Monday, February 18, 2019

Assistance provided to survivor of torture in one year

Medical Support:

o   Health Camp: On 30th December, 2018 PVCHR organized health camp in Anei Musahar basti, Harhua block of Varanasi district for survivors of torture and their families with the support from United Nation Voluntary Trust for Torture Victims (UNVFVT). In the camp total 131 people (63 children, 58 women and 7 male and 3 pregnant mothers) were diagnosed by Dr. Manish Singh (MS), Dr. Sandeep Singh (MD) and Dr. D.P Singh (Naturopathy).
o   Provided medical support to Nira Chauhan, survivors of rape and police torture who is suffering from psychosis in Government Mental Hospital.

Psychosocial support

·        The project provided psycho- social support through testimonial therapy to 108 survivors of torture in Sonbhadra, Ambedkar Nagar, Kasganj in Uttar Pradesh and Koderma in Jharkhand of India. In which 57 survivors were female and 51 survivors were male. It is noted that 68 % of the survivors were primary victims. 
......women often face practical barriers to accessing the appropriate support to begin the healing process. Many women have difficulty speaking about extremely traumatic experiences or refrain from seeking help because of societal, cultural or familial factors. “Female victims often feel more stigmatized and therefore do not receive treatment,” said Shirin Shabana Khan, from IRCT member centre PVCHR based in Varanasi, India........ Some IRCT centres have noted that adopting gender-based policies have helped shed light on previously unknown areas and have as such had a transformative effect on how services are provided to clients. “After the implementation of gender policies, we changed our approach and suddenly noticed that more than 90% of the secondary patients are female,” said Shirin Shabana Khan.  

Asia News, a Vatican City based news portal published news on urgent appeal in English, Italian and Chinese, which created an impact on Italian civil society and press. This case mentioned by Italian newspaper in context of news of viral selfie of children of marginalized communities. Newspaper describes, “Molti utenti, invece, sempresu Twitter hannodefinitoquesto “il selfie dell’anno” dal momentocheiltemadella povertàsoprattutto per quantoriguardai bambini è all’ordine del giorno in India, e in particolarenellostatodello Uttar Pradeshlaong Peoples’ Vigilance Committee on Human Rights (Pvchr), alla fine del 2018, ha lanciato un appellodisperato “per sostenereiminoripiùpovericherischiano di morire, patiscono fame, torture e trasferimentiforzati come sfollatiinterni”.”

The psycho – social support through testimonial therapy assisted the female survivors of torture to depose their testimony before the Judicial Magistrate under 164 Cr.P.C.(

The impact of the project are on two levels: 1).   Breaking the culture of silence and eliminating fear and phobia through, providing psycho- social support through testimony therapy. TT reaches out to individual survivors but the impact of such therapy process for the individuals also impact to the families concerned. The experience of survivors that were shared in honour ceremonies were echoed to the communities and to the greater public. Such provides mirroring of the experience and the healing process radiates to the communities thereby achieving community healing and empowerment. Treatment, rehabilitation with empathy in project became integral part against culture of Impunity.

Folk school and Honor ceremony:

38 honor ceremonies were organized in Varanasi, Sonbhadra, Kasganj and Badaun district of Uttar Pradesh. In New Delhi the survivors of torture shared their self suffering in folk school. In folk school and honor ceremonies 2829 people (1396 female and 1502 male) participated.  The news reporting of the program published in all major and leading local newspaper and national news portals.  Project successfully brought people from the police department and different institution for brining the narratives of the survivors of torture for thejustice process.To provide support to the survivor of survivors of communal violence and police torture project organized folk school in Press Club of India on 21 March, 2018. More than 100 activists, lawyers, professors, students participated in the event which included victims from Kasganj violence who came to narrate their trauma and how the violence has uprooted their family, identity and economic life. The event aimed to stand up for Hindu-Muslim unity, create a narrative of togetherness in the current vulnerable, fragile and easily polarized discourse in India



o    On 15th February, 2018 blanket was distributed to 33 survivors of torture in the Consultation on Torture, narrative therapy, and justice in Varanasi and on 30th November, 2019 clothes, blankets and quilts was distributed to the 52 families of survivors of torture in Churk, Sonbhadra.

The folk school, the community meetings and the TT, all contributed in the process of making the survivor developed courage and become fearless breaking culture of silence as legal action against responsible police officials. The testimony became an instrument for nurturing hope and regaining honour towards achieving justice. It is inculcating resilience among survivors which is breaking impunity.

o   Follow up: The follow-up of 108 survivors were done on post monitoring and evaluation questionnaire based on the World Health Organization (WHO) well being mapping,ICF and Participation Scale.

1.     Legal:
2.1Meta – Legal: Project did Meta – legal intervention in 194 cases to various concerned authorities at state, National and UN level on the cases of torture, extra – judicial killing and false implication. The interventions were done on the basis of their narratives, urgent appeal and also on the torture cases published in newspaper across India.  The project also used Right to Information Act to know the proceeding of the case and submitting comment to concerned authorities for providing justice to the survivors. In one year,10093485 INR (141500.57 USD) was awarded in 28 cases of human rights violation. The Uttar Pradesh Government had started to order to pay the compensation to the survivor of torture through deducting the amount of ordered compensation from the salary of the concerned police officials. Few major’s outcome as follows on the incessant follow -up of the cases:

o   In the case of Shobha Ram, the National Human Rights Commission recommendation to the Govt. of Uttar Pradesh to pay a sum of Rs. 5 lakhs as monetary relief to NOK of the deceased Shobha Ram. The Chief Secretary, Govt. of Uttar Pradesh was required to submit compliance report along with proof of payment within 8 weeks. Pursuant to the direction of the Commission, Superintendent of Police, Lalitpur vide communication dated 01.09.2018 had informed that a sum of Rs. 5 lakhs has been paid to the NOK (brother) of the deceased Shobha Ram though e-banking and a copy of the receipt regarding payment has also been forwarded with the report.

o   On 5th February, 2018 project complained in the case of fake encounter of gym trainer in Noida to National Human Rights Commission.  The honourable commission also took suo- moto and recommends payment of Rs. 5 lakhs as relief in the fake encounter of a gym trainer in NOIDA on 3rd February, 2018; during investigation S.I. Vijay Darshan Sharma was arrested and sent to Jail. A charge sheet has been submitted U/Ss 308, 323, 504 IPC against S.I. Vijay Darshan Sharma under Sections 308, 323 and 504 IPC. Efforts are being made to arrest the remaining accused persons i.e. S.I. Pankaj Kumar and Constables Narendra Kumar and Kapil Dawas.

o   Project intervened in the case of the Rifat Jahan, who along with her family members were ill- treated and tortured by the police for advocating the case of her brother Salman and Aman with the concerned authorities.  Her both brothers were falsely fabricated in many cases by the police in the influence of Muscles man.   PVCHR intervened to National Human Rights Commission on the basis of her testimonies in case no. 25988/24/72/2017.  Immediately intervened in the encounter of her brother Salman to the NHRC and requested to provide medical treatment.   Assisted for legal intervention for providing safety to her brother while attending the court proceeding. On the petition Honorable Special Judge for the Prisoners ordered to Superintendent of Police to provide vehicle and safety to them. Honor ceremony of Rifat supported her intensively on emotional front and now she is more active against torture and ongoing police atrocities.  In her case Superintendent of Police (Human Rights), Uttar Pradesh is directed to submit clear/legible copies of the annexures of the report.

 o   On 13th June, 2018 the matter was intervened with National Commission for the Protection of Child Rights (NCPCR) in the case of the illegal detention and torture of the 14 years old boy in Mirzamurad police station. The NCPCR took cognizance and issued notice to District Magistrate, Varanasi. In the investigation report police officials found guilty and dispilinary action was taken against the involved police official i.e. Police inchage of Mirzamurad police station Shri Awneesh Kumar Rai and Head Constable Mahendra Singh and police Rajendra Prasad Shukla.

o   On 30th January, 2018 the matter was immediately intervened to National Human Rights commission, Director General of Police, Chief Minister, Government of Uttar Pradesh and Minister of Home Affairs In the case of the illegal detention of Rahul Yadav, Atul Yadav, Nishant Yadav and his father, Raju Yadav on 29th January, 2018 by the police. Raju and his family opposed the rioters who were burning the shops in the area. Rahul Yadav and Atul Yadav are kept at Kasganj police station but there was no information about Nishant Yadav and his father Raju Yadav. On the intervention they all were released. The National Human Rights Commission (NHRC) took cognizance and sent report for the comment. Comment was submitted to the honourable Commission and demanded by the independent team.  It was also intervened to the NHRC to provide compensation and Government service to family member. Due to intensive process and focus discussion help in peace building process and the situation of the Kasganjbecame normal.  The urgent appeal was released both in Hindi and English. The state Government provide compensation to the family whose shops or houses were burnt during violence. 

o   On 30th June, 2018 the matter was intervened with National Human Rights Commission in the case of the custodial death in Gopiganj police station. On 2nd July, 2018 the disciplinary action was taken against the involved police official and case under section 302 was registered against the Station House officer of Gopiganj. The matter is being under investigation of the State Human Rights Commission, Lucknow

o   In the case of trafficking and police inaction and torture  of girl Radha (name changed) daughter of SalukaJamdar resident of GulkedaGudasai under jurisdiction Chakradharpur West Singhbhumi, Jharkhad state of India. Shri padmakar Shukla, Assistant Secretary, Government of Uttar Pradesh in letter no 59/2018/21 आईआर/- मा०-1/2018-19-3 (109)/13 wrote to Additional Director General of Police, Uttar Police head quarter, Allahabad that he is directed to inform that in the question with the Human Rights Commission the human rights violation found in this matter. Hon’ble Governor of Uttar Pradesh accepted for the interim assistance of 1 lakhs Rupees to Radha. This interim assistance amount will be recovered from the alleged police official. Please visit to the URL to read more about suffering of Radha.

o   In the matter relates to torture and illegal detention of victim Sahil, aged 10 years by police of P.S. Lanka (Sunderpur), Varanasi, Uttar Pradesh. The Commission had recommended an amount of Rs.1, 00,000/- as interim relief to be paid to the victim. In response, Additional Superintendent of Police, Protocol in the Office of Senior Superintendent of Police, Varanasi, Uttar Pradesh vide communication dated 2.4.2018 has submitted the compliance report. Perusal of the same reveals that an amount of Rs.1, 00,000/- has been deposited on 9.1.2018 in the bank A/c No.616562080001282 of victim Sahil.

The criminal case registered in the matter has already been charge sheeted. the Chief Secretary, Government of Uttar Pradesh and Director General of Police, Uttar Pradesh shall take appropriate action against the delinquent police personnel, who were allegedly involved in beatings, intimidating and unlawfully detaining the victim boy at the police station. The District Magistrate and Senior Superintendent of Police, Varanasi, Uttar Pradesh shall ensure proper rehabilitation, education and security of the victim and will see that benefits of Social Welfare Legislations are extended to him..

o   In the case of the attachment of the property of Aslam Qureshi in the fake case registered against him in the communal riots in Kasganj. Immediately the Director General of Police took cognizance on the twitter and directed to police official Kasganj to immediately look into the matter and take necessary action. Apart from the notice, police de- attached his property and on 17th May 2018 in that matter NHRC took cognizance and issued notice to concerned authorities for taking necessary action.

o   In the case of the Savitri Devi the National Human Rights Commission a serious note of the human right violations caused by the public servants of police department in the present case. The Commission recommends that an interim relief of monetary compensation of Rs. 25,000/- (Rs. Twenty-five thousand only) shall be granted to the victim as per Section 18a(i) of the Protection of Human Rights Act, 1993, by the State of Uttar Pradesh. Chief Secretary, State of Uttar Pradesh is directed to submit the Compliance Report along with proof of payment within four weeks, without fail.

o   In the case of illegal detention and beating of two innocent youth in the fake case of killing their nephew. On 12 June, 2018 the matter was intervened with National Human Rights Commission, Chief Justice, Supreme Court of India and High court, Allahabad and Director General of police.  After 36 hours of the intervention 26 years old Ajay and 20 years old Vinod were released. Punitive action was taken against the station house officer.  Now case is in under investigation of State Human Rights Commission

o   In the case of police inaction of Nitesh Varanwa the Superintendent of Police, Koderma, Jharkhand had submitted his report to National Human Rights Commission. In the reported that with regard to the incident, P.S. Case No. 74/2015 dated 12.06.2015, U/sec. 302/34 IPC had been registered against 3-4 unidentified persons. During investigation, it has come on record that the victim had lost a sum of Rs. 2 Lakhs and due to depression, he has committed suicide. Final Report No. 54/2018 dated 29.08.2018 had been submitted.

o   In the case of police inaction and torture of a dalit women Sushila Devi resident of Mohalla, Daniyalpur, Pulkohna, Puranepul,  thana: Sarnath of Varanasi district. After complain National Human Rights Commission took cognizance and registered case no:  5837/24/72/2014/OC.  On the ordered of the Commission Honourable Governor of Uttar Pradesh ordered to pay the compensation of 25000/- Rupees from the salary of the concerned police authority.

o    On Oct 28, 2013 we came to know about the case of ‘Youth detained for theft dies in custody’ published in Times of India daily newspaper, Mumbai edition. The news report A 22-year-old youth, detained on suspicion of stealing a bag, died while being questioned at the Vanrai police station in Goregaon (E) on Saturday night. On same day the Secretary General of PVCHR Dr. Lenin Raghuvanshi taken the matter to National Human Rights Commission, New Delhi through email with a request to take appropriate action at earliest.  The Commission has considered the report of the government as well as the comments of mother of the deceased. It is an admitted case and the government is willing to pay the amount that has been recommended by the Commission, and has sanctioned the amount of Rs. Five Lakhs vide its resolution dated 11 January 2015 for payment to the family of the deceased. However, on the one hand it is the stand of the DGP, Crime Branch, CID Mumbai that the mother of the deceased had refused to receive the said amount in view of the demand of payment of Rs. 50 Lakhs and job to one of the family member in the police department. . After getting report from the honorable commission PVCHR advocated for the demands of the deceased mother. 

o   Sulema Devi resident of village – Khalispur under Phoolpur jurisdiction of Varanasi district. She is the survivors of domestic violence and police torture. When she went to report her case in the police station looking domestic violence as the private matter always police compromise in her matter. Later she filed the case against her husband and in – laws. After few months her inlaws filed case against her with the conspiracy for killing her husband. Every day police was making pressure on her to produce her husband.  Project provided psycho- social support to her and intervened in this matter to all concerned authorities.  During the investigation Sulema Devi deposed her statement and now police is not creating problem to her.  

o   In the case of the Barkagaon police firing the National Human Rights Commission Investigation Division is doing investigation of the matter. The National Thermal Power Co-operation (NTPC) gave compensation of 8 lakhs Rupees to per person died during police firing. In the police firing 4 people were killed.  The matter was also raised in the legislative assembly during the zero hours.

Legal:  52 cases are in the court
1.1            The project provided support to the survivors of communal violence, police torture and false implication in Kasganj district of Uttar Pradesh. In which 25 survivors received bail from district court of Kasganj.  Mohammad Shakir, Salman, Rohit and Vishnu received bail from High Court, Allahabad
1.2            In the cases of police inaction and police torture and bonded labour the SDM court and labour court ordered for the compensation of the 3742 $ (2 lakhs 67 thousand INR) in the case of  Rajpathi and Gaurav brick kiln
1.3            In 2011 Balli alias Ram Bali Vanwasi and others were implicated in the fake case in crime no. 384/211 under section 460 IPC. On 28th November, 2018 Additional Session Judge (Fifth) acquitted Balli and other people from this case.

Thursday, January 31, 2019

Health camp for the survivors of torture and their families

On 30th December, 2018 PVCHR organized health camp in Anei Musahar basti, Harhua block of Varanasi district  for survivors of torture and their families with the support from United Nation Voluntary Trust for Torture Victims (UNVFVT). In the camp total 131 people (63 children, 58 women and 7 male and 3 pregnant mothers) were diagnosed by Dr. Manish Singh, Dr. Sandeep Singh and Dr. D.P Singh.  In the health camp Ms. Parul Sharma along with four other Swedish people Magdalini Saripanidou, Tina Ersson, Nina Virkkala, Dr. Sheila Ghose planted pomegranate tree and distributed stationaries to 36 children of ICDS center.