NHRC deputes its DG (Investigation) as a Special Human Rights Observer to conduct an on the spot survey of West Bengal, in consultation with the State Election Commission, to identify sensitive constituencies prone to violence in the upcoming...

NHRC deputes its DG (Investigation) as a Special Human Rights Observer to conduct an on the spot survey of West Bengal, in consultation with the State Election Commission, to identify sensitive constituencies prone to violence in the upcoming panchayat polls; also issues notices to the MHA, State Government and SEC seeking reports on human rights protection measures taken during the elections

11th June, 2023, New Delhi

The National Human Rights Commission, NHRC, India has taken suo-motu cognizance of a media report about the incidents of carious elections related violence in West Bengal where people from political parties have been targeted. According to the media report, in Purba Medinipur district, a 60 years old political activist, booth president, was allegedly abducted and killed. The family members of the deceased have reportedly alleged that 34 local activists of the opposite political group are responsible for the murder. Another activist, Sanjay Tanti was also reportedly forcefully taken to an undisclosed location where he was severely beaten up by the rival political workers and in another incident, a political leader, Rajendra Shaw from Asansol (Paschim Bardhaman) was shot dead on a National Highway. Reportedly , there have been many other incidents of violence occurring in the State wherein workers of the contesting parties have clashed with each other and the 2018 rural elections are considered one of the most violent and bloody elections in the State of West Bengal.

Consideration this as a serious issue impacting human rights, the Commission has found it appropriate and necessary to take preemptive steps in time to prevent and inhibit in advance any form of human rights violation of the citizens with a view to uphold inalienable and indefeasible right to life and livelihood, so guaranteed under Article 21 of the Constitution to preserve larger public interest. In fact, the Supreme Court in NHRC Vs state of Arunachal Pradesh (1996 vol. 1 SCC 742) inter alia, observed that no state government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its constitutional as well as statutory obligations.

Accordingly, It has decided to depute the Director General (Investigation) of the Commission, as Special Human Rights Observer, to apprise first hand information of recent incidents and to conduct an on the spot survey of the State of West Bengal in consultation with the State Election Commission, SEC to identify the sensitive constituencies where such violence is likely to occur relating to panchayat polls. Once the sensitive areas are identified, DG (Investigation) to submit a comprehensive report to the Commission for deployment of Micro Human Rights Observers in all the sensitive constituencies in the state during and after the panchayat polls either by engaging the Special Rapporteurs or Special Monitors of the Commission etc., with a solo objective to protect basic human rights of the people by ensuring no violence takes place in Panchayat Election in the State of West Bengal. DG (Investigation) of the Commission to submit the report at the earliest considering the impending panchayat polls in West Bengal.

Apart from the direction above, the Commission also issued notices to the Chief Secretary and the Director General of Police, West Bengal to provide assistance to Director General of NHRC and also ensure that the law and order is maintained within the State during the entire process of Panchayat polls starting from filing nomination papers till the time result is declared and also subsequent days. An action taken report is also to be submitted within two weeks.

A further notice also be issued to the Secretary, West Bengal State Election Commission for taking effective steps so as to ensure no human rights violations pre and post panchayat polls which includes modalities to facilitate the NHRC Director General (Investigation) in identifying sensitive districts/areas of the State in West Bengal where there may the need to deploy micro human rights observers of the Commission and an action taken report to be submitted within two weeks.

Notice is also issued to the Secretary, Ministry of Home Affairs, Government of India, New Delhi to inform measures proposed by it to prevent any kind of human rights violations within the State of West Bengal during and after the Panchayat Elections and action taken report is expected within two weeks.

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