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  • Madhya Pradesh

    1. Overview. 1
    2. Human rights violations by the security forces 2
    3. Violations of international humanitarian laws by the AOGs 3
    4. Violations of the rights of the Dalits 3
    5. Violations of the rights of the indigenous/tribal peoples 4
    6. Violations of the rights of the child. 5
    7. Violations of the prisoners' rights 6
    8. Status of the Internally Displaced Persons 6
    9. Special Focus: Right to health and food. 7


    1. Overview

    Ruled by the Bharatiya Janata Party, the law enforcement personnel in Madhya Pradesh were responsible for serious human rights violation including deprivation of right to life in the indiscriminate use of firearms. According to National Crime Records Bureau (NCRB) of the Government of India, 26 civilians were killed in police firing in the state during 2005.[1]

    The NCRB further stated that 19,748 complaints were received against police personnel of the state during 2005. Of these, only 588 were registered and the rest were declared false/unsubstantiated. 52 cases were reported for regular departmental action and 18 sent for trials/chargesheet. Departemental inquiries were instituted in 5184 cases and magisterial inquiries were instituted in 603 cases. Disciplinary action were initiated against 339 personnel and 30 police personnel were dismissed/removed from service and major punishment were awarded to 66 police personnel and minor punishment to 275 police personnel.[2] One minor identified as Honey alias Aniket (6), son of Rajendra Gupta was killed when the police opened fire at a protesting mob at Banda in Sagar district on 15 March 2005.[3]

    The Dalits continued to face atrocities and discrimination in Madhya Pradesh. According to NCRB, Madhya Pradesh reported the highest crime rate against the Dalits both in 2004 and 2005 which stood at 7.3 and 6.6 respectively. The NCRB recorded 4,356 incidents of crime against Dalits in the state during 2005.[4] On 15 August 2005, a Dalit woman sarpanch (village head) identified as Anita Bai Ahiwar of Patehra village under Damoh district was not allowed by government officials to hoist the national flag in a market place because she belongs to Dalit community.[5]

    The tribals suffered atrocities and were often intimidated to withdraw the cases. On 20 October 2005, a Gond tribal identified as Suraj Singh Gond, the president of the Teacher-Guardian Association of the village school, was allegedly burnt alive by members of an upper caste family at Kataria village under Katni district of Madhya Pradesh for the failure to withdraw the cases filed against the upper caste.[6]

    Madhya Pradesh along with Chhattisgarh had the highest incidence of child marriages. Child marriages were solemnized on mass scale on the occasion of Teej during the months of April-May every year.[7] The State government reportedly saved over 10,000 minor girls from child marriage largely prevalent in the rural parts of the state through various campaigns.[8]

    Prisons conditions remained deplorable in Madhya Pradesh. As of 31 December 2004, there were a total of 28,843 prisoners against the sanctioned capacity of 17,374 prisoners.[9] The women prisoners were reportedly denied the right to wear innerwear and not allowed to lock the toilet door because the authorities believed that these could be used to commit suicide.[10]

    Malnutrition among children was rampant in Madhya Pradesh. According to the latest data collected in July 2005 by State Government sponsored Bal Sanjeevni Abiyaan, about 80,000 children had been suffering from acute malnutrition and were on the verge of death due to government departments' apathy.[11] According to another evaluation report, even though the children were saved, they would go blind due to lack of vitamin A.[12]

    2. Human rights violations by the security forces

    The NHRC registered 2 deaths in police custody and 5 deaths in encounters in Madhya Pradesh during 2004-2005.[13] The National Crime Records Bureau recorded death a person in police custody during 2005.[14]

    On 23 July 2005, an Indore Municipal Corporation employee identified as Vasu, who was picked up by police and detained under the Arms Act, died in police custody allegedly after an epileptic attack. Police claimed that he died on way to hospital.[15]

    Police consistently used torture. In October 2005, Narayan Singh Pal of Bharatpur under Salamatpur in Raisen district, was reportedly beaten up and kicked and punched by head constable Sudhir Kulshrestha, constables Tejsingh and others of the area without reason when he went to Sunder Lal Hotel to take his payment of milk product. The policemen later made an excuse that they had beaten him up in misunderstanding.[16]

    In few cases of custodial deaths the court awarded punishment and ordered arrest of guilty policemen. The Madhya Pradesh High Court on 23 June 2005 ordered arrest of the Superintendent of Police of Lokayukta, Bhopal, Mokham Singh Nayan, Inspector BP Singh and two constables in the custodial death of Deputy Commissioner of Commercial Tax Department, Rishabh Jain who died due to torture at the Lokayukta police office on the night of 15 July 2004.[17] In another order in July 2005, a special court in Shahdol district sentenced five policemen, sub inspector Anand Pratap Singh Parihar, additional Sub-Inspector Nand Kishore Mishra, constables Vijay Pandey, S Mishra and Mohan Singh, to five years of imprisonment and imposed a fine of Rs 500 on each for the custodial death of Suhawan Kewat who was picked up for interrogation in a murder case which took place on 10 December 1997 at Mangthar at Umaria district.[18]

    Several innocent people were killed in indiscriminate use of firearms. According to National Crime Records Bureau, 26 civilians were killed in police firing during 2005.[19]

    On 15 March 2005, six years old Honey alias Aniket, son of Rajendra Gupta, and Pappu Lodhi were reportedly killed when the police opened fire at a protesting mob at Banda in Sagar district.[20] Bal Singh and Ratan were killed when police opened fire at mob at Peepalkhedi village near Soyat in Shajapur district on 28 April 2005.[21]

    Many police personnel were found to be involved in criminal activities. According to a list of tainted police personnel prepared by the Madhya Pradesh police department, Indore district was highest with 24 tainted police personnel. During the period between December 2003 and January 2005, a total of 171 police personnel were reportedly found to be involved in criminal activities.[22]

    3. Violations of international humanitarian laws by the AOGs

    The Maoists continued to deliver kangaroo justices through Jana Adalat (People's Court).

    In early April 2005, the Maoists kidnapped Raishingh Ayatu Lohar from Muriyapara in Narayanapur district on the suspicion of being a police informer. On the first day, the Maoists allegedly tortured him. On the next day, a Jana Adalat was held at Kurusnar village, where the parents of Raisingh were also summoned. The Maoists announced that Raishingh should be punished for his misdeeds.[23]

    4. Violations of the rights of the Dalits

    The Dalits continued to face atrocities and discrimination in Madhya Pradesh. According to National Crime Records Bureau (NCRB) of the Government of India, Madhya Pradesh reported the highest crime rate against the Dalits both in 2004 and 2005 which stood at 7.3 and 6.6 respectively. The conviction rate was only 32.1% during 2005. By the end of 2005, a total of 13,513 cases of atrocities against the Dalits were pending trial in courts while another 230 were pending investigation by the police in the state.[24]

    Many Dalits were deprived of their right to life. On the night of 10 July 2005, three members of a Dalit family identified as Bhagirath, Kachru and Ramchandra were hacked to death by an upper caste Rajput family on alleged charge of stealing a buffalo near Bamankheda village in Ujjain. A compensation of Rs 5 lakh to the victim's family was announced by the district administration.[25]

    On the night of 15 October 2005, Ranjeet Ahirwar, a Dalit was reportedly burnt alive by miscreants identified as Lallu, Pushpendra, Dadula, Anil, Ramnath and Vishramdin in Nokharh village under Singhpur police station in Satna district. The deceased had reportedly gone to a house of one Vishwanath to collect the remaining money of his bicycle when he was accosted by the accused.[26]

    The Dalits were also subjected to inhumane and degrading treatment. In June 2005, a Dalit identified as Kunda Jatav, resident of village Laharra under the Pichore block of Shivpuri district, was severely thrashed, half of his moustache shaved off, face blackened and paraded after being garlanded with shoes on charges of theft by a group of influential people in the village.[27]

    The Dalits women remained extremely vulnerable to abuses by the upper caste. On 24 July 2005, a Dalit woman was beaten to death by a bunch of youths allegedly over a private dispute in Other Backward Caste dominated Chhatarpur district.[28]

    On 27 October 2005, a Dalit woman Sarpanch Kalawati Kori was reportedly beaten up by the deputy Sarpanch, Buddhi Singh in Nayagaon village under Sabhapur police station area in Satna district for refusing to pay 50 per cent of the panchayat fund to him. The victim's husband Babbu Kori was also beaten.[29]

    The Dalits continued to face caste-based discrimination. On 15 August 2005, a Dalit woman sarpanch identified as Anita Bai Ahiwar of Patehra village under Damoh district was not allowed by government officials to hoist the national flag in a market place because she belongs to Dalit community.[30]

    5. Violations of the rights of the indigenous/tribal peoples

    During 2005, Madhya Pradesh reported 28.3 per cent (1,615) of the total cases in the country. A total of 4,640 cases of atrocities against the tribals were pending trial in courts and another 102 cases were pending investigation in the state by the end of 2005. The conviction rate for the crimes against the tribals was as low as 29.6%[31]

    The tribals were intimidated to withdraw the cases. On 20 October 2005, a Gond tribal identified as Suraj Singh Gond, the president of the Teacher-Guardian Association of the village school, was allegedly burnt alive by members of an upper caste family at Kataria village under Katni district of Madhya Pradesh.[32] Suraj Singh Gond had refused to withdraw the complaint of theft of school material against the accused.[33]

    On the night of 9 December 2005, the right hand of a tribal woman Kamlabai was chopped off in an attack at her family by the upper caste men at Nigari village in Raisen district. She had refused to withdraw her complaint of rape against two upper caste villagers Manmod Singh Mehra and Siyaram Raghuvanshi.[34] The police arrested five persons including a school teacher.[35]

    In April 2005, a tribal woman identified as Radhabai was reportedly sold to three men, one of them identified as Laxman Singh of Nandavta, for Rs 20,000 by her own cousin Shantibai at Arolia village in Ujjain district. The woman was held captive for two days during which she was assaulted and raped repeatedly. Police had registered a case under Sections 366, 376 of the Indian Penal Code and 2, 3, 5 sections of the SC/ ST (Prevention of Atrocities) Act .[36]

    Funds meant for tribals were often misused. On 8 September 2005, after reviewing the implementation of the tribal welfare schemes in Madhya Pradesh, Union Minister of Tribal Affairs P.R. Kyndia conveyed his concern to the state government of Madhya Pradesh over the misuse of Central funds for the tribal development, and asked the state government to constitute monitoring committees to oversee the implementation of the schemes.[37]

    The tribals were deprived of jobs. In mid-December 2005, the Madhya Pradesh Government ordered principal secretaries, secretaries, heads of departments and district collectors to ensure filling of the backlog posts of Scheduled Castes/ Scheduled Tribes and other backward classes latest by 31 December 2005. The departments and offices having backlog posts had not advertised these vacancies.[38]

    6. Violations of the rights of the child

    Trafficking of girls and child marriage were rampant in Madhya Pradesh.

    The tribal girls were more vulnerable to trafficking. On 14 March 2005, 15-year-old tribal girl Anita, daughter of Ashok Kumar of Harrai village in Chindwara district was reportedly abducted, sold at Rs 60,000 and finally forcibly married to one Umesh Tyagi, a driver at Agra in Uttar Pradesh.[39]

    On 20 July 2005, a 14-year-old girl of Jethel village reached home after being kidnapped three months earlier by Suresh and Gopal of Ujjain and being sold to two men in Rajasthan. During the period, she was raped and molested when they tried to sell her in three other places.[40]

    Child marriages were common in Madhya Pradesh. The practice is predominantly found amongst the tribals. Child marriages are solemnized on mass scale on the occasion of Teej during the months April-May every year.[41] The state government reportedly succeeded in saving more than 10,000 minor girls from child marriage largely prevalent in the rural parts of the state although a large number of such marriages were solemnized without information of the administration. The State Government had launched a state-wide awareness drive involving Women and Child Development Department, Gramin Vikas and the Home department.[42] The State government had about one lakh anganwadi workers who were specially mobilised to work against child marriages.[43]

    Those who opposed child marriages were physically attacked. On the night of 11 May 2005, Ms Shakuntala Verma, an anganwadi worker, sustained critical injuries and her arm was chopped off with a sword by an unidentified youth at her house in Rajgarh village in Dhar district for reportedly opposing child marriages in the district. The Supreme Court on 13 May 2005 issued notice to the Madhya Pradesh and directed the State Human Rights Commissions to inquire into the incident.[44] The state government assured all possible medical help to the victim and announced an aid of Rs 3 lakh for her treatment.[45]

    7. Violations of the prisoners' rights

    Prisons conditions remained deplorable in Madhya Pradesh. Most of the jails were overcrowded. As of 31 December 2004, there were a total of 28,843 prisoners against the sanctioned capacity of 17,374 prisoners. The under-trial prisoners (15,777) constituted 54.7% of the total prisoners.[46]

    As of December 2005, there were 2,164 women prisoners. The women prisoners were reportedly denied the right to wear innerwears and not allowed to lock the toilet door because the authorities feared that the innerwears could be used to commit suicide![47]

    The prisons lacked proper management and recruitment of new staff were delayed. There was no proper security in the jails. Arms and weapons, drugs and mobile phones were reportedly found in several jails.[48]

    The medical facilities were inadequate. In January 2005, the Madhya Pradesh Human Rights Commission recommended to the state government to direct the Jail Department and the Health and Family Welfare Department to appoint doctors in jails where doctors were posted.[49] The Commission also recommended the state government to provide compensation of Rs 25,000 to the family members of one Shankar Lal, who died of negligence in treatment in Jabalpur Central Jail.[50]

    Torture of the inmates was common. One Bablu Khachru and his brother, Ram Lakhan who were sent to Lahar sub-jail under framed up charges were allegedly subjected to inhuman treatment in the jail. Bablu and his mother Dhanwanti, in an affidavit, accused the Jail Sepoy Shrimant of demanding Rs 32,000 to stop the inhuman treatment. The affidavit alleged that the Jail staffers Meenu, Mulu, Raghuraj and Chhaki also demanded Rs 50,000 for protecting Bablu.[51] The NHRC had registered 49 deaths in judicial custody during 2004-2005.[52]

    8. Status of the Internally Displaced Persons

    A study report released on 8 February 2005 by Indian People's Tribunal on Environment and Human Rights (IPT) alleged violation of human rights and non-compliance in the rehabilitation process of the families affected by the Sardar Sarovar Project in Madhya Pradesh and Gujarat. The IPT concluded that the dam at a height of 110 metre violates the Narmada Water Dispute Tribunal Award of 1979 and the Supreme Court judgement of 2000.[53] The 133-mile-long Sardar Sarovar Project reservoir which stretches through Gujarat, Madhya Pradesh and Maharastra, would drown an estimated 91,000 acres of land and would displace 200,000 people, besides affecting another 200,000. Of these, 56 per cent were Adivasis.[54]

    On 15 March 2005, the Supreme Court ruled that those affected even “temporarily” by the 110 metre high Sardar Sarovar Project (SSP) on the Narmada river were entitled to alternative cultivable land allotment by the states. A three-judge bench comprising Justice Y K Sabharwal, Justice K G Balakrishnan and Justice S B Sinha also ruled that each major son of Project Affected Families (PAFs) are entitled to separate land allotments at alternative sites in addition to the land allotted to the PAF. The court also asked the Grievance Redressal Authority to work out the relief and rehabilitation package for the PAFs.[55]

    On 7 April 2005, at least 65 people reportedly died in Dharaji village near Bhopal, and many went missing from flash floods as waters were released from the Indira Sagar mega-dam on the Narmada River.[56]

    9. Special Focus: Right to health and food

    Malnutrition among children was rampant in Madhya Pradesh. According to the data collected in July 2005 by State Government sponsored Bal Sanjeevni Abiyaan, about 80,000 children had been suffering from acute malnutrition and were on the verge of death due to government departments' apathy. Although the Women and Child Development Department was responsible for eradication of malnutrition, it failed to deal with the problem. The Women and Child Development Department provided porridge to the children upto the age of 6 years, but it proved very ineffective. The under-five mortality rate was as high as 87 per 1,000 live births in the state compared to Kerala's 19 per 1,000 live births.[57]

    The government also refused to recognise the deaths as malnutrition deaths. According to experts, 55.1 per cent were low birth weight babies who were more vulnerable to malnutrition deaths. According to another evaluation report, even though the children were saved, they would go blind due to lack of vitamin A. Although Anganwadi workers identified the malnourished children, they were unable to provide medical treatment due to the absence of the doctors or health workers.[58] In Gurva village under Betul district, eight children had reportedly died of malnutrition between 20 October and 17 November 2005.[59]

    Tribals in Hingua village in Badwani district reportedly had to survive on samai, a wild grass which was usually found around the village pond. The tribals dried the grain from the grass, powdered it and used this to make chappattis to eat. But studies revealed that samai is neither nutritious nor filling. Starvation had been severe not only in Badwani district but also in Tikamgarh and Chatterpur districts, where tribals were forced to eat samai in the absence of foodgrains. But the government falsely stated that samai was the traditional food of the tribals.[60]



    [1]. 2005-Annual Report of National Crime Records Bureau

    [2]. Ibid

    [3]. Police firing in Banda, 2 killed, 20 cops injured, The Central Chronicle, 16 March 2005

    [4]. 2005-Annual Report of National Crime Records Bureau

    [5]. Dalit woman not allowed to hoist national flag, The Times, of India, 17 August 2005

    [6]. Tribal burnt alive in Madhya Pradesh, The Hindu, 21 October 2005

    [7]. Little tribal girls rise up against marriage, The Times of India, 22 April 2005

    [8]. 10000 child marriages prevented, The Central Chronicle, 14 May 2005

    [9]. NHRC's prison population statistics

    [10]. Women robbed of dignity in jail, The Telegraph, 10 December 2005

    [11]. 80,000 children suffer from acute malnutrition in MP, The Central Chronicle, 20 July 2005

    [12]. Ibid

    [13]. 2004-2005 Annual Report of NHRC of India

    [14]. 2005 Annual Report of National Crime Records Bureau

    [15]. Police custody death, The Statesman, 25 July 2005

    [16]. Police beats youth brutally, The Central Chronicle, 11 October 2005

    [17]. SP, others' arrest ordered: Custodial Death, The Hitavada, 25 June 2005

    [18]. 5 policemen jailed for youth's death, The Times of India, 15 July 2005

    [19]. 2005-Annual Report of National Crime Records Bureau

    [20]. Police firing in Banda, 2 killed, 20 cops injured, The Central Chronicle, 16 March 2005

    [21]. Two die in M.P. police firing, The Hindu, 29 April 2005

    [22]. No. of tainted police personnel highest in Indore, The Central Chronicle, 17 March 2005

    [23]. Youth kidnapped by Naxalites, The Hitavada, 15 April 2005

    [24]. 2005-Annual Report of National Crime Records Bureau

    [25]. 3 of Dalit family hacked to death near Ujjain, The Indian Express, 12 July 2005

    [26]. Tense prevails after Dalit murder, The Central Chronicle, 17 October 2005

    [27]. Dalit thrashed, humiliated on theft charges, The Pioneer, 13 June 2005

    [28]. 5 dalits killed in MP over caste disputes, The Asian Age, 27 July 2005

    [29]. Sarpanch, husband attacked, The Pioneer, 29 October 2005

    [30]. Dalit woman not allowed to hoist national flag, The Times, of India, 17 August 2005

    [31]. 2005 Annual Report of National Crime Records Bureau

    [32]. Tribal burnt alive in Madhya Pradesh, The Hindu, 21 October 2005

    [33]. Govt flayed over burning of tribal youth, The Central Chronicle, 25 October 2005

    [34]. Rape victim's hands chopped to silence her, The Pioneer, 10 December 2005

    [35]. Price of Dalit woman's hand: Rs 12,000, The Pioneer, 13 December 2005

    [36]. For Rs 20000, cousin sells tribal woman, The Pioneer, 3 May 2005

    [37]. Tribal schemes: Union Minister unhappy with MP, The Tribune, 10 September 2005

    [38]. Govt extends deadline to fill up SC/ST, OBC vacancies, The Pioneer, 16 December 2005

    [39]. 15-yr-old girl's abduction reveals gender gap, The Asian Age, 14 July 2005

    [40]. Girl sold thrice, The Central Chronicle, 22 July 2005

    [41]. Little tribal girls rise up against marriage, The Times of India, 22 April 2005

    [42]. 10000 child marriages prevented, The Central Chronicle, 14 May 2005

    [43]. Social worker's arms chopped off , The Hindu, 12 May 2005

    [44]. Notice to MP over attack on anganwadi worker, The Asian Age, 14 May 2005

    [45]. Social worker's arms chopped off , The Hindu, 12 May 2005

    [46]. NHRC's prison population statistics

    [47]. Women robbed of dignity in jail, The Telegraph, 10 December 2005

    [48]. Prisoners overcrowd MP jails, The Central Chronicle, 16 November 2005

    [49]. Appoint doctors in all jails: MPHRC, The Central Chronicle, 15 January 2005

    [50]. Compensation for death of jail inmate, The Central Chronicle, 18 January 2005

    [51]. Inquiry demanded in alleged irregularities in Lahar Jail, The Hitavada, 24 April 2005

    [52]. 2004-2005 Annual Report of NHRC of India

    [53]. Violation of human rights in rehabilitation process: Findings, The Pioneer, 9 February 2005

    [54]. Narmada: Where terror and hope collide, The Asian Age, 23 April 2005

    [55]. Narmada dam oustees will be allotted land: SC, The Deccan Herald, 16 March 2005

    [56]. Narmada: Where terror and hope collide, The Asian Age, 23 April 2005

    [57]. 80,000 children suffer from acute malnutrition in MP, The Central Chronicle, 20 July 2005

    [58]. Ibid

    [59]. In MP village, 8 kids die under official eye, The Indian Express, 19 December 2005

    [60]. Truth behind starvation deaths, The Kashmir Times, 11 January 2005

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