Saturday, April 28, 2018

Human Rights Defender faced intimidation and harassment from police due to his work against impunity.

Human Rights Defender faced intimidation and harassment from police due to his work against impunity.

My name is Lenin Raghuvanshi. I am a human rights activist and founder and CEO of Peoples’ Vigilance Committee on Human Rights (PVCHR). On the 21st April 2018, my younger brother Kanad was badly beaten by some people while attending a marriage ceremony in my neighbourhood. This resulted in a severe head injury that required 18 stiches. He complained to the police but they did not file a FIR. My organization intervened on his case and has approached various concerned authorities.

I learned of the incident on the 26th April 2018, shortly after I returned back from London where I had participated in a program. I went to the Cantt. Police station and asked for the reasons why they had not filed a FIR. I then asked about the current situation of his case. They sent me to Pahariya police outpost. When I reached the Pahariya police outpost, I was mistreated by three policemen. One of them acted inappropriately towards me and the another provoked me, all the while tape recording my conversation.

Gradually, they became more and more aggressive. They indiscriminately removed their name tags and resorted to violence against me. I realized that I was in danger of being attacked and so went to start my motorbike. Meanwhile, one of the police officers advanced from behind me, twisted my arm and pushed my motorbike to the floor. My watch broke as a result of this incidence. I kept saying that there is a rule of law and I trust in the rule of law. I asked them to call the Cantt. Police station. The police officers reacted to this with abuse, saying that, “you have created lots of troubles for police by filling cases against us” (in relation to human rights violations). Still twisting my arm, the policeman applied more pressure, so forcefully that it resulted in my wrist, shoulder and arm swelling, which has caused a great deal of pain.

More officers arrived from the Cantt. Police station and I requested them to get my medico-legal done. They told me to go home. Afterwards, I came home and recorded my terrible experience on Facebook in order to make this incidence public.


I was surprised that the police were talking about a false case that is 
registered against me in Delhi. They were also saying that they 
could not do anything against him in this case. Afterwards, at 
2:51am I rang the police helpline (100 number) on my mobile
 phone. I did not get any response. Later, I rang the human 
rights defender desk helpline in the National Human Rights 
Commission, but also got no response. Later at 6.47am, the 
human rights defender desk called back me. I could not take 
his call I was asleep. 
(Testimony of Lenin Raghuvanshi from his letter sent to various concerned authorities).
On 27th April, 2017 NHRC took cognizance in the beating of his brother Kanad (9835/24/72/2018).  FIR was also lodged in his case under section 307 ( and 392 ( IPC.

Dr. Lenin received support and solidarity from across the world. Tom Bailey famous Musician  ( wrote on Dr. Lenin facebook wall “It is shocking to see that such violent abuse is used against such a tireless advocate for basic human dignity. The world is watching”. Dr. Mohan Lal Panda, a independent intellectual and Advisor of PVCHR responded There is a section in the police force for whom lawlessness is law. They always neutralise their targets with the support of non state actors. For them their interest and identity are above the customs, conventions and constitution of India. Lenin's work pricks their eyes always, so this brave heart continues to be at the receiving end.

Background Information:

This is not the first time Dr. Lenin Raghuvanshi, Shruti Nagvanshi and PVCHR have faced intimidation and harassment from the police due to their work against impunity. The following are further examples:
On 24 April 2013, at approximately 8pm, three unidentified assailants made an attempt on the life of human rights defender Dr Lenin Raghuvanshi. The attack took place at the human rights defender's home in the city of Varanasi, of the Uttar Pradesh province in northern India The First Information Report (FIR) lodged case no. 359/13 under section 307, 452, 343 and 325 of Indian Penal Code after the intervention of Circle Officer, Cantt.  Police filed final report on this matter.

On the 28th February 2013, Sunil Gupta filed habeas corpus against me in honorable High Court under writ petition no. 8753 of 2013 as a same allegation. (The copy of writ is annexed). On 18th March, 2013 the honourable court gave order against Sunil Gupta “The petition stands disposed of, accordingly, her husband, Sunil Kumar Gupta, is restrained from making any kind of interference in the peaceful life and liberty of the corpus”.

Shruti Nagvanshi filed case against Sunil Gupta in Cantt police 
station crime no. 418/13 under section 66, 66, 67 of IT Act
 on the abusive facebook post by Sunil Gupta for rampage with 
photo. Police filed final report in this case.
On 19th June 2013 FIR lodged against Dr. Lenin and Shruti in Bhelupur police station in crime no. 199/13 under section 342, 348, 498 of IPC on the complaint addressed to Chief Medical Officer by Sunil Gupta.

The National Human Rights Commission (NHRC) took cognizance and clubbed all matter together in case no: 42218/24/72/2012. In the case hon’ble commission summoned to Senior Superintendent of Varanasi under section 13 of the PHR Act, 1993 on 20.2.2018 to explain his utter casual and callous attitude since the instant cases pertain to the year 2012. It is noted that two cases from same police outpost.

About Lenin Raghuvanshi:

Please write the letters to the following authorities urging for the independent, fair and speedy investigation of this matter and protection to human rights defender.

National Human Rights Commission (NHRC)
Manav Adhikar Bhawan
Block-C, GPO Complex,
INA, New Delhi - 110023

Director General of Police
1-Tilak Marg, Lucknow.

Senior Superintendent of Police, Varanasi
Kachehri Parisar, Varanasi – 221002

Thanking You

Sincerely Yours

PVCHR urgent appeal desk

Monday, April 16, 2018

Rehabilitation of Bonded labour

Case Details of File Number: 36900/24/39/2013
Diary Number
Name of the Complainant

Name of the Victim

Place of Incident

Date of Incident
Not Mentioned
Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission. The Commission has received a complaint from People's Vigilance Committee on Human Rights alleging that the victims of Mushar community belonging to a scheduled caste while working as bonded labourers at the brick kiln of Jagat R. (R) Marka Int Bhatta were identified and released from there. The process of rehabilitation of the eleven labourers from Varanasi have been initiated by the concerned authority, but in respect of the nine labourers of Jaunpur District and the four labourers of Azamgarh District who were also released from the above brick kiln, no process for their rehabilitation has been initiated as yet. The brick kiln owner has not paid their dues also. The complainants have requested intervention of the Commission for rehabilitation of the released labourers of Jaunpur and Azamgarh Districts and also for realising their due wages. The Commission vide proceedings dated 29.08.2015 had observed and directed as under:- “The Commission perused the record and observed that the DM, Azamgarh and DM, Varanasi, have not thrown any light on the rehabilitation of 02 bonded labourers namely Mrs. Santra, w/o Rajesh Musahar and Inrawati, w/o Vinod Musahar. They have also not thrown any light on the issue of relief provided under the Provisions of SC/ST (PoA) Act to the released bonded labourers, if they belong to that community. The DM, Azamgarh and DM, Varanasi, be asked to submit a report in this respect within four weeks failing which the Commission shall be constrained to invoke its powers u/s 13 of the Protection of Human Rights Act, 1993. DM, Jaunpur, has not submitted report. Let a copy of the proceedings dated 27.10.2014 and a copy of complaint be forwarded to him for necessary action within four weeks”. In response, the DM, Varanasi vide letter dated 16.11.2015 has forwarded report dated 04.11.2015 submitted by Dy. Labour Commissioner, Varanasi Range, Varanasi. It has been stated in the report that compensation under the provisions of SC/ST Act is not being paid by their office, and the said labour Smt. Santra, w/o Rajesh, and Smt. Inrawati, w/o Vinod Musahar were not found present during the spot enquiry conducted on 12.03.2010 and 03.05.2012. Therefore, they were not declared as bonded labourers by the then SDM, Sadar Varanasi, and no release certificate was issued. Hence, no action is pending on the part of Labour Department of District Varanasi under the provisions of Bonded Labour (Abolition) Act, 1976. The DM, Jaunpur vide letter dated 30.03.2016 has informed that two labourers Sh. Dil Kumar Musahar, s/o Munna Banwasi, and Shri Dashari Mushar, s/o Rama Musahar, both the r/o Village Sakanra, Post & PS – Rampur, Tehsil Madiahu, District Jaunpur have been provided an amount of Rs.20,000/- each through account payee cheques issued in their favour. A copy of the receipt of the cheques have also been enclosed. The DM, Jaunpur, has submitted instructions given by the NHRC have been complied with by them, and has requested to close the matter. The Commission notices that the needful regarding rehabilitation of the bonded labourers has been done, therefore, no further intervention is required, and the file is closed.
Action Taken
Concluded and No Further Action Required (Dated 4/4/2018 )
Status on 4/16/2018
The Case is Closed.