âBeing Neutral is Our Biggest Crimeâ - Global Coalition to Protect ...
âBeing Neutral is Our Biggest Crimeâ - Global Coalition to Protect ...
âBeing Neutral is Our Biggest Crimeâ - Global Coalition to Protect ...
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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