Skip to main content

NHRC to inquire into murder of Rajesh Sondharva, son of murdered RTI activist

Rajesh Sondharva
By Venkatesh Nayak*
Readers may remember recent news reports of the alleged murder of 19-year old Rajesh @ Raju Sondharva a resident of Manekwada village in Rajkot district of Gujarat. Rajesh who belongs to the Dalit community was fighting for justice in a criminal case involving the murder of his father, the Late Nanjibhai Meghabhai Sondharva. In March 2018, Nanjibhai was allegedly murdered for exposing corruption in the construction of a road in his village through his RTI interventions.
The National Human Rights Commission (NHRC) has recently registered my complaint pressing for a thorough inquiry into the murder of Rajesh Sondharva. Last year, based on my complaint, the NHRC had sought reports of action taken by the Rajkot Police to investigate the circumstances leading to Nanjibhai’s murder. However the NHRC closed its inquiry into my complaint after the murder case was committed for trial.
According to media reports, Rajesh was attacked because he was trying to draw the attention of the trial court to the fact that one of the murder accused had violated the conditions of the bail granted to him. The latter was roaming around freely despite being barred from entering Rajkot district by the court.
Although Rajesh was not an RTI activist himself, this is the 14th instance of murder in Gujarat with an RTI connection. Since October 2005, media reports have linked at least 13 murders to citizens’ RTI interventions aimed at exposing corruption and wrong doing in the administration- the second highest after Maharashtra (17 alleged murders, so far).
The country-wide tally now stands at 83 reported cases of alleged murder and at least 165 cases of assault, 180 cases of harassment or threats- all targetting RTI users and activists. At least six cases of death by suicide have also been linked to RTI-activism of the victims. Click here for The Hall of Shame where we map and document instances of attacks on RTI users.

Rajesh Sondharva’s alleged murder is a glaring instance of impunity

In a country whose national motto is “satyameva jayate” (truth alone shall triumph), engraved at the foot of the national emblem, minted on every coin and printed on every currency note, the corrupt and the wicked who seek to silence the voice of people like the Sondharvas are increasingly triumphant.
Not only does the rule law fail the whistleblowing citizen again and again, the indifference of public functionaries mandated to deliver on this constitutional promise, makes seeking justice a nightmarish experience for the victim’s family.
Soon after Nanjibhai Sondharva was allegedly clubbed to death, in March 2018, for using RTI to expose corruption in a road construction project in his village, I submitted an online complaint to the NHRC seeking its urgent interventio. By virtue of his anti-corruption activities, Nanjibhai was a Human Rights Defender (HRD) in UN parlance.
The NHRC has a Focal Point to receive and inquire into complaints of attacks on or threats to HRDs. The mere act of NHRC seeking reports of the Government’s response into such cases makes a difference in the police investigation of such cases. Not only are the culprits sent to trial, the identity of conspirators is also unearthed in some cases.
Nanjibhai Sondharva
However, as a matter of policy, the NHRC closes its inquiry into such complaints after the case is committed to a trial court. This is when the wheels of justice start going downhill as it happened in the case of Rajesh Sondharva. With the local police not doing enough to monitor and report to the trial court instances of violation of bail conditions by the accused, alleged murderers have a free run threatening and attacking the victim’s family.
Instead of ensuring foolproof protection for Rajesh Sondharva who was fighting for justice, the indifference of the criminal justice system resulted in his life being snuffed out. The absence of independent organisations like the NHRC, as observers at the trial proceedings, creates such an atmosphere of impunity. This is the crux of my latest complaint to the NHRC.

Rajkot Police refuses to upload the FIR on its website

Even more disturbing is the refusal of the Rajkot police to publicise a copy of the FIR relating to the alleged murder of Rajesh Sondharva. Uploading FIRs on the Police’s websites is a mandatory requirement as per the directions of the Hon’ble Supreme Court of India in the matter of Youth Bar Association of India vs Union of India & Ors.,[Writ Petition (Crl.) No. 68 of 2016, order dated 07 September, 2016].
The barely legible copy of the FIR attached to my complaint to the NHRC was sourced from human rights advocates based in Gujarat. The Rajkot Police has refused to put a copy of this FIR on the website claiming that it is a sensitive matter.
In the Youth Bar Asson. case the Hon’ble Supreme Court made an exception to the rule of proactive disclosure only for FIRs relating to sexual offences, offences under POCSO Act or those relating to terrorism or insurgency. The murder case of Rajesh Sondharva does not fit into any of these categories.

Bureaucratic bungling at the NHRC adds to the problem

In 2015, I had filed another complaint with the NHRC about the alleged murder of RTI activist Ratan Sinh Chaudhary at Garamdi village in Banaskantha district of Gujarat. Here too, the NHRC sought reports from the State Government about action taken by the police to investigate the murder. This complaint was also closed after the murder case was committed for trial.
The NHRC issued a direction to the Government of Gujarat “to ensure freedom of expression of RTI activists and HRDs and give them necessary protection as per law” . However, the bureaucracy at the NHRC sent this recommendation only to the Head of the District Police, Banaskantha.
Soon after receiving a copy of this direction, I reminded the then HRD Focal Point on the telephone that such a direction must be addressed to the Secretary, Home Department and the Director General of Police, who are competent to implement the direction across the State. I did not receive any further intimation of action taken by the NHRC on this request. Now two more lives are lost in Gujarat. This could have been prevented through swift and resolute action by all concerned.

Will the Whistleblowers Protection Act ever see the light of day?

Parliament enacted the Whistleblowers Protection Act (WBP Act)more than five years ago, in February 2014. While the Lokpal Act, 2013 has barely come into force with the appointment of the full team, the WBP Act has not seen the light of day. Instead the Government pushed through the 16th Lok Sabha, a series of retrograde amendments that would have effectively discouraged any potential whistleblower from exposing corruption and wrong doing.
The proposed amendments barred inquiry into complaints if they were covered by any of the exemptions listed in Section 8(1) of The Right to Information Act, 2005 – imported lock stock and barrel into the WBP Act. Thankfully, that Bill has lapsed with the constitution of the 17th Lok Sabha.
Will the Government implement the WBP Act as it stands, without any retrograde amendments? Instead this law must now include strong measures of protection for RTI activists, anti-corruption crusaders and human rights defenders who seek to clean up the corrupt and unjust system that tramples on the human rights of the most marginalised and disadvantaged segments of society.

*Programme Head, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

Global Ambedkarites in deep shock over killing of Buddhist Ambedkarite youth in Nanded

Joint  Ambedkar International Mission and Ambedkar Association of North America statement on killing of an Ambedkarite Buddhist youth for celebrating Dr Ambedkar Jayanti (birth anniversary) in his village on 1st June 2023 in Bondhar Haveli village, Nanded, Maharashtra: *** Every single public event hosted by any social or political organization in Maharashtra is not completed without citing Dr. Babasaheb Ambedkar and yet an Ambedkarite Buddhist youth, Akshay Bhalerao was brutally murdered for celebrating Dr Ambedkar Jayanti in the village Bondhar, Nanded, Maharashtra by dominant caste goons. Caste Atrocities are common in such villages where the Scheduled Castes and Buddhists are daily humiliated, mocked, or abused with caste slurs and women subjected to sexual violence. 

How this top Maoist leader couldn't extricate completely from the Left adventurist line

By Harsh Thakor  On the 31st of May Katakam Sudarshan, known as Comrade Anand, breathed his last, at the age of 69. Anand was a member of the Politburo of the Central Committee of the Communist Party of India (Maoists) and an important leader of the revolutionary movement of India.

Discussion on making school education meaningful to vulnerable communities

ActionAid note on workshop to boost National Curriculum Framework operations: *** Leading educationists and activists striving to make education meaningful to vulnerable communities gathered in Delhi to discuss the National Curriculum Framework for School Education (NCFSE). Acting in response to the call of the NCF Steering Committee appointed by the Ministry of Education, Government of India, ActionAid Association had organised the meeting to gather feedback on the draft NCFSE. This is part of ActionAid Association’s commitment to promote inclusive and gender-responsive education. The two-day national workshop titled ‘NCF Perspectives: Seeking Feedback on National Curriculum Framework (NCF)’ on May 30 and 31, 2023, was held at India International Centre, New Delhi. The workshop aimed to ensure a structured approach to gathering feedback from key stakeholders and enhancing their active participation in shaping the response sought by the Government of India. Stakeholders representing e

Abrogation of Art 370: Increasing alienation, relentless repression, simmering conflict

One year after the abrogation by the Central Government of Art. 370 in Kashmir, what is the situation in the Valley. Have the promises of peace, normalcy and development been realised? What is the current status in the Valley? Here is a detailed note by the People’s Union for Civil Liberties , “Jammu & Kashmir: One Year after Abrogation of Art. 370: Increasing Alienation, Relentless Repression, Simmering Conflict”:

Release of dabang neta: Rule of law can't be allowed to be slave to political rhetoric

By Vidya Bhushan Rawat*  When we look to politicians for solutions and politics as the 'final solution' for every evil then we are disappointed most of the time. In politics, we knowingly or unknowingly become part of the propaganda tool of the ruling elite which exists everywhere across different castes. We often provide issues and talk about them in binaries which suit our elites. The minorities among the marginalised who have no political space and representation rarely get heard by these majoritarian parties whose agenda remain power communities. Every political party in today's time is following the 'successful' formula of 'democracy' which is keeping the 'powerful' 'jaatis' with them leaving aside the marginalised one. The BJP started this but yes they cobbled together all other communities too through a diverse narrative.

J&K RTI activist denied opportunity to address audience, bring forward critical issues

Statement by Er. Irfan Banka, Founder of J&K RTI Foundation and convener of the Nalae Ferozpora Bachav Movement, regarding the incident of official misconduct during the My Town My Pride Jan Abhiyan Program and communication to Raj Bhavan: *** Er. Irfan Banka, a prominent RTI Activist and advocate, has come forward to address an incident of misconduct that occurred during the My Town My Pride Jan Abhiyan Program held at Mugam Town Hall in  Budgam. Additionally, Er. Irfan Banka has communicated the matter to Raj Bhavan, seeking appropriate action. During the event, Er. Irfan Banka was denied the opportunity to address the audience and bring forward critical issues concerning the people and services in the community, including waste management, traffic management, and the achievement of sustainable development goals. The incident involved the Additional Registrar Co-operative Kashmir, who not only prevented Er. Irfan Banka from speaking but also subjected him to public humiliation. E

Why are 17 Indian cos, including Sterlite, blacklisted by Norway bank

By Venkatesh Nayak* Readers may recall the gory incidents that took place at Thoothukudi (Tuticorin) in Tamil Nadu in the southern part of India on 22 May, 2018. Thirteen protesters died on the spot when the police opened fire to disperse an assemblage of thousands of local residents and representatives of civil society groups. They were protesting against the adverse environmental impact of the industrial operations of Sterlite Copper which runs a copper smelter plant in the area. Accusations against the company have ranged from polluting local water resources to plans for expanding the installed capacity of the plant without the necessary environmental clearances. A ground report published in The Wire recently, mentions the decision taken by Norges Bank a few years ago to not invest funds from Norway’s Government Pension Fund Global (GPFG) in Sterlite “due to an unacceptable risk of complicity in current and future severe environmental damage and systematic human rights violations

Sengol imbroglio suggests reason why Modi, BJP don't respect modern Indian history

By Vidya Bhushan Rawat*  The new parliament building opened on February 28. It looks it is not the Parliament but part of #Pratinidhisabhas ' started by earstwhile #princelystates in India. The #BJP for long has been acting as if India is a #Kingdom and Modi ji the new #King of India. Even at the coronations of Kings, you find a large number of people, and dignitaries but look at the opening ceremony we have only one face as if he build everything. Is it the dream of a republic.

Danger ahead: Smartphones making teens sexually smart, but mentally disturbed

By Harasankar Adhikari  We live in a digitally globalised society. Bombarded consumerism and imitation of foreign cultures and practises reshape our everyday lives. Life choices and lifestyles are the driving forces of modernity at present. People of almost all ages are within this realm and rhythm of consumerism for happiness.

Cave of Spleen - a feminist perspective: Status of women in early 18th century England

The Cave of Spleen: Aubrey Beardsley's illustration for Pope's “The Rape of the Lock” By Pragya Ranjan  "The Rape of the Lock" by Alexander Pope published in 1712 is a mock-heroic narrative which satirically glorifies trivial incident of cutting of locks of protagonist Belinda. This poem was written in the Augustan Era (1660-1784) which is marked by the period of scientific reason and rationality, whose effect can be seen on the writers of those times. This timeline is particularly important to analyse the episode of the Cave of Spleen.