Anita Kushwaha, a dedicated Human Rights Defender (HRD) and community organizer in Uttar Pradesh, has found herself ensnared in a harrowing ordeal that epitomizes state overreach and disregard for legal protocols. Her arrest by the Uttar Pradesh Anti-Terrorism Squad (ATS) on October 18, 2023, while she was five months pregnant, marked the beginning of a tragic sequence of events that has left her life shattered.

Anita, aged 36 and previously residing in Raipur before settling in Salempur, Deoria, alongside her husband Brijesh, was actively engaged in uplifting marginalized communities, particularly Dalit women, through educational initiatives and advocacy. Her involvement extended to organizing farmers post the farmers' movement, reflecting her commitment to social justice.

The circumstances of Anita's arrest are deeply troubling. She was taken into custody from her residence without due process, violating established guidelines under the Criminal Procedure Code (Cr.P.C) and disregarding Supreme Court mandates such as the DK Basu guidelines. These norms require that the police prepare an Arrest Memo with details of the arrest, including the presence of a witness and informing family members promptly.

Instead, Anita was subjected to an arduous journey to Lucknow Jail despite her delicate health condition, contrary to medical advice for bed rest. This negligence led to a deterioration in her health, culminating tragically in a miscarriage on December 09, 2023, while incarcerated.

Adding to this injustice, Anita has been falsely implicated in multiple cases under draconian laws like the Unlawful Activities (Prevention) Act and various sections of the Indian Penal Code. Her confinement continues, bereft of proper medical care despite repeated petitions for intervention.

The ramifications of Anita's ordeal extend beyond personal tragedy to encompass a severe breach of human rights and legal norms. The actions of the authorities not only failed to uphold procedural safeguards but also inflicted profound psychological and physical trauma on Anita and her family.

We urge the Hon’ble Commission to take cognisance of the above case and urgently:

• Issue notice to the Director General of ATS Uttar Pradesh to produce within 48 hours all relevant documents pertaining to the arrest of Ms. Anita Kushwaha for an independent examination by the NHRC.
  • Examine whether women police were at the place of arrest and in police stations.
  • Examine the orders given by the Judicial Magistrates on remand/detention.

• Direct the Director General of Investigation of the NHRC to initiate a transparent, independent inquiry in the illegal arrest of Ms. Anita Kushwaha and the negligence in her transport and facilities resulting in her miscarriage and submit the report to NHRC within four weeks.