The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in India.
According to the information received, on June 19, 2010, Mr. Venkatesan, Periyakuppam’s President of the “Panchayat”, a local government assembly, threatened to kill and attempted to hit Ms. K. Saraswathy and her two daughters. In front fellow village members, Mr. Venkatesan, approached Ms. Saraswathy, near her home in Periyakuppam when she was visiting her two daughters. He threatened to beat her to death and attempted to hit her and her two daughters, loudly stating that he would stab them, even in front of several police officers that were present at the scene.
This new incident is part of an ongoing campaign of threats and defamation against Ms. Saraswathy, a well known community leader and activist in her district, that dates back to 2007, when she had refused to give part of an NGO fund that she managed to Mr. Venkatesan. At the time, Ms. Saraswathy had been contacted by the NGO Kalaichelvi Karnalaiya to coordinate and lead 17 women’s self help groups in Periyakuppam as a volunteer after the December 2004 tsunami. Her main task was to help fishermen tsunami victims secure loans from NGOs and Government resources for their daily livelihood. On January 10, 2007, one of the self groups managed by Ms. Saraswathy was given Rs. 50.000 that were transferred to a bank account managed by her. The then new “Panchayat” President, Mr. Venketasan, approached Ms. Saraswathy and asked her for part of the funds, which she refused as the money was exclusively reserved to support the livelihood of needy fishermen. It was reported that Mr. Venkatesan used his position to instigate relatives and friends to file complaints against Ms. Saraswathy for having stolen funds from the self groups. Subsequently, the police filed First Information Report (FIR)[1] No. 119/2009 against her under Sections 406 (“criminal breach of trust”) and 420 (“cheating and dishonestly inducing delivery of property”) of the Criminal Code and did not conduct a preliminary inquiry. She pled and was granted anticipatory bail. Anticipatory bail does not imply, however that the charges have not been dropped and a hearing could be announced at any time.
Moreover, on October 14, 2009 a kangaroo court[2] was held in which Mr. Venkatesan and other village elders told Ms. Saraswathy to admit that she had taken money from the self-help groups’ fund. They also threatened to take her to the Periyakuppan women’s police station if she did not confess. During the kangaroo court session, which lasted for three hours, Ms. Saraswathy was forced to stand in the blazing morning sun and was denied water. The village leaders who took part in the kangaroo court even threatened to take action against anyone who dared to give her water. Under these conditions Ms. Saraswathy became dizzy and dehydrated before fainting. She was finally banned from the village. Since then, Ms. Saraswathy has been wandering around seeking protection in relatives’ home for the past eight months and she has been unable to support her family. She returned on June 18, 2010 despite the ongoing threat of the kangaroo court.
Ms .Saraswathy, who is beneficiary of a protection order from the Chennai High Court[3] since April 12, 2010, has unsuccessfully lodged complaints with the police regarding these incidents. The local police reportedly informed her that they were unable to help her and took no further action.
The Observatory condemns the assault, death threats and acts of harassment against Ms. Saraswathy and her family, which seem to merely aim at sanctioning her human rights activities, and urges the Indian authorities to guarantee in all circumstances her physical and psychological.
Actions requested:
Please write to the authorities of India, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Ms Saraswathy and her family;
ii. Order a thorough and impartial investigation into the above-mentioned events, in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply to them the penal sanctions provided by the law;
iii. Put an end to any acts of harassment - including at the judicial level - against Ms. Saraswathy, her family and more generally against all human rights defenders in India so that they are able to carry out their work without hindrances;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its Article 1, which provides that “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”, as well as with Article 12.2 (“the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”);
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India.
Addresses:
· Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857 E-mal: pmosb@pmo.nic.in
· Dr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979. hm@nic.in
· Justice Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in
· Justice K. G. Balkrishnan, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
· Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
· Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869
Please also write to the diplomatic representations of India in your respective countries.
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