Case of Lenin highlighted again in Report submitted by the Special Rapporteur on the situation of human rights

Report submitted by the Special Rapporteur on the situation of human rights
defenders, Margaret Sekaggya
Addendum
Summary of cases transmitted to Governments and replies received

Please see Link:
http://www2.ohchr.org/english/issues/defenders/docs/A.HRC.10.12.Add.1.pdf

Threat and attack on Dr. Lenin Raghuvanshi highlighted at Page 244, Page 245, Page 251 as follows:

India
Urgent appeal
1179. On 13 December 2007, the then Special Representative, together with the Special Rapporteur on the right to food, sent an urgent appeal to the government concerning Dr. Lenin Raghuvanshi and Mr Manoj Kumar. Dr Lenin Raghuvanshi and Mr Manoj Kumar are convener and staff member of the People's Vigilance Committee on Human Rights (PVCHR) in Varanasi, Uttar Pradesh state, respectively. Dr. Lenin Raghuvanshi was the subject of a joint urgent appeal sent by the Special Representative of the Secretary-General on the situation of human rights defenders, together with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on 16 August 2005.

1180. According to information received, on 4 December 2007, from approximately 4.45pm (Indian Standard Time), Dr. Lenin Raghuvanshi reportedly received anonymous threatening phone calls on his mobile phone from callers warning him that he would be shot and killed if the PVCHR continued to report cases of deaths from starvation and malnutrition in the Uttar Pradesh state. The callers also informed him that if the PVCHR continued its activities, staff members were to be charged with fabricated charges and the PVCHR itself forced to close down. There had been national media coverage of the death of a three-year-old boy from starvation on 25 November 2007 that was reported by the PVCHR. Its staff member, Mr. Manoj Kumar, working in the Ambedkarnagar district where the boy lived, has reportedly also been receiving threats.

1181. Concern was expressed for the physical and psychological integrity of Dr. Lenin Raghuvanshi and Mr. Manoj Kumar. Further concern was expressed that the aforementioned threats against Dr. Lenin Raghuvanshi and Mr. Manoj Kumar may be directly related to the human rights activities of the PVCHR, in particular its work to defend the right to food in India.

Letter of allegations

1182. On 14 February 2008, the then Special Representative sent a letter of allegation to the Government concerning Dr Lenin Raghuvanshi and other staff members of the People's Vigilance Committee on Human Rights (PVCHR). Dr Raghuvanshi, in his capacity as Convener of the PVCHR, has focused on the right to food and on victims of death due to starvation. He is also a member of the District Vigilance Committee on Bonded Labour in the State of Uttar Pradesh. Dr Raghvanshi was previously been the subject of a joint urgent appeal sent by the Special Representative, together with the Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on 16 August 2005, and of a joint urgent appeal sent by the Special Representative, together with the Special Rapporteur on the right to food on 13 December 2007.

1183. According to information received, on 23 January 2008, Dr Raghuvanshi reportedly appeared before the Judicial First Class Magistrate Court 1 to present his application for bail, which was accepted as the Court ruled that there was no reason for him to be detained. Furthermore, the Magistrate ruled that the complaint filed against Dr.Raghuvanshi on 9 December 2007 by the village head of Belwa in the Badagaon administrative district, Mr Rajendar Thripathi, for “anti-state activities” could not be registered due to insufficient evidence. Dr Raghuvanshi, along with Ms Anupam Nagavanshi and Ms Shruti Nagavanshi, also staff members of the PVCHR, have been charged with “statements conducive to public mischief”, under Section 505(b) of the Indian Penal Code, 1860. However, the Court reportedly ordered that they are not to be arrested in relation to these charges until further notice. Due to questions regarding the procedure that was followed in this case, the Magistrate has ordered the Phulpur police to produce all documents relevant to this case before 29 January 2008.

1184. As previously noted in the urgent appeal of 13 December 2007, Dr Raghuvanshi and the staff of the PVCHR received several threats between 4 and 6 December 2007. It is alleged that Dr Raghuvanshi was also the subject of intimidation by Mr Rajendar Thripathi and his associates on several occasions.

1211. On 23 May 2008, the Special Rapporteur sent an urgent appeal to the Government concerning Mr Lenin Raghuvanshi, Convener of the People's Vigilance Committee on Human Rights (PVCHR) in Varanasi, State of Uttar Pradesh. Mr Lenin Raghuvanshi has focused his work on the right to food and on victims of death due to starvation and he is also a member of the District Vigilance Committee on Bonded Labour.
1212. Mr Lenin Raghuvanshi was previously the subject of a letter of allegation sent by the former Special Representative of the Secretary-General on the situation of human rights defenders on 14 February 2008, as well as of a joint urgent appeal sent by the former Special Representative, together with the Special Rapporteur on contemporary forms of racism, racial discrimination and xenophobia and related intolerance and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, on 16 August 2005, and of a joint urgent appeal sent by the former Special Representative, together with the Special Rapporteur on the right to food on 13 December 2007. The Special Rapporteur on the situation of human rights defenders regrets that no reply to date to any of the three communications has been received and as such, would greatly appreciate a response from Your Excellency’s Government as soon as possible.
1213. According to information received, on 26 April 2008, Mr Lenin Raghuvanshi began to receive abusive and threatening phone calls, which warned him to end the PVCHR’s work in the district of Varanasi. On 18 May, he received a phone call, thought to be from a powerful member of a criminal group in Uttar Pradesh, which threatened that if the PVCHR did not stop working for the Musahar community, a Dalit group subject to caste-based discrimination, men hired by upper caste feudal lords would raze Musahar ghettos and villages in Varanasi. The caller also questioned Mr Lenin Raghuvanshi about the funding of the PVCHR, in what is believed to be a warning to the PVCHR to pay protection money to local mafias.
1214. Concern was expressed that the threats and intimidation directed against Mr Lenin Raghuvanshi may be directly linked to his work and that of the PVCHR in defense of human rights, in particular the rights of Dalit communities in the State of Uttar Pradesh.
In view of these threats, serious concern was expressed for the physical and psychological integrity of Mr Lenin Raghuvanshi and the members of the PVCHR.

Response from the Government

1215. In a letter dated 28 January 2009, the Government responded to the urgent appeal of 23 May 2008. The allegations contained in the communication were examined by the Government, which informed that a complaint was lodged in Thana Cant, Varanasi, following which a chargesheet was sent to the court on 21 July 2008 against accused Bulbul Singh alias Uday Narayan Singh. In the meantime, necessary instructions were issued to the local police station to provide adequate security to Dr Lenin.