Tuesday, September 21, 2010

letter 2 CPI(M) on prevention of Torture Bill, 2010(PTB)

---------- Forwarded message ----------
From: Communist Party of India (Marxist) <cc@cpim.org>
Date: Fri, Sep 10, 2010 at 10:18 AM
Subject: Re: letter 2 CPI(M) on evention of Torture Bill, 2010(PTB)
To: PVCHR ED <pvchr.india@gmail.com>

Dear Dr. Lenin
This is to acknowledge receipt of your mail addressed to Com. Brinda Karat.
Currently, she is abroad. Though the mail is being forwarded to her, I am not sure whether she would be able to respond before she returns.
Greetings & regards
for CPI(M) Central Committee Office
----- Original Message -----
Sent: Thursday, September 09, 2010 9:36 PM
Subject: letter 2 CPI(M) on evention of Torture Bill, 2010(PTB)

To                                                                                                                                                      9.9.2010

Ms Brinda Karat ji

Member of Parliament, Rajya Sabha

Member, Select Committee, Prevention of Torture Bill, 2010


Respected Madam,


Sub:  Prevention of Torture Bill, 2010(PTB)


We are thankful to you for setting the agenda for legislative reform that truly protects the rights of the poor and marginalized people of this country. True to your belief, unlike many others, you showed great solidarity with the civil society groups who have been voicing the plight of the survivors of torture.


Comrade, we believe, the primary concern of legislations  must be  to devise mechanisms to manage what are believed to be the disruptive consequences of physical and psychological  torture for victims and the family(majority of them are tribals, dalits,  women and religious minorities).  However, the effect of this management on the person whose life and affairs are being managed has not been a legislative concern.  UNCAT and the need to adhere to its standards provides a historic opportunity to initiate forward looking discourse on the rights of the victims and especially, 'right to rehabilitation'. The PTB, 2010 has provided the possibilities for adopting a victim's right regime which would acknowledge, amongst others, deprivations endure by survivors of torture and recognize rights which would prevent further denials. Victim's need for support should be seen as an inevitable consequence of human interdependence. PTB is not just about adherence to a set of international guidelines and making law for here, it is also setting direction for the future. These directions have to be necessarily aspirational, to go beyond the present shortcomings and limitations. We think the present text of PTB, legitimizes the present deprivations and closes opportunities for near future.  Our study, with Rehabilitation and Research Centre for Torture Victims (RCT), Denmark has actually intended to explore the opportunities for improvement of the present bill. The bill must ensure that the arrogance and misuse of power by state agencies must not trample the life of any other person. Impunity, in all forms should end.


House of Lords and House of Commons, Joint Committee on Human Rights, while accepting oral and written evidence on UN Convention Against Torture(UNCAT) on Monday 21 November 2005, gave an  opportunity to (1) Special Counsel, Human Rights Watch, (2) Director, REDRESS and (3) Researcher, Amnesty International for providing global as well as country specific experiences. So, we request you to provide PVCHR an opportunity for making submission before the honorable members. May I request you to consider the above cited international practice and allow the Executive Director, PVCHR and the legal head or representative of RCT for the purpose. Worth mentioning that RCT steadfastly maintains its secular and non- political character in the research world while working for the survivors of torture. Both the organizations have been working together for the last four years primarily, in Uttar Pradesh.


In solidarity,


Dr Lenin

Executive Director, PVCHR

Dr. Lenin
Executive Director-PVCHR/JMN
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