Saturday, January 30, 2010

Illegal detention, blatant violation of laws and threat to life of Vinod Kumar Gupta in UP,India

INDIA: Illegal detention, blatant violation of laws and threat to life of Vinod Kumar Gupta

30th January, 2010
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INDIA: Illegal detention, blatant violation of laws and threat to life of Vinod Kumar Gupta

INDIA: Arbitrary detention, threat to life, blatant violation of laws, failure of rule of law, custodial torture

Dear Friends,

 

Peoples' Vigilance Committee on Human Rights (PVCHR) got information that Vinod Kumar Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh,India is continuously tortured in the police custody from last 7 days. Now Vinod Kumar Gupta is under the psychological trauma.

 

Case detail: 

Mr. Vinod Kumar Gupta s/o Ram Ji Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh. On 24th January, 2010 at 6 am in the morning police forcefully took Mr. Vinod Kumar Gupta in custody from his house. The police is continuously tortured him in the custody from last 7 days and now he is under the psychological trauma as stated by his father and relatives.    

Vinod Kumar Gupta is a working as a private driver and on 23 January, 2010 night around 12 am he was returning with his head and in the way near to Pindra 4 unknown person stopped and looted the gold carried by his head. 

On next day of the incidence i.e. on 25 January, 2010 Vinod father filed case in civil court under ACJM VII and plead to direct SHO, Phulpur to immediately produce Mr. Vinod Kumar in court so, victim father may apply for his bail. On this application court two times gave order than also Station Officer Phulpur is not releasing Vinod Kumar from the custody. Please see the URL: http://www.scribd.com/doc/26094762/Vinod-Kumar

 Hence, on 26th January, 2010 Vinod father by hand gave letter to I.G, Varanasi zone and fax to Chairperson, National Human Rights Commission, New Delhi. Again on 27th January, 2010 he handed letter to D.I.G, Varanasi and on same day he telegram to I.G, Varanasi (serial no. 105, Book no. 1592), Director General of Police, Lucknow (serial no. 107 Book no. 1592).  Please see the letter http://www.scribd.com/doc/26095111/Letter-to-DGP-in-case-of-custodial-torture

 The Honorable Supreme Court of India has issued certain guidelines D.K Basu Guideline vs. State of West Bengal to be followed without failure by the law enforcement officers during the time of arrest, questioning and detention of suspects. Even though the violation of the order of the Supreme Court of India could be considered as contempt of court, the Supreme Court is yet to take any action towards this end, in spite of the fact that several cases were brought to the court's attention. Please read complete guideline: http://www.alrc.net/doc/mainfile.php/cl_india/143/

 The many of the worst forms of torture used by the police were perfected during this period. These included the "aeroplane treatment" (tying the hands of the suspect behind his back and then suspending him from a beam, leading to shoulder dislocation) and the cattle prod or roller treatment (rolling a wooden log on the suspect's legs). The officer said rape and sexual humiliation of female prisoners also happened during this period. He added that many of these forms of torture were a part of routine policing even now across the country.Please see the URL http://www.flonnet.com/fl2620/stories/20091009262002700.htm

 Suggestion Action 

Please write to the relevant authorities and ask for their immediately intervention in this matter.

 Sample letter

    

………………………......

 

…………………………….

 

 

Dear Sir/Madam,

 

This is to bring in your kind notice that Mr. Vinod Kumar Gupta s/o Ram Ji Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh. On 24th January, 2010 at 6 am in the morning police forcefully took Mr. Vinod Kumar Gupta in custody from his house. The police is continuously tortured him in the custody from last 7 days and now he is under the psychological trauma as stated by his father and relatives.

 

As I am informed Vinod Kumar Gupta is a working as a private driver and on 23 January, 2010 night around 12 am he was returning with his head and in the way near to Pindra 4 unknown person stopped and looted the gold carried by his head.

 

On next day of the incidence i.e. on 25 January, 2010 Vinod father filed case in civil court under ACJM VII and plead to direct SHO, Phulpur to immediately produce Mr. Vinod Kumar in court so, victim father may apply for his bail. On this application court two times gave order than also Station Officer Phulpur is not releasing Vinod Kumar from the custody.

 

Hence, on 26th January, 2010 Vinod father by hand gave letter to I.G, Varanasi zone and fax to Chairperson, National Human Rights Commission, New Delhi. Again on 27th January, 2010 he handed letter to D.I.G, Varanasi and on same day he telegram to I.G, Varanasi (serial no. 105, Book no. 1592), Director General of Police, Lucknow (serial no. 107 Book no. 1592).

 

It is clear violation of Directive and guideline of Honorable Supreme Court in the case of   D.K Basu Guideline vs. State of West Bengal.

 

Therefore it is kind request to immediate instruct to the Government of Uttar Pradesh to take immediate & appropriate action in the context of Article 21 of the Constitution.

 

Thanking You

 

Sincerely Yours

 

 

………………………………

 

 

 

Please write letter to:

 

1. Director General of Police

1-B.N. Lahiri Marg/Tilak Marg,

Lucknow Fax: 0522-2206120, 2206174.

Ph: 0522-2206104 .

Email: police@up.nic.in

2. Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in

3. Inspector General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in

4. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA

Email: sspvns@up.nic.in

 

5. Mr. Chitambaram
Home Minister
North Block
New Delhi 110 001
INDIA
Fax: + 91 11 23794833

 

6. Chairperson

 National Human Rights Commission

 Faridkot House, Copernicus Marg,

 New Delhi, PIN 110001

  Tel.No. 23384012

  Fax No. 23384863

  E-Mail: covdnhrc@nic.in, ionhrc@nic.in

   jrlawnhrc@nic.in

 

Thank you.

Urgent Appeals Programme

Peoples' Vigilance Committee on Human Rights (PVCHR)

 

 

Monday, January 25, 2010

Articles of/on/by Lenin & Shruti: Visit of delegates of USA embassy to PVCHR

Articles of/on/by Lenin & Shruti: Visit of delegates of USA embassy to PVCHR

Chidambaram to look into March ’09 police firing on Muslims in Varanasi | TwoCircles.net

Chidambaram to look into March ’09 police firing on Muslims in Varanasi | TwoCircles.net

Savitri Bai Phule Mahila Panchayat/Savitri Bai Phule Women Forum(SWF): A new year greeting of Savitri Bai Phuley women forum against foeticide

Savitri Bai Phule Mahila Panchayat/Savitri Bai Phule Women Forum(SWF): A new year greeting of Savitri Bai Phuley women forum against foeticide

A poem by Sri Nand Kishor Hatwal



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vksl dh cwan&lh gksrh gSa csfV;ka !

tjk Hkh nnZ gks rks jksrh gSa csfV;ka !!

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nks&nks dqyksa dh ykt <+ksrh gSa csfV;ka !!

dksbZ ugha ,d&nwljs ls de !

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dkaVks dh jkg ij ;s [kqn gh pyrh jgsaxh !

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eqV~BhHkj uhj&lh gksrh gSa csfV;ka !!

ch, tkrs gSa csVs vkSj mx vkrh gS csfV;ka !

[kkn&ikuh csVksa esa vkSj ygygkrh gSa csfV;ka !!

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dbZ rjQ fxjrs gS csVs] laHkky ysrh gSa csfV;ka !!

lq[k ds LoIu fn[kkrs csVs !

thou ds ;FkkFkZ csfV;ka !!

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     lkfo=h ckbZ Qwys ds vy[k dks vkxs c<+rs gq, i<+k;s csfV;ka A

     lkfo=h ckbZ Qwys efgyk iapk;r






Friday, January 22, 2010

Cognizance taken by Minister of Home Affair on the Bazardiha police firing case



It is our pleasure to share the impact of the continuous advocacy and the testimonial therapy that Mr. P. Chitambaram Minister of Home Affair and Mr. Salman Khurshid, Minister of State (Independent Charge) Minister of Minority Affair took the cognizance on the petition sent by PVCHR on the Bazardiha police firing case on 23rd November, 09.

The petition emphasized for the implementation of Section D of Prime Minister's New 15 Point Programme for Welfare of Minorities and raised demands for the- (1) To provide compensation to the families of the deceased and injured persons. (2) To direct National authority to order state & district authority for the fair investigation by the independent agency such as state CBCID. (3) To provide psychological support through testimonial therapy to the survivors of torture and organized violence (TOV), for the Rehabilitation of victims of communal riots and Prosecution for communal offences as the unfragmented self suffering will facilitate in the speedy trial. To use testimonial therapy through National Minority Commission and Ministry of Minority.


Please see the complete petition on the given below URL:


http://pvchr.blogspot.com/2009/11/regarding-implementation-of-section-d_23.html

http://testimony-india.blogspot.com/2010/01/unfilled-injury-of-bazardiha-police.html

http://testimony-india.blogspot.com/2009/12/jan-mitra-award-to-muslim-weavers-of.html

http://testimony-india.blogspot.com/2009/11/mockery-of-state-government-of-uttar.html


Response from Salman Khurshid & P. Chitambaram

Friday, January 15, 2010

Testimonial therapy. A pilot project to improve psychological wellbeing among survivors of torture in India.

http://www.ncbi.nlm.nih.gov/pubmed/20065539?log$=activity

The National Institutes of Health (NIH), a part of the U.S. Department of Health and Human Services, is the primary Federal agency for conducting and supporting medical research.

Helping to lead the way toward important medical discoveries that improve people’s health and save lives, NIH scientists investigate ways to prevent disease as well as the causes, treatments, and even cures for common and rare diseases.

Wednesday, January 13, 2010

INNOVATION AS COMMUNITY HEALING THROUGH TESTIMONY TO INDIVIDUAL SURVIVOR

PVCHR has immediately intervened in the Bazardiha police firing case happened on 11th March, 09 i.e. on the day of Hindu festival Holi and filed petition to appropriate authorities such as State Government, National Human Rights Commission (NHRC) & Election Commissioner of India with genuine demands to lodge FIR, medical treatment to the injured, security and compensation. Due to PVCHR intervention after few hours of intervention India Today, a leading magazine published “1 killed in Holi violence in UP”* on its online edition. Times of India, Varanasi edition highlighted “what is bigger tragedy: Cash or Penury”. ** After three days of incidence on 13th March, 09 FIR lodge against involved police official and people under crime no. 122A/09 in Bhelupur police station.

The further consequence started after visit of three participants on the second day of Capacity Building on Writing Skill Workshop to Bazardiha and interview with survivors and discuss with the community leader and gather information for the wall news paper “Awaz –E – Bazardiha” (voice of Bazardiha). ***

After interviewing Abdul Rahman, a survivor of Bazardiha police firing than group moved to Mr. Mukhtar Ahmad house, whose 22 year old son Mohd. Moin died due to the police firing. After taking quick testimony of Mukhtar Ahmad, they saw his daughter Naziya Tabbasum was busy in stitching small clothes. Interviewer asked her, are you stitching cloths for your doll? She says, “no but for the practical assignment, I am studying in class VII in Jai Narayen Inter college”.

*http://indiatoday.intoday.in/site/Story/32039/LATEST%20NEWS/1+killed+in+Holi+violence+in+UP.html

**http://timesofindia.indiatimes.com/Varanasi/What-is-bigger-tragedy-Clash-or-penury/articleshow/4264429.cms

***http://www.mynews.in/News/Police_savagery_on_Muslim_weavers_continues_in_Varanasi__N29517.html

****http://www.mynews.in/Tool_for_communication_to_amplify_the_voice_of_the_excluded_community_N29003.html

Mukhtar Ahmad proudly added, “I will teach my daughter up to my strength.” Hearing the energetic statement of Mr. Mukhtar Interviewer slowly tried to pause and tried to know his view of about educating his son. He simply answered they are getting education in Bal Shramik School, a non-formal school for child labour nearby to his house. After the contribution of entire family Mukhtar he hardly save 40 Rupees in a month to pay his daughter tution fees. Mukhtar is living in a rented house and took 55,000 (Fifty thousand) Rupees debt for the legal proceeding of his son case.

Soon after the completion of workshop Mr. Mukhtar Ahmad* and Mr. Salim** were given psychological support through testimonial therapy. Their testimonies were uploaded on youtube for the advocacy and it was viewed by hundred of peoples’. As the next step of the intensive work PVCHR appoints a consultant for monitoring and evaluation (M&E) of condition of Muslim minority in general and implementation of Prime Minister 15 Points for Welfare of Minorities in Bazardiha. The finding of the M&E shared at “Peoples’ Tribunal on situation of Muslim minority” organized by PVCHR on 18th November, 09 at Paradkar Smriti Bhawan, Varanasi.

Dr. Syeda Hameed, Member of Planning Commission, Government of India chaired the tribunal and other jury members were Muniza Rafiq Khan, Registrar, Gandhi Vidya Sansthan, Dr. Mohan Lal Panda, Mr. Kamlesh Chandra, Education Resource Centre (ERS) and Mr. R.B Pal, General Secretary, Voice of People (VOP).

Once the testimony read the sign of grief was noticed on the face of the people present in the hall. When Dr. Syeda Hameed honored Mr. Salim hold tears in his eyes and Mr. Mukhtar Ahmad was feeling proud from inside. Eight other injured survivors of police firing as well as other secondary survivors were also present in the hall. We observed and witness the collective healing process at high profile honor ceremony in the form of Peoples’ tribunal. Even the honor ceremony report “Varanasi police firing victim family honored at people’s tribunal” published in USA based portal TwoCircles.net (TCN) ***

*Mr. Mukhtar http://www.youtube.com/watch?v=hDkoZA63K5E

**Mr. Salim http://www.youtube.com/watch?v=0A0pcrw0rxM

***http://twocircles.net/2009nov21/varanasi_police_firing_victim_family_honored_people_s_tribunal.html (TCN is based in Cambridge USA and cover news from marginalized sections of India. Its main focus is on Indian Muslims but also covering and reporting whole range of issues affecting Indians, Muslims and International issues.)

As a next step, Mr. Dilshad Ahmad, Mr. Badru Hasan, Mr. Kausar Ali, Mr. Shamsher Ali, Mr. Mukhtar Ahmad and Ms. Hasibun Nisha of Bazardeeha were awarded with “Jan Mitra” (Peoples’ Friendly) Award for educating their children in the nastiest economic condition without any implementation of any Government Scheme and facing such as police firing and organized violence through communal fascism of Hindu fascist forces. It is innovative way for boosting the moral through honor of a community facing organized violence.*

The Survivors also actively participated in the follow up visit of Dr. Syeda Hameed to Bazardeeha on 19 November, 09, which shows the community healing process and empowerment of participatory and inclusive democracy at grass root level. Instantly PVCHR released statement “the Mockery of State Government of Uttar Pradesh in the case of police firing on Muslims. **



*http://testimony-india.blogspot.com/2009/12/jan-mitra-award-to-muslim-weavers-of.html


*http://www.allvoices.com/contributed-news/4811290-jan-mitra-award-to-the-muslim-weavers-of-bazardiha


**http://testimony-india.blogspot.com/2009/11/mockery-of-state-government-of-uttar.html



PVCHR advocate for the implementation of section D of Prime Minister’s New 15 Points program for Welfare of Minorities” and wrote letter to appropriate authority such as the Prime Minister of India, Chairperson, National Human Rights Commission, Rahul Gandhi, M.P & Secretary, Congress I, Mohamed Shafi Qureshi, Chairperson, National Commission for Minorities, Mr. Salman Khursid Minister of State (Independent Charge) for Minority Affairs and Ms. Mayawati, Chief Minister Uttar Pradesh*. The section D consists of three parts:-

(i) Prevention of communal incidents,

(ii) Prosecution for communal offences and

(iii) Rehabilitation of victims of communal riots

Again petition was sent to Chief Minister of Uttar Pradesh for the disbursement of compensation to the survivor of Bazardiha police firing. District Magistrate benefited only one deceased family with the compensation of 25,000 Rupees. Right to Information, Act (RTI) used to know the status of disbursement of compensation to another deceased family. Legal support is given for the further proceeding of case in District Court.

When on 21st December, 09 PVCHR staff with other trained therapist of the pilot project went to Bazardiha to provide psychological support of other two survivors Abdul Rahman and Mr. Vasim Akram. Mr. Salim briefs them about the benefit of the testimonial therapy.



While taking the testimony therapists noticed survivors were bread earner and unable to continue their medical treatment due to worst economic condition. On the recommendation of the therapists these two survivors were medically supported and were diagnosed in Al –Noor Trauma Clinic by Dr. Shakil Ahmad. Who referred Abdul Rahman to Institute of Medical Science, Banaras Hindu University for further treatment.** PVCHR also initiate for the economic stability of the survivors and release appeal to purchase the handloom clothes for the support.*** Even daily Hindi newspaper published still the injury of Bazardiha incidence are unfilled (based on the testimonies).

On 18th December, 09 Mr. Ali Anwar Ansari, Member of Parliament (Rajya Sabha), Chief Whip of Janta Dal (U) political party raised question in the zero hours about issue the Bazardiha police firing alleging both State and Central Government and demand for the compensation to the deceased family. Intiative for rule of law and democracy at grass root level continues..........................



*http://pvchr.blogspot.com/2009/11/regarding-implementation-of-section-d_23.html


**http://testimony-india.blogspot.com/2010/01/unfilled-injury-of-bazardiha-police.html

***http://varanasi-weaver.blogspot.com/2010/01/these-pictures-were-sent-with-picasa.html

Friday, January 8, 2010

local newspaper of Manipur published "Honor Ceremony"




TESTIMONY OF Mrs. PURNIMASHI from Manipur

My name is Ashangbam ongbi Purnimashi Devi. I am 50 years old, a widow with four children (two sons and two daughters); I live in Takyel Kolom leikai under Patsoi police station, Imphal west district, Manipur. I earn my daily wages by selling vegetables in the near by market for survival. My youngest son is 29 years old and is married and has four children, he works in a saw mill.

This is a incidents which happened to me has scares me till now and I will never forget this incident. In the last week of March 2009 around 5:00 p.m. in the evening, three police commando’s vehicles stopped in front of my house. They entered my house and asked for my youngest son. I told them that he was not at home; they asked me to send him to the commando complex at around 8:00 a.m. next day without fail. I asked them the reason; they told me that it’s related to one underground group. I was shocked hearing what they said; I thought how my innocent son could be involved in these activities. I was anxious to know what was going on and my mind was in chaos. They even tried to beat my daughter in law and used abusive words, but my intervention stopped them. After they left, my son returned home and I narrated all the things that happened. We could not sleep that night thinking of the incident. In the morning we did not send him to commando complex because he was innocent. The next day at around 7 a.m. in the morning, the police commando surrounded our house forcefully took away my son. At that time I was not at home, my daughter in law came searching for me and shared to me of what had happened on the way back home. I went to meet our local MLA and I beg him to save my son’s life, he sends one of his staffs along with me to the commando complex at Minuthong. The Guards did not allowed us to go inside the office, even though they knew that we were sent by the local MLA. I did not know what to do; I broke down and cried in front of the office. I was worried about my son’s life. I prayed to God to save not to kill my child. Meanwhile as I was standing helpless thinking what to do, I saw my son been taken inside the office with his eyes blindfolded and handcuffed from their vehicle (Gypsy). As soon as I saw my son and I ran towards him, they stopped me and did not allowed me to meet him. Abruptly, the social worker named Mirabai came to the commando complex, as soon as I saw her I narrated the incidence to her and beg her to save my son. I hug her and cried pleading of my son’s innocence. She took me inside the office and talked with the officer in-charge who was well known to her, the OC asked one of his constables to release my son. I was very upset when I saw my son and did not know what to do; I beat my son in front of them, He cried at my shoulder and pleaded he did not know anything and that he is innocent hearing this my heart and mind was relief. I took him back home, when we reach home I asked him where they had taken him, he told me that they took him near Ghari which is near the airport, they handcuffed and blindfolded his eyes and asked him to say the name of underground party he was involved with and when he answered he knew nothing, he was beaten up very badly, one of the commandos put his AK rifle into my head and said “let’s kill him”, but one of the commando personnel intervened saying that “I think he is innocent person, let us take him back to office first”. So, they brought him back to the commando complex. After they release him, on the next day they demanded for Rs.5000/- for his release. My son also told me that they took his photo, name and address before they release him. So, I was scared that as they have his photo they might harass him any time on the way, I was thinking if I hand over the amount then they might withdraw the case. So, any how I collected the money and went to the office to give the money and requested them to withdraw the case, the officer told me that they do not need to withdraw the case. After that incident, till now they don’t disturb us again as before.

Because of this incident, our life become economically miserable but still now I cannot stay peacefully and whenever I saw any vehicle passes by or stop in our locality I always fear that police commando are coming to re-arrest my son.
Today, when I share the incident and all my worries, I feel a bit relaxed and feel lighter in my heart.

Psykologien Sosiaalinen Vastuu - PSV - Tervetuloa

Psykologien Sosiaalinen Vastuu - PSV - Tervetuloa