Preliminary report of Nandigram National People's Tribunal hearings
Dr. John Dayal
An All India Citizens' Initiative
45 Beniatola Lane, 3rd Floor, Kolkata-700009 Ph. & Fax +91 033 2219
2902 Mob. 09433728792
PRESS RELEASE
28 May, Kolkata
In its interim report, the independent People's Tribunal on Nandigram
has recommended, among other measures, the setting up of special Human
Rights Courts to ensure speedy justice in all cases of human rights
violations in Nandigram and adjoining areas.
The Tribunal, organized by the All India Citizens Initiative, heard
depositions from victims, witnesses, social activists, intellectuals,
doctors, human rights groups and other concerned organisations here
today. The hearings were held in both Nandigram and Kolkata from 26-28
May and headed by Justice S.N.Bhargava, former Chief Justice of the
Sikkim High Court.
Tribunal members, which included Prabhash Joshi (Editorial Advisor,
Jansatta), Lalita Ramdas ( Social Activist), John Dayal (Member,
National Integration Council) and Jyotirmoy Samajder (Psychiatrist),
visited the site of police firing and other places in the Nandigram
area relevant to understanding the circumstances and nature of the
violence.
Meanwhile Mr. Anup Agarwal, the District Magistrate of Midnapur (East)
issued a letter to the organizers of the Tribunal asking under what
'law of the land' such a Tribunal was being organized. The All India
Citizen's Initiative in its reply said that the Tribunal had been
organized under Article 51 of the Constitution, which calls upon every
citizen of India " to promote harmony and spirit of brotherhood
amongst all the people of India transcending religious, linguistic,
regional and social diversities". It must be mentioned here that all
concerned official agencies were informed of the Tribunal and
requested to depose before it but none of them turned up.
The Tribunal received over 39 oral and 142 written depositions at the
hearings held at primary schools in Gokulnagar and Sonachura and the
University Institute Hall in Kolkata. While a final report of its
findings is still being prepared the Tribunal has the following
observations to make, based on prima facie evidence as well as
depositions made before it:
- There is no doubt at all that grave violations of human
rights have been committed against the villagers of Nandigram;
- There seems to be a disturbingly large number of reports of
sexual violence against women;
- There is an urgent need for a thorough, independent
investigation of the events of 14 March 2007, especially with a view
to ensuring justice for all those whose rights have been violated;
- There are still a significant number of people in the area
who need immediate medical attention for various problems related to
the violence;
- From all accounts no steps have been taken by the state
machinery to provide compensation for the dead and injured so far.
- The education and normal activities of school going
children in both Nandigram and adjoining areas such as Khejuri have
been seriously affected due to both past and ongoing disturbances.
Based on these observations the Tribunal would therefore like to make
the following preliminary recommendations:
- Special Human Rights Courts should be set up in West Bengal
at the earliest to deal with all cases of human rights violations that
have occurred in Nandigram and adjoining areas;
- Stringent punishment needs to be meted out to all public
officials and others guilty of violation of human rights or
administrative lapses leading to such violations;
- There should be adequate compensation and social
rehabilitation provided to families of all those killed or injured in
the violence of 14 March 2007, as well as in the period before and
after this date.
- Many of those injured were men and women working as wage
labour in agriculture and other sectors. They are no longer able to
continue working and must be also be provided alternate employment;
- There should be special compensation and social
rehabilitation provided to all victims of rape or molestation in
Nandigram and adjoining areas;
- Steps should be taken immediately to trace all those who
are supposed to have gone 'missing' in the aftermath of the violence
in Nandigram and adjoining areas;
- Free and competent medical treatment should be provided by
the state government for all those physically or mentally affected by
the violence;
- Urgent relief needs to be provided to all those whose
livelihoods have been severely affected by the turmoil since January
2007.
- Immediate steps should be taken to stop ongoing violence in
Nandigram and adjoining areas and every effort made, in a sincere
manner, to bring peace among all factions involved. The services of
non-governmental and civil society organizations should be utilized in
the peace process if necessary;
- All necessary precautions need to be taken to prevent the
occurrence of such events in future in other parts of West Bengal.
The Tribunal will continue working on a final report of its findings
and present them to various concerned agencies for further action.