Memorandum to the President of India against ABVP attack on Bamcef in Rohtak!

Memorandum

To,

Honorable President of India,

New Delhi

Subject: Seeking a Magisterial inquiry into the incident dated 15th August 2015, wherein the ABVP Hooligans had attacked BAMCEF Workers and Vandalized its 20th Haryana State Convention of BAMCEF organized at MDU, Rohtak, Haryana

Through: District Magistrate, ………..(Name of your district)

Respected Sir / Madam,

Commemorating Babasaheb Dr. B.R. Ambedkar's 125th Birth anniversary year, the Haryana State Unit of BAMCEF had  scheduled to organize  its 20th State Convention at Dr. Ambedkar Hall, Maharshi Dayanad University (MDU), Rohtak  between 15th-16th August 2015 (Copy of the pamphlet enclosed as Annexure I). The venue for the said program was booked well in advance following all the rules and regulations of the University. On 2nd July 2015 after paying the requisite fee (Rs.6000/- vide Receipt No.51633 issued by the University) and the University had granted the permission for the function (Copy enclosed as Annexure II). However on 14th August 2015 (a day before the Convention) the Vice-Chancellor and Registrar of MDU Mr. Sudhir Rajpal and Dr.Satpal Vats had called the organizers of the BAMCEF State Convention and informed them about a complaint made by the ABVP in the university against BAMCEF convention alleging that BAMCEF is an anti-national organization and going to conduct religious conversions in the aforesaid program. Other student Association – AMVA also sent SMS to various corners including Vice-Chancellor and Registrar of the University stating that BAMCEF will create the situation of religious riots. The Vice-Chancellor sought for an undertaking from the Organizers that they will not do any activity that may instigate communal conflict on the campus. Accordingly an undertaking was give to the University authorities by Mr. Satish Mehra (Vice-President of Haryana State Unit of BAMCEF) vide letter dated 14.08.2015 (copy enclosed as Annexure III). It was also learnt from the university administration that ABVP has declared in the news papers that it is going to stop BAMCEF from holding the convention at the aforesaid venue. As the University administration has taken an undertaking and had assured the local organizers (State unit of the BAMCEF) to go ahead with the function. With this assurance, the BAMCEF state organizers were hopeful to convene the scheduled program in a peaceful manner expecting full protection and cooperation from the University as well as local administration.  

However on the inaugural day (i.e. 15th August 2015) of the program when BAMCEF workers were busy in decoration and other preparatory arrangements at the venue (Dr. Ambedkar Hall), ABVP hooligans came in a group with shouting slogans against BAMCEF and created the tense atmosphere. The ABVP and AMVA hooligans were so fearless that in the presence of policemen they locked the convention hall with lock and keys, which the ABVP hooligans had brought with them and they confined our (BAMCEF) workers in the Hall. The State organizer of the convention requested ABVP hooligans that if they have anything to say they should obtain order from the University authorities. However, they were so adamant that they were continuously abusing the organizers and the social reformers of the marginalized communities for awakening the Mulnivasi Bahujans. In such eventuality, the organizers had to seek the help of the Registrar of the University (Dr. Satpal Vats) and requested him to remove ABVP hooligans from the premises so that BAMCEF organizers can organize the convention as per the schedule after making preparation. But, he failed to instruct the police to remove the ABVP hooligans from the premises and the social activists of the BAMCEF remained confined in the Hall which was locked by ABVP hooligans from outside. The organizers had no option but to call the police with the request to remove ABVP hooligans from the premises as they were having valid permission in the hand. Although police men came to the scene they remained mute spectators and said that they cannot interfere as it is the matter between university and them. They will interfere only if the law and order situation is created as if locking Hall illegally and confining BAMCEF workers in the hall did not amount to Law and Order situation. The University Registrar although was available at the site, he was not willing to give instructions to the police to remove ABVP protestors from the site. This shows  that the Registrar of the University was hand in gloves with the ABVP hooligans.

The BAMCEF activists were in panic as many of their friends  who were making preparation for the convention/ function, were confined inside the convention Hall. But the repeated requests of BAMCEF activists fell on the deaf ears of Haryana Police and ABVP hooligans as well as  the concerned authorities of the University. In the mean time the BAMCEF activists moved towards entrance of the hall to request for the key from the ABVP hooligans and instead dispelling miscreants of ABVP, the police resorted to lathi-charge on the BAMCEF workers including Mrs. Shanti Chopra and Dr. Kaushal Pawar (the women social activists) even though no Law and Order situation was created.  And no woman police/ official was there on the spot, the men folk of the police manhandled and lathicharged the women activists of the BAMCEF as well as other activists, who were  making preparation for the scheduled functions. When enquired with Mrs. Chopra, she said that some policemen were not having their BATON in their hand but the LATHIS were provided by the ABVP hooligans. It shows police was also playing hand in gloves with ABVP hooligans.  By this time more Haryana Police and their commandos arrived apprehending that the situation may go out of control.

In this selective lathi-charge by the partisan Haryana police more than at least 25 BAMCEF activists were injured out of them 10 persons were hospitalized for emergency medical help. The partisan nature of Haryana police came to fore again when the Office of the Rohtak Superintendent of Police, refused to entertain any complaint of the victims.

During the confrontation, the ABVP hooligans have repeatedly warned the BAMCEF activists that they will not allow BAMCEF to organize any program in the Haryana State. Further, they threatened the BAMCEF activists with dire consequences if they try to organize any such program in future.   

It is pertinent to mention here that Article 19 of the Constitution of India may  kindly be referred  as under which secures a fundamental right to citizens of India, to convene such meetings and social awakenings as under :-

"19. Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business"

It is worthwhile to note that it is a kind of discrimination and our constitution seeks to abolish the practice of untouchability and discrimination based on caste basis and seeks to make an egalitarian society.   Article 17 read with Article 14 of the Indian Constitution mandates  to have  an egalitarian society free from  social untouchability and numerous discriminations and other social disabilities prevailing in the society. It reads as under:-  

"17. Abolition of Untouchability:- Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law."

Further, Article 19 of the Universal Declaration on Human Rights, 1948 states as under, which declares it as a universal human right and values of mankind. It reads as under:-

"Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

It is further stated that Article 19 of the International covenant on Civil and Political rights (ICCPR), 1966 reads as under:-

"Article 19

"1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order or of public health or morals."

The substantive fundamental rights as contained under the Constitution of India and other various international treaty, covenants  guarantee a fundamental right to hold opinion, organize such peaceful events which seeks to further the constitutional objectives of social engineering and cohesion seeking to establish an egalitarian society, based on the premise of equality and social justice as contained in the preamble of the Constitution of India and held by the Hon'ble Supreme Court of India in its numerous decisions. The duty is casts on the 'State' and its instrumentalities particularly 'executive' (in the present case on Police, University Administration and Local Administration)  to protect and safeguard the fundamental rights as enshrined in the Constitution of India. As it is amply clear  from the facts and circumstances narrated above , that there has been an abdication of duty and deliberate omission on the part of University Administration and Local Police officials who have been a mute spectator   in the entire scene while the fundamental rights of social activists of BAMCEF were violated at the behest of some unseen hands and in furtherance of  hidden ill motive. In the present case, the violators of the fundamental rights were protected by the local administration and running scot free while the Police Officials have lathicharged on the women social activists of the BAMCEF in flagrant violations of guidelines laid down by the Hon'ble Supreme Court of India.   

In the  facts and circumstances narrated above,  we demand that a Magisterial Inquiry be conducted in the matter  for finding out the facts  that the actions of officials are in  violations of the human rights and contrary to the fundamental rights which are provided  as protection and guaranteed against the 'State' as  fundamental freedoms under the Constitution of India to organize such meetings i.e.  to organize State Convention for propagating the ideals of the great social liberator Dr. B. R.  Ambedkar . The investigation be conducted against the followings:-

1. Mr. Sudhir Rajpal, Vice-Chancellor of MDU who cancelled the permission to organize the State Convention on the basis of false reports.   

2. Dr. Satpal Vats, University Registrar who did not instruct the police to remove ABVP & AMVA hooligans although permission was given by the University to BAMCEF.  His complicity with ABVP is beyond doubt.

3. The police administration/ Suptd. Of Police, Rohtak who remain mute spectator at the site although he was well aware that the Hall was illegally  locked by the ABVP hooligans and confined BAMCEF workers in the hall.

4. The policeman who resorted to lathi-charge on Mrs. Chopra and other activists although there was no Law and order situation created by BAMCEF activists.

5. ABVP who confined BAMCEF workers in Dr. Ambedkar Hall facing mental harassment and fear to life.

6. The violation of human rights of  BAMCEF workers including attack on organizing a meeting and freedom of expression.

7. Any other matter incidental to the facts and circumstances narrated as above and justice be provided to the BAMCEF organization.

And we also demand that the compensation to the tune of Rs. One Crore as compensation towards the damages be provided to the BAMCEF.

Thanking you,

Yours Faithfully,

(Signature )…………….

Name :……………………

President,

BAMCEF (Rohtak*) District Unit

*Your respective district name

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