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State Terrorism State Terrorism Torture, Extra-Judicial Killings and Forced Disappearances in India Report of the Independent People's Tribunal 9-10 February 2008 Researched and edited by Coordinated by Grace Pelly Jai Singh ipt www.ipt.org Indian People's Tribunal Human Rights Law Network Vision • To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate discrimination. • T o createajusticedeliverysystemthatisaccessible,accountable,transparent,efficientand affordable, and works for the underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. • Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movementstorefinelegalconceptsandstrategies. State Terrorism Researched and edited by: Grace Pelly Coordinated by: Jai Singh © Socio Legal Information Centre* ISBN 81-89479-47-4 January 2009 Cover photograph: Sculpture at Piazzale Ostiense, Rome, Italy. Provided by Biraj Patnaik Layout: Birendra K Gupta Printed at: Shivam Sundaram, E-9, Green Park Extn., New Delhi-110016 Published by: Human Rights Law Network (HRLN) A division of Socio Legal Information Centre 576, Masjid Road, Jangpura New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. * Any section of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgement. Independent People's Tribunal on Torture, Extra-Judicial Killings and Forced Disappearance organised by Human Rights Law Network in collaboration with: Ambedkar Vichar Manch Adivasi Mukti Sanghatan Andhra Pradesh Civil Liberties Committee Association of Parents of Disappeared Persons Bhumi Uchhed Pratirodh Samiti Civil Liberties Monitoring Committee Dalit Adhikar Morcha Design & People Human Rights Advocacy and Research Foundation Human Rights Alert Jan Adhikar Manch JNU Students' Union Karcham Wangto Sangarsh Samiti Kudremukha Rashtriya Udyan Virodhi Horata Okkutta Lawyers for Human Rights International MASUM National Project on Preventing Torture in India National Campaign on Dalit Human Rights Paschim Banga Khet Mazoor Samiti People’s Vigilance Committee on Human Rights People’s Watch PUCL Chhattisgarh PUCL Uttarakhand Sanchetana SICHREM Spandan Samaj Sevi Sangathan Torture Prevention Center Uttarakhand Parivartan Abhiyan Panel members Justice Malay Sengupta (retired) Professor B. B. Pandey Professor S. M. Qadri Advocate Dhairyasheel Patil Advocate Navkiran Singh Advocate P. A. Sebastian Advocate Vrinda Grover Shabnam Hashmi K. S. Subramanian Dr. S. D. Singh Judge C. Upendra (retired) Introduction Contents Acknowledgements vii Foreword ix Acronyms xi Glossary of terms xiii Introduction 1 Chapter 1: A history of repression 13 Protections against torture, extra-judicial killings and forced disappearances 13 The Indian Police Force: A colonial legacy 26 Draconian legislation: A colonial legacy 33 Chapter 2: The police and forest department officials 47 Testimonies at the Independent People’s Tribunal 47 Chapter 3: Torture in India 71 Torture as a tool of interrogation 72 Torture as a means of suppressing civil dissent 76 Methods of torture 77 Sexual violence 86 Custodial death 94 Impunity 100 Failure of medical authorities to provide treatment to torture victims 103 Chapter 4: Struggles for self-determination 111 Punjab in the 1980s and 1990s 112 Living under AFSPA in the Northeast: A case study of Manipur 121 Kashmir: State terror in the valley 131 Chapter 5: Violence related to economic development 147 The growth of industrialisation 148 Violence related to economic development: Chhattisgarh 152 Violence related to economic development: Jharkhand 165 Violence related to economic development: Andhra Pradesh 167 Violence related to economic development: West Bengal 168 Naxalism 173 Chapter 6: Communalism 185 The Sikh Massacres (1984) 185 The Mumbai riots (1992-93) 187 Gujarat genocide (2002) 189 Dargah riots, Gujarat (2006) 194 Orissa – Attacks on the Christians (2008) 198 v State Terrorism Chapter 7: Encounter Killings: “Terrorists”, “Gangsters” and “Naxalites” 199 Encounters: A Popular Practice 199 Encountering “Naxalites” 202 “Gangsters” in Mumbai 204 “Terrorists” in Gujarat 206 Chapter 8: Defend the human rights defenders 211 Dr. Binayek Sen 211 Advocate Amarnath Pandey 212 Prashant Rahi 213 Pratap Singh 215 Banglar Manabadhikar Suraksha Mancha (MASUM) 219 People's Union for Civil Liberties (PUCL) 219 Opponents to economic development policy 219 Chapter 9: A dark future? 221 Assault on the Rule of Law 221 Fighting impunity 225 Chapter 10: Conclusions for reform 233 Police reform 233 Legislative reform 237 Empower the NHRC and SHRCs 239 Recommendations 243 Annexure: Testimonies of the Independent People's Tribunal 251 vi Acknowledgements Our special thanks goes to Mr. Henri Tiphagne, Executive Director, People's Watch, and Mr. Kirity Roy, MASUM, for their significant effort in mobilising victims and their families from all across the country. We would also like to thank the following people for their assistance and support with the Tribunal and the publication: l Ms. Suneela Singh, National Coordinator, National Project on Preventing Torture in India l Professor Kamal Mitra Chenoy, School of International Studies, Jawaharlal Nehru University l Rohan D’Souza, Assistant Professor, Jawaharlal Nehru University l Dean, Department of Life Sciences l Dean, Department of Social Sciences l Dean, Department of Art and Aesthetics l Sandeep Singh, President of the JNU Students' Union l All the students of Jawaharlal Nehru University who volunteered to help organise the Tribunal l All the volunteers and interns at HRLN who helped in the monumental task of translating and transcribing the testimonies of the victims and the families who deposed at the Tribunal l Ms. Jessica Barry for all her assistance at the Tribunal and thereafter coordinating the compilation of all the testimonies In support of the gallant work being done in preventing torture and executions in India, we specifically acknowledge and congratulate the following organisations who have been at the forefront in the campaign against torture and impunity in India. We would also like to take this opportunity to extend our regards to and thank the following organisations, who made an invaluable contribution in making this People’s Tribunal possible and a success. Ambedkar Vichar Manch, Adivasi Mukti Sanghatan, Andhra Pradesh Civil Liberties Committee, Association of Parents of Disappeared Persons, Bhumi Uchhed Pratirodh Samiti, Civil Liberties Monitoring Committee, Dalit Adhikar Morcha, Design & People, Human Rights Advocacy and Research Foundation, Human Rights Alert, Jan Adhikar Manch, JNU Students' Union, Karcham Wangto Sangarsh Samiti, Kudremukha Rashtriya Udyan Virodhi State Terrorism Horata Okkutta, Lawyers for Human Rights International, MASUM, National Project on Preventing Torture in India, National Campaign on Dalit Human Rights, Paschim Banga Khet Mazoor Samiti, People’s Vigilance Committee on Human Rights, People’s Watch, PUCL Chhattisgarh, PUCL Uttarakhand, Sanchetana, SICHREM, Spandan Samaj Sevi Sangathan, Torture Prevention Center and Uttarakhand Parivartan. We also thank all the members of the Human Rights Law Network for their hard work, persistence and dedication. Above all, we extend our immense gratitude to all of those victims and witnesses who traveled from all over India to depose before the Tribunal and the courage and strength they continue to show. – Jai Singh, Jaswant Kaur and Anant K. Asthana viii Foreword Sixty-one years since the birth of independent India torture, disappearances and killings sanctioned by the state remain prevalent. “India is a vibrant electoral democracy with an abysmal human rights record” was the 2008 assessment of Human Rights Watch in relation to the State’s failure to provide adequate redress for victims, and the continuing culture of impunity for security forces responsible for grave human rights violations. The use of such extra-judicial measures still pervades every facet of the criminal justice system in every Indian state, remaining an enduring legacy and everyday reality for millions of citizens. Brutal methods are deployed by the police and the security forces on the pretext of maintaining the “unity and the integrity” of the country. The experiences in Punjab, Kashmir, the Northeast, and the so-called Naxal-affected areas, sanction arbitrary powers and draconian laws as a tool of suppression in the pursuit of law and order and the perceived threat to national security. Gujarat, Maharashtra and most recently in Orissa shows the State, both at a regional and national level successfully deploying these practices in pursuing communal agendas against minorities. The same justifications are now being applied in relation to the challenges posed by globalisation, as recently witnessed in Nandigram (West Bengal), Chhattisgarh, Jharkhand and Orissa as important tools in the state’s armoury to disenfranchise and deprive the rural and tribal populations of their resource
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