The systematic deprivation of the right to food and right to health in state custody during the pandemic ultimately caused “the death of two of them” and this was nothing short of custodial violence”, reminded the HRA. The human rights body said that this was a violation of the Right to Life enshrined in Article 21 of the Constitution of India available to “all persons” including the “non-citizens”.
TFM News Service
In connection with the custodial death of two Myanmar ladies and violation of the right to food and right to health of the surviving 27 Myanmar nationals in judicial custody at Saadbhavana Mandop, New Lamka, Churachandpur District, the Human Rights Alert, Manipur has submitted a representation to the Chairperson Manipur Human Rights Commission (MHRC), Lamphel Court Complex, Imphal.
The representation brought to the notice of the MHRC the findings of HRA own inquiry conducted into the custodial death of two women from Myanmar who had been kept in judicial custody at Saadbhavana Mandop, New Lamka, Churachandpur District. The inquiry was conducted on July 1, 2021.
The HRA reminded that on March 31, 2021, the Churachandpur police arrested 29 Myanmar nationals including six minors, staying without proper documents from Ngathal and Kawnpui villages of Churachandpur. A First Information Report (FIR) no 38 (03)2021 CCP.PS under section 14 of Foreigners Act was registered against them. When they were produced before the Chief Judicial Magistrate, Churachandpur, the same day, it was recorded that they “crossed over the border due to threat and fear of persecution as a result of the military coup and that their lives have been endangered as such (sic) escape and crossed the border without any valid documents and papers”. They were remand to police custody till April 7, 2021.
Later, the government of Manipur declared the Saadbhavana Mandop, New Lamka, Churachandpur District as a temporary prison under Prison Act, 1984 vide its order No:6/1(1)/2021-H(DC) dated April 1, 2021. After the production of the 29 accused before the Chief Judicial Magistrate, Churachandpur on April 7, 2021, 28 of them were remanded to judicial custody and kept at the Centre. A juvenile, amongst them, was transferred to an Observation Home, at Ramthar Village, Churachandpur District. But soon the separated juvenile re-joined the group in the Centre with due permission from the Chief Judicial Magistrate.
The HRA said that the plan of the government of Manipur, to transfer the 29 Myanmar nationals to different jails in Imphal scared them as they think that it will separate the families as they land in different jails. The prospect of living amongst the population where they cannot speak the same language and do not understand the culture disturbed them a great deal said HRA. The Myanmar nationals requested the authority to allow them to continue to stay together at the designated centre.
Civil Society Organisations such as the Zomi Youth Association and Zomi Mother’s Association of Churachandpur also volunteered and provided them basic food so long as they were in Churachandpur. The government authority conceded to their request but did not provide them with any food or healthcare, revealed the HRA.
By the end of May, and the beginning of June 2021, many of the inmates of the centre fell sick. They requested medical help, but there was no response from the government, alleged HRA. Only on June 5, some medical personnel came and checked their health conditions. Nine of them were found to be COVID positive. Two of them were in critical condition and were immediately admitted to District Hospital (Covid Isolation Ward). One of them, Ma Myint, daughter of Usan, aged about 46 years died on 6 June 2021. Her condition was said to have worsened after admitting to the hospital. Two days later, on June 8, Mukhai, daughter of Nita aged about 40 years also succumbed, in the same hospital.
Another 13 more inmates of the Centre were also found to be COVID positive and they were shifted to a designated Covid Care Centre at Churachandpur Government College for treatment on June 7. After testing negative, they returned back to the Centre on June 16, 2021.
HRA pointed out that the death of Ma Myint and Mukhai occurred after they were arrested and kept in the custody of the state for three months. “During this period in custody, the inmates were not provided food by the state but depended solely on the charity of civil society organisations. In doing so they were deprived of their right to adequate nutritious food. Moreover, they were also deprived of the mandatory medical attention they deserved as any other prisoners. Even when they fell sick and were desperately calling for help, the help came only when the situation became out of control”, said HRA.
According to HRA, this systematic deprivation of the right to food and right to health in state custody during the pandemic, ultimately caused “the death of two of them” and this was nothing short of custodial violence”. The HRA reminded that this was a violation of the Right to Life enshrined in Article 21 of the Constitution of India available to “all persons” including the “non-citizens”.
HRA has requested the MHRC to urgently address the following issues and ensure that the inmate of the centre is provided with adequate nutritious food as well as regular medical attention as per the standard norms of any prison/designated prison without any discrimination.
Babloo Loitongbam, Executive Director HRA also asked the MHRC to ensure that the NHRC Guidelines on Custodial Death was strictly adhered to while dealing with this case – including the mandatory reporting to the Secretary, NHRC as well as the Magisterial Inquiry into the incident by a Judicial Magistrate.
The HRA recommended that the government of Manipur grant an interim compensation of at least rupee twenty lakhs (Rs. 20,00,000/-) each to the next-of-kin of the deceased – Ma Myint and Mukhai.