Saturday, November 22, 2008

Torture still prevalent in India: On the wrong side of law





http://news.bbc.co.uk/1/hi/world/south_asia/7689491.stm
For Chunchun Kumar of Bihar's Nawada district, it was just another evening as he lounged around at a tea stall in his village along with a friend.
But, then something happened that changed his life.
"It was 17 March of this year. There were six of them. When we first saw them, they were beating up the temple priest. He was lying on the ground, they were kicking and punching him," Kumar says.
"Then they started hitting two other men. Then they came into the tea shop and they beat us black and blue. Then they fired at us."
Kumar lifts up his shirt to show a bullet mark on his abdomen. The wound is still oozing.
The perpetrators were no ordinary criminals.
Says Kumar, "They were all policemen. I don't know why they were angry. They were all drunk, they were like drunk elephants, they went on a rampage."
The shocked villagers complained to the police authorities, and the offending policemen were suspended from duty and arrested.


'Very serious'
Additional director general of police in Bihar Anil Sinha confirmed the incident.
"Two of the policemen who were inebriated vandalised the tea shop and began firing despite protests from their other colleagues. They were arrested and, although they have been released on bail, they are facing criminal charges."
Kumar's fight for justice recently brought him to the Indian capital, Delhi, where he narrated his story at India's first National People's Tribunal on Torture.
Activists say torture by police is rampant in India.
"The problem of torture is very serious. Today we have around 1.8 million cases of police torture each year in India," says Henri Tiphagne of People's Watch, an NGO.

The police are often a law unto themselves, say campaigners



Mr Tiphagne says the victims mostly are from the poorer sections of society.
"They are generally the (low-caste) Dalits, the tribals and the Muslims. And torture is used by those who are in power, those who possess, the landlords and the companies who put pressure on the police to carry out torture," Mr Tiphagne says.
Mr Anil Sinha says cases of human rights violations involving the police are "exaggerated" by activists.





"It's a kind of stereotype being dished out by the NGOs and activists. And because police have a bad reputation, so people take such allegations to be correct.
"We do not condone any human rights violations by police in any manner, and such cases are rare. We have a mechanism in place to deal with such cases and penalise the guilty," Mr Sinha says.
Shankar Sen, a retired police officer and former member of the human rights commission, says: "The policeman's work is very complex, there are pressure on him to deliver results, the police are exposed to extraneous influences and pressures."
But, he says, that does not condone torture. "It's illegal, and as a policeman I know it doesn't work."
Mr Sen admits that police torture is prevalent. "Torture does take place, it's very common, but it's unacceptable. Some allegations against the police are shocking."
Meenakshi Ganguly of Human Rights Watch says nearly every police station in India can be held guilty of torture.
'Arbiter of justice'
In many parts of the country, she says, the situation is so bad that people will not got to a police station to file a case fearing prosecution and retribution.
"There is this pattern of impunity. The fact that police believe they can get away with it has added to the problem," Ms Ganguly says.
"The greater problem is that an average policeman believes himself to be the arbiter of justice. Instead of going to the court, he himself is delivering justice.

Arun Kumar's mental age has been reduced to one year
"The policeman is not supposed to punish the criminal, he is supposed to catch the criminal," she says.
For the victims of torture and their families, it is a long haul.
Arun Kumar of the southern city of Bangalore was picked up by the police after his employer suspected him of having an affair with his wife.
Kumar's parents, PP Raju and Lakshmi, say their family home was ransacked, Kumar was taken to the police station where he was beaten up and tortured for days.
Unable to bear the pain and the trauma, Kumar drank pesticides in an attempt to kill himself.
He survived, but his parents say their son's mental age has been reduced to one year - he is on medication and requires constant care.
The guilty policeman was suspended for a week, but reinstated later. The family has a long fight ahead of them.
'Deterrence'
Says Mr Tiphagne, "A case I initiated in 1981 ended in 2007 with the dismissal of the officer. So I have hope in Arun Kumar's case too."
But, he says, this long wait can be a huge deterrence for even the most determined.

Mr Tiphagne says nearly 2 million cases of torture take place in India every year
"The torture at the police station ends, but the torture of institutions continues. It's more of a psychological and mental nature, it is very challenging. Most people don't have the courage to withstand that, very few survive that," Mr Tiphagne says.
So while the victims continue to live with the trauma, most of the perpetrators get away.
They are also emboldened by the fact that India has no clear law on torture.
The country signed the UN Convention on Torture in 1997, but even 10 years later, it has not ratified it.
"We have to change our culture. We have to create awareness that torture is illegal. The civil society will have to get involved," says Meenakshi Ganguly.
"People will have to get past the fact that torture happens only to other people. And once that happens, it will change," she says.

Friday, May 25, 2007

Report criticising rights abuse in Kashmir passed

Report criticising rights abuse in Kashmir passed
 
http://www.dawn.com/2007/05/25/top11.htm
LONDON, May 24: The European Parliament on Thursday passed with overwhelming majority the Baroness Emma Nicholson report on Kashmir criticising the human rights situation in the Pakistani side of Kashmir.

Prior to the debate on the report at the plenary session of the European Parliament, Baroness Nicholson responded to a letter which she had received from Saeed Khalid, Pakistan�s Ambassador to the European Union.

Earlier this week, Baroness Emma, who is also vice-chairperson of the European Parliament�s Committee on Foreign Affairs, in an unusual departure from diplomatic niceties deplored the recent outbreaks of violence in Karachi and said that the overwhelming need of the hour is to �secure an independent justice system to address the situation of the people of Pakistan, and particularly those of Azad Jammu and Kashmir and Gilgit and Baltistan�.

The report, which despite efforts from many quarters over many months has remained largely anti-Pakistan and pro-India, refutes Pakistan�s historic position on the Northern Areas as responding to Ambassador Khalid�s contention that the Northern Areas of Pakistan were never a part of Jammu and Kashmir, and that the Siachen Glacier formed a part of the Northern Areas, Baroness Nicholson said that she could not �commend� the Pakistan government�s �new position� to the European Parliament.

She claimed that she had rigorously revisited her earlier research on the geography and history of the region, including checking of maps, treaties, historic documents and speeches from 1846 till date, and had come to the conclusion that the Northern Areas belonged to the sovereignty of Kashmir.

On the issue of Siachen Glacier as well, Ms Nicholson showed her Indian leanings and said that she could not incorporate Pakistan�s viewpoint on the issue that the Siachen Glacier belonged the Northern Areas into the final report, as the �issue only found small mention in the report, and new section would have to be created to adopt the eleven paragraphs of information provided by Islamabad�.

She has recommended that the government of Pakistan endorsed and implemented the judgment of the Supreme Court of Pakistan of May 28, 1999 which validated the Kashmiri heritage of the people of Gilgit and Baltistan and said the government should implement their fundamental human rights, democratic freedoms and access to justice.

She said Pakistan had failed to fulfil its obligations to introduce meaningful and representative democratic structures on its side of Kashmir.

Ms Nicholson is particularly critical of the fact that the Pakistan side of Kashmir is governed through the ministry of Kashmir affairs in Islamabad, that Pakistan officials dominate the Kashmir Council and that the chief secretary, Inspector-General of Police, accountant-general and finance secretary are all from Pakistan.

She has also expressed her disapproval of the provision in the 1974 Interim Constitution, which forbids any political activity that is not in accordance with the doctrine of Jammu and Kashmir, as part of Pakistan, and obliges any candidate for a parliamentary seat in AJK to sign a declaration of loyalty to that effect.

That the Gilgit-Baltistan region enjoys no form of democratic representation whatsoever has also caused her concern.





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No Amnesty for India!

No Amnesty for India!
BY A STAFF REPORTER | Friday, May 25, 2007 10:21:4 IST
Amnesty International�s Report has docked the government of India on issues such as the lack of rehabilitation and human rights

The Annual Report of Human Rights for the year 2007, was released on May 23, 2007. The report was released simultaneously across 21 centres in the country, including Mumbai. The report was divided into two parts, a large book that highlighted the violation of Human Rights across the Asia Pacific region, and a smaller India specific booklet.
The panel included Sanjeev Poojary, the regional director and Amit Murugkar, a member of the Mumbai Group of Amnesty International. The chief guest was Shabana Azmi, an actor who is known for her outspoken nature as member of the Rajya Sabha, and as the Chairman of Niwara Hakh, a group fighting for slum dwellers rights.
The report was released by Shabana Azmi. Throughout the launch, Azmi emphasized on the fact that India did not have clear rehabilitation laws, and that it desperately needed to amend the laws that related to land acquisition. The incorporation of rehabilitation laws within the framework of
the land acquisition law was a pressing need.
Azmi said, �It is important for the citizens of the country to take alleged rapes to an international level so that they can get the desired attention.� She commended the works of Chetna, the NGO that works towards bettering the lives of rape victims, and SEWA headed by Ela Bhatt. In her speech, she also mentioned the need for the strict implementation of the Convention for the Elimination of the Discrimination against Women (CEDAW) in India.
Keeping in mind the number of people displaced for infrastructural projects, in the last few years, Azmi questioned the need for such a sort of �progress�. Referring to the SEZ issue, Azmi said, �It is unfair to ask the farmers to sell their land at market rates as they do not understand the consequences. What are the grounds on which they are giving their land?� She highlighted that it was their right to be made a part of progress and that the people to be rehabilitated should be well paid for their contribution. Azmi mentioned that forty organisations were working towards providing their suggestions to the government about incorporating rehabilitation within land acquisition laws.
In 1984, the government had passed a bill to make rehabilitation an official part of the land acquisition laws, but it was not made into a law. Azmi questioned the need for large dams and the shifting out of tribals from areas that they called home. �Shifting tribals from their homes is causing health problems for women and children. They should be allotted rights and nobody should be allowed to violate these indigenous people under the United Nations Convention for Indigenous People,� said Azmi.
Azmi also focused on the AIDS epidemic. She said that it should be made mandatory that people were educated about the disease so as to prevent people from chaining victims outside their homes and beating them up. Finally, she said that the true challenge of Amnesty was to coax people to take these reports seriously, and force their respective governments to take stringent action towards implementing them.
Snajeev Poojari, the Regional Director, read excerpts from the report on India. �The world is living in an atmosphere of fear. People are deprived of their basic human rights,� he said. He blamed the US as the main perpetrator of violence. He raised the issue of fake encounters in Gujarat and the killing of innocents all over the globe. He referred to projects of infrastructure, SEZ, beautification and large dams as a �betrayal of basic human rights.�
The report has widely criticised the government for not repealing the authoritarian Armed Forces (Special Powers) Act in Manipur. It refers to the constant abuse of human rights in the states of Jammu and Kashmir and the seven sisters of the north east.
It raises the issue compensation from Union Carbide. The report has also highlighted the subject of capital punishment mentioning that the Government of India sentenced 40 people to death in 2006, although no executions were carried out. Amnesty International is known for its fight against capital punishment the world over. It raised the question of the safety of civilians with reference to the Mumbai train blasts.
In full perspective, the report seeks to move the Indian government in working to make the country a place safe for everyone to live in, with dignity, respect and their basic human rights. It
requests the government to stop �grossly undermining Human Rights in India.�






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Sunday, May 20, 2007

The Moral Highs of India’s “Cultural Nationalists”

The Moral Highs of India's "Cultural Nationalists"


by Badri Raina

Saturday 19 May 2007


India's Hindu Right-wing is currently in the moral doghouse. Curious fate for an ideological set-up that stridently claims proprietary rights to the terrain of "values". It is another matter that some fifteen years after they razed the mosque at Ayodhya in a despicable act of profound irreligion, the more conscientious even among Hindu saints and sadhus now openly characterise the BJP as in fact an unprincipled jamboree of crass atheists for whom the building of the Ram temple has been nothing more than a cynical ploy to garner Hindu-communal votes. Objective and knowled-geable political analysts have of course long learnt to identify the Hindu Right that routinely mouths the slogan of "cultural nationalism" as a proto-fascist phenomenon.

But to be now repeatedly found out as perhaps morally the most bankrupt among India's major political formations must seem grievous and galling. Not because such bankruptcy is any surprise to the BJP itself, since its gestalt has always willingly replicated the low mercantile cunning of the successful retailer, but because its camouflage of pieties stands publicly shred to smithereens.

It all began some years ago (speaking, that is, only of recent times) when no less than the BJP party President was captured on hidden camera extending a copious palm to collar hefty wads of graft as earnest to pursuing a defence purchase deal.

This category of moral corruption was to be followed up during the NDA regime by several mega-scams which involved the allotment of choice urban plots of land to RSS cronies at throwaway prices, as also petrol pump dealerships likewise—something that continues to happen routinely wherever the party is voted to power.

During the tenure of the current UPA Government, the most notable instance has been the hidden-camera exposure of a slew of BJP Members of India's Parliament accepting moneys for raising queries in the House, whatever queries that is.

As of this moment, the high moral podium is occupied by two honourable BJP Members of Parliament (again) who have been caught running a most lucrative human trafficking racket. The investigating agencies have unearthed a plethora of fake passports and fake identities—instruments that have been used repeatedly to cart women abroad in the guise of spouses in lieu of astronomical dividends, some to join their real spouses, and many others, as it now turns out, as fodder for the blue-film industry. Most of the latter on false pretences. Wretchedly, one of these two MPs is not just from Gujarat but close to Narendra Modi.

Now, as is well-known, Right-wing funda-mentalists the world over have always sought to identify free female sexual choice as the one indubitable source of "immorality". The literature here is copious. Hindu "cultural nationalists" are of a piece here, although, arguably, the history even of savarna Hindu thought provides some more emancipatory traditions as well, until women began to become the political focus of a regimentation directed ostensibly against the "invaders"—Mughal, Afghan, or colonial—Christian—but ploughed to cement a male-militarist majoritarian future. Note that the constitution of the RSS which came into coerced existence as late as 1949 offers memberships only to the male of the species. Borrowing explicitly from both Italian fascism and Nazi racism, the RSS has held that women are best obliged to bear and rear the species, and to mind the hearth and the home.

Which is why the Hindu Right-wing, much like the Taliban, approaches the matter in two complementary ways. On the one hand their vigilantes (currently with menacing frequency) trash art forms or reading materials that represent women as agents of free choice, bash consenting young men and women, be it at college, or in the public park, or in the new-fangled malls—men and women who might just be walking side by side or holding hands—and do positive violence to such couples, if not foment a communal conflagaration, should they be inter-community twosomes. On the other hand, however, where the sleazy shenanigans of top Hindu Right-wing mentors come to light, recourse is made to aggressive denial and to invoking the conspiracy theory.

Not long ago, a highly placed RSS apparatchik who had been installed to mentor the BJP was caught, once again, on hidden camera (damn the dirty instrument) having a rather jolly time, refreshingly oblivious of the pieties of Right-wingism. But, lo and behold, a friendly BJP State Government and its wholly subservient state-apparatus went to work and defaced the Compact Disc before submission to the enquiring authority. At which it was proved that the whole thing had been yet another attempt by frustrated pseudo-secularists to blacken the shining moral face of the saintly Sangh Parivar.

And just the other day news has come that an honourable Minister in the BJP Government in Uttarakhand might have something to do with the call-girl career and subsequent murder of one Neelam. True to pattern, the honourable Minister disavows the least knowledge of this deceased wretch, even as a maverick channel dredges up evidence of acquaintance between the two going back some three years in the holy town of Hardwar.

Yet other instances have involved sex-rackets run by venerated sadhus who run fat-cat temples and matths, and sleaze, property-related violence and murder among saffron owners of various akhardas (literally plots of ground reserved for training of recruits in martial activity like wrestling and so on). In the racket that pertained to the Naranyanswami temple in Gujarat, indeed, the video-graphic evidence was too compelling to afford denial, although righteous indignation was expressed that the media were put upto the job out of spite. In most of these cases, not the one who is found out but the one who finds out is held guilty of immoral conduct.

II

SPEAKING of morality, you would think that lying constitutes a bad case of immorality. As we know, "thou shall not lie" is one of the commandments. That, however, has never prevented either Christian or Hindu fundamen-talists from lying with aplomb. The world has not forgotten Watergate, nor has the current Christian Right in America minded one bit the lies that the Bush regime spawned one after the other preparatory to its Iraq invasion—and that it continues to spawn and defend with "patriotic" self-righteousness.

During the course of the elections now underway in Uttar Pradesh, the BJP formally released a Compact Disc chokeful of venomous lies and abuse about Muslims. Once caught by alert segments of the media, the Hindu Right-wing lied to its teeth to say the CD was not an "authorised" one, and that no one in the BJP knew anything about what it contained! So blatant has this episode of abysmal lying been that regardless of the BJP's disclaimers the matter has found cognisance with the Election Commission of India which is to adjudicate what punishment to mete out to the party. There is, of course, no telling what the Commission might do.

Or take the matter of the Godhra train burning of 2002—an occurrence that Modi, out-Goebbeleseing Goebbles, bled to the drop as his argument for the existence of the WMD among the Muslims of Gujarat, and using it without the least qualm to engender the massacre of some two thousand innocent lives.

It took the meticulous and non-partisan work of the Justice U.C. Bannerjee Commission to expose the heinous falsehood that the affected coach of the Sabarmati Express which was carrying saffron kar sevaks back from their triumphant act of destruction and desecration in Ayodhya was set afire from the outside as an act of pre-meditated "Islamist" conspiracy. Notwithstanding the campaign of calumny that was launched against Bannerjee, it now seems that the evidence of accidental fire from the inside is so compelling, and any other possibility so unsupported by the facts of the case, that the Nanavati Commission (report to be submitted) as well may have no other finding to report, its predilections notwithstanding.

III

FINALLY, if the Gujarat carnage had not been enough proof of the moral timbre of the Hindu Right-wing, let us talk about plain good old murder that brooks no mitigation.

It has now been officially reported by an upright police officer of the Gujarat CID (since removed), one DIG Geeta Johri, that the "encounter" in which one Sohrabuddin was liquidated by the Gujarat Police in November of 2005 was, after all, a "fake" encounter, and, to put it simply, an act of murder. And the ones committing that act were not exactly some low-level constables, but two IPS officers, Vanzara and Pandiya, both close to the Home Minister, Amit Shah, and in turn to Nero-Modi himself.

Within hours literally, under the say-so of the Supreme Court of India which was pleased to issue habeus corpus for the production of Sohrabuddin's missing wife, Kausar Bee, the Gujarat Government has had to spill further beans (terrified that should it not, the case will be handed over to the Central CBI); it now acknowledges that the good lady, witness to her husband's murder, has also been put to sleep, then burnt in the vicinity of the Vanzara house, and her ashes and remainders scattered in the nearby fields. Particularly piquant is the further fact (from the point of view of Modi's Hindutva followers who wish to think that Hindus matter to him in some special way) that one Tulsi Ram Prajapati, an informer to the Gujarat Police, has likewise been liquidated to obviate any leaks. Some news channels report that another three or four Hindus have suffered the same fatal consequence. The case of referral to the CBI is now before the honourable Supreme Court for order.

Speaking of which, it is to be recalled that the father of the late Haren Pandya, the erstwhile Member of Modi's Cabinet who fell out as a "dissident" and was one morning assassinated during his routine walk, to this day publicly holds none other than Modi guilty of his son's murder. Morality piling on morality, and murder on murder; in between bribery, sleaze, lying and violent vigilantism, leading upto murder. Not to speak of those magnificently "nationalist" episodes during which minority Muslims are ostracised, terrified, maimed, burnt, and killed; or, as in the recent most case again, when a Christian school principal and preacher is set upon by the Bajrang Dal for expressing Christian views, and wounded to the bone. Or when whole Dalit slum colonies are razed, Dalit women raped and killed, and, in one case recently, four Dalit young men ritualistically murdered inch by inch in public view to the accompaniment of animal grunts of approval from caste Hindus. All in the name of occupying the moral high ground. IV

THERE is another aspect to the redoubtable moral timbre of the Hindu Right-wing fraternity. When the moral chips come apart, the fraternity jells into a rabid and shameless cacophony. Not one of the Sangh-associated intellectuals musters the integrity to call a lie a lie, a sleazy act a sleazy act, an act of moolah corruption an act of moolah corruption, a murder a murder, not to speak of a pogrom a pogrom.

By contrast, the history even of the Congress party (no stranger to corruption) is replete with instances of high moral conduct, even of open revolt. A knowledgeable journalist (Pankaj Vohra, HT, April 30, 2007) has pointed out how the imposition of the internal Emergency in 1975 led to such a revolt by a clutch of younger Congress-men and women who came to be called the "Young Turks". Indeed, were one to go as far back as India's first election (1952) one would come across recorded instance of a stunning moral character (the like of which may not be available anywhere). This is one when Jawaharlal Nehru, electioneering in the then REWA State, at the end of his speech admonished the crowd not to vote for the Congress candidate sitting next to him because he was a corrupt fellow. Those were the days.

Or take the recent Nandigram episode where on March 14, fourteen people lost their lives to police firing. Such a thing may have happened but once in the thirty years of uninterrupted rule by the Left Front, yet the occurrence drew instant criticism from known Left intellectuals, including humble ones like the present writer. (See my "Nandigram and the Left", Z-net, April 11, 2007.) To this day, however, one hears nothing but rabid and disingenuous defences or justifications of the unspeakable Gujarat carnage of 2002. Even the needlessly lauded Atal Behari Vajpayee was to eat his hesitant words of paternal admonition in deference to the gang-up.

V

WHERE, then, does all that leave us and the Hindu "cultural nationalists"? Certain all-too-real class realities need to be noted. India's comprador corporates and the media channels that speak for them may now and again be embarrassed by the communal politics of the Hindu Right-wing, if not so much as a revulsion against Hindu communa-lism per se as an irritation at the instability such a politics causes in the even and unthwarted operations of the market, yet they manage to return to view the aberrations of the Hindu Right-wing crassnesses with an ameliorative eye. The most handy manoeuvre employed is to say "hamaam mein sab nange hein", ergo, who is there who is not naked in the bath. Translated, all politicians and parties are of one rotten fibre built. Of course, were the same irresponsible generalisation to be made about the media, a huge outcry would follow.

The fact is that, never sure of the temperament of the Congress (now bourgeois, now Third-Worldist, now anti-colonialist, now social-democratic, now seeking proximity to the superpower, now hell-bent on quotas, and usually reluctant to be easy on first-name terms with the media, often aristocratic in memory and gloating in its history), it is the BJP that offers the corporate world an uncomplicatedly congenial platform. Be it disinvestment in the public sector, be it transfer of assets to private hands, be it throwing open the market to global predators, or be it seeking a close relationship with Israel and America on the grounds of a common anti-Muslim agenda, backed up by militarism at home, or indeed be it unifying the nation around a sexy Hindu ethos as an insusrance against Left-wing consolidation (notice the corporate executive suit and tie informed by the kalava around the wrist)—the BJP fits the corporate bill. And it needs to be recognised that a great part of the Hindu Right-wing bravado even in the teeth of shameful shenanigans, the least of which would be enough to do in any of the other political parties, owes to the assurance it always has that where the least misdeed of the Congress or the Left, or the regional outfits led by the Other Backward Classes will be certified to draw corporate media fire, its worst criminalities are slated to receive kid-glove disapproval. You would need to watch a lot of television with sustained attention to recognise the truth of this, because often the casting of tone, time space and panel selection is so astute that the channel can claim perfect impartiality. Until of course something happens in the internal mechanics of any particular channel ownership in relation to the power structure that sides seem to change overnight.

It is therefore for ordinary citizens of India to carry forward the message that often those that claim closest proximity to church or temple or mosque are the ones who are farthest from god. This is a task that, of course, the Left-wing must lead and carry forward relentlessly in close association with the dedicated and selfless civil society agents who sustain the people's agendas in admirable ways.

(Courtesy : Z-net, May 2, 2007)





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Thursday, March 08, 2007

US human rights report highlights abuses in India

US human rights report highlights abuses in India

According to the State Department's annual human rights report, extrajudicial killings, disappearances, and torture of religious minorities remain serious issues. Some Indian states have adopted 'anti-conversion' laws.

http://www.speroforum.com/site/article.asp?idarticle=8321 

In India, the world's biggest democracy, extrajudicial killings of people in custody, disappearances and torture of members of religious minorities remain serious issues that must be tackled, this according to the US State Department's 2006 Human Rights Report released this week.

The Catholic Church and Indian Catholic activists agree. In many Indian states anti-minority policies are such that one can expect the presence of Christians in Indian institutions will be reduced to unprecedented levels.

In its report, the US State Department also said "attacks against religious minorities and the promulgation of anti-religious conversion laws were (areas of) concern."

Mgr Stanislaus Fernandes, who is the secretary general of the Catholic Bishops' Conference of India, told AsiaNews that  the "Indian Church has consistently opposed the very  need of these anti-conversion laws" adopted in states ruled by the Bharatiya Janata Party (BJP), and now even in Himachal Pradesh, where the 'secular' Congress Party is in power.

For the prelate, "there is a legal system in India which can cope with any malpractice in alleged cases of religious abuse."

In his view, anti-conversion legislation is politically motivated against minorities and violates the constitution and fundamental human rights.

"Indian Christians constitute a mere 2.4 per cent or so of the population, and this figure is declining because now Christians, including Catholics, opt for one child or two children in nuclear families. In such a situation, there is a growing feeling that within the next 20 years or so, our presence in Indian civil, administrative, judicial and infrastructure services  will decline to a level where we will have absolute no control over our destiny," said John Dayal, who heads the All India Catholic Union.

The situation is critical especially since some "Hindu hardliners interpret ineffective investigation and prosecution of their attacks on religious minorities as evidence that they could commit such violence with impunity," the State Department report suggested.

And apparent ideological ties between the Rashtriya Swayamsevak Sangh and BJP state governments may influence the BJP's response to acts of violence against religious minorities.

"The government of India may only be occasionally embarrassed by US, UN and European reports," John Dayal said, "but they are none the less a constant reminder that the world is watching the biggest democracy in action."

 

Dr. Sudip Minhas
Executive Director
Voices For Freedom
www.voicesforfreedom.org
info@voicesforfreedom.org



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US finds 'numerous serious' human rights problems in India

US finds 'numerous serious' human rights problems in India

http://mangalorean.com/news.php?newstype=local&newsid=40161

Washington, March 8 (IANS) The United States says the Indian government generally respected the rights of its citizens but still faced "numerous serious problems" like extra-judicial killings of persons in custody, disappearances, torture and rape by police and security forces. It also acknowledged lapses in its own handling of terror suspects.

"While the civilian authorities generally maintained effective control of the security forces, there were frequent instances in which some elements acted independently of government authority," said the State Department's annual Country Reports on Human Rights Practices released here Tuesday.

Unusually, the Congressionally mandated annual report card of 196 countries acknowledged that the United States, too, had fallen short of international standards in its handling of terrorist suspects. "Our democratic system of government is not infallible, but it is accountable," it said.

Barry Lowenkron, the assistant secretary of state for democracy, human rights and labour matters, admitted "that we are issuing this report at a time when our own record, and actions we have taken to respond to the terrorist attacks against us, have been questioned. We will continue to respond to the concerns of others."

Amnesty International welcomed Washington's new candour, but its executive director for US, Larry Cox, said that, "until the United States changes its own policies of holding detainees indefinitely, in secret prisons and without basic rights, it cannot credibly be viewed as a world human rights leader."

Suggesting that US Foreign policy hinders human rights work around the world, he said that if the Bush administration persists in allowing other considerations to trump human rights concerns, the real-world impact of these reports will be greatly diminished."

"There are many countries listed in these reports that have questionable human rights records, including Turkey, India, Ethiopia and Saudi Arabia," said Cox.

With the release of this year's reports, Americans are "recommitting ourselves to stand with those courageous men and women who struggle for their freedom and their rights," Secretary of State Condoleeza Rice said.

"And we are recommitting ourselves to call every government to account that still treats the basic rights of its citizens as options rather than, in President Bush's words, the non-negotiable demands of human dignity," she said.

In the case of India, the State Department report noted that it is a longstanding and stable multiparty, federal, parliamentary democracy with a bicameral parliament and a population of approximately 1.1 billion. Manmohan Singh, it noted was named prime minister following his Congress Party-led coalition's victory in the 2004 general elections, which were considered free and fair, despite scattered episodes of violence.

But, the report said serious internal conflicts affected the state of Jammu and Kashmir, as well as several states in the northeast. The Naxalite conflict affected Andhra Pradesh, Orissa, Chhattisgarh, Jharkhand, Bihar, Uttar Pradesh, Madhya Pradesh, West Bengal, and eastern Maharashtra.

The lack of accountability permeated the government and security forces, creating an atmosphere in which human rights violations often went unpunished. Although the country has numerous laws protecting human rights, enforcement was lax and convictions were rare, it said.

Poor prison conditions, lengthy pre-trial detention without charge, and prolonged detentions while undergoing trial remained significant problems.

Government officials used special antiterrorism legislation to justify the excessive use of force while combating terrorism and active, violent insurgencies in Jammu and Kashmir and several northeastern states, the report said.

Security force officials who committed human rights abuses generally enjoyed de facto impunity, although there were investigations into individual abuse cases as well as punishment of some perpetrators by the court system.

Corruption was endemic in the government and police forces, and the government made little attempt to combat the problem, except for a few instances highlighted by the media, it said.

The government continued to apply restrictions to the travel and activities of visiting experts and scholars, the report said.

Attacks against religious minorities and the promulgation of antireligious conversion laws were concerns. Social acceptance of caste-based discrimination remained a problem, and for many, validated human rights violations against persons belonging to lower castes.

Domestic violence and abuses against women such as dowry-related deaths, honour crimes, female infanticide and feticide, and trafficking in persons remained significant problems. Exploitation of indentured, bonded, and child labour were ongoing problems.

Separatist guerrillas and terrorists in Kashmir, the northeast, and the Naxalite belt committed numerous serious abuses, including killing armed forces personnel, police, government officials, judges, and civilians.

Insurgents also engaged in widespread torture, rape, and other forms of violence, including beheadings, kidnapping, and extortion.

In June 2005 the government passed the Right to Information Act (RTI), mandating stringent penalties for failure to provide information or affecting its flow, and requiring agencies to self-reveal sensitive information. The implementation of the act marked a departure from the culture of secrecy that traditionally surrounded the government's rule making, the report said.

IANS





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Tuesday, December 12, 2006

A Statement by the Asian Human Rights Commission

http://www.ahrchk.net/statements/mainfile.php/2006statements/855/
INDIA: Failed justice mechanisms ensure most Indians do not benefit from economic development

More than 70% of the Indians are being left behind and ignored in India, while the government is lauding the country's developed status. The Asian Human Rights Commission (AHRC) has noted through its work that there was no improvement in the human rights standards in India during 2006, as compared with the economic growth that the country has achieved in the same period. The AHRC has received numerous cases of gross human rights violations from India during the year, which lead it to believe that there has been no improvement in the human rights situation compared with the previous year.

The primary institutions responsible for promoting, protecting and fulfilling human rights include the courts and other elements of the justice delivery system, such as the police and the prosecution department. All three establishments and their performances during this year in safeguarding human rights in India remain at a dismal low. Delays in courts, the widespread use of torture, the lack of accountability of the police and the pitiful performance of the prosecution department, have literally alienated the poor in the country.

India's union and state governments have taken no steps whatsoever to reduce the delays to cases in courts. The situation remains the same as it has been over the past decade; cases, under ordinary circumstances, take a minimum of ten years to be decided upon, even at the first instance. It is thought that several hundred thousand additional cases will have been added this year to the already lengthy list of those in courts, further increasing delays. This situation requires urgent attention, which has been acknowledged by numerous current judges. The pressure felt in the higher courts has led to disposal targets being set for the lower courts. The lower courts are under pressure to meet the disposal targets set up by the higher courts, such as the High Courts and the Supreme Court, causing the summary disposal of cases at the lower courts, which dismiss cases on technical defaults rather than as the result of the consideration of the cases' merits. The infrastructure provided to these courts has not improved; in fact, it has even been reduced by the State.

In addition, the higher courts have now started shifting from a broader approach to a much narrower one concerning human rights. This is true particularly in the case of the right to adequate housing. Several mass-demolitions were executed by the government, with the seal of approval of the courts in 2006. The massive demolition of slums in Delhi, Bombay, Kolkata and elsewhere in India are sad reminders of a court system that is increasingly catering to the interests of the executive government. The demolitions were sanctioned by the courts in the name of development. Thousands of Indians who were already destined to live in appalling conditions, now find themselves facing real threats to their survival as a result of court orders.

Policing in India has also not shown any improvements during the year. The widespread use of custodial torture has been reported from various parts of India. The number of custodial deaths and deaths resulting from suspicious circumstances that have been reported from regions that are not normally associated with such violence by the police, like Kerala, has been on the rise. Cases received by the AHRC indicate that torture was being used as a central part of criminal investigations. Even though the prime minister declared early in the year that the country would soon be ratifying the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, the AHRC doubts whether there has been any progress made regarding this. To date, custodial torture remains to be made a crime in India. There are no practical and reasonable avenues through which a victim of custodial violence can seek redress in India, other than via the expensive process of approaching the constitutional courts.

While law enforcement officers continue to enjoy impunity, the initiatives taken by the Supreme Court of India in its decision in the Prakash Singh & Others v. Union of India and Others case, are now effectively being sabotaged by the protracted implementation of the directives of the Court by the government. In its decision, the Court had observed that the government must take immediate measures to address complaints against police officers, and to put mechanisms in place to reduce the political influence being exerted on the policing system. The Court relied upon the reports of earlier commissions and the National Human Rights Commission to conclude that the government must immediately take appropriate steps to address the issues that reduce policing in India to a despicable state. December 31 has been set as the deadline by the Court for the government to implement the Court's order. However, the government is still trying to file a revision against the judgment at present.

This attempt by the government to retain the unchallenged control of the police has also been reflected in the increase of deaths from starvation in India. Starvation deaths are precipitated by corrupt and unaccountable policing in India. The local police, instead of charging corrupt food distribution agents with crimes, are conniving with these agents, allowing them to sell the food that was intended to be distributed to the poor in the black market. The response by the government remains that of defiance and ignorance. The maximum number of starvations deaths were reported in West Bengal, Uttar Pradesh, Bihar and Jharkant states during this year.

Courts and public prosecutors depend upon the local police in order to ensure the successful prosecution of a human rights violation case. The fear that the local police have injected into ordinary persons, through the widespread use of torture and violence, allied with the ineptitude of the public prosecutors¡¦ office to conduct a proper prosecution, and decades of delays in courts, have alienated such persons from the justice dispensation mechanisms in the country. Support mechanisms such as the human rights commissions also depend upon the local police to investigate cases of human rights violations. This dependency combined with the police's poor image has negatively affected the trust that ordinary persons have concerning these mechanisms.

Discrimination based on caste is yet another issue that the government has failed to address. Caste-based discrimination continues unabated in India, particularly in societies that are still under feudal control. In theory, India is a democracy, however, in practice, rural villages in India, particularly those in the northern states and in Karnataka and Tamilnadu in the south, are still under the control of feudal lords. The Dalits and members of the lower castes face the main brunt of abuses related to this phenomenon. Instead of trying to prevent further atrocities committed against the lower castes, the government is unfortunately avoiding any discussion concerning such issues. The AHRC¡¦s sister organization, the ALRC, will soon be submitting an alternate report to the United Nations Committee against Racial Discrimination, to coincide with the examination of India's country report by the Committee. The AHRC will also be releasing a detailed country report on India in the following days.

Experiences gained during 2006 reiterated that protection and promotion of human rights can only become a reality if the justice delivery mechanism in the country becomes trustworthy and reasonable. Reforms to the existing system must begin with the halting of the culture of impunity currently being enjoyed by members of the law enforcement agencies. There must also be positive and immediate steps taken to address long delays to court cases. If these two issues are ignored any further, the situation of the rule of law will further deteriorate in India and risk reaching a sate of collapse.

India now claims that the economic growth it has attained in recent years is an indicator of the improvement of rule of law in the country. If at all, this directly proportional relationship may only exist in countries where economic development benefits the majority of the population. In India, however, the benefits resulting from the current pace of economic growth are limited to a mere 20% of its population. Can a state be justified in referring to itself as being a democracy when more than 70% of its population is yet to experience the benefits of its economic growth? Can a government¡¦s actions be justified when it tries to undermine every attempt to improve its policing system? Can a country justify its failure to address discrimination based on caste, which is affecting a large section of its population? Only when the government takes steps to address these issues, will concepts like independence and development make any sense to the citizens of India.

Sunday, November 26, 2006

CITY SUPPLEMENTS: AHMEDABAD TIMES

CITY SUPPLEMENTS: AHMEDABAD TIMES
25 Nov, 2006
http://timesofindia.indiatimes.com/NEWS/City_Supplements/Ahmedabad_Times/Bitter-sweet_home_truths/articleshow/573891.cms
A big happy Indian family might be Bollywood's favourite theme for a dream . But reality is not always so rosy. The National Crime Record Bureau (NCRB) registers a case of cruelty by husbands and relatives every nine minutes. The National Commission for Women has in 2003-04 recorded 902 cases of dowry harassment and 310 cases of matrimonial disputes. Even as Rahul and Shweta Mahajan deny reports of alleged domestic violence, the Protection of Women from Domestic Violence Act, (DVA) 2005 gains prominence. How far will the Act succeed in empowering women? A ray of hope: DVA attempts to look at bitter home truths like marital rape and child abuse. "I would call DVA a dynamic act and its scope is wide. Every woman in a household is protected within this act," says Sheba George of Sahr Waru. Agrees Aditi Desai, a theatre personality, "DVA will give a fresh lease of life to women. It's a fact that homes are not always a safe place for women. The Act is not confined to physical violence but also includes verbal, emotional and economic violence." And for the first time in India, rights have been given to women who share a live-in-relationship. Beyond the Act: But will women come forward to use this Act? Says, Leela Visaria, an independent researcher on population and gender issues, "We have excellent laws but the same can't be said about their implementation. Laws don't bring social change. Mindsets do." Agrees Sapna Swami, a victim of domestic violence, "The laws might be good but they don't help needy women. I went through mental torture from my husband's family. When I wanted to lodge a complaint, I was subjected to emotional blackmailing. In the end I had to withdraw the case." Radhika Mathur (name changed), who is in a live-in relationship however, is positive: "Being educated I would prefer to solve a problem between ourselves. But if it gets serious, then I would like to use this law." Predictably the law has not gone down well with some men who feel that a few women will misuse this act to settle scores. Says Dashrath Devda, President of the All India Crime Against Men By Women Sangh: "If there is 498A for women then there should be a 498B for men as they also face domestic violence. We have 22,716 men in our association which proves men can also be victims of domestic violence." But then it's also a fact that according to the National Crime Records Bureau, there were 1,55,552 crimes committed against women last year, 68,810 of which were related to domestic violence. Implementing the act: The draft Act provides for the appointment of Protection Officers and NGOs to provide assistance to a woman, like medical examination, legal aid and safe shelter. Senior lawyers and activists express apprehension over the ambiguity of budgetary allocation to appoint protection officers. Says Sophia Khan, lawyer and human rights activist: "The state governments have to formulate this civil act. We need agencies and qualified protection officers to deal with such sensitive cases. While some states are considering implementing the act at Taluka level, some are considering it at the district level." Adds Sheba George: "In addition to the nodal agency, the role of protection officers is important. The state government has to take adequate steps. Activists agree that it's necessary to create awareness among all strata of women regarding this act. That's a task which will require some effort.

Friday, November 24, 2006

PIL seeks policy to prevent child marriages

PIL seeks policy to prevent child marriages
Bageshree S.
http://www.hindu.com/2006/11/25/stories/2006112509060100.htm
`46.03 per cent of girls in the State are married before they turn 18'
56 cases registered in the country during 1998-99
`Age proof should be made mandatory in all mass marriages'
CAUGHT UNAWARES: A May 2004 file picture of child brides and their grooms at a mass marriage in Kurgodu of Bellary district. — Photo: The Hindu archives
Bangalore: The National Family Health Survey (NFHS) of 1998-99 states that 46.03 per cent of girls are married before they turn 18 in Karnataka. But the number of child marriage cases registered in the country in the same year was as low as 56.
How do so many child marriages escape the notice of law even though The Child Marriage Restraint Act was passed in 1929?
Pertinent
This question becomes more pertinent in a State that brought Child Marriage Restraint (Karnataka Amendment) Act in 2004 to make anti-child marriage laws more effective.
This question has been raised in a Public Interest Litigation (PIL) filed by the Human Rights Law Network (HRLN).
Evidence
The case, first of its kind in Karnataka, draws from evidence of child marriages in Bijapur and Bagalkot districts, documented by Rural Education and Child Health Society of India (REACHS-I).
Interestingly, most of them were solemnised in mass marriages conducted by religious institutions, often attended by political leaders and officials.
Significantly, one of the mass marriages cited in the Public Interest Litigation - at Javalageri village in Sindhanur taluk in May 2006 - was attended by Chief Minister H.D. Kumaraswamy.
K. Boodeppa of Rural Education and Child Health Society of India says that he has documented evidence of child marriages since 2004 in the two districts, including video footage.
Appeal
His organisation has appealed to the Chief Minister, State Women's Commission and other offices concerned several times seeking that age proof should be made mandatory in all mass marriages.
"But child marriages continue and the administration turns a blind eye to them," Mr. Boodeppa says.
Survey
The petitioners have sought a clear policy guideline on prevention of child marriage and a survey to quantify the extent of child marriages.
In one crucial reference, they have stated that the parents of the children married should not be prosecuted for the crime since most of them come from poor backgrounds. "Some of them do not even know it is illegal. Awareness is abysmally low in these drought-hit areas," Mr. Boodeppa says.
Sheela Ramanathan of the Human Rights Law Network, who visited some of the villages where child marriage is rampant, points out that it also has to be seen in the light of fears about a girl child's safety.
Schools far away
"Schools are far away in many of these villages and people feel that it is not safe to send their girl children to them," she says.
Parents prefer to "shift the burden of safeguarding the girl child to the husband". Ironically, girls married off early face other risks to their health owing to early pregnancies.
Victims
They also often become victims of sexual abuse and domestic violence.
The petition states that child marriages amount to violating an individual's "Constitutional right to life, health, dignity and opportunity to develop".

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