Urgent appeal Re. threatening of RTI (Right to Information) Activist Laxman Thakur and levying of fine on him for seeking information under the RTI Act on forest land encroachments .

Sanjay Sharma <tahririndia@gmail.com>	Wed, May 20, 2015 at 6:48 PM
To: covdnhrc <covdnhrc@nic.in>, ionhrc <ionhrc@nic.in>, “HRD Focal Point in NHRC” <hrd-nhrc@nic.in>, “HRD Focal Point in NHRC” <jrlawnhrc@nic.in>, chiefminister@maharashtra.gov.in, cm@maharashtra.gov.in, cs@maharashtra.gov.in, mshrc2000@yahoo.in, dgpms.mumbai@mahapolice.gov.in, collector_raigad@maharashtra.gov.in, addlsp.rd@mahapolice.gov.in
To, 1-      The Chairperson National Human Rights Commission ManavAdhikarBhawan, Block-C, GPO Complex, INA, New Delhi – 110 023 Email: covdnhrc@nic.in 2-      Shri A. K. Parashar National Focal Point - Human Rights Defenders & Joint Registrar National Human Rights Commission ManavAdhikarBhawan, Block-C, GPO Complex, INA, New Delhi – 110 023 Email: hrd-nhrc@nic.in 3-      Shri.DevendraFadnavis Hon'ble Chief Minister, Govt. of Maharashtra, Mantralaya, Mumbai, Maharashtra. Phone : 022-22025151 / 022-22025222 Fax : 022-22029214 Email : chiefminister@maharashtra.gov.in  cm@maharashtra.gov.in 4-      Shri.Swadhin Kshatriya Chief Secretary, Govt. of Maharashtra, Mantralaya, Mumbai – 400 032. Maharashtra. Phone : 022-22028762 Email : cs@maharashtra.gov.in 5-      Justice S.R. Bannurmath, Hon’bleChairperson Maharashtra State Human Rights Commission Administrative Staff College Compound, 9, HajarimalSomaniMarg, OPP. C.S.T. MUMBAI-400001, Phone: 022 22034233 / 22076408 Mobile: 9886406702 Fax: 022-22091804 E-mail: mshrc2000@yahoo.in Website: http://www.mshrc.gov.in 6-      Shri.Sanjeev S. Dayal, IPS Director General of Police, Police Head Quarters, Old Council Hall, ShaeedBhagat Singh Marg, City Mumbai, Pincode-400001 E-mail: dgpms.mumbai@mahapolice.gov.in Phone: +91 22 22026672 (O) +91 22 22840598 (OF). 7-      Shri SumantNamdeoraoBhange District Collector & District Magistrate District Collector's Office At/PO - Alibag, District - Raigad Pin - 402 201 Maharashtra State Office Phone No.        :    +91-2141-222001 Residence Phone No.  :    +91-2141-222002 Office Fax No.             :    +91-2141-222025 EPABX No.                 :    +91-2141-222118 E-mail : collector_raigad@maharashtra.gov.in 8-      Additional Superintendent of Police, Police Head Quarters, District: Raigad Maharashtra State E.mail: addlsp.rd@mahapolice.gov.in Letter No. TAHRIR/2015-16/200515/RTI HRD MH/08     Dated 20th May 2015 Sub.: Urgent appeal Re. threatening of RTI (Right to Information) Activist Laxman Thakur and levying of fine on him for seeking information under the RTI Act on forest land encroachments . Sir/madam TAHRIR ( Transparency, Accountability & Human Rights initiative for revolution ) is a  Bareilly/ Lucknow based Social Organization, working at grass-root level by taking up & solving issues related to strengthening transparency & accountability in public life and protection of Human Rights in India. We are now writing to express our grave concern regarding the Village Panchayat’s threatening of RTI (Right to Information) Activist Laxman Thakur and levying of fine on him for seeking information under the RTI Act on the forest land in his village and how much of it had been encroached upon. Source of Information on the Incident: •       The Regional Coordinator of HRDA for the South of India •       Complaint lodged by the defender •       Ms. KamayaniMahabal of www.kractivist.org The Human Rights Defender: Laxman Thakur is an RTI Activist,a farmer and also a freelance photographer for a Panvel based daily. The Perpetrators: The Panch committee members: 1.      Santosh Krishna Patil, 2.      VidyadharVinayak Joshi, 3.      Sunil Krishna Mhatre, 4.      Ghanshyam Joshi, 5.      PrakashMhatre and Villagers 1.      Deepak Patil 2.      RoshanPatil and others. Mr. S. S. Patil, Official, Forest Department Date of Incident: 5th of April, 2015 Place of Incident: Tara Village, situated 17 kilometers from Panvel, off Mumbai Goa Highway, coming under jurisdiction of New Panvel police station, in Raigad District of the Western Indian State of Maharashtra Incident detail: According to the sources,on the 5th of April 2015, Mr.Laxman Thakur was summoned for a meeting by the Panchayat Committee (Village Council) at a temple. There, the members of the Panchayat, Mr.Santosh Krishna Patil, Mr.Vidyadhar Joshi, Mr. Sunil Mhatre, Mr.Ghanshyam Joshi and Mr.PrakashMhatre, along with some villagers including Deepak Patil and RoshanPatil shouted at him and they claimed that by filing an RTI he had gone against the Panchayat. One of the Panchayat Members said no such thing had ever happened since 1890 and that he would be punished for his act. They levied a penalty of Rs.5,001 for not withdrawing the RTI application, and Rs 2,501 for not attending their earlier meetings. When Laxman protested that this was unfair, one of them picked up a brick and threatened to smash his head and then threatened that the entire village would ostracise his family. The news of the levying of penalty and threat to ostracise Mr. Thakur and his family spread and some local dailies published them which irked the Panchayat committee. Mr.Laxman fears that the Panchayat and the Villagers might harm him because of this. Mr. Thakur’s nature of work is such that he has to travel and be away from home for long stretches of time and in the meanwhile his family is left alone in the village. To add to this, his father Mahadev Thakur also suffers from a heart ailment. Background to the incident: In July, 2004, a 5,000 sq. ft. plot where Mr.Laxman Thakur and his family were growing vegetables for 50 years was taken away by the panchayat, stating it was committee land and belonged to the forest department. In December 2104 he had filed an RTI application to get details of the forest department land in his village and also to find if there were any encroachments on it. The application was made to the Panvel forest department office and was addressed to Mr. S. S. Patil of the Forest Department. Mr.Patil, taking undue advantage of his position informed the village Panchayat committee about the application he had made. Subsequently the Panchayat Members asked him to withdraw the application as it was a committee order. Laxman, however, did not and also did not report to the meetings that the Panchayat called him for. Appeal : We, therefore urge you to immediately take necessary steps to ensure that the Superintendent of Police and the District Collector and District Magistrate of Raigad •       Order an immediate, thorough, transparent, effective and impartial investigation into the above-mentioned events of levying of fine on Mr.Laxman Thakur and the threats issued to him. •       Take immediate action on the perpetrators, in this case the Panchayat itself, for the levying of fine on Mr.Laxman Thakur and the threats issued to him and using all provisions of law, ensure that the defender is not harassed in future. •       Guarantee in all circumstances the physical and psychological integrity of Mr.Laxman Thakur, who is still under risk of further attacks from the perpetrators. •       Ensure provision of reparation, compensation, apology to the defender for the psychological sufferings he underwent because of the threats and penalizing and provide a re-assurance of not  engaging  in such acts against HRDs such as Mr.Laxman Thakur; •       Put an end to all acts of attack and harassment against all human rights defenders like Mr.Laxman Thakur in the State of Maharashtra to ensure that in all circumstances they carry out their activities as defenders of human rights without any hindrances; •       Takes steps to conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially: - Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels - Article 12.2, which provides that “"the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”; •       Recommend urgently and speedily during the pendency of this complaint, the SHRC in Maharashtra to also take necessary steps to establish a state focal point for HRDs in order that HRDs in the have a new protection mechanism in their own state. •       Recommend urgently and speedily during the pendency of this complaint, the SHRC in Maharashtra to convene a meetings of all state human rights institutions in the state [women, minorities, right to information, disability, children etc] to ensure that a co-ordinated strategy  is developed within the State of Maharashtra  for the protection of the rights of human rights defenders. •       Recommend urgently and speedily during the pendency of this complaint, the State Government of Maharashtra in collaboration with the NHRC Focal Point on HRDs and the SHRC Maharashtra to provide sensitization training to law enforcement and security forces on the role and activities of human rights defenders as a matter of priority, with technical advice and assistance from relevant United Nations entities, NGOs and other partners. •       Recommend urgently and speedily during the pendency of this complaint, the State Government of Maharashtra in collaboration with the SHRC Maharashtra to publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who, “individually and in association with others, ... promote[s] and ... strive[s] for the protection and realization of human rights and fundamental freedoms at the national and international levels” (Art.1 of the Declaration on Human Rights Defenders). •       More generally, ensures in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by India. Looking forward to your immediate action in this regard, Truly yours, Sanjay Sharma سنجے شرما संजय शर्मा ( Founder & Chairman) Transparency, Accountability & Human Rights Initiative for Revolution ( TAHRIR ) 101,Narain Tower,F Block, Rajajipuram  Lucknow,Uttar Pradesh-226017 https://www.facebook.com/sanjay.sharma.tahrir.india Website :http://tahririndia.blogspot.in/ E-mail : tahririndia@gmail.com Twitter Handle : @tahririndia Mobile : 8081898081  TAHRIR ( Transparency, Accountability & Human Rights initiative for revolution ) is a Bareilly/Lucknow based Social Organization, working at grass-root level by taking up & solving issues related to strengthening transparency & accountability in public life and protection of Human Rights in India.   तहरीर (पारदर्शिता, जवाबदेही और मानवाधिकार क्रांति के लिए पहल  )  भारत में लोक जीवन में पारदर्शिता संवर्धन, जबाबदेही निर्धारण और आमजन के मानवाधिकारों के संरक्षण के हितार्थ  जमीनी स्तर पर कार्यशील संस्था  है  l