India: land rights defender detained following warrantless raid, false charges
Event- Country
- India
- Initial Date
- Oct 18, 2023
- Event Description
About the Human Rights Defenders: HRD Brijesh Kushwaha 42, is a post graduate who founded a social organization Mazdoor Kisan Ekta Manch which organized landless farm labours of rural areas of Gorakhpur District Uttar Pradesh and participated in farmers protest. He was also associated with Laborers Farmers Unity Forum.
Details of the Incident: On 8th July 2019 Mr. Brijesh’s house was raided, and his laptop cell phone and pamphlets were seized. On October 18, 2023, at 10 am, a large police force was sent to HRD’s home in 6 vehicles, which included some personnel in black uniforms, some local police, and some in plain attire from the Anti-Terrorism Squad. A terror was created by surrounding the entire village. Mr. Brijesh was at a bag shop located 4 kilometres away from his home. Therefore, half of the force surrounded the village and his house, while the rest went to his shop and brought him to his house. Then the entire house was searched, some pamphlets and magazines related to events like Bhagat Singh Jayanti, freedom fighters etc were seized, along with the confiscation of his phone. No search memo, arrest memo or seizure of electronic devices memo was given to him. His family in his house were told that he was being taken to the Deoria police lines and would be released by evening. No information was given to his family. The next day, it was learned through the newspaper that he had been arrested under the FIR ATS 4/19 and was accused under sections of Indian Penal Code- 120 B(Waging, or attempting to wage war, or abetting waging of war, against the Government of India), 121A. (Conspiracy to commit offences punishable by section), 419 (Punishment for cheating by personation), 420 (Cheating and dishonestly inducing delivery of property), 467 (Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc.), 468 (maximum punishment of seven years of imprisonment and a fine for individuals found guilty of forgery), 471 (Using as genuine a forged document) and 13((1) Whoever- (a) takes part in or commits, or (b) advocates abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine),18(punishment for recruiting of any person or persons for terrorist act'), 38(A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.) of the Unlawful Activities (Prevention) Act. The HRD is still in prison.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Raid
- Rights Concerned
- Right to healthy and safe environment
- Right to liberty and security
- HRD
- Community-based HRD
- Land rights defender
- NGO staff
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Event Location
Latitude: 26.50129634165647
Longitude: 83.78085513555675
- Event Location
- Summary for Publications
On 18 October 2023, Brijesh Kushwaha, community-based land rights defender and founder the social organization Mazdoor Kisan Ekta Manch, which works with landless farm labours of rural areas, had his house raided and searched by the police without a warrant, who charged him on multiple false charges the next day and arrested as result of his support of local communities in Deoria, India.