*Nandigram:State Sponsored Mayhem*

*By Nilanju Dutta *

17 October, 2007
*Combat 
Law<http://www.combatlaw.org/information.php?article_id=1001&issue_id=36>
*


*F*ar removed from Kolkata's hubbub, Nandigram always belonged to the rural
backwaters of West Bengal. It needed appendages like East Midnapur district
or Haldia Development Authority to be spotted on state's map. Yet all of a
sudden it lost its anonymity when it became the centre of peasants'
resistance against an attempt by the government to acquire their
agricultural land for setting up a Special Economic Zone (SEZ). The SEZ
controversy started when the West Bengal government decided to set up a
chemical hub under the SEZ policy at Nandigram. It led to brutal repression
by armed police and CPM cadre who resorted to firing, assault and rape.
Villagers narrated what they went through before a people's tribunal on
Nandigram that called the violence a 'preplanned, state-sponsored massacre'
carried out 'to teach a lesson' to people resisting acquisition of their
land for the SEZ project.

On January 7, at around 3 am, the villagers of Nandigram woke up to the
sounds of bombs and gunfire coming from the house of a CPM activist. At
least five persons were killed in the encounter. In retaliation, the
villagers set fire to the CPM camp at Baratole in Khejuri as well as to the
house of the CPM activist, Shankar Samanta, who was burnt to death in the
incident. The ironical part, though, was that the police and the
administrative officials were nowhere on the scene when this violence was
taking place and confined themselves to the Nandigram Police Station. In
total contrast to this on March 14, 2007 there were thousands of unarmed
Nandigram folk- mostly women and children-gathered in the early hours of
morning near the Bangabhera bridge to peacefully block any attempts by the
state forces to invade their villages. Ranged against them was an about
2,000-strong police contingent along with several hundred armed cadre of the
CPM -- some of them allegedly dressed in ill-fitting police uniforms.
Without any warning the police began lobbing teargas shells. This blinded
the crowd and created panic and commotion. Soon the police and the goons
began firing. The violence continued for the next an-hour-and-a-half
approsimately. Many complaints of horrific and deliberate violence resorted
to by the police were made by the residents before the tribunal in this
incident.

The report People's Tribunal on Nandigram brought out by All India Citizens'
Initiative is replete with testimonies given by villagers of inhuman and
brutal vendetta unleashed by the police, state administration and ruling CPM
cadre. The report begins with an introduction giving in details of where and
when the Tribunal took place and as to what were the responses of the state
authorities. Then it goes on to give a brief summary on the backdrop of
Nandigram that led to the violence of March 14, 2007 brutally demolishing
the past, present and the future of the victims. The impact of the incident
on women and children along with the list of dead, missing and injured
persons are categorically brought out in the report. Reading it gives a
first hand picture of the actual occurrence of the carnage and its
aftermath. The details given show that the slaughter caused by the police
firing on the retreating villagers, mainly women and children, was
pre-planned. The individual testimonies by the victims show that there was
lack of trust or faith in the police or, indeed, in the system since it
would tantamount to seeking help from the perpetrators who had tortured
them.

Going by the summary one comes to know that the medical help provided to the
victims was simply shocking. Victims of rape were not examined for sexual
assault and nothing was recorded medically. From the various depositions of
the victims, the picture becomes clear that the minimum facilities required
in a hospital were missing, no separate facilities for men and women existed
and that operations were done under torchlight in the village hospital. Even
the medical reports were tampered and several discrepancies came up through
the testimonies of the victims. The victims were forcibly discharged with
bullets still lodged in their bodies. Therefore, it is quite obvious that
there was a link between the police and the district medical and other
authorities, all of whom apparently were covering up the true nature, cause,
extent and gravity of violence.

The remarkable section of the report, though, is the Findings and
Recommendations, the report has within it various observations which are
made on the basis of factual evidence along with the numerous depositions of
the victims before the tribunal and these recommendations are aimed at
relevant state authorities to take up immediate action, particularly in the
context of the worsening humanitarian situation on the relief and medical
front. The report also goes on to suggest the necessary recommendations that
the Tribunal had come up with. A thorough reading of the recommendations
shows that they are in fact sensitive and insightful. Efforts have been made
for police reforms as well as for the 'establishment of human rights courts
to provide justice in the cases of human rights violation that arises from
conflicts between state and the people or amongst different political
group.' It also suggests, "there should be an immediate end to the economic
and physical blockade of the people of Nandigram by the armed CPM men active
in the surrounding areas have been preventing the flow of essential supplies
as well as safe movement of people in and out of the area."

The report in every possible way highlights the pain, agony, helplessness
and the courage of the poor as well as the total lack of respect and
profound apathy with which the authorities treat the poor and the helpless
of our country

Because most of the victims of this massacre were women who were sexually
assaulted and molested and suffered in the most cruel, degrading and inhuman
manner, the report also recommended, "the judiciary should consider setting
up a special bench, headed by a woman judge, to hear all the cases of rape,
molestation and violence against women of Nandigram by both police personnel
and armed cadre of the CPM." Along with it the report also emphasises on the
appointment of a 'monitoring committee' so as to ensure that there is no
repetition of the violence of March 14 suffered by defenceless villagers of
Nandigram.

The report in every possible way highlights the pain, agony, helplessness
and the courage of the poor as well as the total lack of respect and
profound apathy with which the authorities treat the poor and the helpless
of our country. No rehabilitation measures have been made available to the
victims who suffered such brutal atrocities that fear has been besetting
them and loss of hope in future is common among them. There has been
deliberate negligence on the part of the administration in not attending to
the victims and providing them immediate medical assistance, and relief as
per the universal guidelines. The poor seems to be the only ones who are
expected to show discipline. The report is noteworthy in the sense that it
reflects the voice of the marginalised people who are otherwise neglected
and left to face sub-human conditions. Such report gives a little glint of
hope as it shows that there are people who want to make the difference and
contribute to the struggles of individuals by asking for quick justice,
transparency and fair play.

The author is a lawyer, HRLN, Delhi

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