Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 306, Marzo 1997

Caso núm. 1854 (India) - Fecha de presentación de la queja:: 02-OCT-95 - Cerrado

Allegation: Murder of a trade unionist

1. 462. In a communication of 2 October 1995, the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) presented a complaint of infringements of trade union rights against the Government of India, on behalf of its affiliate, the Hind Khet Mazdoor Panchayat. It submitted additional information in a communication of 14 November 1995.
2. 463. The Government supplied its observations on the case in a communication dated 30 January 1997.
3. 464. India has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 465. In its communication of 2 October 1995, the IUF indicates that its complaint relates to the assassination of Ms. Ahilya Devi, a trade unionist, on 23 August 1995.
2. 466. More specifically, the IUF explains that Ms. Ahilya Devi was a member of its affiliate, the Hind Khet Mazdoor Panchayat, and worked especially on women's and landless labourers' rights. In late 1993, while working on a land redistribution programme, she was attacked by armed thugs but managed to survive, although with severe injuries. In response to this attempt on her life, the police initially refused to file charges against the prime suspect, Mr. Narsingh Singh, who was said to enjoy the patronage of local police and politicians. The IUF states that it protested even at that time to the federal Government as well as to the state Government of Bihar. Unfortunately, this was not enough as Ms. Ahilya Devi was assassinated two years later on 23 August 1995, which is evidence that both the federal Government and state Government of Bihar failed to protect fully and adequately the right of union activists to fulfil their tasks in a safe environment.
3. 467. Furthermore, the IUF contends that prior to her death, local police refused prompt medical treatment to the seriously wounded Ms. Devi, leaving her to bleed for two and a half hours in the police station while ignoring her repeated requests to record her statement. She finally succumbed to her injuries in hospital. Following mass protests on 17 September 1995, two men were taken into custody and were reported to have "immediately confessed" to their guilt, thus putting a halt to a wider investigation. Finally the IUF points out that Ms. Devi's assassination was the third political murder of social and political rural activists to take place in the same district of Bihar state within a two-year period. In the IUF's view, the above information suggests, at a minimum, that local authorities have consistently failed to provide adequate safeguards for rural trade unionists working in a climate of pervasive violence.

B. The Government's reply

1. 468. In its communication dated 30 January 1997, the Government states that Ms. Ahilya Devi's murder has been thoroughly investigated by the state Government of Bihar. Detailed investigations were carried out by the most senior police officer at the district level in Kishangunj district. The facts brought out by the investigation are as follows.
2. 469. Ms. Devi lived in the Galgalia area of Kishangunj district where she came in contact with Mr. Narsingh Singh, a notorious smuggler in the region. She started living in the house owned by Mr. Narsingh Singh. Approximately three years ago Ms. Devi started taking interest in political activities and probably at this point in time she became a member of the Hind Khet Mazdoor Panchayat. About two and a half years ago, Ms. Devi developed differences with Mr. Narsingh Singh and began opposing him.
3. 470. In December 1993, certain persons injured Ms. Devi in connection with a land dispute. The incident was registered at the police station. In the first information report (FIR) lodged by Ms. Devi, she had named Satyanarayan Jha, Dev Narayan Rai, Dukhi Sahni, Shanti Devi, Kabri Devi and Narsingh Singh for the crime. The charges against these persons were investigated by the police and a charge sheet under appropriate sections of the Indian Penal Code, was filed in the court against five of the six accused persons. The charges against Mr. Narsingh Singh were investigated by the police but were not substantiated during the investigation. The case against the above-mentioned accused persons is pending trial in court.
4. 471. The Government points out that after the above incident, until 23 August 1995, no incident was reported between Ms. Devi and Mr. Narsingh Singh. According to family members of Ms. Devi, on the morning of 23 August 1995 she had gone to a village situated in the adjoining state of West Bengal in connection with a land dispute. On the same evening, while she was returning home, some persons attacked her and escaped. After being injured in the attack, a third party transported her on his cart to the residence of the sub-inspector in charge of the police station. Ms. Devi did not respond to the efforts of the police officer to ascertain the facts of the case. He therefore sent for her family members staying close by. Even upon inquiries by the family members, Ms. Devi was unable to say anything that could throw light on the facts of the case. The police officer took her to Thakurganj Hospital located 15 km away in a private bus. Ms. Devi's husband accompanied her to the hospital where she passed away while she was being treated. She was unable to give any statement before her death.
5. 472. Based on the statement of Ms. Devi's husband, a case was registered by the police. In this case, the husband of the deceased named six persons, namely Narsingh Singh, Shravan Giri, Bhrigunath Gupta, Ratan Ghosh and two unnamed persons. In the preliminary investigation, charges against Shravan Giri were established but no substantive evidence was found against the other persons. Mr. Giri was accordingly arrested by the Galgalia police authorities in Ludhiana in the State of Punjab, which is more than 1,000 km away. He confessed to the charges and disclosed that Mr. Tapan Kumar Chaki and Mr. Dinesh Mandal were present at the time of the murder of Ms. Devi. He indicated that smuggling- related enmity was the motive behind the murder. Mr. Tapan Kumar Chaki was arrested by the police and he too confessed to the crime. Formal charge sheets against Shravan Giri and Tapan Kumar Chaki have been filed in court. Mr. Dinesh Mandal, another accused, is still at large and proceedings for confiscation of his property have been initiated. Furthermore, the supervisory officers have ordered the arrest of Narsingh Singh, Bhrigunath Gupta and Ratan Ghosh, who were named in the complaint lodged by the Ms. Devi's husband.
6. 473. According to the Government it can be seen from the facts reported above that Ms. Devi's unfortunate murder had nothing whatsoever to do with her political or trade union activities. The murder, as confessed to by one of the accused, was the outcome of Ms. Devi's involvement in smuggling activities on the Indo-Nepal border. The Government concludes that this is a simple case of murder arising out of the victim's own criminal activities which is being addressed to in accordance with the national laws.

C. The Committee's conclusions

1. 474. The Committee observes that the allegation in the present case concerns the murder of Ms. Ahilya Devi, a trade unionist who used to organize rural labourers in the State of Bihar, on 23 August 1995 following a previous attempt on her life in 1993. According to the complainant, she was murdered because of her trade union and political activities. While acknowledging that Ms. Devi became a member three years ago of the Hind Khet Mazdoor Panchayat, an affiliate of the complainant, the Government maintains, on the basis of the investigation undertaken by it that Ms. Devi was murdered on account of her long-standing activities related to smuggling which had led to antagonism with other persons also involved in smuggling.
2. 475. The Committee notes the Government's statement that formal charge sheets have been filed in court against Messrs. Shravan Giri and Tapan Kumar Chaki who were arrested by the police soon after Ms. Devi's death and who confessed to her murder. In order for it to have all the elements of this case at its disposal, the Committee requests the Government to keep it informed of the outcome of the proceedings under way against these two men and to provide copies in an ILO working language of the judgements to be handed down. The Committee further notes from the Government's reply that Mr. Dinesh Mandal, also implicated in Ms. Devi's murder, is still at large and proceedings for the confiscation of his property have been initiated. The Government indicates moreover that senior police officers have ordered the arrest of Messrs. Narsingh Singh, Bhrigunath Gupta and Ratan Ghosh, who were named in the complaint lodged by Ms. Devi's husband. The Committee requests the Government to keep it informed of developments regarding the arrest of these four men.

The Committee's recommendations

1. 476. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Noting that formal charge sheets have been filed in court against Messrs. Shravan Giri and Tapan Kumar Chaki who confessed to the murder of Ms. Ahilya Devi, a trade unionist who used to organize rural labourers in the State of Bihar, the Committee requests the Government to keep it informed of the outcome of the proceedings under way against these two men and to provide copies in an ILO working language of the judgements to be handed down. It further requests the Government to keep it informed of developments regarding the arrest of Messrs. Dinesh Mandal, Narsingh Singh, Bhrigunath Gupta and Ratan Ghosh, who have also been implicated in the murder of Ms. Ahilya Devi.