The National Commission for Scheduled Tribes (NCST) has sought an action take report within 3 days from Rajasthan Police in the matter related to lynching of an Adivasi man. This has been done in relation to a complaint filed by CJP with the NCST on November 23, 2022. The NCST has sought the report from the Commissioner of Police, Jodhpur as well as the Director General of Police, Rajasthan.

CJP had written to NCST raising concerns over this incident where a 45-year-old tribal man from Rajasthan’s Jodhpur district died as he was assaulted by a group of people over drawing water from a tube well. As per the police, the family of the deceased alleged that the accused also abused the deceased man Kishanlal Bheel (46), from Bhomiyaji ki Ghati, with casteist slurs. The incident took place on November 6 in Soorsagar. The victim’s brother alleged that the accused prevented the victim’s family from taking him to the hospital as well and only after the police arrived was the family able to take Bheel to the hospital when he had lost his life. As per news reports, 3 accused, Shakeel, Nasir and Bablu have been arrested.

Through the complaint, CJP urged the Commission to closely monitor the case through the investigation and prosecution to ensure that substantive and exemplary justice is delivered.

Accordingly, the NCST, by invoking the constitutional provisions under Article 338A of the Constitution, has sought a report from Jodhpur CP and DGP of the state. The Commission has also put the Police to notice that if it does not receive a response within 3 days, it may exercise the powers of the Civil Court conferred on it under Article 338A of the Constitution and issue summons for personal appearance before the Commission.

The sub-clause 8 of the Article states thus,

(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents;

(f) any other matter which the President may, by rule, determine.

The complaint may be read here.

Related:

CJP MOVES NCST AGAINST ATTACK ON A TRIBAL MAN IN RAJASTHAN

FOREST CONSERVATION RULES VIOLATE FOREST RIGHTS ACT: REITERATES NCST

RIGHTSWATCH 2022: CJP’S PURSUIT TO PROTECT HUMAN RIGHTS & DIGNITY

DEFENDING FOREST RIGHTS IN 2021

The post NCST: Rajasthan Police asked to submit report in lynching of Adivasi man appeared first on SabrangIndia.

Image Courtesy: Neeraj Sinha

Residents of Ghaghra and neighbouring villages, Khunti district in Jharkhand, and women’s rights activists have approached the National Human Rights Commission (NHRC) with 9 complaints against the establishment of security camps inside primary schools and panchayat bhawans in the village, in contravention of Supreme Court guidelines. The complaints state that 9 schools and 2 panchayat bhawans in Khunti, Murhu, Arki, Badgaon of Khunti and Chaibasa districts have been continuously occupied by security forces since June 2018. As a result, schools have been shut down affecting the right to education of adivasi children, who are living under a constant environment of fear and intimidation. Further, no meetings have been held in the panchayat bhawans because of the occupation.

On 20 December 2018, during a 2-day visit of the National Commission for Scheduled Tribes (NCST) in Ranchi, Jharkhand, the Chairperson Shri Nand Kumar Sai also called upon the Jharkhand state government to vacate the security camps from schools. The NCST delegation, including the Chairperson and Vice-Chairperson Ms. Anusuya Ukil among others, met with the state Minister for Women and Child Development Ms. Louise Marandi, and asked for the relocation of security camps as they adversely affect students and local residents. This comes in the wake of a previous complaint by women’s rights group, Women against Sexual Violence and State Repression (WSS) submitting complaints to the NCST against the non-partial investigation into the gang-rape of 5 adivasi women in Khunti, Jharkhand in June, which was followed by targeted raids in neighbouring villages.

In September 2010, the Supreme Court had held in Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India & Ors. that “school buildings are not allowed to be occupied by the armed or security forces in future for whatsoever purpose”. Previously, the Supreme Court had also directed the state of Chhattisgarh to release schools from the occupation of paramilitary forces in the ongoing Salwa Judum case.

The camps had been set up following security raids in Ghaghra and 7 neighbouring villages in June 2018.The fact-finding visits of WSS and CDRO in June and August uncovered that, on 26 June 2018, the police claimed to have raided Ghaghra village in order to arrest three Pathalgarhi leaders falsely implicated in the gang-rape of five adivasi women the preceding fortnight, as the real culprits identified by the villagers are still at large. The police lathi charged the villagers and drove them back using several tear gas shells and firing. One of the villagers, Birsa Munda, died on the spot after being hit on the head with lathi, and his family has still not been provided with a post-mortem report.

This was followed by full-fledged security raids on 27 June 2018, as 1000-member strong force of CRPF, RAF, JAF and personnel from other units raided Ghaghra (a village with a population of around 300) and neighbouring 7 villages. In 2 villages, security forces unleashed brutal violence in the form of beatings and atrocities on men, women and children, lathi-charge, tear-gassing and rubber pellet shootings, and also raided the homes, and destroyed the belongings of the residents. Women who were fleeing from the violence were caught and assaulted, with at least one woman having been raped and another disrobed here, and several other instances of sexual violence in neighbouring villages. One woman who was pregnant was verbally abused, physically assaulted, lathi-charged and beaten up due to which she fainted. The security forces continued to camp outside the villages for at least two weeks, and patrolling continues until today.

Apart from the NHRC and NCST, victims have also sent a petition to the Chief Justice of India, National Commission for the Protection of Child Rights, the state Department of Women and Child Welfare, the District Collector and Chief Secretary, Jharkhand. However, till date except the NCST, no other agency has taken action on these complaints.

These complaints raise issues of atrocities and human rights violations during and following the brutal security raids,including the death of Birsa Munda, and assaults against women. The complaints demand vacation of security camps from schools and panchayat bhawans. They also demand an impartial investigation into the gang-rape of five adivasi women, security raids, use of tear gas and lathi-charge, and death and sexual violence against the villagers. Finally, complaints demand compensation, as there has been criminal inaction by the police in registering FIRs and pursuing necessary investigations.

WSS stands by the complainants and their demands and urges:
-The NHRC to take immediate cognizance of and action on the 9 complaints submitted by the residents of Ghaghra and neighbouring villages, Khunti district in Jharkhand, and women’s rights activists.

-The National Commission for the Protection of Child Rights take immediate action in the matter of occupation of schools by security forces and ensure continuation of children’s education in an environment free of intimidation and fear.

Courtesy: Indian Cultural Forum

The post National Commission for Scheduled Tribes recommends removal of security forces from schools in Jharkhand appeared first on SabrangIndia.

The commission’s letter is also tagged to the chairman of UGC and secretary of MHRD, along with the BHU vice-chancellor.

The inquiry is the result of a complaint filed by Prof Mahesh Prasad Ahirwar, who along with other professors, made the issue of appointment public.

Since the past few months, BHU administration is appointing people on seats which practically belong to the reserved categories. Moreover, BHU has made a ‘tentative reservation roster’ for such permanent appointments on the post of teachers.

In August, TwoCircles.net had done two extensive stories on the issue raised by Professor Ahirwar, which can be read here and here.

It was the tentative roster which raised eyebrows because the Department of Personnel and Training (DoPT) guidelines do not suggest the formation of a tentative roster for permanent appointments.

The ST commission has set a time frame of seven days for BHU to submit a reply. In case of no reply, BHU is liable to face legal action under Article 338A of the Indian Constitution.

Prior to this, the Parliamentary Standing Committee on Welfare of Other Backward Classes had also summoned BHU vice-chancellor Prof GC Tripathi in the same case.

As per the roster in question, vacancies of schedule castes were reduced to less than 5% of the total vacancies. Moreover, in many of the departments and institutes, Schedule Tribes were given zero vacancies which made the issue look more controversial.

Various student groups have been protesting against the BHU’s reservation methodology in recent days. The University has also been accused of taking a bribe for providing appointment letter to the applicants.

Commenting on the issue, Prof Ahirwar told TwoCircles.net, “Both the Government as well as constitutional authorities have finally acknowledged our issue. The University cannot escape from this, they have to take part in the process.”

However, the University has not stopped the ongoing appointment process even after allegations and notices from various authorities. The University maintains that the steps it has taken are fair and constitutionally valid.

Courtesy: Two Circles
 

The post National Commission for Scheduled Tribes issues notice to BHU over faulty recruitment process appeared first on SabrangIndia.