A 14-Year Struggle for Justice for Torture Victims Still Continues The story of People’s Watch, India

By Henri Tiphagne, Mathew Jacob and Almost as soon as the JSTF was Shivani Lal constituted, instances of state sponsored terror, torture, enforced disappearances, In 1993, the Governments of extra-judicial killings and other forms and set up a Joint Special of human rights violations were Task Force (JSTF) to capture Veerappan, being observed, inflicted by the JSTF a dacoit who used to operate over a personnel on the poor and largely stretch of 6,000 sq. km of mountainous illiterate people who inhabited the landscape covering the borders of Tamil region’s villages – places like Hanur, Nadu, Karnataka and in Southern Nallur, Santhanapalayam, M M Hills, India. A series of bombings and attacks Mettur and Chinnappallam – and by Veerappan’s gang in 1993, that left worked as agricultural labourers. 22 people dead including five police Under the disguise of investigating and personnel of Tamil Nadu Police, was the interrogating villagers to nab Veerappan, reason for the constitution of the JSTF the JSTF systematically intimidate and by the administration. By the time of tortured the villagers, alleging them his death, in an encounter executed by to have been supporting and aiding JSTF, he was alleged to have killed 124 Veerappan. JSTF personnel justified persons, poached 200 elephants for their their illegal detention and questioning ivory (estimated worth $ 2.6 million), and of these villagers by saying that smuggled 10,000 tonnes of sandalwood they belonged to the same caste as (estimated worth $ 22 million). Veerappan. At the same time Veerappan was allegedly not sparing the lives of The events that unfolded thereafter, those assisting the police investigations led to gross human rights violations against him either. Innocent villagers of innocent civilians over the decade were in this way caught between the long hunt and eventual encounter of JSTF and the forest brigand. Veerappan in 2004, under suspicious circumstances at the hands of JSTF. This Brutal abuse was inflicted by JSTF case paints a contrasting picture of one personnel, including fake encounters, of the many struggles won by the human disappearances, custodial rapes and rights movement, where justice was deaths, torture by electric shocks, delivered in India, through a flawed and unlawful imprisonment and wilful insensitive administration. The apathetic deprivation of food and water, leaving attitude and ignorance of the system many of the villagers highly traumatised, came forth during this struggle. with a very large number of them even Caught in the middle turning mentally ill.

221 Over the period between 1993 and 1996, provided the necessary accompaniment around 50 persons disappeared without to the marginalised and excluded, who a trace. Others testified to severe forms sought justice but struggled on their of torture, including being hung from own. Civil society was required to bridge the ceilings upside down, while being the gaps where the legal system fell interrogated and even being urinated short or out right failed to deliver on its upon. In some cases, they were brutally responsibilities. beaten and had chili powder rubbed on their wounds. Female victims were By 1998-1999, NGOs and numerous reportedly gang raped continuously human rights defenders (HRDs) began to for several days, and were refused write complaints to the NHRC regarding treatment by the local hospital for being the abuse and torture faced by the branded as Veerappan supporters. villagers in the JSTF operation region. The complaints were filed on behalf Failed by the system of the villagers, who were detained illegally, without any specific charges The blatant human rights violations and and were languishing in Mysore Central sufferings of the villagers were only Jail without trial for over six years. reported in the media for the first time Complaints were also filed on behalf of in 1997-1998. Who could the villagers 50 men and 12 women, arrested under turn to when the police refused to even various provisions of the former Terrorist register First Information Reports (FIR)? and Disruptive Activities (Prevention) Act The public system had completely (TADA). The NGOs and HRDs urged broken down in the region, there were the NHRC to intervene, under Section no roads, schools, courts, hospitals 12 (b) of the Protection of Human Rights or even post offices. When the newly Act 1993, and to take the matter to the established National Human Rights Supreme Court. Commission (NHRC) was supposed to step in, it failed to take cognisance of The Campaign for Relief and the issue under Suo Motu action (motion Rehabilitation taken by NHRC on its own rather than on a complaint being filed). Did the system In early 1999, six NGOs from Karnataka believe in providing justice to victims and and Tamil Nadu – People’s Watch, the witnesses? Or did the NHRC, a statutory Society for Community Organisation body, believe in keeping silent and Trust (SOCO Trust), the Tribal providing impunity to the perpetrators? Association of Tamil Nadu, the People’s It cannot be said for sure. But the Union for Civil Liberties (PUCL) of persistent apathy definitely led to many Karnataka and Tamil Nadu, South India more killings and disappearances, while Cell for Human Rights Education and those who survived lived without dignity. Monitoring (SICHREM), and the Human Rights Cell of the Indian Social Institute Civil society organisations (CSOs) and – formed ‘the Campaign for Relief and non-governmental organisations (NGOs) Rehabilitation of TADA detenues from M

222 M Hills in Karnataka and Tamil Nadu’. and connivance against them, a large number of journalists, lawyers, political The campaign began to comprehensively leaders, victims and their families, document cases of violations through HRDs and regular people attended visiting and conducting fact finding the demonstrations and conference in missions in affected villages of the Salem. region, and recording videos of testimonies from victims. People’s Watch Two-Member Panel of Enquiry lawyers prepared about 250 written affidavits, translated these into English, The NHRC, after a series of struggles and then classified them in various and advocacy by civil society, decided to categories according to the nature of form a ‘Two-Member Panel of Enquiry’ violation perpetrated. With this evidence, to examine the cases and submit the campaign approached the NHRC yet recommendations to the commission again to take action. on necessary or urgent actions to be carried out. On 28 June 1999, the The campaign had now set out to build commission ordered for the panel to be a movement driven by the citizens to set up, and appointed Former High Court pressure the NHRC to take action. judge A J Sadasiva as Chairman, with The strategy was to document cases C V Narasimhan, former director of the and evidence, along with organising Central Bureau of Investigation, assisting marches, protests, demonstrations and as the second member. conferences. Victims and witnesses were at the forefront of this movement. On 23 August 1999, a speedy legal Political parties extended a helping hand intervention was sought from the and local media was engaged to support Chairperson of the NHRC under Section as well. 12 (b) of the Protection of Human Rights Act 1993, with regard to the persons The campaign did receive its share of languishing in Mysore Central Prison intimidation and harassment by the for periods ranging from four to six police and JSTF personnel in this period. years under TADA. The communication Intelligence officers stood outside the pointed out that the human rights halls, while victims testified, recording violations arising out of legislation like the names of participants and taping TADA had already been commented public statements. In April 1999, three upon by NHRC. Up until then, the days before a conference in Salem Sadashiva Panel, seemed to only have district, a local police inspector arrested existed on paper. Even after all this, the four of the organisers from their homes in enquiry panel only fully commenced its the middle of the night. operations in January 2000.

In spite of the threats and intimidations The panel held its first two sittings in executed by the JSTF in retaliation January and March 2000, but it refused to the campaign, branding it as fake to acknowledge cases of encounter

223 killings which were filed by the campaign tangible evidence. For the Sadasiva with the Tamil Nadu State Human Rights Panel, the TADA ruling destroyed the Commission. The panel justified, on JSTF’s credibility, and bolstered victims’ technical grounds, that they were not allegations that they had been taken mandated to work on them. Thus, the into custody on a much earlier date than mandate of the panel excluded the mentioned in their records, kept in illegal instances of the most heinous offences custody for a long period where they from its jurisdiction on the basis of were subjected to humiliating treatment disingenuous technicalities. and torture, and later produced in court on false charges under TADA, merely to Right before the panel was about to legitimate their arrest. constitute its third hearing, Mysore Central Jail filed a writ petition in The Sadasiva Panel did not take any Karnataka High Court seeking a stay action, let alone hold hearings, for on panel proceedings, questioning another 20 months. The panel finally its jurisdiction. Quite evidently, these held its third sitting on 6-8 March 2002 were tactics used by the administration at the M.M. Hills in Karnataka, when the to create unnecessary delays and pending writ petition was dismissed by obstacles for the NHRC, as well as for the court. The panel thereafter devoted the campaign. Hence the third sitting was at least five sittings to depositions delayed further. recorded by JSTF officials.

Meanwhile, the abuses faced by the The Enquiry Panel’s Report villagers had come to Veerappan’s attention and in an interesting turn of The sittings of the panel ended on events, Veerappan kidnapped a film 13 November 2002 and the follow actor, . On 25 August 2000, up process continued till July 2003. in the wake of ransom negotiations, On 2 December 2003, the panel Veerappan forced the Governments of submitted its report to the NHRC with Tamil Nadu and Karnataka to publicly recommendations for actions to be promise Rupees 100 Million (Rupees 50 taken by the NHRC. The report was Million each) as interim compensation for not made public. The commission kept the victims of human rights violations. holding on to the report, claiming that it was waiting for responses from the On 29 September 2001, the TADA court State Governments of Tamil Nadu and delivered its judgment acquitting 107 Karnataka. The campaign swung into out of 121 defendants. The Supreme action again, advocating for the report Court ultimately handed down death to be released to the general public. A sentences to four among the convicted. delegation from the campaign travelled In its written decision, the TADA court to New Delhi to demand the release. observed that the prosecution had roped in many accused on the basis of Meanwhile, the JSTF had found and confessions only, absent of any other killed Veerappan in an encounter

224 on 18 October 2004. Immediately, that each side comes with exaggerated the Government of Tamil Nadu and and even false allegations against the Karnataka announced gallantry awards other side, merely to settle scores and to JSTF personnel, overlooking the keep the heat on.’ charges of committing heinous human rights violations. Henri Tiphagne, The report further went on to discredit Executive Director of People’s Watch, and ridicule the female victims of sexual flagged this issue and wrote letters harassment and their testimonies. to the Chief Ministers and the NHRC, It kept working towards identifying arguing that according to the NHRC’s various circumstances in which they own guidelines regarding ‘encounter could undermine the credibility of their deaths in the course of police action’, testimonies, rather than looking into the investigations into all encounter deaths allegations from the victim’s perspective. must occur before the involved officers For example, it did not find the testimony could be rewarded. ‘No out of term of rape to be credible where the victims promotion or gallantry rewards shall did not produce a witness to the alleged be bestowed on the concerned officers rape or where the victim’s husband so soon after the occurrence’ 115, the failed to testify to the rape. A rape commission had declared. However, the victim, Thangamal was taken hostage NHRC failed to take notice of this too. at the JSTF headquarter and was raped by the JSTF Chief Walter Devaram Finally, in October 2005, the report was himself for three days continuously. The released. The Sadasiva Panel’s report panel refused to believe her testimony, was found to be utterly insensitive because she failed to identify him by towards the victims, who had been name. now waiting for eight years, hoping for some form of justice to be delivered to Follow-up to the Report them. The report took on the tone of victims shaming and blaming. The report The State Governments of Tamil Nadu accused the NGOs of provoking victims and Karnataka did not seem to take to cook up false, exaggerated cases, and notice of the NHRC report, nor its preparing victims to claim compensation. recommendations, during this time. No The panel blamed the victims for being action was taken by either Government party to NGOs’ ulterior motives. towards providing compensation or any form of justice to the victims. The State Yet, the report claimed to not be Governments also failed to provide a biased towards either party saying that response in this regard to the NHRC. ‘aggressive police action in the course Many deadlines lapsed in this process of anti-Veerappan operation (..) even and the NHRC generously and patiently bona-fide action, would have generated kept extending them. a climate of ill-will, distrust, frustration and anger, enveloping the tribes as well 115 http://nhrc.nic.in/documents/Death%20 as policemen in their mutual interaction. During%20the%20course%20of%20Police%20 It would only be natural in such situations Action.pdf. 225 Finally, in December 2006, the NHRC for these people that started in 1997 only summoned the Chief Secretaries of partly ended in January 2014, 17 years both the States for a consultation, and later! the Chief Secretaries assured to pay compensation to the victims as promised Beyond the rulings earlier. It is simple doggedness and At last, on 17 January 2007, the NHRC perseverance of sorts that is required on announced compensation for 89 the part of HRDs to continue onwards victims, from both the states, among in such cases, and still end up with very them 84 from Karnataka, after being little success. Institutions also lose their assured by the State Governments steam in such long drawn processes, that they would respect and adhere as did the NHRC in this case, when to the recommendations given by the many years after an interim order of Sadashiva Panel in its report. The compensation it finally paid to the commission provided one to Rs 500 victims’ families. A later Bench of the Thousand to the victims based upon NHRC found it convenient to close the the degree of abuses they faced. Rs case with no reference whatsoever to the 500 Thousand went to next of kin of 36 complainants in the case. The closure is persons killed in encounters, and Rs 200 now being challenged in court. Thousand to each of the three women the panel had found to have been Human rights monitoring and legal ‘detained and sexually abused, but not interventions cannot be undertaken in raped’. solitude by HRDs without rehabilitation being undertaken simultaneously. If The panel also made a few namesake there is any example of human rights suggestions and recommendations to rehabilitation that has been undertaken the State Governments for the future. in India, it has only come from civil Keeping in mind the political pressures society. Rehabilitation undertaken by and climate, it did not take any strong Peoples’ Watch in this special case, was positions or suggested any actions done in collaboration with the United against the perpetrators, apart from Nations Voluntary Fund for Victims of providing compensation to the victims. Torture for several years, who provided The NHRC’s and state administration’s financial assistance to undertake attitude remained insensitive, apathetic, economic development programmes with and illusory towards the sense of justice the families of victims. and relief. In addition, special educational It was finally in January 2014 that assistance was provided to the children the Supreme Court of India passed of the victim’s families to ensure that they a judgement commuting the death would not drop out of school and would sentences of the four convicts in this continue their university studies. One of case under TADA, due to delay in mercy them ended up as People’s Watch’s own plea decisions. The journey for justice 226 lawyer in Madurai before the Madurai Civil society, over the past two decades Bench of the Madras High Court. Another have engaged closely with the NHRC handful became social workers, two and advocated strongly for the of whom presently work with People’s institutions to take action on serious Watch. State crimes, which are now coming to light. The NHRC continues to be in Present scenario/long term the shackles of the Government of the changes day, giving complete non-compliance to the Paris Principles. The NHRC has According to the National Crime also politically distanced itself from civil Records Bureau (NCRB) data, 51,120 society, which is calling for the ratification complaints were lodged during the year of the UN Convention against Torture 2013 alone against police personnel for (UNCAT). Reform of the NHRC, and the committing human rights violations. A ratification by India of UNCAT continue total of 1,250 police personnel were sent to be among the main challenges for to trial after investigation and framing civil society, which is why it is collectively of charges during the year 2013. Many lobbying and advocating for that. cases, 412 of the ones filed against police personnel, were either withdrawn The way forward or disposed of otherwise. Trials were completed in only 154 of the police India is the largest democracy in the personnel cases, out of which 101 were world, and also one of the few countries acquitted and 53 were convicted. in the world which has not ratified the UNCAT from 1997. 155 UN Member In a recent case of arbitrary detention, States have ratified the UNCAT. India custodial torture and encounter killings has not passed any domestic law that of 20 labourers from Tamil Nadu by the will enable it to ratify the convention yet. Andhra Pradesh Red Sanders Special Task Force, the NHRC intervened in the India’s reason to justify its refusal to matter actively and swiftly. The NHRC ratify or pass a domestic law, is that it is issued interim orders for protection of the supposed to have good enough State witnesses, conducted an independent Laws that can efficiently manage the investigation, and called for specific torture crimes in the country, which is documents and interim compensation up contrary to the Government’s statistics. to Rs. 800 Thousand. The current acting Chairperson of the NHRC, a former judge of the Supreme The orders issued by the NHRC were Court of India, defended the country’s stayed by the Andhra Pradesh High position related to UNCAT in this manner Court. However, the actions of the NHRC during the Asia Pacific Forum of National reflect the maturity of the institution. It Human Rights Institutions (APF) meeting has definitely travelled miles since 1993, in Mongolia in 2015. but remains million miles away from what is expected of it.

227 Perhaps, one of the landmark steps Protection of Human Rights Act from taken as of yet to combat torture in India, 1993 needs urgent changes to live up was the passing of the Protection of to peoples’ expectations. The NHRC Human Rights Act, that came into force India is also getting ready for its next in September 1993. This Act provided for re-accreditation in 2017, and it is time the establishment of the Human Rights for the present Government, along with Commission at the Centre (National Parliament, to get ready for the global Human Rights Commission) and at each scrutiny of its institution in tune with and every state in India. However, even India’s demand for membership of the though the commissions were created UN Security Council. India will also to be completely independent, they only be getting ready for its third Universal possess recommendatory power. The Periodic Review (UPR) in 2017. We law governing the commissions makes can only hope that this will lead to new it dependent on the Central Government Indian legislation that really protects and for all practical requirements, such as promotes human rights and fundamental appointments, manpower and finances. freedoms.

Instead of adopting new laws to combat *** terrorism, India continues to function under regressive laws and is even Henri Tiphagne passing new bills that, rather than preventing and prohibiting torture, are Henri Tiphagne is the Executive Director inflicting torture and harassment to target of People’s Watch, Convenor of Working certain groups in society. Many of these Group on Human Rights in India and laws are used against HRDs to threaten the UN (WGHR) and the Chairperson of and restrict their work. Fabricated FORUM-ASIA (2012-2016). charges against HRDs have left many of them languishing in prison for many Mathew Jacob years. Mathew Jacob is the Director Programs Laws that indirectly legitimise torture are of People’s Watch and National in the pipeline. The draconian TADA and Coordinator of Human Rights Defenders the Prevention of Terrorism Act (POTA), Alert – India (HRDA). the Gujarat Control of Terrorism and Organised Crime (GCTOC) Bill 2015, Shivani Lal which await the President’s assent, make confessions secured in police custody Shivani Lal is the North Regional admissible as evidence before a court of Coordinator of the Human Rights law. Defenders Alert India and All India Network of NGOs and Individuals It is time for the NHRC in India to get Working with National and State Human itself geared up to develop a law to Rights Institutions (AiNNI). protect human rights in India. The

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