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'Law of Ruler' in West Bengal, not 'Rule of Law'; people do not have faith on government: NHRC

Loss of faith in state administration among victims is very evident, the NHRC underlined in its report to the Calcutta High Court on political violence after the assembly election verdict came out.

NHRC report to Calcutta High Court on political violence in West Bengal highlights-VPN
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Kolkata, First Published Jul 15, 2021, 3:21 PM IST

The National Human Rights Commission, which submitted its final report on Bengal post-poll violence to the Calcutta high court, yesterday has said that the violent incidents in the state reflect the appalling apathy of the state government towards the plight of victims.

The report underlined how the retributive violence by supporters of the ruling party (Trinamool Congress) against supporters of the main opposition party resulted in disruption of life and livelihood of thousands of people and their economic strangulation. 

The NHRC accused the local police of being grossly derelict, if not complicit, in the political violence.

Stating that the violence and intimidation have continued till date, the rights body said that there is palpable fear among victims against the police and 'goons of the ruling party'. 

Many displaced persons have not yet been able to return to their homes and resume their normal life and livelihood, the report said, adding that there have been several sexual offences, but victims are wary of speaking out. 

Loss of faith in state administration among victims is very evident, the NHRC underlined, adding that the situation in the state is a manifestation of 'Law of Ruler', instead of 'Rule of Law'.

Another important observation that the NHRC made was that neither senior officials nor political leaders condemned the violence, visited the spots, assuaged the victims or did anything substantive to ameliorate the problems. 

People were left on their own to protect against the violation of their human and fundamental rights, including the right to life, liberty, dignified living and health. The spate of violence shows a pernicious politico-bureaucratic-criminal nexus. Moreover, this violence also attacked some pillars of democracy, including the rule of law, political pluralism and free, fair and secure polling.

It also noted the committee's work was severely affected by this prevalent fear among victims. It precluded many victims from mentioning their plight or the name of the perpetrators of crime or abettors. Moreover, victims are afraid that, once the NHRC team leaves, they would again be targeted and victimized.

The NHRC has recommended that grievous offences like murder, rape, etc., should be handed over to CBI for investigation and that these cases should be tried outside the state. The other cases should be investigated by a court-monitored Special Investigation Team. 

For adjudication, the NHRC has called for the setting up of fast track courts, special Public Prosecutors and witness protection schemes. 

The rights body also recommended ex-gratia payment, compensation for damages, measures for reinstatement and rehabilitation, static pickets of CAPF, protection to women, action against delinquent Government servants, among others.

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