From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, Jan 10, 2012 at 6:41 PM
Subject: Land of aborigin grabbed - police inaction
To: NHRC <covdnhrc@nic.in>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-bar@wb.nic.in
10 January 2012
To
The Hon'ble Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1
Respected Sir
I want to bring into your notice about an incident where a person from tribal community has regularly been threatened by a section of non- tribal persons from his locality, who wants to uproot him from his house, which he built after purchasing a piece of land by following all legal formalities. The sale and purchase was consensual and having consent from majority of the neighborhood.
The hapless person made couple of complaints to the local police station and Superintendent of Police of 24 Parganas (north) but not a single corrective measure has been taken.
The police have not registered a First Information Report (FIR), though complaints have enough material for the same. The offences meted were cognizable in nature. So, this was a clear violation of section 154 of Criminal Procedure Code. The police not even treated the incident according to the spirit lies in 'The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act' and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities in chapter 2, section 3(1) (v) of the Act as 'Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water'. The police personnel defied the Act by violating section 4 as said in the Act as 'Whoever being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
I am providing you the detail fact finding report herewith for your considerate opinion and remedial measures.
In this regard, I demand:-
- The complaint made by the victim should be registered as First Information Report (FIR) and an apt inquiry should be initiated
- The sufferer should be compensated for his monetary loss borne due to ransacking of his house
- Safety and security of the victim should be guaranteed with due protection measures
- Measures should be taken for enjoyment of property by the victim
- The offenders should be booked according to the law
- The irresponsible and delinquent police personnel should be charged for non compliance of legal provisions
- The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act should be complied by the law enforcing agencies in verbatim and government should be directed for the sameSincerely yours
Yours faithfully
(Kirity Roy)
Secretary, (MASUM)
&
Convener, (PACTI)
Case Detail
Mr. Bhabadulal Munda, son of Late Lakkhan Munda, a permanent resident of village- Khaspur Paschimpara of Ramchandrapur Udar Gram Panchayet under Baduria block and police station of 24 Parganas (north) belongs to Schedule Tribe community and living under bellow poverty line. He was living at the said address from his childhood. His upbringing was not easy and lost his father in an early age. His mother worked at a local brick kiln for sustenance. He started petty business thereafter.
On 01.07.2010 he has bought a piece of land at dag no. 221 measuring about 3 centimes from Mr. Prabir Mondal (Biswas) and Mr. Nabakumar Mondal (Biswas) both sons of Late Madar Mondal (Biswas) and residents of same village. Neighbors know about the purchase and some of them were present during the ritual related to entrance at new home. Mr. Kalu Paul, a resident of the same village was a witness of sell and purchase between the parties. Bhabadulal made a thatched hut at the purchased land and started living there. Nobody has any complaint or grievance related to his purchase of land and living at the said land thereafter. But on 7.4.2011 at about 21.00 hours few miscreants in inebriated condition attacked his house, ransacked it and threatened him and his mother with dire consequences. The miscreants made abuses subjected to their aborigine identity. The miscreants convene a meeting of 'puja committee' and held responsible Bhabadulal's house for restricting entry to adjoining temple, which is not a case. Bhabadulal and his mother so frightened that they hided at the adjoining woods. Next day; on 8.4.2011, he made a written complaint at the Baduria Police Station with a list of accused. Baduria Police Station registered a General Dairy Entry having number GDE No. 494 dated 8.4.11, instead of First Information Report (FIR). Bhabadulal made similar complaints to Pradhan of Gram Panchayet, Block Development Officer (BDO) and Block Land Revenue Officer (BLRO) on the same day. The complainant insisted for register the incident as an FIR but police personnel of Baduria police station were reluctant and told him to wait for a while and assured him that the police would look after the matter. The police personnel also made an excuse about coming elections for assembly. Bhabadulal accepted their pleas, though not convinced. The police personnel came to his place and made enquiry. But not taken any appropriate measures or booked anyone. This made Bhabadulal more scared. After keeping silence for few days they started threatening Bhabadulal and asking him to vacate the place. The errant even warned to erect a fence in front of Bhabadulal's house to restrict his movements and kill him; if not comply their dictum. The miscreants were roaming freely and making threatening calls till date. As no reprieving measures has been taken by the police; Bhabadulal made another complaint to Baduria police station on 23.09.2011, but this time also it has been registered as general dairy entry vide Baduria PS GDE no. 931 dated 23.09.11. Bhabadulal was threatened by the accused on 15.12. 2011 at about 20.00 hours over his mobile phone which driven him to made similar complaint to the Superintendent of Police; 24 Parganas (North) on 21.12.11. But till date no remedial measurers has been taken for his security by the police.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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