Sanjay Sharma
<tahririndia@gmail.com>
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Tue,
May 19, 2015 at 10:24 AM
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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>, uphrclko <uphrclko@yahoo.co.in>, cmup
<cmup@nic.in>, cmup <cmup@up.nic.in>, csup
<csup@up.nic.in>, csup <csup@nic.in>, dgp@up.nic.in, uppcc-up
<uppcc-up@nic.in>, uppcc <uppcc@up.nic.in>, dmson@nic.in
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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
murderous assault on tribal Human Rights Defender Mr.AkluChero and
illegal arrest and detention of Human Rights Defenders Mr.Gambheera
Prasad (President, Kanhar Dam VirodhiSangarshSamiti, Sonbhadra),
activists Mr. Pankaj Gautam and Mr.AsarsiYadav by the Uttar Pradesh
police for protesting against the Kanhar Dam construction.
Source of Information on the Incident:
• The Regional Coordinator of HRDA for the North
of India
• Media reports
The Human Rights Defender:
Mr.AkluChero is an active member of Kanhar Dam VirodhiSangarshSamiti,
Sonbhadra, Uttar Pradesh which is a people’s organization formed in
2002 to protest the construction of Kanhar Dam which will submerge 87
villages on completion. He has been fighting for the rights of the
poor tribal villagers of the region whose livelihood is affected by
the dam. Mr.AkluChero has been involved for over 6 years now in
mobilizing and educating the tribal people to defend their rights.
Mr.Gambheera Prasad is the President of Kanhar Dam
VirodhiSangarshSamiti, Sonbhadra and is leading the movement against
the dam construction.
Mr. Pankaj Gautam and Mr.AsarsiYadav are active members of the Samiti.
The Perpetrators:
Uttar Pradesh Police – Mr.KapilDevYadav of Duddhi Police Station,
Sonbhadra in particular
Date of Incident:
14th of April, 2015
Place of Incident:
The Kanhar Dam Site in Babin block in the Sonbhadra District of the
Northern Indian State of Uttar Pradesh
Incident detail:
According to the sources, on the 14th of April, 2015 Mr.AkluChero, a
member of the CheroParhaiyya tribe and resident of Sundari village was
shot from point blank range by Inspector Mr.KapilDevYadav of Duddhi
police station in Sonbhadra, Uttar Pradesh. It took place at the
Kanhar dam project site, 13 kilometres from Duddhi town where tribal
villagers were protesting against the dam project under the banner of
Kanhar Dam VirodhiSangarshSamiti, Sonbhadra, Uttar Pradesh.
According to sources the police inspector fired three shots, one in
the air, one shot at AkluChero with the intention to kill him and one
shot at his own hand to establish that he was attacked by the
protesters and he opened fire in self - defense. The bullet pierced
through the upper left part of Mr.Chero’s chest and came out from the
back. He was rushed to the city hospital from where he was referred to
the Benaras Hindu University hospital. Mr.Chero barely managed to
survive this attempt on his life. He was asked to be admitted in the
hospital for 45 days for treatment. The villagers have preserved the
spent bullet shells. Mr.Chero has been provided any financial help by
the district administration for his treatment. Villagers are
collecting money to help him.
The sources also claim that two defenders who accompanied Mr.AkluChero
to the Benaras Hospital went missing. After the protest and
intervention by Mr.SandeepPandey (Roman Magsasay Awardee), the
district magistrate came out with an order. The two missing defenders
are suspected to be in police custody. In the incident 16 women human
rights defenders were also injured. Mr.Gambheera Prasad, the
President of Kanhar Dam VirodhiSangarshSamiti, Sonbhadra, Uttar
Pradesh who is representing the case against the dam in UP High Court
was arrested by the Special Task Force, UP police from Allahabhad on
21st April along with activist Mr.Mr. Pankaj Gautam village Korchi,
Duddhi and Mr.AsarsiYadav of Bhisur village who were picked from
Robertsganj. They have not been granted bail so far. Another activist
Mr. Shiv Prasad Kharwar has been reported missing after the police
action.
Background to the incident:
The villagers are against the project as it will destroy around 2,500
hectares of dense forests and submerge 87 villages once it comes up.
Tribes like Bhooinus, Kharwars, Gondhs, Cheros and Panikas who
dominate the region have also not been informed about the
environmental and social impacts of the project as mandated by laws.
In 1973, the Central Water Commission proposed a dam on the
Kanharriver which originates in Chhattisgarh, passes through Jharkhand
and then enters Uttar Pradesh. The Kanhar dam project was first
conceived in 1976 to provide irrigational facilities to Dudhi and
Robertsganj tehsils of Sonbhadra district in southeast Uttar Pradesh.
Land was partially acquired between 1978 and 1982 and people received
compensation at the time. However, the project remained a non-starter
due to the alleged non-availability of funds for several years.
The Uttar Pradesh government finally started construction work on
December 5, 2014. Nineteen days later, the National Green Tribunal
(NGT) stayed further construction at the dam site after a petition was
filed before it by DebadiyoSinha. Sinha alleged that the project could
not be started based on clearances obtained in the 1980s. It required
a fresh assessment taking into account the significant environmental
changes which occurred in the past 30 years, he argued.
As part of protest against the state government’s decision, the gram
sabhas of all the affected villages also filed a petition in the
Allahabad High Court regarding discrepancies in the land acquisition
process.
In January 2015, Sinha approached the court with a contempt petition
against the Uttar Pradesh government for its non-compliance with the
NGT’s directive. On February 4, 2015, NGT sought a reply from the
state government, but the latter failed to comply within the
stipulated 10-day period.
On February 21, NGT sought a report from the Union environment
ministry within a week and set March 4, 2015, as the final hearing
date, according to news reports. At this hearing, the project
proponent was asked to produce the forest clearance report. Since the
state government failed to do so, NGT granted them time to produce the
valid forest approval at the next hearing on March 12, 2015.
However, for the second time in a row, the ministry failed to comply
with the green body’s directive. It was first asked to submit a
compliance report on February 19 about the progress made by the UP
government on the Kanhar dam construction. The matter was reserved for
judgement by NGT in its order dated March 24, 2015.
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 Sonbhadra
• Order an immediate, thorough, transparent,
effective and impartial
investigation into the above-mentioned events of attempt on the life
of Mr.AkluChero and the arrest, detention and assault on the other
protestors of the Kanhar Dam project.
• Take immediate action on the perpetrators for
the attempt on the
life of Mr.AkluChero and the arrest, detention and assault on the
other protestors of the Kanhar Dam project and using all provisions of
law, ensure that the defenders are not harassed or assaulted in
future.
• Guarantee in all circumstances the physical and
psychological
integrity of Mr.AkluChero and others who are still under risk of
further attacks from the perpetrators.
• Ensure provision of reparation, compensation,
apology to the
defenders for the physical and psychological sufferings they underwent
because of the assault and provide a re-assurance of not
engaging in
such acts against HRDs such as Mr.AkluChero and the others;
• Put an end to all acts of attack and harassment
against all human
rights defenders like Mr.AkluChero in the State of Uttar Pradesh 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 Uttar Pradesh 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 Uttar Pradesh 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 Uttar Pradesh
for the protection of the rights of human rights defenders.
• Recommend urgently and speedily during the
pendency of this
complaint, the State Government of Uttar Pradesh in collaboration with
the NHRC Focal Point on HRDs and the SHRC Uttar Pradesh 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 Uttar Pradesh in collaboration with
the SHRC Uttar Pradesh 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,
Yours sincerely,
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
Facebook : https://www.facebook.com/sanjay.sharma.tahrir.india
Website :http://tahririndia.blogspot.in/
E-mail : tahririndia@gmail.com
Twitter Handle : @tahririndia
Mobile : 9369613513
Letter No. : TAHRIR/07/2015-16/150519hrdup Date
: 19-05-2015
To,
1- The Chairperson
National Human Rights Commission,
ManavAdhikarBhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023
Email: "covdnhrc" <covdnhrc@nic.in>,
"ionhrc" <ionhrc@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 Focal Point in NHRC”" <hrd-nhrc@nic.in>,
"“HRD Focal
Point in NHRC”" <jrlawnhrc@nic.in>,
3- Mr. Justice TarunChatterjee,
Chairperson,
U.P. State Human Rights Commission,
TC-34 V-1,
VibhutiKhand,
Gomti Nagar,
Lucknow-226010
uphrclko@yahoo.co.in
Fax No.: 0522 – 2305808
4- ShriAkhileshYadav
Hon’ble Chief Minister,
Govt. of Uttar Pradesh,
Luncknow,
Uttar Pradesh.
Ph: 0522-2236181 2239296 2215501
Fax: 0522-2236838 2236985
E.mail: "cmup" <cmup@nic.in>,
"cmup" <cmup@up.nic.in>,
5- ShriAlokRanjan,
Chief Secretary,
Govt. of Uttar Pradesh,
Lucknow,
Uttar Pradesh.
Ph: 0522-2221599
Fax: 0522-2239283
E.mail: "csup" <csup@up.nic.in>,
"csup" <csup@nic.in>,
6- Director General of Police,
Police Headquarters,
No.1, TilakMarg,
City Lucknow,
Pin: 226001.
Uttar Pradesh
Ph: 0522-2206104
dgp@up.nic.in,
"uppcc-up" <uppcc-up@nic.in>,
"uppcc" <uppcc@up.nic.in>,
7- District Magistrate,
District Headquarters
Sonbhadra District
Uttar Pradesh.
E.mail: dmson@nic.in
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
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