ITANAGAR, 25 May: A complaint has been lodged with the Arunachal Pradesh State Human Rights Commission (APSHRC) against the Assam Police over the alleged custodial torture on anti-drug activist Gumin Mize.
The complainant, Kani Nada Maling, a women and child rights activist, also urged the commission to conduct a thorough and impartial inquiry into the incident.
In her complaint letter to the APSHRC chairperson, Maling stated that Mize, president of the Arunachal Pradesh Anti-Drug Warriors, was allegedly tortured while in custody of the Bihpuria police station in Lakhimpur district of Assam.
Maling stated that the incident came to light through widely circulated social media posts depicting what appeared to be graphic and inhuman treatment of Mize at the police station.
“Custodial torture constitutes a grave and flagrant violation of the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. It also constitutes an abuse of public authority and a violation of human rights norms enshrined in both domestic law and international conventions to which India is a signatory,” the letter read.
The Supreme Court of India has, in a series of decisions, including DK Basu vs State of West Bengal (1997) 1 SCC 416, categorically held that custodial torture is impermissible in law, and that those found responsible must be subjected to strict action, Maling, also a former chairperson of the Arunachal Pradesh Women’s Welfare Society, said.
“The court also held that the state is vicariously liable for the torturous acts of its officials while on duty,”she said.
“It is particularly disquieting that the victim is a recognised social activist working tirelessly to combat the menace of drug abuse, a crisis that gravely affects the youths of Arunachal Pradesh and the entire Northeast region,” Maling said.
“Any act of state violence against such activists not only silences the individual but also sends a chilling message that deters others from participating in public interest causes. Such conduct is wholly unacceptable and must be condemned in the strongest terms,” Maling wrote in her complaint letter.
The complainant urged the commission to take up the matter with the National Human Rights Commission and the Assam Human Rights Commission for coordinated action, given that the incident occurred within the territorial jurisdiction of Assam.
She urged the APSHRC chairperson to recommend appropriate disciplinary and criminal action, including termination of service, against all police personnel found to have participated in, ordered, or connived at the alleged torture of Mize.
Maling also sought recommendation for just and adequate compensation to Mize for the alleged violation of his fundamental rights, and any further directions the commission deems fit and proper.
“Swift and decisive action by the commission is imperative, both to deliver justice to the victim and to affirm the principle that no person, regardless of the circumstances of their arrest, may be subjected to torture or inhuman treatment at the hands of the state,” Maling wrote.
