On several
occasions over the last 18 months, authorities in the south Indian state
of Tamil Nadu have responded with force to deal with ongoing peaceful
protests against the commissioning of a Russian-built nuclear power
project in Kudankulam.
The authorities
have filed false charges including sedition and waging war against the
State against hundreds of peaceful protestors hailing from the coastal
village of Idinthakarai led by People’s Movement Against NuclearEnergy
including its leaders Dr S P Udayakumar and Pushparayan.
The authorities
also detained more than 50 protestors during the latest round of protests
in September last. Even as the next round of protests are expected to
commence on 21 November, they have served additional orders on two of the
detained protestors – Lourdesamy (68) and Nazarin (40) – which could
result in their detention up to a year.
The petition below is addressed to Tamil Nadu Chief Minister J
Jayalalitha and seeks to hold the state authorities accountable fortheir
violations of the human rights of local communities in southern Tamil
Nadu.
Come, let's appeal to the Tamil Nadu Chief Minister to
urgently and fully address the concerns over the ongoing human rights
violations against the peaceful protestors against the Kudankulam nuclear
power project.
Dear Chief
Minister
You are aware
that local communities around the upcoming Russian-built nuclear power
station at coastal Kudankulam have intensified their protests after the
March 2011 Fukushima disaster in Japan. The protestors believe the
project threatens local communities. They fear that the site will affect
at least 15,000 people living nearby.
You are also
aware that Kudankulam’s neighbouring villages were hit by the tsunami
that struck South and South-East Asia in December 2004; local residents
are fearful of a radioactive leak if such a disaster strikes again. The
People’s Movement Against Nuclear Energy which is spearheading the
protests has contended that the expert panel set up by the authorities to
conduct a safety assessment, which declared the site safe, has failed to
satisfactorily address several site and safety concerns raised by an
independent group of experts.
During the last
18 months, your government has responded to the peaceful protests by
charging more than 1,000 protestors with various offences. 53 protestors
face sedition charges and imminent arrest. This includes Dr S.P.
Udayakumar and M. Pushparayan – key leaders of the People’s Movement
Against Nuclear Energy. If convicted of these charges, they could face
life imprisonment.
During the
latest round of protests on 9 and 10 September, the police responded with
force when hundreds of protestors marched towards the project site. They
reportedly fired tear gas shells at peaceful protestors and baton-charged
them. Some 60 protestors were injured, including a child. Some protestors
reportedly responded to the police violence by throwing sand and stones.
Additionally, one person was shot dead by police firing on protestors in
Manappad village; three media workers sustained injuries during the
subsequent police action in Idinthakarai, from which the police evicted
500 protestors after burning their vehicles and looting their property.
In all, the
police have detained 49 male and seven female protestors. Charges against
them included defying restrictions on size of gatherings, rioting with
deadly weapons, and attempting to assault public servants. Subsequently,
local courts ordered the release on bail of 13 men and four women; five
have now been released on bail.
On 3 November,
police went to the Vellore central prison and served additional orders to
two protestors – Lourdesamy (68) and Nazarin (40) – under the Tamil Nadu
Prevention of Dangerous Activities of Bootleggers, Drug-offenders,
Forest-offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers
Act, 1982, which provides for their detention without charge or trial up
to a year. They face several charges including defying restrictions on
size of gatherings, rioting with deadly weapons, and attempting to
assault public servants.
We are concerned over
the ongoing human rights violations against the peaceful protestors
against the Kudankulam nuclear power project including the recent
arbitrary detention of Lourdesamy and Nazarin in violation of international human
rights treaties which India is obliged to respect.
We, therefore,
urge you to
- Halt the arbitrary
detention of Lourdesamy and Nazarin under the state Goondas Act,
drop any unsubstantiated charges against them and ensure their
prompt and fair trial in an independent court of law for any charges
for internationally recognized criminal offences they may face;
- Not detain peaceful
protestors, including PMANE leaders Dr S.P. Udayakumar and M. Pushparayan, and
to drop any unsubstantiated charges against them;
- Respect the protestors’
rights to freedom of expression and assembly in accordance with
India’s obligations under international law; and
- Order an impartial
investigation into all reports of unnecessary use of force against
peaceful protestors at Kudankulam and prosecute those suspected of
being responsible for human rights violations, including unnecessary
use of force.
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