Analysis

Farmers’ Unions Write to United Nations Human Rights Council, Seek Protection from Illegal Detention

Manya Saini

In a move to seek protection and security from detention and arrests, farmers' unions have written to the United Nations Human Rights Council (UNHRC). The five-page plea further details the extent of their plight due to the suspension of internet services in the protest sites. The government has magnified its crackdown on the farmers since Republic Day. A report by MANYA SAINI. 

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PROTESTING farmers led by their legal cell have written to the United Nations Human Rights Council's (UNHRC) India head seeking protection from arrests and "illegal detention." It has claimed that the governments' decision to suspend internet services at the border areas is a violation of freedom of speech and press.

Since the violent clash between police personnel and farmers during the Republic Day tractor rally, 127 people have been identified and arrested by the authorities. As many as 44 FIRs have been registered in connection to the tractor rally uproar. Information regarding their detention and any subsequent bail remain obscure despite repeated appeals by farmers' unions.

Internet was suspended at the protest sites in Singhu, Tikri and Ghazipur in the aftermath of the violence. The government has defended the move as necessary in a bid to "maintain public safety and for averting public emergency."

Currently, approximately 160 lawyers have formed a collective under the banner, "Advocates for Farmers", to find, aid and assist arrested farmers in 11 teams with their bail applications. Tents have been set-up in prominent protest sites for families to find their missing members. The team is led by Advocates Ajit Pal Singh Mander and Hakam Singh. 

Missing Farmers

The requests spelt out in the letter include medical check-up for those in detention, information of family members, identification of the interrogation officers and a memo of arrests. The unions have alleged that the police had arrested the farmers "unreasonably and inappropriately" from the protest site, amounting to a violation of their human rights.

Currently, approximately 160 lawyers have formed a collective under the banner, "Advocates for Farmers", to find, aid and assist arrested farmers in 11 teams with their bail applications. Tents have been set-up in prominent protest sites for families to find their missing members. The team is led by Advocates Ajit Pal Singh Mander and Hakam Singh.

In the letter to the UNHRC, the group noted that the Supreme Court in Anuradha Bhasin vs Union of India judgment had declared that using the internet was a basic human right. It further pointed out that in 2019, Kerala High Court had also declared that access to the internet was a fundamental right in response to a plea filed by Faheema Shirin.

The group has sought the intervention of the UNHRC and asked the body to issue guidelines for the state to ensure the security of protesting farmers. The letter has been formulated on behalf of farmers' unions by Vasu Kukreja, Ravneet Kaur and Jaswanthi Anbuselvam.

Baljeet, the missing farmers' cousin and petitioner had stated in his writ petition that negligence and lack of assistance from the police lead him to believe that his brother has been illegally detained. He further alleged that all attempts to file an official complaint and FIR have been resisted by the authorities. 

Yesterday, the Delhi High Court ordered the police to search for Baljinder, a 27-year-old man, who has been missing since January 26. Baljeet, the missing farmers' cousin and petitioner had stated in his writ petition that negligence and lack of assistance from the police lead him to believe that his brother has been illegally detained. He further alleged that all attempts to file an official complaint and FIR have been resisted by the authorities.

According to a report by Scroll, at least 21 farmers are missing, and their whereabouts have been unknown since the clash. It also added that their families were in touch with the legal teams of the farmers' unions in the hopes of finding them.

On February 5, the UN Human Rights agency led by High Commissioner Michelle Bachelet had called on the Indian government on social media micro-blogging website, Twitter to exercise "maximum restraint" as it dealt with the ongoing farmers' protests. It had also commented that the right to peaceful assembly and expression of dissent must be protected. The Centre and External Affairs Ministry did not respond to the statement.

(Manya Saini is a student at the Symbiosis Institute of Media and Communication, Pune, and an intern with The Leaflet.)