National Human Rights Commission
New Delhi – 1
I want to inform you that this morning members of a Kolkata based network of women’s group; Maitree, assembled peacefully outside the residence of Chief Minister; Ms. Mamata Bannerjee to submit memoranda on recent incidents of gang rapes on two students at Barasat and Krishnaganj; Nadia. The activists were assembled with few placards on their hands and clarified their intention to the police personnel; guarding the residence of the Chief Minister. The activist also tried to hand over the same on 10th of June at Writers Buildings, when the Chief Minister refused to met the delegation. This time the activists wanted to draw personal attention of the Chief Minister but instead of making the arrangements for the same and receiving the memoranda, the posted police authority arrested 13 women activists having ample social reputation. The arrestees were Ms. Anuradha Kapoor, Ms. Swapna, Ms. Kakoli Bhattacharya, Ms. Anchita GHatak, Ms. Shyamali Das, Ms. Ratnaboli Roy, Ms. Sharmistha Dutta Gupta, Ms. Shreya Sanghari, Ms. Madhura Chakroborty, Ms. Shreya Chakroborty, Ms. Sudeshna Basu and Ms. Aditi Basu. All the arrestees were whisked to Lalbazar Central Lock Up.
The act of the police having clear instances from the state government is not only infringement of article 19 (a) and (b) of Indian Constitution which clearly sated that – All citizens shall have the right to freedom of speech and expression; and to assemble peaceably and without arms; but again during the arrest the police violated the mandatory 11 point guidelines on arrest as directed by the honourable Supreme Court in the case of DK Basu versus State of West Bengal; while arresting not furnished the arrest memos at the time of arrest. Later, the arrestees and other civil society organisations came to know that the police arrested the persons for violating section 151 of Criminal Procedure Code. Again, section 151 of CR. P.C (Arrest to prevent the commission of cognizable offences) clearly stated that ‘A police officer knowing of a design to commit any cognizable offence may arrest….’ the question is whether these persons were assembled there to commit any cognizable offence? The answer is no. Further, the Supreme Court in his judgement defined that in case of bailable offences, making an arrest is illegal. The said assemble of women activists was peaceful and they wish to met the Chief Minister and handed over her a memoranda, which was not an offence itself and otherwise well inside the domain of rights of the people.
While MASUM contacted the Lalbazar Central Lock Up at around 11.30 am and asked for the information of arrestees, the attending police officer only said that ‘yes there are few women activists inside the lock up but other relevant information is with Kalighat police station, we contacted the Kalighat police station just after, the attendant, one ASI, who was the duty officer at that time said the Officer in Charge only can put light on the arrest and subsequent detention and he has gone to Arambagh and will be back after an hour. The intention of police was evident that they don’t want to disseminate any information. When the last information came the bonds for release of the arrestees were getting ready at the Central Lock Up.
UN Declaration on HRD (2nd December 1998) states –
Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.
1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political as well as other fields and the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all these rights and freedoms in practice.”
In this regard I want to recall you about your primary responsibility of promotion and expansion of human rights for the people and demand for:-
1. The Commission must take cognizance against the police and start a case on their own
2. Commission must inquire and investigate the incident on their own
3. The errant police must be booked under the law and be prosecuted
4. The arrestees must be compensated for their loss
National Convenor, PACTI
- #Kerala – Petition to Chief Minister condemning false charges against Kerala activists #FOE (kractivist.wordpress.com)
- Rights rap on West Bengal Government #FOE #FOS (kractivist.wordpress.com)
- Police of Murshidabad planfully attacking activists of MASUM (kractivist.wordpress.com)