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Human rights defender receives threats in Uttar Pradesh

Contributed by Correspondent
Wednesday, 21 May 2008
Last Updated Tuesday, 27 May 2008

Varanasi: Peoples'' Vigilance Committee on Human Rights (PVCHR) convener Dr Lenin is again receiving life
threatening calls over his mobile telephone asking him to stop working for the Dalit communities in Uttar Pradesh. The
Asian Human Rights Commission (AHRC) has been told Dr Lenin received at least 18 telephone calls on his mobile
between 25 April 2008 and 18 May 2008. He was asked to stop working for the Dalit communities particularly in Varanasi
district of Uttar Pradesh.

Dr Lenin is the Convener of the PVCHR, a local non-government human rights organisation working in Varanasi, Uttar
Pradesh. In the past the AHRC has reported similar incidents concerning Dr Lenin and the PVCHR.

On April 26 after the first call Dr Lenin has registered a complaint, sent through registered post, addressed to the Director
General of Police, Lucknow, Uttar Pradesh informing the officer about the call that he received and urging the officer to
take necessary action upon the complaint.

Dr Lenin informs the AHRC that since his first complaint, his telephone number is being monitored by the State
Government agencies. However, he continues to receive abusing calls. Dr Lenin also informs the AHRC that the latest of
the calls is from such a dangerous person operating in Uttar Pradesh that the very fact and knowledge that such persons
are involved in this matter is good enough for anybody in the State to stop all their activities. This implies that the state
police have not taken Dr Lenin's complaint seriously.

Threatening, intimidating, insulting and creating annoyance to persons is a crime punishable in India under the Indian
Penal Code, 1860. Section 503 of the Code reads: "Whoever threatens another with any injury to his person, reputation
or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that
person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that
person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."

Section 506 of the Code prescribes punishment for criminal intimidation which could extend to imprisonment up to a
period of two years or fine or both. However, if the criminal intimidation is to cause death or grievous hurt or to cause
destruction of property by fire, the sentence may extend to a term up to seven years, or with fine or both.

According to an amendment applicable to Uttar Pradesh vide notification number 777/VIII 9-4(2)-87 dated 31 July 1989,
a crime punishable under Section 506 is cognizable and non-bailable. This means that on receipt of a complaint, the
police could arrest the accused without a warrant of arrest issued by a court of law.

Threat and intimidation is not to be taken lightly in Uttar Pradesh. It is one of those states in India where people are
abducted and children kidnapped for settling private and political feuds. In some cases the abducted victims are tortured
or even murdered if the demands of the criminals are not met. As far as the PVCHR is concerned, it is an apolitical local
human rights organisation with limited resources, but with a large work group, including staff and volunteers.

The calls are also a reflection of the PVCHR's success in mobilising and empowering the Dalits in the State. The state
administration unfortunately finds PVCHR's work as a slur or trouble to the state's public image. Due to the hunger alerts
and urgent appeals issued by the AHRC on the behest of the PVCHR the deplorable state of affairs of the state
administration in addressing the immediate needs of the Dalit community like food security, education and has brought to
light the corruption in the public food distribution system in the State that deprives the Dalit community from their
fundamental right to food and also other discriminatory practices by the upper caste practiced against the Dalit
communities in the State.

It is imperative at this juncture that 24 hours police protection to be provided to the Dalit hamlets in Pindra (Musahar
child rescued from acute malnutrition in, Belwa and Raup (Ghasia huts in Raup village, so as to ensure that the Dalit
families in these villages are safe from the criminals who have threatened the PVCHR from working in these villages. It is
also necessary for the state police to immediately discuss these issues with the PVCHR and its staff, to ensure that none
of the staff as well as the people for whom the PVCHR work is hurt by the criminals. The state administration must
immediately take these steps as otherwise irreparable damages will be caused to not only a well functioning human
rights group in Uttar Pradesh and its staff, but also to the Dalits residing in Dalit hamlets in and around Varanasi.

In recognition of the activities of the PVCHR, the Gwangju based human rights group, the May 18 Foundation has
awarded Dr Lenin the Gwangju Price for Human Rights along with Ms Irom Chanu Sharmila of Manipur in 2007.
(Source: mynews.in dated 21 May 2008)

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