In a complaint addressed to Indrajeet Kumar (National Focal Point – Human Rights Defenders & Assistant Registrar) of the National Human Rights Commission (NHRC), HRD Alert-India has expressed concern regarding the assault on a peaceful and unarmed student protest allegedly by the Chief Proctor of Allahabad University (AU). Worse, instead of an arrest of the said official, the Karnal Ganj police station refused to register an FIR on the students’ complaint and detained the students.
HRD Alert -India is a forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns.
Weeks ago, on October 17, 2023, a group of students first demonstrated at Student Union Building of AU in the morning. At around 11:00 am they reached the library gate from Chhatrasangh Bhavan and sat on a peaceful sit-in/dharna. Reportedly, around 11:30 am some police personnel and Mr. Rakesh Singh, the chief proctor of the university reached the spot where the students were protesting. Seeing them, some students shouted slogans against both the university administration and chief proctor.
The chief proctor, Rakesh Singh, it is shockingly alleged, after hearing the student’s slogans, took a policeman’s baton and started beating a student with the baton while the police officials stood silently. The video of this incident was put on social media and went viral.
ये पूरब का आक्सफोर्ड कहा जाने वाला इलाहाबाद विश्वविद्यालय है,जहॉ सत्ताधीश समर्पित चीफ़ प्राक्टर एक दलित छात्र विवेक कुमार पर लाठियाँ बरसा रहा है,जातिसूचक शब्दों का प्रयोग कर गाली दे रहा है, हमारे शैक्षणिक संस्थानों में और कितना गिरावट आयेगी @UPGovt @PMOIndia @EduMinOfIndia से… pic.twitter.com/QOcloDUcoK
— Manoj KAKA (@ManojSinghKAKA) October 17, 2023
The background of the protests is this: In September 2022, the fee of Allahabad University for under-graduate courses was increased by 300%. Students have been protesting since then against the fee hike since September 2022, demanding that it be rolled back. Many students have been suspended for participating in these demonstrations. There have been protests for the reinstatement of these students who were suspended.
Thereafter, on October 17, it is stated in the complaint, instead of stopping the Chief Proctor from assaulting the students, the police forcefully took away students at 11:30 am to Karnal Ganj police station, Allahabad. At around 11:50 am, around 50-60 students reached Karnal Ganj police station, Allahabad demanding the police act against the proctor who assaulted the protestor and release the detained students. Mr. Vivek, a student of the university wrote an application to the Station House In charge, Karnal Ganj Police Station mentioning the incident and asked for action to be taken. However, the police officials of Karnalganj police station did not register an FIR saying that there is pressure from higher authorities, and they cannot file an FIR against the assault.
On October 18, 2023, some students met the Superintendent of Police (SP), Allahabad and requested him to act against the Chief Proctor. Though the SP assured them of action but no action has been taken yet and no FIR has been filed by the police. After this protest, four more students have been suspended by the Chief Proctor.
HRD Alert- India states that the organisation believes that “the assault by Chief Proctor on peacefully protesting students in front of the police officials is an arbitrary, illegal, and serious violation of constitutionally guaranteed right to life and peaceful assembly. Furthermore, registering an FIR regarding complaint of assault is the duty of the police under Section 154 of the Criminal Procedure Code.
“The right to freedom of peaceful assembly is an essential right in a democracy and Article 19 (1) (b) of the Indian Constitution guarantees the right to peacefully assemble. Article 21 of the Indian Constitution ensures to all its citizen right to life – a life to live without fear, intimidation, harassment, or mental torture.
“Unprovoked lathi-charge on unarmed protestors is a violation of the Articles 19 and 21 of the Indian Constitution. Hence, the complaint by HRD Alert-India states that, “the lathi-charge on unarmed protesters, is a violation of international human rights laws. A peaceful assembly is protected under the Article 21 of the International Covenant on Civil and Political Rights (ICCPR).
“According to the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, ‘states and their law enforcement agencies and officials are obligated under international law to respect and protect, without discrimination, the rights of all those who participate in assemblies, as well as monitors and bystanders. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies.’”
Finally, the complaint that urges the NHRC to take cognisance of the case has also urged that:
- The Superintendent of Police (SP) of Allahabad is directed (by the NHRC) to initiate and urgent, unbiased and transparent inquiry on the wilful negligence and inaction by police personnel of Karnal Ganj police station for not registering an FIR against the Chief Proctor Mr. Rakesh Singh and submit a detailed report in writing to the honourable Commission in two
- That, depending on the result of the inquiry take strict action against the Police personnel of Karnal Ganj police station Allahabad for not registering the FIR and submit the report to the NHRC within two
- That, a direction for an FIR against chief proctor and police personnel of Karnal Ganj police station, Allahabad for their wilful negligence and inaction to register an FIR should also be ordered by the NHRC.
Related
Police crackdown on student protesters in Delhi, Kolkata
Rajasthan police lagging in duty in fear of political power: HRDA
HRDA condemns Trichy police’s failure to protect activist Ramachandran