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Violation of Human Rights in the Detention of Peaceful Protestors at the Delhi Border

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A peaceful march led by Mr. Sonam Wangchuk, a 58-year-old engineer and education reformist, began on September 1, 2024, to highlight the demands of the Ladakhi people. Key demands included:

  1. Statehood for Ladakh.
  2. Inclusion under the Sixth Schedule of the Constitution.
  3. Establishment of a Ladakh Public Service Commission.
  4. Separate Lok Sabha seats for Leh and Kargil districts.

Prior to the march, Mr. Wangchuk undertook a 21-day hunger strike to raise awareness.

Incident Details

On September 30, 2024, as the marchers reached the Delhi-Haryana border, they were detained by Delhi and Haryana police. Prohibitory orders under Section 144, barring gatherings of more than five people, had been imposed.

  • Mr. Wangchuk released a video during his detention, emphasizing the peaceful nature of the march and calling attention to the suppression of democratic rights.
  • Reports indicated that over 1,000 police officers were deployed, and detainees were denied legal access and basic rights.

Legal and Human Rights Violations

The detention and restrictions raise concerns about:

  1. Violation of Article 19 of the Indian Constitution, which guarantees freedom of speech, expression, and peaceful assembly.
  2. Breach of Article 21 of the Indian Constitution, ensuring the right to life and liberty.
  3. Contravention of Article 21 of the ICCPR, guaranteeing the right to peaceful assembly.

Appeal

We urge the Hon’ble Commission to:

  1. Direct the immediate release of Mr. Sonam Wangchuk and the detained individuals, as their continued detention violates fundamental rights.
  2. Direct the Director General of Police (Delhi) to conduct an independent and impartial investigation into the unlawful detention of the peaceful protestors.

HRDA condemns the detention and arbitrary restrictions, which undermine democratic principles and the rule of law. Immediate action is needed to restore constitutional rights.

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