Making the Health Sector Healthy: Interrogating the role of Panchayats in Assam

Making the Health Sector Healthy:

Interrogating the role of Panchayats in Assam

Pankaj Bora,

Assistant Professor, Bahona College

Merrychaya Patiri,

Research Scholar, Gauhati University

Bitapi Bora,

MA in Political Science, GU

Introduction:

Panchayats, though not like the Panchayati Raj Institutions of these days, but are the age-old institutions working at the village level. These Panchayats work as decentralised institutions to bring socio-economic and political development to the people. These developmental activities include health security, sanitation and population stabilisation etc. When we talk about health and panchayats, we must look at the policies like National Health Policy, 2000 and National Health Policy, 2001 etc. which indicate and ensure the role of PRIs as a responsible agency to provide decentralised health services. The 73^rd Constitutional Amendment, which has strengthened the PRIs and drawn clear areas of their jurisdiction, authority and funds also indicates Panchayats’ role in providing health services.

            The UPA government, to improve and uplift the condition of health services in rural India started a comprehensive national campaigning and launched a programme called National Rural Health Mission (NRHM) on 12^th April, 2005. NRHM has taken up myriad of action plans and goals those include increasing public expenditure to health, reducing regional imbalance in health infrastructure, pooling resources, integration of organizational structures, optimization of health manpower, decentralization and district management of health programmes, community participation etc. These goals also reflect the Millennium Developmental Goals (MDGs).

            This research starts on the above narrated ground and basically tries to focus on the roles and responsibilities of the PRIs in implementing National Rural Health Mission in Assam. Empirical data collection and scientific observation methods are used while articulating the research findings.

Objectives of the research:

The research starts with few empirical objectives and a theoretical objective. Theoretically it wants to link up the notion of health security and social security with decentralised administration and empirically it aims to find out how far good governance and decetralised administration has contributed towards making the health service healthy. To be more precise we can point out the objectives of the research like:

1.     Theoretical Objective: To see the relationship between social security and decentralised governance.

2.     Empirical objectives:

a.      To know how far PRIs are responsible towards implementing NRHM and improving health security

b.     To trace the progress in NRHM in Assam

c.      To find out whether the PRIs are actually working towards making the health sector healthy.

Methodology:

In this research paper, both primary and secondary sources for data collection have been used. Secondary data are mainly official reports, articles from journals, book etc. The research paper extensively depends on policy documents and statistical input drawn from these government official reports and articles.

To collect primary data collected, the research has followed the non-participatory observation method. The primary data collected from the field study conducted as a part of the field survey for the ICSSR sponsored major research project titled “Implementing NRHM in Assam: A study on the convergence among Institutions, Infrastructure and Practices” under the guidance of project director Dr. Akhil Ranjan Dutta.

Theoretical support: The focal point of this research moves round the concepts like decentralised administration, role of state, social security, and health security etc. The objectives reflect that all these areas are the core areas of this research. Based on the concepts and research questions, the research has concentrated in two metanarratives and tried to find out a clubbed approach to interrogate the objectives and justify the findings. The research looks the notion of Health Security as a part of Social Security and hence used the perspective of Social Security to support the research. As it is a research investigating the role played by PRIs, we are justifying our articulations on the basis of theory of decentralised administration. Clubbing both the approaches in one approach, we have experimented the finding on the basis of the presumption that providing Social security and health security is basic responsibility of a welfare state and they must ensure it in collaboration with decentralised institution like PRIs. So, let us start with the theoretical understanding of Panchayati Raj Institutions

.

Conceptual background of Panchayati Raj in India:

Democratic decentralization is a procedure to provide opportunity to strengthen the democratic governance. The notion, democratic decentralization has dominated the development discourses in contemporary period. It emerged as a popular policy in many Asian, African and Latin American countries since the 1960s. The idea behind democratic decentralization is that people will become the end as well as the means of development. It rejects the idea of a highly centralized State and replaces it with the concept of distribution of power to people at large. Here, people occupy the centre-stage of the development process. India has also adopted the policy of democratic decentralization and introduced the Panchayati Raj System and other decentralized mechanisms. They act as an institution of self governance and people’s participation in rural areas of India (Bhattacharya(Mukhopadhyay), 2011, p. 344).

The Constitution of India, in Part IX, deals with Panchayat System and Municipalities (Sarmah, Gogoi, & Bora, 2011, p. 13). The Constitution envisages a three-tiered system of Panchayats. These are: The Village Panchayats at village level, The District Panchayats at the district level, and The Intermediate Panchayat which stands between the Village Panchayats and District Panchayats. The constitution says that all the seats in a Panchayats shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat areas (Basu, 2011, p. 283). The 73^rd Amendment Act, 1992 of the Constitution came into force in 1993 introduced the Part IX from Article 243-243-O and Eleventh Schedule to the Constitution. This amendment empowered the Panchayats with power in 29 subjects (Bhattacharya(Mukhopadhyay), 2011, p. 249). Among the 29 subjects, health and sanitation is also a significant one. This includes providing health services, regulation of hospitals, primary health centers and dispensaries. Based on this amendment several policy initiatives were taken, making the Panchayats core and National Rural Health Mission (NRHM) is such a step.

Conceptual background of Health Security and NRHM in India:

National Rural Health Mission (NRHM) 2005-12 is one of the ambitious projects of the United Progressive Alliance Government pursued at a very crucial juncture in India’s development trajectory. National Rural Health Mission (2005-2012) MISSION DOCUMENT, the Government of India's document on NRHM, in its preamble highlights the vision of the mission. To quote the document “Recognizing the importance of Health in the process of economic and social development and improving the quality of life of our citizens, the Government of India has resolved to launch the National Rural Health Mission to carry out necessary architectural correction in the basic health care delivery system. The Mission adopts a synergistic approach by relating health to determinants of good health viz. segments of nutrition, sanitation, hygiene and safe drinking water. It also aims at mainstreaming the Indian systems of medicine to facilitate health care. The Plan of Action includes increasing public expenditure on health, reducing regional imbalance in health infrastructure, pooling resources, integration of organizational structures, optimization of health manpower, decentralization and district management of health programmes, community participation and ownership of assets, induction of management and financial personnel into district health system, and operationalizing community health centers into functional hospitals meeting Indian Public Health Standards in each Block of the Country. The goals of NRHM are reflection of Millennium Development Goals (MDGs) especially reduction of child mortality, improve Maternal Health and combat HIV/AIDS, Malaria and TB. (Development Goals, States of India Report, 2010)

The Goal of the Mission is to improve the availability of and access to quality health care by people, especially for those residing in rural areas, the poor, women and children. The document, with 16 sub-headings, expresses the present condition of health, vision of the mission, strategies, plan of action, institutional mechanism, technical support, role of state government, PRI and NGOs, focus on NE states, importance of AYUSH, fundings, targets, outcome and monitoring and evolution of the action taken to meet the target. Here, the document says that status of current public health is not satisfactory. In Government annual budget, Public health expenditure has declined from 1.3% of GDP in 1990 to 0.9% of GDP in 1999. There are many other evidences of poor health standard in India which is explained by the document. The document also states the vision of the mission where it categories 18 states, including states from NE, as high focus states with special attention. It expresses the above mentioned goal as prime objective with definite time programmes which will be aquired with some well designed strategies and plan of action where the state governments, Panchyats and NGOs will play a positive role. The document has included the financial matters, institutional mechanism and technical support and it gives emphasis to AYUSH. It has also pointed out some statistical targets to be achieved by the mission on time. The Mission has some monitoring and evaluation committees in three tier level- Block, Panchayat and District, for well functioning of the mission and to bring health security. It basically stresses on role of the Panchayats.

Panchayats in Health security in Assam:

The Panchayat in Assam has a long history back from the reign of the Ahoms where this system of Panchayat is noticed among the tribal and non- tribal communities with their own traditional institutions.

Status of the PRI framework in Assam

The Government of Assam enacted the Assam Panchayat Raj Act, 1994 incorporating almost all the features of the 73rd Constitutional Amendment Act, 1992. The terms of Panchayat in the state expired in October 1997. The state government had put off the Panchayat elections several times citing different reasons. The elections of the Panchayat bodies were held in December 2007 and since then the PRI bodies are active in the State.

The PRIs have been actively involved with developmental process at all the levels are involved in the planning, implementation and monitoring of the activities envisaged under National Rural Health Mission, Sarbha Siksha Abhiyan, Public Health Engineering, Total Sanitation Campaign and Women & Social Welfare department in the state.

Role of Panchayati Raj Institutions as per the Mission document of NRHM:

·       The respective states will indicate their MoUs the commitment for devolution of funds, functionaries and programmes for health to their PRIs.

·       In the institutional set up, at the district level, a District Health Mission (DHM) will be set up that to be led by Zila Parishad. The DHM will control, guide and manage all public health institutions in the district level like Sub-Centres, PHCs and CHCs.

·       ASHA is the one of the main stakeholders of NRHM. ASHA would be selected by and be accountable to the village Panchayat.

·       In the village level, in the Panchayat a Village Health Committee would be organised and this committee would be liable to prepare the Village Health Plan and promote intersectoral integration.

·       For well functioning of the sub-centres there will be an Untied Fund for local action @Rs. 10,000 per annum. This Fund will be deposited in a joint account of the ANM and Head of the Panchayat i.e. Sarpanch and operated by the ANM, in consultation with the Village Health Committee.

·       In hospital management, Rogi Kalyan Samitis are held up and in such committee’s involvement in PRI is the key factor.

·       Training will be provided to the members of PRIs.

·       Making available health related databases to all stakeholders including Panchayats at all levels.

As the mission describes the PRI plays a major role in implementing NRHM. It is through PRIs the community participation is possible. So PRI as an institution for NRHM has a significant role. The major PRI institutions are as follows.

Institution	Regulatory Board	Persons involved	Post
District Health Mission(PHCs, CHCs, SCS)	Zila Parishad	District Health Head District Health Head, NGOs, Private professionals	Convener
Block level Panchayat(PHCs)	Panchayat Samiti	PRI representatives
Sub Centre	Gram Panchayat	PRI representative, Representative of VHSC

The PRIs are the decentralized level policy makers to render the services to the village level. Village health Plan is counted as the policy framework for the implementation of NRHM. Having a village health plan in each level is regarded as one of the activity of PRI in implementing NRHM. To prepare the village health plan, Village Health and Sanitation Committee (VHSC) will be appointed. So, VHSC is responsible to set up the health plan taking into account all the villagers and their need. The village health plan includes some of the action plans to implement like to orient and train the PRI members on basic health needs in the village. The structure of VHSC is formed under the chairmanship of Gram Panchayat members and representative from the community such as gaon budha, women's group, and SC/ST/OBC/ minority communities etc. Hence, for the development of the village in each village where ever there is an ASHA Village Health and Sanitation Committee has been formed by providing untied grant for village level activities. The basic health needs are to be fulfilled by different health schemes, the VHSC members have to aware the people about the various schemes and the benefits of the schemes implemented by the government so that people can demand the benefits of the schemes. Moreover, the VHSC is accountable to the overall village health plan. The VHSC will try to mitigate the health and nutrition related problems of the community by organizing Village Health and Nutrition Day (VHND) twice in a week.Training of the VHSC of a village is usually conducted and supported by nongovernmental organistions (NGOs). 

Findings from secondary reports:

As far as the implementation of NRHM is concerned, certain reports are there to review the institutionalisation, infrastructure and convergence of the different institutions. According to the Assam report, 2009; 26,816 VHSCs has been constituted & 24,085 Joint Accounts have been operationalised. Rogi Kalyan Samities are operational at 22 DH, 103 CHCs & 844 PHCs. All districts have started developing their own IDHAP.

Common Review Mission (CRM) was conducted by the State wise Review Team for Assam undertook the visit to Assam during a scheduled time frame from the year of 2007 onwards. These CRM reports had examined the institutions, infrastructures of NRHM for the period from 2007 to 2011.

The first Common Review Mission conducted in 2007 revealed that Village Health and Sanitaion Committee had not been set up at the village level as the panchayat election was not held.

In the findings of second Common Review Mission, regarding the PRI involvement, State has reported that 20, 309 number of VHSC are constituted and fund released to them. But in the report, it is mentioned though VHSs have been constituted, but the members have lack of capacity building. In many cases, these members were not properly guided about their responsibilities.

The fourth Common Review Mission also revealed the disappointment in practising of implementation of NRHM, though the Panchayati Raj Institutions have been constituted, the actual capacity building of these institutions have not been up to the mark.

But the fifth Common Review Mission has portrayed an another picture of involvement of PRI in NRHM. Under the NRHM, in each village a Village Health Sanitation (& Nutrition) Committee (VHSNC) has been formed where the elected PRI members are the Chairman of the committee and the ASHAs are the Member Secretary. 26,312 VHSNC have been formed in Assam. The ASHAs are working in close co-ordination with the VHSNC members for improving the health scenario of the village. Every year under NRHM, each VHSNC receives Rs. 10,000/- which is used for providing safe drinking water, construction of sanitary toilets, arranging emergency referral transport and organizing Village Health & Nutrition Day. Source: (5^th Common Review Mission, 8^th-15^th November, 2011, Assam).

All the VHSNC members have been trained under NRHM regarding their roles and responsibilities in the years 2009-10 and 2010-11. In 2010-11 and 2011-12, on sample basis Model Village Plans havebeen prepared in each Block PHC.

Observation from the field survey:

The structured interview schedule was mainly targeted for the stakeholders of NRHM like, the ASHAs, the ANMs, the BPMs and the health care seekers. As stated earlier, the stakeholders like ASHAs and ANMs have to work with PRI officials. Their cooperation is in workings of policy developments and implementation of these policies and then to see how far these stakeholders are able to make the convergence among institutions, infrastructures and practices. The observation with the field experience reveals that some of the ASHAs we interviewed are not satisfied working with the PRI members as they are not really cooperative. As per their knowledge, the Panchayat members are corrupted and are not regular and honest in using the untied fund. Some of the BPMs who have been interviewed are also said that PRI members and the officials from department are not so much cooperative. PRI have to lead the Mission in three ways- planning, control and monitoring health institutions and funds. But, the people in general are not aware of the involvement of the PRI members in the implementation of NRHM. The patients from Sualkuchi PHCs are not aware of Village Health and Sanitation Committee and Village Health and Nutrition Day. This is also seen during the field survey in Silchar Medical College where very few people know about Village Health and Sanitation Committee and Rogi Kalyan Samiti. 

Conclusion:

Though the PRI in Assam as a particular and in India as a general has a large potentiality to improving the health indicators in reality and create awareness among people about the health schemes and other necessary concerns. But there are some constraints to the workings of the PRIs like lack of accountability, dominated by political party, no periodic elections, not applicable to the BTAD or 6^th schedule areas etc.

…………………..

References:

Basu, D. D. (2011). Introduction to the Constitution of India. New Delhi: LexisNexis Butterworths Wadhwa Nagpur.

Bhattacharya(Mukhopadhyay), M. (2011). Democratic Decentralisation and Panchayati Raj. In N. Chandhoke, & P. Priyadarshi, Contemporary India: Economy, Society, Politics (pp. 344-357). New Delhi: Pearson.

Sarmah, P., Gogoi, C. F., & Bora, P. (2011). Brief Understanding of Indian Constitution. In P. Bora, & C. F. Gogoi, An Introduction To Indian Government and Politics (pp. 1-18). Guwahati: K.M. Publishing.

 5^th Common Review Mission, 8^th-15^th November 2011, Assam; National Rural Health Mission, Ministry of Health and Family Welfare, Government of India.

COUNTER INSURGENCY ACTIVITIES AND HUMANITARIAN LAWS IN CRISIS: Understanding the experience of ULFA and Human Rights violation

Counter Insurgency Activities and Humanitarian Laws in crisis:

Understanding the experience of ULFA and Human Rights violation

Merrychaya Patiri, Research Scholar, Deptt. Of Political Science, Gauhati University and

            Pankaj Bora, Assistant Professor, Bahona College, Jorhat

Introduction:

Human beings, by virtue of being human, posses certain basic and inalienable rights, commonly known as Human Rights. These rights are the pillars of human welfare and prosperity. Basic human rights are so designed that they enhance the status of individual in society. “These rights are essential for all the individuals as they are consonant with their freedom and dignity and are conducive to physical, moral, social and spiritual welfare."[1] As we know all human beings are born free and equal in dignity and rights, therefore Human Rights provide us safeguards which are considered essential for everyone living in this earth. These are nothing but protection against the arbitrary authority to the state. Human beings had been striving for many ages for acquiring noble rights without which one’s life is meaningless and empty. When ages are passing by, human being possesses the unique storage of reasoning and from this logically follows the idea that basic right of individual is freedom to choose. Therefore, Human Rights have a broader perspective and have supreme importance. In this connection, human rights and human freedoms are interrelated.

Human Rights are backed by some national and international laws. Both in the national and international sphere it is accepted that these are very essential for the development of individual and society and so these need to be protected and promoted for the welfare of the human beings. In India as well various constitutional provisions are made to protect and promote Human Rights.

What is called Human Rights violation?

In Indian Constitution provisions like Preamble of the Constitution, Fundamental Rights, and Directive Principles of State Policies etc. have tried to protect Human Rights of Indian Citizens. In spite of all those arrangements we can see many incidence of violation of Human Rights. Every morning, the news dailies carry news which describes reports on the inhuman barbarities, terrible tales of sadistic torture, illegal detentions, ruthless killings, fake encounters, ill treatments on women and children and so on and so forth. The increasing incidents of torture, inhuman barbarities have assumed such alarming proportions that it is affecting the credibility of the Rule of Law and the administration of criminal justice system. Killing innocent people, destroying their property and creating an atmosphere of terror and fear in their minds also violate the Human Rights of the innocent victims.

All the people, in striving for social progress, seek wider perspectives for providing certain conditions and opportunities without which its citizen cannot lead a good life. These conditions and opportunities are in broad sense, known as the rights of the citizens. After the establishments of the United Nations Organization, on October 24, 1945, this was one of the most important issues. Therefore the main purpose of the United Nations was promotion of economic and social advancement of all the people of the world without discrimination on the ground of race, sex and language or religion etc. The references to Human Rights in the charter of the United Nations have provided the basis for elaboration on the content of standards and of the machinery for implementing protection of Human Rights.

What is Humanitarian Law?

There are some international laws to protect Human Rights. International Humanitarian Law is a branch of those International Laws or Laws of Nations. This law governs relation between members of the international community namely States. International law is supranational, and its fundamental rules are binding on all States. The goals of humanitarian law are to maintain peace, to protect the human beings in a just order, and to promote social progress and freedom. International Humanitarian law is called as the law of armed conflict. This law was previously known as the law of the war. This law of armed conflict is a special branch of law governing situation of armed conflict. The objective of International Humanitarian Law is to mitigate the effects of war, first in that it limits the choice of means and methods of conducting military operation and secondly in that it obliges the belligerents to spare persons who do not or no longer participate in hostile actions.

International Humanitarian Law tries to ensure peaceful relations among peoples. It makes a substantial contribution to the maintenance of peace that promotes humanity in times of war. It prevents or at least hinders mankind’s decline to a state of complete barbarity. From this point of view, respect for International Humanitarian Law helps in laying the foundation on which a peaceful settlement can be built once the conflict is over.

As mentioned above, International Humanitarian Law is a special branch of law covering situations of armed conflict. The expression ‘armed conflict’ appears in Article 3 of the Geneva Conventions as far as non-international armed conflicts i.e. a confrontation not between two states, but between the government and rebel movement is concerned. There are some hard and fast fundamental rules of humanitarian law of applicability in armed conflict.

Fundamental Rules of Humanitarian Law applicable in armed conflicts[2]:

1.      Persons horse de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and physical and moral integrity. They shall in all circumstances be protected and created humanely without any adverse distinction.

2.      It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.

3.      The wounded and sick shall be collected and cared for by the party to the conflict which has been in its power. Protection also covers medical personnel, establishments, transports and material. The emblem of the Red Cross (Red Crescent, red lion and sun) is the sign of such protection and must be respected.

4.      Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.

5.      Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.

6.      Parties to conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.

7.      Parties to conflict shall at all times distinguish between the civilian population and combatants in order to spare the civilian population and property. Neither the civilian population nor civilian persons shall be the object of attack. Attacks shall be directed solely against militarist objectives.

States attempt to end Insurgent Activities:

But in reality, on the ground of Assam, absence of humanitarian law is seen. Applicability of humanitarian law is curbed by security personnel. Since from the last three decades, Assam has been witnessing the insurgent’s movements regarding fulfilment of their different demands. Among them ULFA’s separatist demands for ‘Independent Assam’ led to insurgency in Assam. The United Liberation Front of Assam (ULFA) was founded in on 7^th April, 1979 around the same time as the beginning of the ‘Assam Movement’.Retrospection of history reveals that ULFA has a history of different insurgent activities and the State always try to regulate insurgent groups with dominant acts and militarist operations. ULFA was banned under the Unlawful Activities (Prevention) Act [POTA] 1967. During the time of Presidents Rule on November 28, 1990 Operation Bajrang was conducted between September 1990 and April 1991. Again Operation Rhino was first started on the September 14, 1991. The Armed Forces were operating under the provisions of the two acts namely the Assam Disturbed Area Act (TADA), 1995 and the Armed Forces Special Powers Act (AFSPA), 1958 (as amended in 1972). ULFA established a chain of training camps across the border in Myanmar and later in Bhutan. Many new cadres were trained in these camps. To uproot these training camps, the Indian Army and Myanmar’s armed forces jointly launched ‘Operation Golden Bird’ along their border in April-May, 1995. During third operation, 50 militants were killed and huge quantities of arms and ammunition were recovered.

Unified Command Structure was set up on January 20, 1997. Setting up of (UCS) was a part of counter insurgency operations when the AGP returned to power in the State Legislature elections of May 1996. Human rights violation or human rights abuse was immensely occurred during the operations conducted by army personnel in Assam as the army has conducted massive search and arrest operations in thousand villages in Assam. An international body “Asia Watch” renamed as “Human Rights Watch Asia”, surveyed the abuse of human rights and reported a survey report which said

“The Indian Army has conducted massive Search and arrest operations in thousand villages in Assam. Many victims of abuses committed during these operations are civilians, often relatives or neighbours or young men suspected or militant sympathies. Villagers have been threatened, harassed, raped, assaulted and killed by soldiers attempting to frighten them to identifying suspected militants. Arbitrary arrest and lengthy detention of young men picked up in these periodic sweeps, or at random from their homes and from places to places are common, detainees of the Armed Forces are regularly subject to the beatings and torture. Death in custody had occurred as the result of torture again alleged encounters and escaped attempts.” (Asia Watch 1993:1)[3]

The report noted that this situation in Assam was severely curtailed and the human rights activists and journalists were arrested for reporting on abuses. It also said that militant groups were responsible for such human rights abuses as bombings, kidnapping and the assassination of dissident ULFA members (Asia Watch 1993)[4]

Every years passed by, innocent civilians have been becoming victims of human rights violation by the security personnel.  According to the National Human Rights Commission (NHRC) received six cases of encountered deaths in Assam during the period of 1^st April 2001to 31^st March 2007. The report was obtained by Asian Centre for Human Rights (ACHR) through the Right to Information act. On 12^th November, 2007, the State Government of Assam informed that the Security Forces killed 2,210 members of Armed Operation Groups (AOG) and 226 Security Personnel and 146 civilian had died in counter insurgency operation since 1990. In 2007, Asian Centre for Human Rights (ACHR) documented several other cases of extra judicial killings. Some of the examples are

1.      Traders Nilikesh Gogoi (30years) and Dulu Gogoi(36years) who were shot dead by security personnel of the Central Industrial Security Forces petrol team at Geleki Aathkhelia in Sivasagar district on 24^th June 2007.

2.      Family members of Assamese artist Krishamoni Chutia were tortured by some army personnel on the night of 10^th January 2007

3.      Seven persons who were killed at Borali Bari near Mahmora in sivasagar district on 7^th January 2007.

Another cases of human rights violation occurred when some persons had committed suicide unable to bear the atrocities done by army personnel. There were five such known cases:

1.      Ajit Medhi, Borbil, Digboi on 25^th October, 1991

2.      Abhijit Kumar Phukan, Sivasagar, 26^th October, 1991

3.      Manoranjan Haloi, Belsor Nalbari, 25^th November, 1991

4.      Ranjit Borgohain, Golaghat 3^rd November, 1991.[5]

All the provisions of Geneva Conventions and the Additional Protocols hinge on the two concepts viz, ‘Combatants’ and ‘Protected Persons’. These two notions are not mutually exclusive. A combatant can easily become a protected person (When he is wounded and surrenders, or taken as Prisoners of War) without losing combatant status. The general civilian population is distinguished from the combatants to spare the life and property of the civilians. During the all operations done in Assam against the insurgent groups, the lives of civilian people were in danger by beating, arbitrary arrest etc. Women are the most vulnerable victims during the time of Bajrang and Rhino operations. The women suffered by sexual molestation, rape and murder in many villages. The news of rape and murder of women caught eye of people. The rape and murder of innocent Raju Baruah and Bhanimai Dutta were the heart hitting barbaric incidents perpetrated by security personnel of that time of Rhino operation. In the situation of conflict the most critical element of disadvantage suffered by women is violence. Violence is both a disadvantage as well as effect prolonged conflict on lives of women. The effects of violent acts like rape, sexual abuse, and the physical assaults are resulted in deep psychological and emotional trauma and very high levels of post trauma disorders.

Some personal case studies:

These personal case studies were confined to only in the area of Charaideo sub-division of Sivasagar distirct, Assam. The head quarter of Charaideo sub-division is Sonari. The Sonari town has border link with neighbouring state Nagaland. The pastoral road which connected from Dibrugarh district via Moran town to Nagalnd is used as safe corridor by the armed organizations. The organisational activities by armed organisation ULFA is very strong in Charaideo sub-division and myriad of villages and towns under it. The most of the ULFA leaders are hailing from the different villages under the Charaideo sub-division. The so called chairman of ULFA, Arabinda Rajkhowa is hailing from Lakuwa, situated at this sub-division; likewise the vice-president of ULFA, Pradip Gogoi and another leader Ramu Mech are also hailing from here.

This connection between ULFA and Charaideo sub-division leaded to joining of youths here to the armed insurgent group.

1.      Victim: Monoranjan Bora, village: Khamon gaon (Rangabam)

The victim Monoranjan Bora’s crime was that he was the elder brother of one ULFA cadre named Achintya Gogoi alias Phulphuli alias Raju Bora. Achintya Bora was killed brutally by army personnel in an encounter at Aaideokathoni on 29^th February 2008 under Sonari Police Station. Monoranjan Bora was very often put to the army camp and harassed mentally and physically by asking about their brother. There was no any time schedule of raid by army or police. In such a circumstance, their old father fell into paralysis in 2002. Even, one police officer from Kakotibari Police Station often came their house and he demanded money otherwise threatened him to throw in to the lock-up.

2.      Victim: Nirmal Konwar and prabin Konwar, village: No. 1 Konwar Gaon (Mahmora)

These two elder brothers of ULFA cadre named Lohit Konwar alias Debojit Konwar had recalled the days as ill-fated days when they had to face the army atrocities. The whole family had to hide in the time of raid during Bajrang and Rhino operation. There was no time schedule for raiding. These two brothers were thrown into lock-up for several times. They were demanded ransom money by police officer. Whenever they faced with army either in paddy field or at home, army personnel beat them up very brutally. Their younger brother Lohit Konwar was Sergeant Major in 28^th Battalion and he was shot dead in an encounter by security personnel at Dafla near Borhat under Sonari Police Station.

3.      Victim: Khagen Gogoi, village: No. 1 Konwar Gaon (Mahmora)

Khagen Gogoi was an ordinary farmer in the village, he had no connection with any ULFA cadre, but he was beaten up brutally by army personnel in the name of raid and patrolling.

4.      Victim: Abhiram Gogoi, village: Egharagharia

He is an example of common people tortured by army personnel in suspect of link with ULFA and giving shelter to ULFA. Army harassed him for many a time by physically and mentally interrogating him during Bajarang Operation.

5.      Khireswar Bharalua, village: Egharagharia

The family of Khireswar Bharalua is a burning example of victim of armed conflict. In his house ULFA took shelter by force hence two ULFA cadres were killed in an encounter happened at their home. The incident took place on 6^th December, 2008. The time was 4.30 a.m. in the morning. Khireswar Bharalua with his spouse was working in their paddy field. The group of four cadres asked them to give shelter but the couple denied to give shelter them as they did not want any danger to their children. But the group forcibly stayed at their house. They ordered Bharalua’s wife to cook food for them. At 2.30 p.m., the army surrounded their house. The army announced them to surrender. But the ULFA group started firing on the army hence latter too started firing. In the cross firing, the young daughters were escaped from death anyhow. After four hours of cross firing, two of the four ULFA groups able to escape and two of them were held by the army personnel. These two ULFAs held by the army personnel were brutally killed on the spot. Army beat up Bharalua red and blue on the spot too. In the night, police came and take the couple to the Kakotibari Police station and in the police station OC interrogated them very cruelly. They were mentally tortured by the OC. The couple were forced to sign in a blank paper. The poor couple had to give the demanded money by the OC.

6.      Victim: Tankeswar Khamon, village: No. 1 Nirmalia

Tankeswar Khamon’s younger brother Nabajyoti Khamon was an ULFA cadre and he was killed in an ambush at Saraguri Chapori and the family got his decomposed body given by the army. Tankeswar Lahon was the victim of army atrocities during their brother’s presence in the armed outfit. Army personnel harassed them mentally and physically.

7.      Victim: Ratna Khamon, village: No. 1 Nirmalia

Late Pona Khamon was the teacher in nearby ME school. His widow Ratna Khamon told us in a grip mood how his husband was tortured physically and mentally for many times at army camp on the basis of suspicion. Army suspected him that he gave shelter to ULFA, and notably he was uncle of Nabajyoti Khamon.

Limitations of humanitarian Law:

The human rights violation in Assam has been the fall out of the insurgency turned terrorism of the insurgent groups. Three decade long insurgency by the ULFA has created threaten to the lives of people in general. Humanitarian law and human rights have different existence. Both have developed separately. The difference between humanitarian law and human rights are that human rights set limit to the power of the State with respect to all persons subject to its authority, including nationals. On the other hand, international humanitarian law is a special law and it is applied only in the times of war. No doubt it bridges the human rights of persons. Human rights can be protected in conflict zones by facilitating the works of humanitarian organizations. Media reveals the distressing lack of proper respect for the law. The implementation of humanitarian law in reality depends to a large extent on expectations based on the notion of mutual understanding.

The military leaders should follow a strict discipline. As respect for humanitarian rules is an element of discipline. So, military should follow it. But observance of humanitarian law is not merely a burdensome duty. Thus, it depends on the interests of Commanders of the armed forces.

Conclusion:

In conflict ridden Assam, Manab Adhikar Sangram Samiti (MASS) is the active organisation enthusiastically working since its inception for protection of civil rights apart from others. They are mainly concentrating on creating protection and awareness through public meetings; sit in, publication of newsletters etc. But the answer to the protection of human rights is no doubt will get breakthrough when the permanent political solution to the peace dialogue between government and ULFA happens in reality.

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References:

1.      Baruah Sanjib “Durable Disorder: Understanding Politics of North East India”, Oxford University Publication, 2005

2.      Dhanbir Laishram, “North East in Benethic Zone”, Akansha Publishing House, New Delhi, India

3.      Gasser Hans-Peter, “International Humanitarian Law: An Introduction”, Henry Dunant Institute, 1993.

4.      P.B. Rathod, “Focus on Human Rights”, ABD, Jaipur, 2007.

5.      PL Sanjeev Reddy, “Peace and Development in North East”, PC Shekhar Reddy Publication- A Mittal Publication, New Delhi 2007.

6.      Bell Christine and O'RourkeCatherine,” The People's Peace? Peace Agreements, Civil Society, and Participatory Democracy”, International Political Science Review / Revue internationale de science politique, Vol.28, No. 3 (Jun., 2007), pp. 293-324.

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[1] Rathod, P.B., “Focus on Human Rights”, ABD, Jaipur, 2007.

[2] Gasser Hans-Peter, “International Humanitarian Law: An Introduction”, Henry Dunant Institute, 1993.

[3] Baruah Sanjib “Durable Disorder: Understanding Politics of North East India”, OUP, 2005

[4] ibid

[5] Dhanbir Laishram, “North East in Benethic Zone”, Akansha Publishing House, New Delhi, India