HUMAN RIGHITS OF STATES

INTRODUCTION: All human beings,for the simple reason that they belong to human kind are
entitled to enjoy certain rights from the cradle to the grave.These rights are their birth rights and therefore called natural rights.These are the basis entitlements of human beings without which life is not worth living,satisfying,enjoyable and meaningful. Human right is a concept that has been constantly evolving throughout human history.The situation of human right in India is a complex one because of its large size and tremendous diversity,its statute as a developing country and its history as a former colonial territory and as a state of India, the human rights of Assam is also a complex one. Section 2 of the Protection of Human Rights Act 1993 states that the rights relating to life, equality, and dignity of the individual are granted under the constitution or embodied in the International Covenants are enforceable by courts in India and International Covenants means the International Covenants on Civil and Political Rights and the International Covenants on Economics, Social and Cultural Rights adopted by the General Assembly of United Nations on the 26th December 1966. The Act also provided under Chapter 5 for the setting up of the state human right commission in states which is empowered to perform all the functions which are entrusted to the National Human Rights Commission.

STATE HUMAN RIGHTS COMMISSION: Section 21 of the Protection of Human Rights Act 1993 under Chapter 5 lays down that the State Government should also constitute a state
Human rights Commission. The state human rights commission have been established in 16 states viz, Jammu and Kashmir, Himachal Pradesh, Punjab, Rajasthan, Madhya Pradesh, Chattisgarh, Maharashtra, Kerala, Tamil Nadu, West Bengal, Assam, Manipur, Andhra Pradesh, Orissa, Karnataka and Uttar Pradesh. The National Human Rights Commission in its 1998-99 report has recommended that the state level commission be established rapidly where they do not exist yet.

The Commission is required to submit its annual reports to the state government and the state government shallsubmit the report before each house of state legislature with a memorandum of action taken and the reason for non-acceptance of recommendation. The state commission shall be consist of ----------------------------------a) b) c) d) A chairman who has been a ChiefJustice of High Court. One member who is or hasbeen a judge of a High Court. One member who is or hasbeen a District Judge in the state. Two members from amongst the persons having knowledge of or political experience in matters relating to human rights. The Commission has also aSecretary who is the Chief Executive officer of the state commission.

FUNCTION OF HUMAN RIGHT COMMISSION:

1)The Commission inquire into the matters if a petition is given by the victim or any other person on his behalf into complaint. a)If the human rights areviolated. b) Negligence in the prevention of such violation by a public servant. 2) If any proceeding involving any allegation of violation of human rights pending before the court, then with the approval of such court, the commission can intervene. 3) The Commission often visit jail or any place where the persons are detained or protrction, to study the living conditions of the inmates and make recommendation thereon. 4) Review the safeguard provide by or under the constitution or any law for the time being in force for the protection of human rights and recommended measures for their effective implementation. 5) Review the factors including the act of terrorism that inhabits the enjoyments of human rights and recommended appropriate remedial measures. 6) Undertake and promote research in the field of human rights.

7) Spread human rights literacy among various section of the society of the society and promote awareness of safeguards available for the protection, media, seminar and other available means. 8) Encourage the efforts of non-govermental organisations and institutions working in the field of human rights. 9) Such other functions as it may considernecessary for the promotion of human rights.

POWERS OF HUMAN RIGHTS COMMISSION: A) The State Commission shall, while

inquiring into complaints and this Act, have all the powers of a Civil Court trying a suit under the Code of Civil Procedure,1908 and special in the following matters-----------Summoning and enforcing the attendance of withness and examining them on oath. 1) 2) 3) 4) Discovery and production of any document. Receiving evidence of affidavits. Requisitioning any public record or copy thereof from any court or office. Issuing commissionsfor the examination of withnesses or document.

Any other matter whichmay be prescribed. B) The state commission shall have the power to inquire any person subject to any privileges which may be claimed under any law for the time being in force to furnish information on points or matters useful for, or relevant to the subject matter of inquiry. C) They also have the power to facilitate the process of inquiry undertaken by it. D) The state commission shall be deemed to be a civil court and every proceeding before it shall be deemed to be a judicial proceeding within the meeting of Section 193 and Section 196 of the India Penal Code.

ASSAM HUMAN RIGHTS COMMISSION: The situation of human rights in the northeast states of India deteriorated rapidly after the Indian army was deployed in November 1990 to fight
against secessionist insurgents. Insurgency in the State of Assam rose in a political context as like in the other adjoining states. But the government has chosen to view it solely as a security problem, and has adopted policies to root out insurgency military. Not only it has borne no fruits, but it has aggravaledthe Human Rights situation drastically. Since Independence in 1947the regions of northeast India, the most backward places of India have seen uprising and secessionist activities and as a remedy to that was born the Armed Force Act(AFSPA) in 1958. Such armed activities spread to Assam and increased in the late 1980 s.In 1990 Surender Paul an influential member of the tea producing groups, was killed by insurgents. Soon after the army was deployed to flush out the militant. The methods of army operation began as Operation Bajrang and has been finally given a more institutional frame work under the Unified Command in the beginning of1997. The Army operation started with extensive search and arrest operations in the village. Villagers were required to line up in a nearby field

usually in the dead of night and questioned. Some are taken to army camps for further questioning which generally include torture. Many innocents have either lost their lives or have been struggling for life. Villagers have been treated, harassed, raped, assaulted and killed by soldiers attempting to frighten them into identifying suspected insurgents. RAPE- Rapes generally takes place during search and arrest operations. TORTURE- Almost all persons picked up for questioning, whether belonging to any insurgent or not, whether combatant or non-combatant and torture for information. Some of the methods used include electric shocks to genitals, cigarette burns, pulling out of finger nails, dunking the head under water/urine repeatedly hanging upside down for prolonged period etc.
EXTRA JUDICIAL KILLING- Sometimes when the conditions of torture victims deteriorate, the victims are killed and the killing passed off as due to an encounter.

VIGILANT GROUPS-A number of vigilant groups are active in the region. ParagDas,awellknown human rights activist journalist was killed by unidentified gunman, suspected to be members of a vigilant groups. Most of the operations are conducted by the security forces either in civil dress or with identifying insignia missing from their uniforms.
Some of the demerits of the Armed Forces (Special Power)ct-------------

The Army operations in Assam are conducted under the infamous Armed Forces (Special Power) Act 1958 revised 1972. Under Section 4 of this Act, any personal of the Indian Army above the rank of private (jawan) can shoot to kill, destroy property search without warrant or arrest anyone who has committed or about to commit a cognizable offence. And to invoke this provisions, the officer need only be of the opinion that it is necessary to do so. This in effect gives the Indian Army right to kill anybody at will. Under Section 6 no legal proceeding can be brought against Army personal without the permission of the central government. This Sections effectively shields the Indian Army completely from any responsibility for its actions. This Act is applicable only in the seven northeastern states of Assam, Manipur. CASES OF AN EXTRA JUDICIAL KILLINGS, TORTURE, RAPE ETC ARE ON THE INCREASE AS THE INDIAN ARMY FIGHTS VARIOUS INSURGENCY GROUPS IN THE STATE--------------------CheniramNath, a human rights activist, was picked up by the Indian Army on 30 May, 1997. On 1 June, 1997, his dead body was handed over to the Police. Part of his skull was missing and his body bore bayonet marks. According to the Army, he was killed in an encounter on 31st May, 1997; even though there was no encounter on that day with the insurgents.
On the night of 13th January 1997, Army personnel raided Rajbari village in Nagaon district. In the raid, Dashrat Singh, a villager was pushed by a jawan with his loaded rifle which went off. The bullet tore open Dashrat Singh's skull. When the commanding officer cried "Raju", the jawan replied "GaltiHogayi, Saab" (It was a mistake, Sir). That was the end of the matter.

On July 25, 1997, jawans of the 25 Punjab Regiment raided Kumarchuburi village, Sonitpur district. The villagers were made to assemble in the center of the village. Meanwhile two of the jawans entered the house of Umesh Koch and tried to molest his wife. When she managed to escape, the jawans raped his twelve year old daughter, Mamoni. When Mamoni's

grandmother tried to intervene, she was kicked. After the incident, the jawans left a ten rupee note for Mamoni.

HUMAN RIGHTS COURT: One of the objects of the Protection of Human Rights Act, 1993 as stated in the preamble of the Act, is the establishment of human rights courts at district level. The creation of Human Rights Courts at the district level has a great potential to protect and realize human rights at the grassroots. Section 30 of the Protection of Human Rights Act says about the human rights court for the purpose of providing speedy trial of offences arising out of violation of human rights, the state government of the Chief Justice of the High Court, by notification, specify for each district a court of session to be human rights court to try the human rights violated cases. For the purpose of conducting cases in the Human Right Court. The State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than 7years as a Special Public Prosecutor.

The Protection Human Rights Act 1993, dose not give any clear indication or clarification as to what type of offences actually are to be tried by the Human Rights Courts. No efforts are made by the Central Government in this direction. Unless the offence is not defined the courts cannot take cognizance of the offences and try them. Till then the Human Rights Courts will remain only for namesake. Even if "offences arising out of violations of human rights" are defined and clarified or classified, another problem arises in the working of the Human Rights courts in India. The problem is who can take cognizance of the offences. It is silent about taking of cognizance of the offence. The Prevention of Corruption Act, 1988 is another law, which provides for appointment of a Sessions Judge in each district as Special Judge to try the offence under the said Act. Provision has been made in section 5 of the Prevention of Corruption Act, 1988 empowering the Special Judge to take cognizance of the offences under the said Act. In the Protection of Human Rights Act, 1993 it is not so.

Sessions Court of the district concerned is considered as the Human Rights Court. Under the Criminal Procedure Code, 1973 a Sessions Judge cannot take cognizance of the offence. He can only try the cases committed to him by the magistrate under Section 193 of the Cr.P.C. There are only 9 Human Rights Courts in Assam out of 28 districts as it is inactive in nature for which the Central Government or the State Government have designated only 9 courts as the Human Rights Courts in Assam.

CASES ON HUMAN RIGHTS VIOLATION IN ASSAM----------1. CASE NO 35. MASS/EJE/97

Name:S/o :Vill:P.S.:Dist.:Background:-

Mr. Rabi Rajbongshi, Age-27 Yrs. Mr.SailendraRajbongshi. Uttar Kepervitha Goreswar. Kamrup, Assam Suspected to be a member of banned armed

organisation ULFA.

Name:S/o:Vill:P.S.:Dist:-

Mr.SantiramDeka, Age- 18 Yrs. Mr.GhanashyamDeka. 2 no Roumarigaon Goreswar. Kamrup, Assam. India.

PERPRETATOR:-Indian Army camped at 30 bedded rural hospital at Goreswar.

EVENT:

Date:Time:Place:-

4 November 1997. Around 4 PM Rampur Bamungaon.

On 4 November, around 4 PM RabiRajbongshi, a local youth SantiramDeka and an ULFA activist Dutta went to the house of Chakra Rajbongshi (45 Yrs.), a daily labourer of Rampur Bamungaon. They had their meal and were leaving the place. Dutta was the first to walk out and he faced a group of armymen in front of the house. The armymen askedMr.Dutta if any militant was inside. Dutta expressed his ignorance and went away. But the armymen opened fire at the house of Mr. Chakra Rajbongshi. In that firing Rabi Rajbongshi died inside the house. Santiram having walked out of the house tried to escape through a paddy field, but the armymen chased and shot him dead there. Later the Army handed over their dead bodies to the Police and saying they were killed in an encounter.

2. CASE NO 36.

MASS/EJE/97

Name:S/o:Vill:P.S.Dist:-

Mr.BaneswarBrohma, Age- 32 Yrs. Mr.HaithaBoro. Bordubi. Udalguri. Darrang, Assam.

Background:organisation NDFB.

Suspected member of banned armed

PERPRETATOR: 11 Maratha Regiment of Indian Army camped at Galandi.

EVENT:

Date:Time:Place:-

1 September 1997. Around 4 AM. Patherkatha, Udalguri.

On 1 September, at 4 AM, a large group of armymen of 11 Field Regiment cordoned off the Patherkatha area in search of NDFB militants. They raided the house of Mr KabitaBasumatary and picked up Mr.Baneswar Brahma. Mr. Brahma was taken to the main road of the village and the Armymen tortured him there. During the torture armymen pierced him with arrows. When the physical condition of Mr. Brahma became very poor, the armymen shot him thrice in the head. Later the Army handed over his dead body to the Police saying Mr. Brahma died in an encounter.

3. CASE NO 37.

MASS/RAPE/97

Rape CaseNameVill:Mrs.JopeDewri, Tegheriagaon,

P.S.:Dist:-

Jagiroad, Morigaon, Assam.

PERPRETATOR:-Indian Army operating in that area.

EVENT;

Date;Place:-

22nd April 1997. Tegheriagaon,

On 22 April, at midnight, a group of armymen went to Tegheria village and beat up the villagers. After the beating, the villagers were compelled to stand in front of the village headman's house. At that time two jawans entered the house of Mr.MidhanDewri and raped his wife, Mrs.JopeDewri.

FOLLOW UP

TegheriaKarbiMohilaSomity(a local women's organisation) filed a case atJagiroad Police Station. AASU, MASS, AJYCP, KSU, ATSU, TSS and some local women's organisations demanded punishment to the accused Army personnel.

4. CASE NO 38.

MASS/RAPE/97

Name:W/O :-

Mrs.Tulumoni Devi, Age-26 Yrs. HarakantaNath.

Vill:P.S.:Dist:-

KopaheraGhumatigaon, Mikirbheta Morigaon. Assam.

PERPRETATOR:camped

21 Grenadier Regiment of Indian Army operating in that area

atBarapujia.

EVENT:

Date:Time:Place:-

24 April 1997. 2 P.M. KopaheraGhumatigaon

Case registered: Mikirbheta P.S. 31/97,

In the afternoon of 24 April, 1997 a group of armymen of 21 Grenadier Regiment ofBarapujia Army camp went to KopaheraGhumatigaon and cordoned the village in search of ULFA militants. At first they entered the house of Mr.BhabanandaChoudhury and detained him. He is a younger brother of an ULFA activist, Mr.BulChoudhuri. Then the Armymen entered several houses of the same village in search of other ULFA activists. In the mean time, two Army personnel entered the house of Mr.HarakantaNath, who works with a private mini bus. At that time Mrs.Tulumoni, the wife of Mr.Harakanta was alone with her nine months old child and her brother Mr. Mohan Nath. One of the armymen caught Mr. Mohan Nath and handed him over to others and returned to the house of Mrs.Tulumoni. Then one of the armymen raped her while the other stood guard.

Then they changed roles. During the incident Mrs.Dulumoni lost her senses. Her child started crying loudly and hearing the noise, the neighbours came in and discovered Mrs.Tulumoni.

FOLLOW UP

The villagers and her husband, who had come back from work, took her to the Morigaon Hospital next morning and filed a case at Mikirbheta Police Station (Mikirbheta P.S.-31/97). After the case was filed at Mikirbheta Police Station, armymen came to the village and threatened the villagers. On 2 May 1997, Army authorities interrogated Mrs.Dulumoni at the Morigaon District Circuit House. On 27th April'97, women from 40 local villages of the area demanded a judicial enquiry of the incident in a protest rally in front of the Morigaon D.C. courts and submitted a memorandum. AnchalikMohila SajagataSamity(a women organisation), AASU, AJYCP, MASS, KSU, ATSU, TSS, and several other democratic organisations demanded punishment for the accused Armymen.

5. CASE NO 39.

MASS/ RAPE/97

Names-

(i) Miss RangeelaBasumatary, Age- 15 Yrs. (ii) Miss SanthaliBodo, Age- 17 Yrs. (iii) Miss RunumiBasumatary, Age- 16 Yrs. (iv) Miss.ThingigiBasumatary, Age-17 Yrs.

Vill:-

Ambari,Sorubhera,

P.S.:Dist:-

Tamulpur, Nalbari, Assam, India.

PERPRETATOR: 16 Rajput Regiment of Indian Army operating in that area.

EVENT:

Date:Place:-

22 & 23rd May 1997. AmbariSorubhera.

Case No- Tamulpur P.S.-95/97

On the night of 22nd May 1997, a group of armymen from 16 Rajput Regiment, went to AmbariSorubhera village in search of militants, beat up the villagers and gathered them in a field nearby. Then some of the Army Jawans raped Santhali andRangeela in front of the villagers. The next day, on 23 May, the Army again came to the village and raped Runumi, a student of nine standard and Thingigi, a student of ten standard, while they were on the way to Tamulpur.

FOLLOW UP:

A case was registered at the Tamulpur police station , but no investigation was carried out. Several democratic and human rights organisations protested against this cruel incident and demanded a Judicial enquiry and punishment for the culprits.

6. CASE NO 40.

MASS/RAPE/97

Name -

(i) Miss Dura Ray, Age-18 Yrs. (ii)Miss Minati Ray, age- 22Yrs.

Vill:P.S.:Dist:-

Kachidoba, Chiponchila, Bangaigaon. Bangaigaon. Assam.

Background to the incident:

On 23 May 1997, around 11/11.30 AM a platoon of CRPF (Central Reserve Police Force) went to Kochidoba village in search of ULFA activists. On the way, near village Kachidoba, they were attacked by suspected ULFA militants.

PERPRETATOR: Indian Army operating in that area.

EVENT:

Date:Time:Place:-

23rd May'97 Night. Kachidoba, Chiponchila.

After the incident of attack on the CRPF, Army troops came to the village and beat all the villagers in the name of combing operation and raped Miss Dura Ray and Miss Minati Ray in their own houses.

FOLLOW UP:

A case was registered in the Bongaigaon police Station and several protest programmes were undertaken. But there has been no initiative from the investigating agencies.

7. CASE NO 41.

MASS/ EJE/ 97

Name:S/o :Vill:P.S.:Dist:Background:organisation ULFA.

Mr.DimbeswarBhuyan, Age- 28 Yrs. Mr.MoneswarBhuyan. Mikirborachuk. Gohpur. Sonitpur, Assam. India. Suspected to be a member of banned armed

PERPRETATOR:- 8 Assam Regiment of Indian Army.

EVENT:

Date:Time:Place:-

27 November 1997. Around 5 PM. Mikirborachuk, Bihali.

On 27 Nov 1997 armymen cordoned off the village Mikirborachuk in search

of militants. Army raided the house of Mr.DimbeswarBhuyan at around 5 PM. and picked him up from his residence. First the armymen tied him to a tree and interrogated him. After a few hours, around 11PM, the armymen took Mr.Bhuyan to a open field near his village and when he could not disclose any hide outs of the militants, they tortured him and finally shot him dead. The next day the Army handed over his dead body to the local Police saying that he had died in an encounter.

8. CASE NO42.

MASS/EJE/97.

Name:S/o:Vill:P.S.:Dist:Background:organisation ULFA.

Mr.Debajit Das, Age- 30 Yrs. Mr.(Late)Dhaneswar Das. Murabari. Goreswar. Kamrup, Assam. India. Suspected to be a activist of banned armed

PERPRETATOR:- Indian Army operating in that area camped at suklai.

EVENT:

Date:Time:Place:-

28 November 1997. Around 7P.M. 1 no Suagpur, Murabari.

Mr.Debajit Das reached his home around 7 P.M. on 28 November 1997. After a few moments a group of armymen cordoned off his house to catch him. At a loss, Mr. Debajit tried to escape running through, but the Armymen chased him for a few metres and shot him dead with 5 rounds of bullets. The next day the Army handed over his dead body to the Goreswar Police Station stating that Mr.Debajit was killed in an encounter.

9. CASE NO 43.

MASS/EJE/97.

Name:Vill:P.S.:Dist:Background:-

Mr.MoniMedhi, Age-26 Yrs. HawraghatBelguri. Hawraghat. KarbiAnglong, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR:-Indian Army operating in that area.

EVENT:

Date:Time:Place:-

24 November 1997. Around 1 P.M. KachuwaBorbil, Nagaon.

On 24 Nov 1997, at around 1 PM, Mr.MoniMedhi was coming from Longjap village of Nagaon to KachuwaBorbil village on a bicycle. On the way he faced a group of

armymen, who signaled him to stop. But Mr.Moni did not stop in front of the Army group. Then the armymen fired at him and he died on the spot, i.e. on the public road. Later his dead body was handed over to the Police with the statement that Mr.MoniMedhi first fired at the Army patrol, and the Army had to reply to it. In the exchange of fire, Mr.MoniMedhi was killed.

10. CASE NO. 44.

MASS/EJE/97

(i)

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.KhogenSarma, Age-28 Yrs. Mr.PurnaSarma. Gashpara. Roha. Nagaon, Assam. India. A member of banned armed organisation ULFA.

(ii)

Name;S/o:Vill:Dist:Background:-

Mr. Surya Bhuyan, Age-25 Yrs. Mr.SonkoliBhuyan. Mulankata. Nagaon, Assam. A member of banned armed organisation ULFA.

PERPRETATOR:-

21 Grenadier Regiment of Indian Army operating in that

area, camped at Ranthali, Roha.

EVENT:

Date:Time:Place:-

24 November 1997. Around 3 P.M. AirabatJalasay.

On 24 November 1997, Mr.KhagenSarma and Mr.SuryaBhuyan took shelter beside the AirabatJalasoy(a big pond). At midnight armymen cordoned off the area in search of militants. Mr.Sarma and Mr.Bhuyan, both went into the water and tried to hide with just their heads above the water. Not finding any militants, the Armymen also went into the water with bamboo sticks. After few minutes the armymen found both Mr.Sarma and Mr.Bhuyan with the help of their sticks. Mr.KhagenSarma was shot dead in the water itself. Mr.Bhuyan was picked up from water and tied to a tree nearby. He was tortured and asked about arms and hide outs of the militants. Having failed to inform anything more, he was shot dead while he was still tied to the tree. Later, both dead bodies were handed over to Police with the statement that the Army shot Mr.KhogenSarma and Mr. Surya Bhuyan, when they opened fire at an Army patrol.

FOLLOWUP-

Local people and various democratic-human rights organisations demanded a judicial enquiry of the incident, but unlike other hundreds of incident, the District Civil and Police authority have been silent on this incident.

11. CASE NO 45.

MASS/EJE/97.

Name:Vill:P.S.:Dist:Background:-

Mr.BhagaduttaTeron. Age- 27 Yrs. Chawborigaon. Roha. Nagaon, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR:led by Major Rabi Jadav.

21 Grenadier Regiment of Indian Army camped at Rantholi, Roha,

EVENT:

Date:Time:Place:-

15 November' 97. 1-30P.M. Bagariguri, Roha.

Mr.BhagaduttaTeron was enjoying an open drama at a Temple compound of Bagariguri. At about 1-30 PM a group of armymen cordoned off the Temple compound and picked up Mr.Bhagadutta and started beating him mercilessly in front of the audience. They also asked the audience if the youth was Mr.BhagaduttaTeron. The audience confirmed that he was Bhagadutta and also requested them not to kill him. The Army then took him a few metres away and the audience heard a sound of firing. After some time people come to know that Mr.Bhagadutta was killed. Next morning the dead body of Mr.Bhagadutta was handed over to the Police with the statement that

the Army had taken Mr.Bhagadutta along with them to find a hide out of the militants, and on the way militants attacked them and Mr.Bhagadutta died in that encounter.

12. CASE NO 46.

MASS/EJE/97.

Name:Dist:Background:-

Mr.RaktimGhatowar, Dibrugarh, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR:-

Indian Army operating in that area.

EVENT:

Date:Time:Place:-

20 November 1997. 1-30P.M. Dewanbari village, P.S.-Borbaruah.

On 20 December 1997, Mr.RaktimGhatowar was taking a bath as was one of his friend in a house near the residence of Mr.PhillipDhan, a school teacher, when a group of armymen on bicycles cordoned off the residence of Mr. Phillip and his neighbour. Mr.Phillip and his friend tried to escape. Though the friend managed to escape, Mr.Raktim was found hiding in a bamboo bush. The armymen brought him to the front of the residence of Mr.Phillip. The family members of Mr. Phillip were warned not to come out of their home. Armymen then interrogated Mr.Raktim torturing

him brutally. Mr.Raktim requested armymen not to kill him, but they shot him dead there and later handed over his dead body to the Police.

13. CASE NO 47.

MASS/EJE/97.

Name:Vill:P.S.:Dist:Background:-

Mr.MoniDeka, Age- 65 Yrs. Napitpara. Belsor. Nalbari, Assam. India. A cultivator.

PERPRETATOR:-

50 CRPF Battalion.( Central Reserve Police Force)

EVENT:

Date:Time:Place:-

15 November 1997. 12-15 P.M. ChamataBalipathar.

On 15 November, Mr.MoniDeka went to his son-in-law's house in ChamataBalipathar, on a bicycle. When he was about to reach ChamataBalipathar, a CRPF truck knocked him on down on the road and he died on the spot.

FOLLOW UP:

Local people immediately seized the truck and handed it over to the police. The Police have registered a case, but no enquiry was made or any compensation given.

14. CASE NO 48.

MASS/EID/97.

Name:S/o:Vill:P.S.:Dist:Marital status:Background:-

Mr.AbhijitKalita, Age-28 Yrs. Mr. (Late) DebadhorKalita. Pithakowa, Bihaguri. Tezpur Sonitpur, Assam, India. Married. A member of banned armed organisation ULFA.

PERPRETATOR:- Indian Army operating in that area.

EVENT:

Date:Time:Place:-

8 June 1997. 9-30 AM. Sialmari, P.S.- Tihu, Dist:- Nalbari.

On 8 June 1997, at around 9-30 AM, Mr.AbhijitKalita along with his wife and a

friend entered a house that belonged to Mr.AdityaPathak of Sialmari village and sat down to have some water. In the mean time a group of armymen entered the house and chased Mr.Abhijit and his friends. His wife and his friend managed to escape running through, but the Army caught Mr.Abhijit in the paddy field. After that Army brought him to the house again and asked the family members whether he was a member of their family. The Army then raided the next house in search of his wife and picked up one Mr.PrahladPathak from the house of Mr.AnantakummarHaloi, who was released after some time. Then the Army took away Mr.AbhijitKalita in their vehicle.

FOLLOW UP:

Next day Mr. Amitabh Kalita, the younger brother of Mr.AbhijitKalita went to Nalbari to inquire about his brother, but met with no success as the Police and Army authorities expressed their ignorance. He went to the Gauhati High Court and filed a Habeas Corpus(Civil rule(HC)No. 378/97). The High Court ordered the Army administration to hand over Mr.AbhijitKalita immediately to the Police and also asked the District administration to submit an affidavit. Both the authorities submitted their affidavit stating that the Army have not arrested any person named Mr.AbhijitKalita. High Court disposed the of petition thereafter. But again on 10 July 1997, Mr.AmitabhKalita filed another petition along with three affidavits of the eyewitnesses from the village from where Mr.Abhijit was arrested. The High Court admitted the petition and after the hearing the Court ordered the Govt. of Assam to hold a enquiry under the Sub-Divisional Magistrate of Nalbari District and fixed a period of six months for submitting the report. The case is pending before the court.

15. CASE NO.49.

MASS/EID/97

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.PintuSaikia, Age- 34 Yrs, Mr.AtulSaikia. Dekargaon, Tezpur. Sonitpur, Assam, India. A member of banned armed organisation ULFA.

PERPRETATOR:-

7 Bihar Regiment of Indian Army operating in that area, camped at Andherighat, Darrang.

EVENT:

Date:Time:Place:-

19 February 1997. 4-30 P.M. Nawbandha, P.S.-Paneri, Darrang.

On 19 Feb 1997, around 4-30 PM, Mr.PintuSaikia was arrested by 7 Bihar Regiment of the Indian Army, while he was on a bicycle. Eyewitness of this arrest says that a youth was caught by the Army and tortured on the spot, i.e. Nawbandha, near Suwola Tea Estate.

FOLLOW UP:

Next day, the family members of Mr.PintuSaikia went to the Police and Army to enquire about him. Both the Police and the Army expressed ignorance about the victim. The Police of Dimakuchi Police Station simply replied that they just heard about the arrest. Then the family members went to the Gauhati High Court and filed a Habeas Corpus petition. The Court ordered the Army authorities to hand over Mr. PintuSaikia to the Police, and the District administration to file an affidavit in the matter. After getting the court order, the Police Superintendent of Darrang District went to the Army camp to inquire about the whereabouts of the victim, but the Army denied the arrest. Subsequently both the Civil and Army authorities submitted affidavits stating that Mr.PintuSaikia was not arrested. Several hundreds of women made a protest rally in front of the District administration of Sonitpur District and submitted a memorandum demanding a Judicial enquiry of the disappearance.

16. CASE NO.50.

MASS/IED/97.

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.KironSaharia. Mr. Bhakti Saharia. Bhulapara, RoutaChariali. Routa. Darrang, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR:Darrang.

Indian Army operating in that area, camped at Andherighat,

EVENT:

Date:Time:Place:centre) Darrang.

20 January 1997. 8-30 PM Complex of JaljaliBikash Kendra(Development

On 20 January 97 Mr.KironSaharia was enjoying a drama organised by JaljoliBikash Kendra at their own complex. Around 8-30 PM, a group of armymen suddenly cordoned off the complex and picked up Mr.KironSaharia in front of several hundreds of audience. In that incident the armymen injured one Mr.DipokKalita and picked up four youths namely Mr.MukulDeka, Mr.HarenDeka, Mr.ThaneswarDeka and Mr.PabanHazarika along with Mr.KironSaharia. Later the four youths were released but the whereabouts of Mr.KironSaharia is still not known.

FOLLOW UP:

The family members of the victim went to The Gauhati High Court and filed a Habeas Corpus petition.But after court ordered the Army authorities to hand over Mr. Kiron, they denied the arrest.

17. CASE NO.51.

MASS/EID/97

Name:Vill:P.S.:Dist:Background:-

Mr. Kula Gogoi, Morioni, Morioni. Jorhat, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR: Indian Army operating in that area.

EVENT:-

Date:Time:Place:-

12 April' 1997.

Baotoligaon, Na-Kachari, PS.-Morioni, Jorhat.

On 12 April 1997, the Army arrested Mr. Kula Gogoi from Baotoligaon of Jorhat District, from the residence of Mr. . The next day the Army brought Mr.

KuloGogoi to the place from where he was arrested. But on 14 April the Army published that Mr.KuloGogoi escaped from Army custody. The same day the Army handed over the woolen clothes and the shoes of Mr. Kula Gogoi to the family of Mr. , from whose residence he was arrested. Eyewitnesses say that they have seen the photo of the dead body of Mr.KuloGogoi at the Morioni Police Station.

Till date, the whereabouts of Mr.KuloGogoi is not known.

18. CASE NO. 52.

MASS/EJE/97.

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.GobinBarua, Age-47 Yrs, Mr. (Late) Khelmati, Lakhimpur town. Lakhimpur. Lakhimpur, Assam. India. A businessman.

PERPRETATOR:- Indian Army operating in that area camped at Lilabari.

EVENT:

Date:Time:Place:-

19 April 1997. Midnight. Khelmati, Lakhimpur.

On 19 April midnight, a group of armymen raided the house of Mr.GobinBarua. The armymen destroyed furnishers and other house materials of Mr.GobinBarua and took him to their camp. Till 22 April the Army kept him in its custody and tortured him continuously.

On 22 April the Army handed him over to the Lakhimpur Police in a very critical

physical condition. The Police admitted him immediately in the Hospital but Mr. Barua died in the Hospital.

FOLLOW UP:-

The local people and various organisation demanded a enquiry of the death incident, but like hundreds of other incident, no action was taken in that case.

19. CASE NO. 53.

MASS/EJE/97.

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.CheniramNath, Age-35 Yrs, Mr.KhageswarNath. Jamuguri. Jajori. Nagaon, Assam. India. Chairman of the Hatichung unit of Mass.

PERPRETATOR:- 13 Mahar Regiment of Indian Army operating in that area camped at Nagaon.

EVENT:

Date:Time:Place:-

30 April 1997. 10 P.M.. Jamuguri, Nagaon.

On 30th May 97, at about 10PM, Mr.CheniramNath, Chairman of Hatichung unit of MASS, was arrested by the Army, from the residence belonging to one Mr.Lankeswar Nath, near his own residence at Jamuguri village, under the Jajori police station of Nagaon Dist. From eye witnesses, it was known that Cheniram was mercilessly beaten by the Indian Army without any cause on the spot and later taken away. Next day, on 31st May, Hundreds of women from that area gheraoed(protest programme) District commissioner's office demanding immediate release of CheniramNath. Mr. S. Abbasi, the D.C. of Nagaon District, gave an assurance that he would take immediate action for handing over CheniramNath to police custody within 24 hours. But, surprisingly next day, on 1st June, at about 8 AM the dead body of Mr.CheniramNath was handed over to Sadar Police station by the Army. The top portion of the skull of the dead body was missing and the entire body was marks of bayonet injury. According to the Army, Cheniram was shot dead during the Army operation at Senchowa, on 31st night, when Cheniram tried to escape. But it is known that Mr.Cheniram was brutally tortured and later he was killed in Army camp. Moreover, on the stated day no Army operation was carried out in that particular area i.e. atSenchowa.

FOLLOW UP:

On 2nd June, a group from MASS members, submitted a memorandum to the Chairman of the State Human Rights Commission, Assam demanding a high level enquiry of the incident. On 4th June hundreds of people from different organisations held a sit-in strike in front of the office of the Deputy Commissioner of the District and on 6 June several organisations like AASU, AJYCP, TTVF, ATTSA and MASS called for a

District 'Bandh'(Total closed). To file a case in the court, the family members of the victim have applied for the copies of the case documents, but till today the District administration has not agreed on this. But it has sent the case to the National Human Rights Commission along with the video recording of the post mortem of the victim.

20. CASE NO. 54.

MASS/EJE/97.

Name:S/o:Vill:P.S.:Dist:Background:-

Mr.SileswarSutradhar, Age-30 Yrs, Mr.BaneswarSutradhar. Mayangpar. Patacharkuchi. Barpeta, Assam. India. A member of banned armed organisation ULFA.

PERPRETATOR:- Assam Police led by Mr.JitmolDolay, S.D.P.O., Bajali, Barpeta.

EVENT:

Date:Time:Place:-

21 December 1997. 1-20 P.M.. Chapaguri, Barpeta.

On 21 Dec 1997, around 1-20 PM, Mr.SileswarSutradhar entered a house in

villageChapaguri to take food. At that time a group of Police led by the Sub Divisional Police Officer of Bajali, went to that village. Mr.Sutradhar tried to escaped from the Police running through a paddy field. The Police force chased him and caught him about 1 km away and started beating him on the spot. Then the Police took him to the highway and on the highway they shot him in the leg and again tortured him brutally. Thereafter he was taken to the Baghmara Police Station, where he died in their custody. Later Police confirmed his death by admitting him at theBaghmara Primary Health Centre.

CONCLUSION: After making so much of provisions for the protection of human rights also the rate of violation of human rights are not decreasing but its increasing day by day specially in the northeastrn states of India. The situation continues to get worse. Human rights have been violated both by state and non-states against agencies in the state of Assam. Even though the Central Government set up the National Human Right Commission, the National Human Right Commission does not have any power to investigate complaint against the Indian Army which is a major hindrance. Clause 19 of this Act prevents the commission from any investigating any complaints against the Armed Force, thus reducing the commission to a toothless tiger. The insurgency in Assam has a political root, so we appeal to the government to see it as such and formulate its policies accord. And some of the provisions of the commission of the state should be amended specially the composition of Assam State Human Rights Commission should be change as because it does not include any persons from the grass root level who were the actual viewer or the sufferer of the Human Right violations in Assam. We also want to appeal to the Government to make the establishment of State Human Right Commission mandatory for every state, so that the violations of human right can be minimised atleast to an extent.