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February 05, 2016

HRD Alert - India - Urgent Appeal for Action – Delhi: Brutal beating and ill treatment of the students and women protestors in Delhi by Delhi Police/denying their rights to freedom of peaceful assembly and association to register their protest before the headquarters of Rashtriya Swayamsevak Sangh (RSS), a right wing Hindu nationalist organisation in Delhi



  February 05, 2016

Dear Colleagues,
Greetings! 

Human Rights Defenders Alert - India has issued urgent appeal to the National Human Rights Commission, and its Focal point of Human Rights Defenders, Lieutenant Governor of Delhi, Chief Minister of Delhi, Chief Secretary of Delhi, Commissioner of Police, Delhi, on our grave concern over the brutal beating of the protesters mainly students and women protestors in Delhi by the Delhi police who were peacefully protesting before the headquarters of Rashtriya Swayamsevak Sangh (RSS), in New Delhi on 30 January, 2016. In the police action unarmed students and woman were dragged and “brutally beaten together by the Delhi police and unidentified goons allegedly members of RSS.
We request you to address solidarity appeals to the authorities in your organisational / individual capacities immediately. If you choose to use a model appeal that we have created, please feel free to do the same. It is appended – use after filling the portions in red. Beneath the model appeal are the addresses of the authorities. Please send copies of your urgent appeals to  hrda.india@gmail.com, hrda.ict@gmail.com,hrda.scc@gmail.com

Thanks and Regards
Secretariat - HRDA India

o o o

Human Rights Defenders Alert - India
National Coordination Office
6, Vallabai Road, Chokkikulam, Madurai 625 002.
Tamil Nadu, INDIA
Tel: +91-9994368540 Email: hrda.india@gmail.com

3 February, 2015

To,

Shri A. K. Parashar,
National Focal Point - Human Rights Defenders & Joint Registrar National Human Rights Commission,
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023 Email: hrd-nhrc@nic.in

Dear Sir,

Sub: HRD Alert - India - Urgent Appeal for Action – Delhi: Brutal beating and ill treatment of the students and women protestors in Delhi by Delhi police/ denying their rights to freedom of peaceful assembly and association to register their protest before the headquarters of Rashtriya Swayamsevak Sangh (RSS), a right wing Hindu nationalist organisation in Delhi – Regarding

Greetings from Human Rights Defenders Alert - India!

HRD Alert - India is a forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns.

We are writing to express our grave concern over the brutal beating of the protesters mainly students and women protestors in Delhi by the Delhi police who were peacefully protesting before the headquarters of Rashtriya Swayamsevak Sangh (RSS), in New
Delhi on 30 January, 2016. In the police action unarmed students and woman were dragged and “brutally beaten together by the Delhi police and unidentified goons allegedly members of RSS.

Status of Human Rights Defender:

The defenders are young students including women students from All India Students Association (AISA), the student wing of the CPI-ML, All India Students Federation (AISF), the student wing of the CPI and other students from various colleges and universities of Delhi.

Source of Information on the Incident:

Regional Coordinator of HRDA for North of India Media Reports

Date of incident:
January 30, 2016

Place of incident:
Near Keshav Kunj, headquarters of RSS in Jhandewalan in central Delhi

The Perpetrators:
Delhi Police
Unknown persons allegedly members of RSS

Details of the Incident
According to sources on 30 January, 2016, the Joint Action Committee for Social Justice, a student group representing the protestors in Hyderabad including students from
universities and colleges across Delhi organized a protest march to the headquarters of Rashtriya Swayamsevak Sangh (RSS), the ideological mentor of the ruling Bhartiya Janata Party (BJP) in Jhandewalan, Delhi. The call for protest was given by the All India Students Association (AISA), the student wing of the CPI-ML, among others, including the All India Students Federation (AISF), the student wing of the CPI. The students’ groups were purportedly protesting for justice for Rohith Vemula of the Ambedkar Students Association (ASA), a Dalit research scholar at Hyderabad University whose suicide last month triggered anger and protests among students and HRDA has already appealed to the NHRC to investigate the matter. The students were demanding punishment to those who led the harassment and victimisation at the behest of the RSS- BJP which led to the death of Rohith. The students were demanding action against Hyderabad Central University Vice Chancellor Mr. Appa Rao and Union Ministers Mr. Bandaru Dattatreya and Ms. Smriti Irani.

The protesters had gathered outside the RSS office at Keshav Kunj, Jhandewalan in central Delhi with placards demanding justice for Rohith.The protesting students were trying to march towards the RSS office; the police blocked all roads leading to Keshav Kunj. Protesting students were stopped by several officers of Delhi police. The police filmed the students on their cameras, “for the record” and took down the names of the organisations protesting. Almost every student who had come there to protest was being slapped, kicked and pounded with police lathis. The police was soon joined by members of public (alleged RSS workers), who too began to assault the student and they were reportedly standing with the police on the other side of the barricades. The police didn't even try to prevent these "civilians" from thrashing other people. Even the media persons covering the event were not spared. Two journalists, who have alleged that they were beaten up and their cameras smashed while covering the protest, claimed that the police action was “unprovoked”.

Following the protest, videos surfaced showing personnel of the Delhi police beating up students, including girls, in a brutal manner. Videos shot on January 30 shows the police hovering around the placard-waving and chanting students before suddenly beating them with wooden sticks and their fists. In the short video clip, a constable is seen dragging a female protester by her hair and pushing her down. Though female police constables were around, they just sat back and watched.

Appeal:
We, therefore urge you to immediately take necessary steps and :

  • Orders an immediate, thorough, transparent, effective and impartial investigation into the above-mentioned incident of brutal beating of student human rights defenders;
  • Takes immediate legal action on the perpetrators in this case personnel of Delhi police and unidentified persons allegedly members of RSS for the brutal assault and denial of the right to assemble and associate freely to all the student human rights defenders who participated in the peaceful assembly and protest;
  • Ensures provision of reparation, compensation, apology to each of the defenders for the physical and psychological sufferings they underwent because of the use of brutal force and ill - treatment and provide a re-assurance of not engaging in such acts against student HRDs;
  • Puts an end to all acts of harassment against all human rights defenders in general in Delhi to ensure that in all circumstances they carry out their activities without any hindrances;
  • Take steps to ensure the provisions contained in the Code of Conduct for Police In India under Sec 4 which says, ‘In securing the observance of law or in maintaining order, the police should as far as practicable, use the methods of persuasion, advice and warning. When the application of force becomes inevitable, only the irreducible minimum of force required in the circumstances should be used.’ The provisions should also be ensured in conformity with Art 4 and 5 of the UN Basic Principles on the use of force and firearms.
  • Take steps to ensure the provisions contained in the Human Rights Council resolution 15/21 adopted in October 2010 which reaffirms that everyone has the rights to freedom of peaceful assembly and of association free of restrictions that is subject only to the limitations permitted by international law, in particular international human rights law;
  • Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
- Article 1, which states that “everyone has the right, individually and in
association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels;
- Article 12.2, which provides that “"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”;

  • Recommend urgently and speedily during the pendency of this complaint, the SHRC in Delhi to also take necessary steps to establish a focal point for HRDs in Delhi in order to ensure that HRDs in Delhi have a new protection mechanism for them;
  • Recommend urgently and speedily during the pendency of this complaint, the NHRC to convene a meeting of all state human rights institutions in the state [the SHRC, the SCW, the SCPCR, the SCM, the SIC, State Commissioner for PWDs, etc.] to ensure that a coordinated strategy is developed within the State of Delhi for the protection of the rights of human rights defenders;
  • Recommend urgently and speedily during the pendency of this complaint, the Government of Delhi in collaboration with the NHRC Focal Point on HRDs to provide sensitization training to law enforcement and security forces on the role and activities of human rights defenders as a matter of priority, with technical advice and assistance from relevant United Nations entities, NGOs and other partners;
  • Recommend urgently and speedily during the pendency of this complaint, the Governments of Delhi and Union of India, to publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who, “individually and in association with others, ... promote[s] and ... strive[s] for the protection and realization of human rights and fundamental freedoms at the national and international levels” (Art.1 of the Declaration on Human Rights Defenders);
  • More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by India is strictly adhered to in Delhi.

Looking forward to your immediate action in this regard,

Yours sincerely,

(Henri Tiphagne)
Honorary National Working Secretary