The National Human Rights Commission (NHRC) has taken up the case of intimidation of, and police high-handedness on, the members of the Krishak Mukti Sangram Samiti (KMSS) and other organisations for their protest against the on-going construction of the lower Subansiri Hydroelectric Power (LSHP) project in Lakhimpur district of Assam. Acting on a complaint filed by the Barak Human Rights Protection Committee (BHRPC) the NHRC has a registered a case on the matter assigning case number 198/3/12/2012.
The BHRPC said in the complaint that the KMSS is a peoples’ organisation working for the realisation of democratic and constitutional rights of the people and for protection of the interest of the peasants in the state and claimed that the organisation and its members come within the ambit of the term human rights defender as understood in the United Nations Declaration on Human Rights Defenders as well as NHRC Declaration on HRDs.
It was alleged that on May 11 2012, a team of police personnel attacked KMSS activists who were demonstrating peacefully at Ghagar in Lakhimpur district, and unleashed “inhuman atrocities” on them while at the time of filing the complaint 27 activists were also kept in detention and their makeshift camp at Ghagar in Lakhimpur district was dismantled by police and the Central Reserve Police Force (CRPF).
It was also alleged that Lakhimpur district administration deployed around 300 special police officers to prevent activists from staging any protest which is, according to the BHRPC, a serious matter and in clear violations of the Supreme Court ruling in the Nandini Sundar and Others Vs. Union of India and Others.
The BHRPC urged the commission to take appropriate actions including 1. ensuring unconditional and immediate release of the members of the KMSS and other organisation who have been detained in connection with the protest against construction of the LSHP; 2. ensuring that the authorities and police allow the activists to stage peaceful protest against the construction including their stay in makeshift camps as the right to protest is a part of the right to freedom of expression; 3. ensuring initiation of legal actions against those members of both the state police force and the central reserve police force who will be found guilty by a prompt and objective investigation into the allegations of high-handedness against the activists; 4. recommending adequate reparation to the human rights defenders for physical and mental agony as well as financial loss caused due to police high-handedness; 5. ensuring security and safety of the human rights defenders and their families in Assam so as they can work in defence of human rights without fear of any reprisal; and 6. any other actions that is deemed appropriate to the Commission in the matter.