Arbitrary arrest and judicial harassment of 13 women human rights defenders in Kolkata

IND003 / 0613 / OBS 051

Arbitraryarrest / Release /

Judicialharassment

India

June 17, 2013

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the World Organisation Against Torture (OMCT) and theInternational Federation for Human Rights (FIDH), requests your urgentintervention in the following situation in India.

Brief description of the situation:

The Observatory has been informed by Banglar Manabadhikar Suraksha Mancha(MASUM) about the arbitrary arrest and judicialharassment of 13 women human rights defenders, all members of Maitree, aKolkata based women’s network, in West Bengal.

According to theinformation received, on June 13, 2013, at around 8.30 a.m., Ms. Anuradha Kapoor, Ms. Swapna, Ms. Kakoli Bhattacharya, Ms. AnchitaGhatak, Ms. Shyamali Das, Ms. Ratnaboli Roy, Ms. Sharmistha Dutta Gupta, Ms. ShreyaSanghari, Ms. Madhura Chakroborty,Ms. Shreya Chakroborty, Ms. Sudeshna Basu, Ms. Aditi Basu and another member of Maitree, assembled before theresidence of the Chief Minister of the Governmentof West Bengal, Ms. Mamata Bannerjee, bearing a few placards in theirhands and telling the police personnel guarding the residence of the ChiefMinister that they wished to submit memoranda on recent incidents of gang rapeson two students at Barasat and Krishnaganj, Nadia, in West Bengal[1].The activists were all arrested by the posted police authority without beingprovided with arrest memos, and whisked to Lalbazar (the headquarters of Kolatapolice force) Central Lock Up. They were later informed that they were arrestedfor violating Section 151 of the Criminal Procedure Code (“arrest to preventthe commission of cognizable offences”).

When MASUMcontacted the Lalbazar Central Lock Up at around 11.30a.m. and asked for information on the arrestees, the attendingpolice officer only said that “yes there (were) few women activists inside thelock up but other relevant information (was) with Kalighat police station”.MASUM then contacted the Kalighat police station and the assistantsub-inspector who was the duty officer at that time said that only theOfficer in Charge could throw light on the arrest and subsequent detention, buthe had gone to Arambagh and would be back only after an hour. At about 4.30p.m., all 13 defenders were released on bond from Lalbazar. Charges againstthem remain pending and they will all have to appear before the MagistrateCourt. During their detention, they did not have access to a lawyer, althoughlawyers were present and try to see them from 10 a.m. until their release.

The Observatory condemns the arbitrary arrest and judicial harassmentagainst the 13 above-mentioned members of Maitree, which seems to merely aim atsanctioning their peaceful women’s rights activities.

Actions requested:

Please write to the authorities of India, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of the 13above-mentioned members of Maitree, including Ms. Anuradha Kapoor, Ms. Swapna,Ms. Kakoli Bhattacharya, Ms. Anchita Ghatak, Ms. Shyamali Das, Ms. RatnaboliRoy, Ms. Sharmistha Dutta Gupta, Ms. Shreya Sanghari, Ms. Madhura Chakroborty,Ms. Shreya Chakroborty, Ms. Sudeshna Basu and Ms. Aditi Basu, as well as of all human rights defenders inIndia;

ii. Put an end to acts ofany acts of harassment against them as well as against all human rightsdefenders in India;

iii. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders, inparticular with its:

- Article 1, whichprovides that “everyone has the right, individually and in association withothers, to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels”;

- Article 6(a), whichforesees that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms”;

- Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of therights referred to in the present Declaration”;

iv. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with in accordance with the Universal Declaration of Human Rightsand with international and regional human rights instruments ratified by India.

Addresses:

· Ms. Mamata Banerjee, Chief Minister, Government of West Bengal,Writers’ Buildings, BBD Bagh, Kolkata - 1, Fax - +91 33 22145480, Email :cm@wb.gov.in, sechome@wb.gov.in

· Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’sOffice, Room number 152, South Block, New Delhi, India. Fax: + 91 11 2301 6857E-mal: pmosb@pmo.nic.in/ manmo@sansad.in

· Mr. Sushil Kumar Shinde, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001India, Fax: +91 11 2309 2979

· Justice Altamas Kabir,Chief Justice of India,Supreme Court, Tilak Marg, New Delhi -1, India. Fax: +91 11 23383792, Email: supremecourt@nic.in

· Justice K. G.Balkrishnan, Chairperson of the National Human Rights Commission of India,Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: +91 11 23340016 / 2338 4863, Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr. Shri A. K. Parashar,Focal Point on Human Rights Defenders, National Human Rights Commission,Faridkot House, Copernicus Marg, New Delhi 110 001, India. Email: hrd-nhrc@nic.in

· National Commission forWomen, 4, Deen Dayal Upadhayaya Marg, New Delhi. Email: ncw@nic.in, complaintcell-new@nic.in

· Acting Chairman, West Bengal Human Rights Commission, BhabaniBhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in / wbhrc8@bsnl.in

· The Chairperson, West Bengal Women Commission, Jalasamped Bhawan (Groundfloor & 10th floor), Block DF, Sector – 1, Salt Lake City,Kolkata. Email : wbcm@vsnl.net

· Governor, West Bengal, Raj Bhaban, Kolkata - 62, Phone: +91 33-2200 1641, Fax: +91 33 – 22002444 / 2200 1649, Email: secy-gov-wb@nic.in

· H.E. Mr. Dilip Sinha,Ambassador Extraordinary and Plenipotentiary, Permanent Representative to theUnited Nations in Geneva, Rue du Valais 9, 1202 Geneva, Switzerland. Fax: +4122 906 86 96, Email: mission.india@ties.itu.int

· Embassy of India inBrussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)26489638 or +32 (0)2 6451869

Please also write to the diplomaticrepresentations of India in your respective countries.

***

Geneva-Paris, June 17, 2013

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the protectionof Human Rights Defenders and aims to offer them concrete support in their timeof need.

To contact theObservatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 22809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

[1] On June 10, 2013, the activists had already tried to hand over the samememoranda at Writers Buildings, where is located the Chief Minister’s office,but Ms. Bannerjee had refused to meet the delegation.