Fwd: Impunity by NHRC,India

[PVCHR]

Impunity by National Human Rights Commission (NHRC) of India

Be it known that Asian Human Rights Commission (AHRC), based in Hong Kong has recently issued an open letter to Chairperson of NHRC and has also issued an urgent appeal in relation the case of an attempted assassination on my life  and further blackmail by the police. In this respect detailed report is enclosed with this appeal.
 I would like to say my thanks to Mr. Basil Fernando, Executive Director of AHRC who helped me morally to come out with truth and gave me courage to fight against the impunity and discretionary action of NHRC.I wanted to draw the attention of NHRC that police of Varanasi made conspiracy to intimidate and kill Dr. Lenin on 18 Feb. 1998   by state managed encounter of Shiv Dhani Chauhan in his parent’s home, because I had already filed a complaint against police to make a fake encounter of Babloo Singh and its associates. In this case, it should also be noted that my mother Shri Mati Savitri filed a complaint with NHRC and NHRC issued notice to SSP of Varanasi as most immediate case no.997/24/98-99.Today I came across to the aforesaid case through website of NHRC and found that NHRC had closed the case by stating,” In this case the notice is issued several years back calling for the response of the concerned authority to the allegation made. No response has been received to the notice even now and the complainant/petitioner also has not evinced any interest during this period to pursue the matter. Apparently, the case has become infructuous and no useful purpose could be served by keeping them pending or pursuing them further since there appear to be no surviving grievance. Accordingly the case is closed. However, this intimation be sent to the complainant/petitioner for information”.

It is utter surprising for me that the NHRC has not mentioned in its above mentioned order about the documents which were sent by my mother on 2.11.1998 and through registered post on 3.11.1998 from Kalka ji Post office of New Delhi (registry Number 3962618) in the pursuance of this case. So it is totally wrong to say that petitioner has no interest in the case. As for as intimation to the petitioner from NHRC about the order is concerned, the petitioner never received any information or intimation in this respect.

It seems that NHRC is mislead this case at a great extent which is a matter of concern not for only common people but for Human Rights defenders as well. Actually it is a mockery of rule of law and independent justice system of India. In such a way failure of justice delivery system on behalf of NHRC not only discourages a human rights defender to establish rule of law and to protect the human rights of all but it would have far reaching effect on human rights activism in the country. 

So we demand that:

·        A high level enquiry should be set up to look into this case.

·        An extensive reform should be introduced to bring about change in to the modus operandi of NHRC. We make following suggestion:

1.      Ensure impartiality of investigation.

2.      Ensure independence of law department.

 

With warm regards,

Dr. Lenin

Convener,

People’s Vigilance Committee on Human Rights (PVCHR)

Sa 4/2 a, Daulatpur, Varanasi-221002,UP,India

Mobile:+9935599333

Email:pv...@yahoo.com

Website:www.pvchr.org 

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Search this section: Top of Form Bottom of Form Advanced Search Printer Friendly Version	INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME 26 January 2007 ----------------------------------- UA-027-2007: INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh INDIA: Threats to human rights defenders; failure to provide remedy and justice; impunity ------------------------------------------------------ Dear friends, The Asian Human Rights Commission (AHRC) regrets to inform you that the National Human Rights Commission (NHRC) of India fails to provide adequate remedy to Dr. Lenin Raghuvansi, who had complained to the Commission regarding an attempted assassination on his life by the police.   He is a human rights activist working for the Dalits and the backward class in Varanasi, Uttar Pradesh, India. We were also informed that the police allegedly blackmailed Dr. Lenin to the Commission, instead of conducting proper investigation into his complaints. In fact, Dr. Lenin has been receiving numerous death threats due to his dedicated work for vulnerable people in Varanasi. Please refer to our previous urgent appeals on death threats on him: UA-166-2005, UP-100-2005 and UA-138-2005.     CASE DETAILS:  On 18 February 1998, Dr. Lenin Raghuvansi's house was surrounded by police officers from Ramnagar police station, in an attempt to assassinate him. The alleged reason behind the assassination is that, Dr. Lenin, as a human rights defender, tried to voice the grievances of the families whose members were allegedly killed in encounters. He lodged a complaint with detailed information of the well-planned assassination attempt on his life with the NHRC (ref. case number: 5840/24/97-98). Ever since Dr. Lenin has requested the NHRC to get a proper inquiry into this matter both in writing and via telephone. On 22 January 2002, through a letter signed by Mr. Anil Parashar, the Assistant Registrar [Law] of the NHRC informed Dr. Lenin of a report provided by the police regarding his complaint. The police report stated "[A]nd feels that no further action is called for the complaint and the same may be treated as closed". Immediately Dr. Lenin responded by letter on 30 July 2002. He also wrote and called to the NHRC, stating that the matter needs to be inquired into, and that the police report given in their defense should not be accepted as the correct version of events. In the police report that the NHRC sent to Dr. Lenin, the police also alleged that "Dr. Lenin was himself providing shelter to the criminals for his selfish motives … that it would be better to write about his removal from his post of convener of Manava Adhikar Jananigrani Samiti (PVCHR)". The AHRC has an opinion that this is a stark attack on a human rights defender, in order to blackmail him and to create a doubt on hiscomplaint. Dr. Lenin is frustrated because the NHRC's inaction into this serious allegation for years. The AHRC strongly urges the NHRC to investigate the alleged attempt on the life of Dr. Lenin and the stark blackmail on him by the police. The matter concerns not only the life and the reputation of one human rights defender, but also the very legitimacy of human rights work in general. Dr. Lenin is the convener of The Peoples' Vigilance Committee on Human Rights (PVCHR), which is a reputed human rights organization in Varanasi district of Uttar Pradesh in India and internationally. This organization has been doing valuable human rights work on caste discrimination, prevention of torture and the elimination of discrimination against women in the area. SUGGESTED ACTION: Please write to the chairperson of the National Human Rights Commission (NHRC) of India, demanding a proper and speedy investigation into the alleged attempted assassination on Dr. Lenin's life as well as police's blackmail to harm his reputation. Please also send a copy of your letter to other relevant authorities including the UN Special Rapporteur on human rights defenders for immediate actions on this case. To support this appeal, please click: Sample letter: Dear ___________, INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh I am writing to complain about your Commission’s failure to provide adequate remedy to Dr. Lenin Raghuvansi. He had made a complaint to the Commission regarding an attempted assassination on his life by the police. Dr. Lenin is the convener of The Peoples' Vigilance Committee on Human Rights (PVCHR), which is a reputed human rights organization in Varanasi district of Uttar Pradesh in India and internationally. This organization has been doing valuable human rights work on caste discrimination, prevention of torture and the elimination of discrimination against women in the area. According to the information I have received, on 18 February 1998, Dr. Lenin Raghuvansi's house was surrounded by police officers from Ramnagar police station in an attempt to assassinate him, because of his support to the families of many encounter deaths. He lodged a complaint regarding this incident to your Commission (ref. case number: 5840/24/97-98). Ever since Dr. Lenin has communicated with the NHRC in writing and via telephone, in order to get a proper inquiry into this matter. However, I was informed that on 22 January 2002, through a letter signed by Mr. Anil Parashar, the Assistant Registrar [Law] of the NHRC informed Dr. Lenin of a report provided by the police regarding his complaint. The police report stated "[A]nd feels that no further action is called for the complaint and the same may be treated as closed". The police report also alleged that "Dr. Lenin was himself providing shelter to the criminals for his selfish motives … that it would be better to write about his removal from his post of convener of Manava Adhikar Jananigrani Samiti (PVCHR)". Since then, Dr. Lenin wrote and called to your Commission, demanding an inquiry into assassination attempt and the police's blackmail. However, no further action has yet been taken by your Commission despite the complaint has been filed for years.  Dr. Lenin now feels frustrated because of your Commission's inaction. I believe that the police report is a stark attack to blackmail Dr. Lenin, and create a doubt about his complaint. I therefore request you to conduct a proper and speedy inquiry into the said matter, and take action accordingly. This matter concerns not only the life and the reputation of a human rights defender, but also the very legitimacy of human rights work in general. Yours truly, -------------------- PLEASE SEND YOUR LETTER TO: The Chairperson National Human Rights Commission of India Faridkot House, Copernicus Marg New Delhi 110001 INDIA Fax: +91 11 23384863 SEND A COPY OF YOUR LETTER TO: 1. Mr. Mulayam Singh Yadav Chief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234 2. Mr. Manmohan Singh Prime Minister of India Prime Minister's Office Room number 152, South Block New Delhi INDIA Fax: +91 11 23016857 Email: pm...@pmo.nic.in  3. Ms. Hina Jilani Special Representative of the Secretary General for human rights defenders Att: Melinda Ching Simon Room 1-040 C/o OHCHR-UNOG 1211 Geneva 10 SWITZERLAND Tel: +41 22 917 93 88 Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS) Thank you. Urgent Appeals Programme Asian Human Rights Commission (ahr...@ahrchk.org) Posted on 2007-01-26 Back to [2006 Urgent Appeals]
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[PVCHR]

Dr. Lenin
Campaign Coordinator
Right to Food Campaign,UP
SA 4/2 A, Daualtpur, Varanasi-221002

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[Dr. P. R. Sreemahadevan Pillai]

A TECHNICAL REPORT ON THE ENVIRONMENTAL IMPACT ASSESSMENT OF THE PROPOSED KOORUMALA ROCK CRUSHER AND ARTIFICIAL SAND MANUFACTURING UNIT PROPOSED TO BE SET UP AT ELANJI VILLAGE, MUVATTUPUZHA TALUK,  ERNAKULAM DISTRICT,  KERALA, SOUTH INDIA.

 

 

Prepared by

 

Dr. P.R.Sreemahadevan Pillai, President, Indian Environment Congress 

Phone: 0-9447490572, E-mail: sreemahad...@yahoo.com 

 

 

 

EXECUTIVE SUMMARY

 

                        The proposed rock crusher and artificial sand manufacturing unit to be set up at Koorumala has invited severe protest from local inhabitants and environmentalists.  Invited by the stakeholders, the undersigned have visited the site of the proposed unit and the surroundings for a first-hand inspection of the locality as a fact-finding mission.  The study has made the undersigned to conclude that the proposed project at Koorumala is disastrous to the environment and will spoil the serene and sensitive ecosystem of the area, if implemented.

 

 

 

1.         INTRODUCTION

 

 

                        Koorumala is geographically located at 76⁰ 33’ E Longitude and 9⁰ 52’ N Latitude.  It is situated 4 kms west of Koothattukulam in Ernakulam Dist.  It is located in the western part of Muvattupuzha drainage basin and is a part of the Idukki segment of Western Ghats.  The ecosystem in the area is centred on Koorumala and its ridges.  Ultimately, the water in the area drains to Vembanad backwater, the biggest in Kerala, through a network of brooks and rivulets.  The average rainfall in the area is of the order of 3,500 mm and the maximum relief of the Koorumala ridge is 159 mtrs.

 

 

 

2.         GEOLOGICAL INDICATIONS

 

                        The project area is comprised mostly of Precambrian crystalline rocks, specifically granitic gneiss dominating the formations.  The over burden over the rock formation is at places natural up to a depth of 2 mtrs. and at places filled by the local inhabitants.  The rock formation has got a dip varying from 50⁰ to 70⁰ and have two major trends, NW-SE and N-S.  Many joints are observed, intersecting at varying angles.  Weathered rocks, including laterite is observed on the top of the formations, which act as a porous surface aquifer for storing water during monsoon.  There are surface tanks, both natural and man-made, over the formations, which are used by the inhabitants as a source of drinking water in the monsoon period.

 

 

 

3.         ACTIVITIES PROPOSED UNDER PROJECT

 

 

                        A Company by name M/s. Luxury Sand Kerala Pvt Ltd. has acquired 22 acres of land initially and now the acquisition is gradually spreading to the near by areas, by offering high land value.  The company is proposing to have quarrying activities in an area of 13 acres and 66 cents, targeted at the Northwestern corner portion of the exposed rock sheets.  They propose to form roads of 1:20 gradient and the machinery to be deployed include two nos. of 140 Atlas Compressor, 4 Jack-hammers, 1 Tipper and 1 L&T Excavator, as projected by the Company.  In reality, the equipments to be employed will be much more than this.  For exploding the rocks they propose to use Nitrate mixture / gun powder for high power blasting.  The project includes quarrying, crushing, screening and transporting.  The Company is not very specific about the quantum of quarrying and there is a chance for even sub-surface quarrying, once the hillocks vanish.

 

 

 

4.         THE PRESENT ECOSYSTEM

 

 

                        Over the Koorumala ridges, 35 families have settled and most of them rear cattle, especially goats.  There are numerous natural springs coming out of the rock formations, which dry up in summer.  Perennial springs are available only at the foot of the hillock and hence the hill inhabitants have to come down to the plains to fetch water in summer.  The walking distance is over a km.  The hill is fully covered with flora, both natural and planted.  The area now procured by the Company is mostly rubber plantation or bushy. The soil on top of the hill is highly fertile and the inhabitants have high yielding crops including coconut.  The plains below are proposed to be irrigated by the Muvattupuzha Valley Irrigation Project (MVIP), for which the canal has been already constructed at the foot of the hill.  Not far from the hill, paddy fields are available which also render as a drainage basin for Koorumala.  The plains below are highly cultivated with all common varieties of kharif and rabi crops.  The hill cultivation includes ginger, turmeric and kacholam (Kaempferia galanga), a highly sought after indigenous medicinal species.  Much of the slops of Koorumala are covered by rubber plantations, mostly owned by medium and small-scale cultivators.  The acquired area also has deciduous forest plants of typical midland varieties.  Much of the low-lying area is mainly of paddy cultivation.

                        The fauna in the area includes natural hill varieties and those reared by the inhabitants, both uphill and down hill.

 

5.         THE PEOPLE

 

 

                        The uphill dwellers are mostly daily wage workers in the agricultural sector and construction sector.  They supplement their marginal income by cultivating in the small land holdings around house holds.  The plains below are mostly occupied by middle level farmers with their income supplemented by some earning members in different services.  Most of the hill sides have got rubber plantations owned by these farmers and some of the families fully depend on these land holdings for their livelihood.  The people are in general peace-loving and their opposition to the proposed Company is almost total, since it tells upon their livelihood.

 

 

 

6.         ENVIRONMENTAL IMPACTS

 

a.       Water Pollution

 

The project report of the Company prepared by Mr. S. Mamallan itself admits that the debris generated from the crushing unit may cause serious threat to the water bodies in the area.  Moreover, the MVIP canal is at the foot of the quarrying hill, which may get dumped at the earliest.  The first order stream of Perumpadavam thodu (which later joins Muvattupuzha river) is originating from this hill valley.  If the project is implemented, the entire area will be filled with debris of the Company, transported by the natural water, ultimately reaching Muvattupuzha river, and thus to the Vembanad lake.  In the course of its flow it will fill the paddy fields and the irrigation canal.  Since the hill has got very high slope, preventing the debris from flowing out is practically not possible.  The area is having acute shortage of drinking water and this debris may pollute the entire sources of water, both surface and transmitted.

 

In addition to the above, artificial sand requires washing to the order of 2000 ltrs. per metre cube of sand, which will lead to huge discharge of polluted wash-out water, containing which will be practically impossible in this peculiar terrain.  Moreover, the high concentration of soluble minerals in this wash-water will pollute the natural waters downstream and may cause detrimental effects to the plantations and the paddy fields.  To add, the area is already facing acute shortage of drinking water, which would be worsened by the water requirements, and pollution of the proposed project.  Nearly 120 families depend on the natural spring water originating from this hill and their fate will be detrimental.

           

b.  Land Pollution

                

The debris accumulated in the land will cause a perennial problem since much of the rock formations here have got silt layers in it.  The dumping of this will affect the vegetation in the area and fertility of the land.  Transporting this will cause the spread of this to already cultivated area, which will again be detrimental and an environmental tragedy.

 

 

            c.  Sound Pollution

 

The sound level expected from a crushing unit of this much capacity is above 60 decibels, beyond the permitted level of 55 decibels by the Kerala State Pollution Control Board for such industrial units, 1 metre away from the boundary of the site.  Moreover, being a rural semi forest area, a sound level beyond 40 decibels may be hazardous to the fauna in the area.

 

 

            d.  Far reaching consequences

 

Blasting the hill may lead to irreversible failure of the rock formation, thus telling upon the fate of the inhabitants on the top of the hill.  The acquired area for the project is a vital part of the hill itself and its removal will ultimately result in the collapse of the hill formation and its subsequent vanishing along with the surrounding ecosystem.  Quarrying with explosives will make the area unfit for the local inhabitants.  The economic activities and livelihood of hundreds of families will be jeopardized by the proposed project.  Since most of the inhabitants belong to the vulnerable social groups, this may ultimately result in unemployment and subsequent genocide.

 

 

 

7.         CONCLUSION

 

            Considering the environmental impact and the socio-economic aspects, it is advisable that the authorities concerned prevent the proposed rock crusher and artificial sand manufacturing unit at Koorumala with immediate effect.  The area may be left alone to maintain its serenity and fragile ecosystem.  This area is not supposed to be an industrial area and rather it should be a cultivation area, as it is now.  Any infringement on this ecosystem will be of far reaching consequences to the people and environment.  Every effort may be taken to block the proposed project in this area and shift it to some other less sensitive area.

 

                                                                            Dr. P.R.Sreemahadevan Pillai

 

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