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National Campaign Against Torture INDIA's COVID-19 LOCKDOWN

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National Campaign Against Torture INDIA's COVID-19 LOCKDOWN National Campaign Against Torture [A platform for action of the NGOs committed to stamp out torture in India] C-3/441-C, Janakpuri, New Delhi-110058, India Phone: +91-11-25620583 Email: [email protected]; Website: www.uncat.org 17 June 2020 INDIA’S COVID-19 LOCKDOWN: Unprovoked Police Beating, Unwarranted Deaths & Uninterrupted Repression CONTENTS 1. EXECUTIVE SUMMARY ........................................................................................................ 3 2. ARREST, TORTURE AND DEATHS AT THE HANDS OF POLICE ................................... 7 2.1 DEATHS DUE TO ALLEGED POLICE BEATING ................................................................................. 7 2.2 TORTURE, ARREST AND DETENTION ........................................................................................... 11 3. DEATHS OF THE MIGRANT WORKERS WHILE RETURNING HOME ........................ 35 3.1 DEATH OF 150 MIGRANTS TRAVELLING IN BUSES AND OTHER MODES OF TRANSPORT .................. 35 3.2 DEATH OF 81 MIGRANTS IN SHRAMIK TRAINS ............................................................................ 43 3.3 LIABILITY OF THE STATE FOR THE DEATH THE 81 MIGRANT WORKERS ........................................ 45 4. REPRESSION ON DOCTORS, JOURNALISTS AND ACTIVISTS DURING COVID-19 IN INDIA .................................................................................................................................. 46 4.1 REPRESSION ON DOCTORS AND HEALTH WORKERS ..................................................................... 46 4.2 REPRESSION ON JOURNALISTS AND MEDIA FREEDOM .................................................................. 51 4.2.1 Laws invoked against the media persons ........................................................................... 54 4.2.2 Arrest ................................................................................................................................ 55 4.2.3 Registration of FIRs .......................................................................................................... 59 4.2.4 Summons/show cause notices ............................................................................................ 67 4.2.5 Physical attacks ................................................................................................................. 69 4.3 UNINTERRUPTED REPRESSION ON ACTIVISTS AND CRITICS .......................................................... 72 4.3.1 Laws invoked against activists and critics ......................................................................... 72 4.3.2 Uninterrupted repression on anti-CAA activists in Delhi ................................................... 73 4.3.3 Uninterrupted repression on anti-CAA activists in the rest of India ................................... 80 5. ROLE OF THE JUDICIARY ................................................................................................. 87 5.1 TIMELY INTERVENTIONS OF THE HIGH COURTS .......................................................................... 88 5.1.1 Right of the litigants .......................................................................................................... 88 India’s Covid-19 Lockdown: Unprovoked Police Beating, Unwarranted Deaths & Uninterrupted Repression 5.1.2 Right to return of the migrants ........................................................................................... 89 5.1.3 Food, shelter and healthcare ............................................................................................. 97 5.1.4 Payment of salary /wages ................................................................................................ 104 5.1.5 Prevention of COVID-19 and quarantine facilities .......................................................... 106 5.1.6 Right to Privacy .............................................................................................................. 113 5.1.7 Dignity in death ............................................................................................................... 115 5.1.8 Functioning of the PM CARES FUND ............................................................................. 117 5.2 SUPREME COURT’S JUSTICE DELAYED INTERVENTIONS ............................................................ 119 India’s Covid-19 Lockdown: Unprovoked Police Beating, Unwarranted Deaths & Uninterrupted Repression 1. EXECUTIVE SUMMARY At 8 pm on 24 March 2020, Prime Minister estimates of the World Bank in 2018. Narendra Modi announced a nationwide Absence of food, shelter and opportunity to lockdown for 21 days effective from 00 hrs work because of the lockdown created of 25 March to combat spread of the enormous suffering. The Supreme Court in COVID-19 pandemic in India. Since then, its order dated 9 June 2020 noted, “The the lockdown was extended for the fourth society as a whole was moved by miseries time till 31 May and thereafter, lockdown and difficulties of migrant labourers”.3 The restrictions are gradually been eased. This said statement can still be described as report examines human rights violations by understatement of facts. the State during the lockdown from 25 In the 68 days of nationwide lockdown March to 31 May 2020. from 25 March to 31 May, the over jealous In the best case scenario, locking down police across the country unleashed 1.35 billion populations for 21 days is violence on people while enforcing the bound to create myriad problems. Since the lockdown, some of which were widely lockdown was announced at 8 pm, when reported on social media and news media. India had effectively shut most of the shops The victims included not only common in the country, to be effective after four people but also doctors and other frontline hours into the mid night, people hardly got workers, journalists, migrant workers any time to prepare themselves and these heading homes, women and children, sick, myriad problems are bound to turn into elderly, etc. Besides, thousands of people massive humanitarian crisis. Neither the were arrested for lockdown violation across Central government of India nor the State the country. In West Bengal and governments were ready to deal with the Maharashtra alone, 59,445 persons were real life problems of the populations, which arrested for alleged lockdown violation included 453.6 million1 migrant workers as from 25 March 2020 to 6 May 2020. per 2011 census, not to mention about The National Campaign against Torture 71.35 million people living in "extreme 2 (NCAT) examined 117 cases of poverty" i.e. hand to mouth as per reports/videos of police brutality as reported in the media, in which at least 260 1. India on the move: What data from Census persons were subjected to arbitrary beating, 2011 show on migrations, The Indian Express, 26 July 2020, https://indianexpress.com/article/explained/indi bank-reports-drop-in-number-of-people- a-on-the-move-what-data-from-census-2011- living-in-extreme-poverty-in-india-but- show-on-migrations-5852540/ worldwide-figures-give-cause-for-concern- 2. World Bank reports drop in number of people 4607641.html living in extreme poverty in India, but worldwide 3. SUO MOTU WRIT PETITION (CIVIL) No(s).6/2020 figures give cause for concern, First Post, 27 June IN RE : PROBLEMS AND MISERIES OF MIGRANT 2018, https://www.firstpost.com/india/world- LABOURERS India’s Covid-19 Lockdown: Unprovoked Police Beating, Unwarranted Deaths & Uninterrupted Repression torture and ill-treatment, arrest and return home to escape the situation arising detention across the country. The number out of the lockdown. of victims of police brutality could be much At least 150 migrant workers were killed in higher as not all cases including those road accidents, forest fire, due to beaten in groups were included in this exhaustion or illness or negligence in relief report, while many cases were not reported camps etc in various states while trying to in the media. return home, mostly on foot in the absence There were reports of death of at least 17 of transport. Uttar Pradesh reported the persons due to alleged beating by police. highest death of migrant workers with 66, Uttar Pradesh and Maharashtra reported the followed by Maharashtra (23 deaths), highest number of deaths with three Telangana (19 deaths), Bihar and Madhya persons each; followed by Andhra Pradesh, Pradesh (9 deaths each), Haryana and Madhya Pradesh and Tamil Nadu (2 deaths Chhattisgarh (5 deaths each), Tamil Nadu each); Gujarat, Punjab, West Bengal, Delhi (4 deaths), Odisha and Jammu & Kashmir and Jharkhand (1 death each). (3 deaths each), Gujarat, Uttarakhand, Andhra Pradesh and Jharkhand (1 death The Government of India which declared each). national lockdown failed to ensure the right to life and liberty, the right to freedom of About 81 migrant workers died on board movement to return home with safety and the Shramik trains between May 9 and May dignity as guaranteed under Article 14 27 due to extreme heat, hunger and relating to the right to equality, Article dehydration while returning home on these 19(1) relating to freedom of movement and trains. 5 Article 21 relating to the right to life of the Constitution of India and Section 12 of the Rather, discriminatory approach marked the Disaster Management Act, 20054 during 24 policy of the State. On 16 May 2020, Prime March to 31 May 2020. At least 231 Minister Narendra Modi announced “an ex- migrant workers had died while try to gratia of Rs 2 lakh each for the next of kin of those who lost their lives and Rs 50,000
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