NHRC’s report on Bengal’s post-poll violence
Politics
Introduction
A committee of the National Human Rights Commission (NHRC) probing allegations of post-poll violence in West Bengal submitted five sets of reports in sealed covers before the Calcutta High Court on July 15. A five-judge bench had directed the NHRC to probe allegations of the post-poll violence on June 18.
What happened exactly?
In the April-May Assembly elections held in West Bengal, the incumbent Trinamool Congress (TMC) came to power for the third time. The violence allegedly broke out in the capital, hours after this was announced. Bharatiya Janata Party (BJP), hoping to take over control from the incumbents in the state this time, blamed the violence on the party in power.
The Calcutta High Court has said that the West Bengal government has failed to properly investigate these alleged clashes.
Enquiry Committee’s composition
The Enquiry Committee (EC) had a total of seven members, three from the NHRC, and a member each from:
the National Commission for Minorities
National Commission for Women
West Bengal State Human Rights Commission
West Bengal State Legal Services Authority
Enquiry Committee’s task
The EC received around 1,934 complaints about over 15,000 victims from various sources. To investigate all these complaints, the committee visited 311 spots across the state in 20 days before compiling the report. 1,086 have already been given bail, resulting in only 2.88% of the accused being arrested. About 97% of the accused roam around, free. This task was not easy as one team of the committee, which went to Jadavpur, was attacked by goons on June 29.
What did the report say?
EC termed the situation as a manifestation of the "Law of Ruler", instead of the "Rule of Law". It said that the government machinery was being used to further the ruling party’s objectives as their supporters used violence against the opposition parties. It warned that if the worrisome trend was not checked, the "disease" may spread to other states also.
The local police seemed to be grossly ignorant, if not complicit. People have been displaced from their homes and victims left too scared to report sexual and other crimes. The panel also stated that any substantive condemnation or support towards the victims was not visible from any of the senior officers or political leaders.
It is indeed ironical that in the land of Rabindranath Tagore, 'Where the mind is without fear and the head is held high; where the world has not been broken up into fragments by narrow domestic walls', thousands of its citizens have been subjected to murder, rape, displacement and intimidation, etc. in the last couple of months," the committee noted in the strongly-worded 50-page report.
People were left helpless protecting their own civil rights, as the committee held responsible "a pernicious politico-bureaucratic-criminal nexus" for the violence.
EC’s recommendations
Rape, murder: The panel suggested that the accused be handed over to CBI for investigation and the cases be tried outside the state.
Arson, vandalism, looting: These cases should be probed by a court-monitored SIT. Trials should be conducted in fast-track courts with the provision of protection to the witnesses.
The panel also suggested ex-gratia payment, compensation for damage to property, rehabilitation of the victims, protection to women, static pickets of central forces and action against delinquent government servants.
State Government's reaction
When HC directed NHRC to constitute the committee and probe the violence, the West Bengal government moved the high court, seeking a recall of the order directing NHRC to probe the cases. However, the government's appeal was dismissed by the high court.
CM Mamta Banerjee cried foul after the Committee submitted the report. She said that the EC did not consult the state government or consider its views. She also accused the central government of using impartial agencies to settle political scores and malign the state.
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