more than 300 complaints on a wide range of <strong>is</strong>sues including human rights abuses in the context of<br />

the conflict in Bijapur and Dantewada d<strong>is</strong>tricts, and said that a majority of them had gone uninvestigated.<br />

156 Nandini Sundar and others v. State of Chhatt<strong>is</strong>garh, Criminal M<strong>is</strong>cellaneous Petition No. 6462 of 2008, Order, April 15,<br />

2008, http://courtnic.nic.in/supremecourt/temp/wc%2025007p.txt (accessed April 17, 2008).<br />

157 Ibid.<br />

158 Human Rights Watch interviews with Ratneshwar Nath, Kanker, January 25, 2008; Rajendra Sail, People’s Union for Civil<br />

Liberties, Raipur, December 17, 2007; K.P. Agarwal, advocate, Jagdalpur, February 2, 2008; Himanshu Kumar, first interview,<br />

December 9, 2007; Subash Mohapatra, Forum for Fact-Finding, Documentation, and Advocacy, Raipur, December 17, 2007;<br />

Kamlesh Paikra, former journal<strong>is</strong>t, Dantewada, December 11, 2007.<br />

61<br />

Human Rights Watch July 2008

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!