West Bengal panchayat polls: NHRC notice to Centre, state govt, SEC

The NHRC on Sunday sent notices to the Centre, the West Bengal government and the state election commission, seeking reports on "human rights protection measures" taken for the upcoming panchayat elections.

The NHRC in a statement also said it has deputed its director general(investigation) as a special human rights observer to conduct an on-spot survey of West Bengal, in consultation with the state election commission (SEC), to identify "sensitive constituencies" prone to violence in the upcoming polls.

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The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report about the incidents of various election-related violence in West Bengal where people from political parties have been targeted. According to the media report, in Purba Medinipur district, a 60-year-old political activist, booth president, was allegedly abducted and killed, the statement said.

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 allegedly 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, it said.

Reportedly, there have been many other incidents of violence occurring in the state wherein workers of the contesting parties have allegedly 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, the rights panel said.

So, the NHRC has issued notices to the Ministry of Home Affairs, the state government and SEC, seeking reports on "human rights protection measures" taken for the upcoming panchayat elections, it said.

Considering 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 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, the statement said.

In fact, the Supreme Court in NHRC Vs state of Arunachal Pradesh (1996 vol. 1 SCC 742) inter alia, had 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, it added.

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-spot survey" of the state of West Bengal in consultation with the SEC to identify the sensitive constituencies where such violence is likely to occur relating to panchayat polls, the statement said.

Once the sensitive areas are identified, DG (investigation) is 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 the panchayat elections, it said.

DG (investigation) of the Commission is to submit the report at the earliest considering the impending panchayat polls in West Bengal, officials said.

Apart from the directions above, the Commission has also issued notices to the chief secretary and the director general of police, West Bengal to provide assistance to the NHRC and also ensure that the law and order is maintained within the state during the entire process of panchayat polls, starting from filing of nomination papers to the time the result is declared and also subsequent days, the statement said.

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 before and after panchayat polls which include modalities to facilitate the NHRC's DG (investigation) in identifying sensitive districts, areas of the state 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, it said.

A notice is also issued to the secretary, Union Ministry of Home Affairs 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, the rights panel said.