Saturday, July 30, 2011
Monday, July 18, 2011
Sunday, July 17, 2011
Politics of Marginalised can help building stronger Human Rights Institutions (HRIs) in India
By Dr Mohanlal Panda, Advisor, People's Vigilance Committee on Human Rights (PVCHR)*
Majority of 1.21 billion plus population in India have been drawn immensely, through different mediums to politics, music/film, and cricket. Among the three, politics takes a centrestage and captures mind space affecting our day-to-day lives. Politics plays a significant role in the lives of the people, ultimately deciding cost of living, price of drugs, daily wages, sensex, and stock market. Though being a signatory to Millennium Development Goals (MDG), crucial for addressing poverty and exclusion, India has yet to achieve it, which reflects the intention and direction of Indian politics. There is growing realisation among the majority of the population that state is using democratic institutions to legitimise its undemocratic decision- making process, reason being its failure to communicate with its citizens.
The onslaught of neo-liberal economic policies, which pampers corporates and pauperise the masses or policies that destroy jobs and livelihood and displace people at gunpoint, has generated two new trends in Indian politics. First, it has generated three types of parallel democratic confrontations. These are, (1) Mind game between the broken people and forces implementing neo liberal policies,(2) Religious fanatics are confronted by the liberal elements within their religion, and (3) section of upper caste joining dalits to dismantle upper caste hegemony. Second, in the wake of wide spread and increasingly documented cases of human rights violation, interest in reconciliation, as apolitical, juridical, and psychological construct is growing(Torture, Page. 72, Vol.21, No.2, 2011). While the former has immensely influenced the political trends in several parts of the country, the later has contributed in strengthening rule of law.
These trends in politics have not only affected the political parties, bureaucracy but also civil society groups and media. Intra organisational decision making process is under stress due to waves of democratisation of information demanding more transparency. All are in the line of fire due to lack of accountability and deficit of legitimacy for representing certain view. Pressure is building up on civil society groups to stand up to be counted for representing a democratic structure and implementing good practices like social audit in the organisations. The country is heading towards a politics that encourages participation to change and demonstrated will for initiating new age state craft.
Impact of 'live' telecast or broadcast has unnerved the dictators. In the one hand, it has greatly restricted the space and impact of manipulating politics through perception based information, on the other hand it provided more space for the growing agitation, people's uprising, and dissent for protection of human rights. The arrival of information technology has strengthened the debate in favour of direct democracy. It has helped in questioning the representative character of politics and institutions. It exposed the design of the minority to keep the majority out of the process of participatory democracy in order to perpetuate their culture of impunity. Empowerment of majority is an evil dream for this section be they in politics, government or in civil society. The media has played an important role in breaking the silence of the majority marginalized population who have started questioning the right of this few self appointed leaders pretending to represent the majority and dare to negotiate for their future. These victims of the social system for centuries wish to ask their own question, and now demanding direct accountability from the state. Their politics has started establishing a culture where justice is not for the privileged few.
The effectiveness of human rights institutions depends on its communication with the victims, people and organizations who work for victims. The recent campaign by a section of the civil society groups to down grade the premier human rights institutions like NHRC has surprised many people in this country. One respects and accepts that this section in their wisdom concluded that NHRC has not delivered as per its mandate and up to their expectation. At the same time, some other sections which has benefited from the interventions of that institution believe that reform, not downgrading or shaming a national institution is good for victims of this country. These sections, representing the majority of the disenfranchised people certainly believe that NHRC, a quasi judicial body has taken suo-motto action on several occasions to provide relief to the victims who live in oblivion and for whom no one organizes press conferences. These majority sections cannot afford the expenses of cases that moves in an unlimited time frame in the court, thus prefer NHRC and other HRIs for relief. Agree, HRIs have its own limitations but they have their strength too. How many HRIs in the world, like NHRC, have opened their window to talk to their officers in the middle of the night to save the life of human rights defenders? This decision of NHRC should be welcomed and efforts should be made to push for more such decision through constructive criticism and public advocacy initiatives.
Limited effectiveness of NHRC and other HRIs, partly, remains in their mandate. What can NHRC do when the victims in its desperation to get relief, rightly so, appeals both to NHRC and the court. On several occasions, NGOs lose their cases in the lower court and then make appeal to the NHRC for relief showing the victim/s as human rights defenders. How can NHRC influence the already established investigating process, which the court also follows, for lakhs of cases it handles every year and at the same time not being accused of delaying in providing relief ? While some of the answers lie in an effective State Human Rights Commissions (SHRC), the fact remains that the institutions and its functioning are designed to keep the majority out of the net of beneficiaries. A pro people reform will harm the interest of the opportunists.
SHRC is undoubtedly a great idea to address human rights issues at the state level. But its functioning is harmed by two important problems, one, in majority of the states it is preoccupied with the unwritten responsibilities of shielding the present political dispensation, two, limited budget and lack of infrastructure affect its functioning. Looking from the point of financial viability, it is difficult to imagine SHRCs for small states. The state of District Human rights Courts are no different. Critics compare these courts with District Consumer Court where the lawyer, accused and the court connive to minimize penalty of the accused leaving the victims in lurch. A way out for some of these problems could be found in establishment of Regional Human Rights Commissions (RHCS) where appointments are done from an all India pool giving it a national profile. These RHCSs should be accountable to NHRC. Courts can also help in strengthening the HRIs by asking the victims whether any of the HRIs were approached for the same case and what is the status. While this will put immense pressure on the HRIs to remain on toes, the state will also realize its obligation in strengthening the HRIs.
Absence of victim centric politics in India has let down the HRIs, stalled legal and police reforms and increased threat of Human Rights Defenders across the country. The causes of marginalization of victims have never been in the political agenda of any party. No parliamentarian has showed concern to find out why for example, the report of The National Commission for Minorities were not tabled and discussed in the Parliament is a proof of policy makers concerns for the victims. How long can the poor and vulnerable sit on the fence between life and death and admonish their fate for living in the margins of the society. No amount of investment on their empowerment will recover the cost of sense of their vulnerability, suffering, and helplessness. It is time to PARTICIPATE to CHANGE.
*PVCHR is a Varanasi, Uttar Pradesh, India, based Human Rights Organisation
Sunday, July 10, 2011
Peoples' Vigilance Committee on Human Rights (PVCHR): Call for a neo-Dalit movement to overthrow feudali...
Friday, July 8, 2011
Women found hanging in jail
To
The Chairperson
NHRC
New Delhi.
Sir,
Greetings from PVCHR.
Please refer to the news in the link and the attached report: http://www.ndtv.com/article/cities/woman-accused-of-killing-husband-found-hanging-in-jail-117751
Woman accused of killing husband found hanging in jail
Kanpur: A young woman was found hanging in a lock-up within the heavily guarded district police lines in Kanpur on Friday, days after the mysterious death of a doctor inside the toilet of the Lucknow district jail.
Poonam, who was accused of murdering her husband, was found hanging from a hook in her cell in the lock-up of the Mahila Thana (Women Police Station) in Kanpur.
Local police officials said it was a case of suicide though there were four other women inside the lock-up. The women told police that they were sleeping.
"Poonam, who was facing charge of murdering her own husband in collusion with her boyfriend, committed suicide by hanging with the help of her 'dupatta' from a hook on the ceiling of the cell," said Kanpur Superintendent of Police (crime) A.K. Pande said.
Questions have arisen on how Poonam could manage to tie a dupatta on the ceiling and how the four other women remained oblivious to what was going on in the small room.
Denying any hint of foul play, Pande said: "Poonam was put in the lock-up after we cracked the murder case of her husband Atul Shukla, who was shot on June 22, allegedly by a professional shooter who received a 'supari' (contract) of Rs.50,000 from Poonam's paramour Upendra."
"Apparently, she decided to end her life because she could not face her family and society after her conspiracy to murder her husband got exposed."
The incident comes soon after Lucknow deputy chief medical officer Y.S. Sachan was found dead inside the Lucknow district jail toil June 22. He was the prime accused in chief medical officer B.P. Singh's murder.
Sachan's family has moved the Supreme Court claiming that the state government was bent upon treating his death as suicide.
Sir, on behalf of PVCHR, I request you to look into the matter and take necessary direction for an inquiry under Crpc 176 (1A).
With regards,
Dr. Mohanlal Panda
Advisor, PVCHR
B-202, Neelachal Appt, Plot-3, Sector-4
Dwarka, New Delhi-110075
Mobile: :+91-9818499296
Main Office: SA 4/2 A, Daulatpur, Varanasi-221002
Mobile:+91-9935599333
Wednesday, July 6, 2011
Forum for voice of victims
The section 330, 331of the IPC and the section 29 of the Indian Police Act prohibits torture. Torture is an heinous offence and a blot on humanity. The Supreme Court and human rights commission have taken steps for eradication of torture on many occasions in the past but in this developed and so called civilized society there has been no curb in the torture in the name of caste-creed, class, sex, religion as it was expected after putting in the efforts.
The face of torture gets further cruel when those who are entrusted with the task of safeguarding the interest and honour of suppressed and feeble groups o people through the constitutional powers, themselves exploit the weaker section in the name of religion, sex, caste.
PVCHR has been working for the past 15 years to safeguard the interests and rights of minorities, SC/ST, women and children, their constitutional rights in the constitutional democracy and the human rights defenders working for this section of people. The regional convention on June 26, 2011 is another step. PVCHR called off and Dynamic Action Group (DAG) played a significant role as an organizor with it an attempt was made to bring forth voice of women, children, minorities, tribal, scheduled castes, in the mainstream. Regional convention is a medium for suppressed/victims to come together and raise a voice, which could make an intervention against the torture and suppression in practice since ages.
On June 26, 2011 on the occasion of International Day Against Torture the regional convention at Lucknow the state capital of Uttar Pradesh was participated by likeminded sensitive people and organisations from Uttar Pradesh, Jharkhand, West Bengal, New Delhi, Bihar and other states. In the convention Dynamic Action Group (DAG), Voice of People (VoP), National Alliance on Testimonial Therapy (NATT) and Right to Food and Work, Uttar Pradesh, Detention Watch played significant role.
The other associated organisations were: Saathi, tarun Chetna, Gramya, Roji Roti Sangathan, Dalit Mahasangh, Disha Sansthan, Bundelkhand Sewa Parishad, PUCL, Dr Ambedkar Social Welfare Society, Jagriti Sewa Sansthan, Sanchetna, Shikhar Prashikshan Sansthan, Dwaba Vikas Samiti, Human Rights Law Network, CERT, Jan Adhikar Manch, Jan Shikshan Kendra, Gramya Swaraj Samiti, Kanhar Bachao Andolan, Musahar Vikas Manch, Gramin, Yuva Evam Bal Vikas Parishad, Pani, Insaf Uttar Pradesh, Swaraj Utthan Samiti, Institute of Social Development Trust, Sangram, Bahujan Kalyan Parishad, Astitva, Rojai Manav Vikas Parishad, Aman-Uttar Pradesh, Sonebhadra Vikas Samiti, Uttar Pradesh, Gramin Evem Khatihar Majdoor Union, Uttar Pradesh, Shahri Gareeb Kamgar Sangarsh Morcha, Vigyan Foundation, Shahri Garib Morcha, Mahila Foundation, Dehat, Asian Brij-India, Adiwasi Mahila Vikas Samiti, OM India, Parmarth, Pahuj Vikas Manch, Apda Niwaran Manch, Savitri Bai Phoole Mahila Panchayat, Rojgar Haq Abhiyaan, Prerna Kala Manch.
Honorable Anil Kumar Parashar joint registrar focal point Human Rights Defenders National Human Rights Commission (NHRC) presided over the programme. The chief guest in the event was Dr PL Punia chairperson of the National SC/ST Commission, New Delhi, while the special guest for the programme were Ram Kumar coordinator DAG and Renuka Srinivasan from European Union.
The programme started with the song "Tu jinda hain to jindagi kee jeet par mein yakin kar." Bindu Singh welcomed the victims and the guests in the programme. Dr Lenin general secretary of PVCHR presented the theme and agenda of the programme and discussed threadbare the objective of the programme. He also explained the work and objectives of PVCHR. During the event D PL Punia, AK Parashar, Ram Kumar and Renuka expressed their views. The campaign "There are rights even during an arrest" detention Watch: Giraftari Par Gasth was kicked off by Anil Parashar and Renuka Srinivasan.
On the occassion Mr. Ram Kumar -an icon of dalit rights,Mr. Parvez Ahmad, Ms. Rachna and Ms. Shanti were honored with the Jan Mitra Award. The program hall was named in the memory of Sri Hari Lal as Late Hari Lal Nagar.
Dr. P.L Punia, Chairperson National Scheduled Caste Commission,“ today also the dalit, minority and poor people are implicated in the fake case under various section of IPC.He especially thanks to Dr. Lenin Raghuvanshi & Ram Kumar for inviting him in this auspicious occasion to speak and he also appreciated the work of the Dynamic Action Group (DAG) and Peoples’ Vigilance Committee on Human Rights (PVCHR)
The victims present in the regional convention shared their experiences. Md Inam who works for reliance group is a resident of Meerut city where on the intervening night of April 24-25, 2011 his one and half year old daughter Akifah, wife Shaista, son Aman (5), a relative Farzana, Shahid, Asika (12 days), Saba and Shahida got severe burn injuries when hooligans set ablaze their house. The violent mob ransacked their house, set their car and bike on fire and took away valuables. The local Meerut administration didn’t took note of their complaint neither the state administration. Even complaint at national level could not bring relief to the victims. Officials of the PVCHR raised their voice again after which the DIG handed over a probe to the SSP Meerut. The Governor too directed principal secretary (home) for action in to the case.
Md Inam came with his family to participate in the regional convention. He says, "When I came here people asked me whether I have come from Meerut. I felt relief after many weeks as people in the convention know the suffering of each other. The riots had given me immense pain by people from the Hindu community. I feel relieved when I see people such as Dr Lenin and organisations such as PVCHR who stand by the victims and share their plight. Having came here I feel I should also stand with other the victims and fight for their cause. If other victims need me I shall always be ready to work for them"
Jamshed has come from Aligarh Uttar Pradesh. His father Abdul Aziz (59) was picked up by cops on the night of May 8, 2011 and was tortured the whole night. The torture was such that he died in police custody. The post mortem report said death was caused due to pressure on the neck. The deceased Abdul was fighting against land mafia Rashid and builder Samarth Mittal. Himself, Abdul was a class four employee with the Aligarh Muslim University. The vicious nexus of the land mafia and builder with the police took life of Abdul Aziz. However the struggle of Abdul is now being taken ahead by his son Jamshed, who is fighting mafia as well as the police.
Jamshed says, "All my close relatives and friends have left me and my family under threat from the mafia and police but the PVCHR-Aligarh team is giving me all support in my fight. Having seen victims like me and the success they have achieved after struggle I feel a boost and the self confidence level in me has gone up. I believe those who took life of my father will get punished."
"Our belief upon the constitution and brotherhood was became weak after the communal riots in Sahaspur (Muradabad) took place on the intervening night of February 16-17, 2011 and the local administration took one side action against the Muslims. Even when the team of PVCHR came to the place and we saw 90% Hindu we were afraid but when the Governor took notice of the incident and ordered for a probe along with the DGP our confidence started coming back," Abdul Kuddus says and added that having come to the regional convention it seems torture is not being done only in the name of religion but at all levels.
Anil Parashar spoke to the victims and assured that action will be taken. Hindustan Times, Pioneer and representatives of other news papers too spoke to the victims. The complaint of the victims was handed over to Anil Parashar and Dr PL Punia. The convention declaration was read by Ashish Awasthi while vote of thanks was given by Shruti Nagvanshi the managing trustee of PVCHR/Jan Mitra Nyas.
Note: Full report in Hindi & English will be share very shortly
Declaration:
English: http://www.testimonialtherapy.org/2011/06/lucknow-declaration.html
French: http://www.pvchr.net/2011/07/lucknow-declaration-french-version.html
Hindi http://www.pvchr.net/2011/07/lucknow-declaration-hindi.html
Paper Clipping:
http://www.pvchr.net/2011/07/rachanajan-mitra-awardee-2011.html
http://www.scribd.com/doc/58884059/News-of-convention-on-26-June
http://www.scribd.com/doc/59111005/News-on-26-June-2011
Photographs:
https://picasaweb.google.com/sshirinkhan/RegionalConvention?authkey=Gv1sRgCKOshO2B482ylQE#
death of Merit: Manish Kumar (IIT Roorkee)
From: shabana khan <shabana@pvchr.org>
Date: Thu, Jul 7, 2011 at 9:36 AM
Subject: re: death of Merit: Manish Kumar (IIT Roorkee)
To: jrlawnhrc@hub.nic.in
Cc: akpnhrc@yahoo.com, Lenin Raghuvanshi <pvchr.india@gmail.com>
To,
The documentary is based on the testimonies of Manish's parents and other family members who have yet to come in terms with his death and are fighting against the collective might of IIT Roorkee and Roorkee Police that, as usual, want to relegate their child's death to 'a weak student getting depressed for not able to cope up with rigorous academic environment of highly competitive IITs' .
However the truth is Manish committed suicide, unable to bear the constant castetist assaults and abuses by his own batch-mates, criminal attitude of his hostel warden and IIT Administration that instead of acting on his complaints forced him to live outside IIT Roorkee, and perhaps also due to the complete shattering of his faith on IIT Administration that was supposed to treat all its students as equals and without using caste-lenses.
Therefore it is kind request please take appropriate action at earliest.
Thanking You
Sincerely Yours
Lenin Raghuvanshi
Secretary General
PVCHR/JMN
SA 4/2 A Daulatpur, Varanasi - 221002
The Death of Merit: Manish Kumar (IIT Roorkee) [A Documentary]
When a student from the lowest strata of society fights against all odds to prove her merit and reach the best educational institutions in India, are those institutions proving themselves meritorious enough to recognize her worth, to accommodate, let alone nurture her aspirations?
When a Dalit or Adivasi student becomes an engineer, doctor, business graduate or scientist, it should be a cause of pride for not just the family or the community but for the entire nation. Instead, why do our nation and its educational institutions reward their merit with discrimination, humiliation, violence and death?
This documentary is third in the series of our efforts to document caste-based discrimination prevalent in Indian higher education system resulting in large number of suicides of Dalit students in the Indian campuses.
Manish Kumar Guddolian, 20 years of age, was pursuing his IInd year, Integrated Dual Degree Programme, Department of Computer Science & Information Technology, at Indian Institute of Technology (IIT) Roorkee.
The only son of a Junior Warrant Officer at Indian Air Force, Manish committed 'suicide' by jumping off from 5th floor of his hostel on 6th February, 2011.
The documentary is based on the testimonies of Manish's parents and other family members who have yet to come in terms with his death and are fighting against the collective might of IIT Roorkee and Roorkee Police that, as usual, want to relegate their child's death to 'a weak student getting depressed for not able to cope up with rigorous academic environment of highly competitive IITs' .
However the truth is Manish committed suicide, unable to bear the constant castetist assaults and abuses by his own batch-mates, criminal attitude of his hostel warden and IIT Administration that instead of acting on his complaints forced him to live outside IIT Roorkee, and perhaps also due to the complete shattering of his faith on IIT Administration that was supposed to treat all its students as equals and without using caste-lenses.
The Death Of Merit – Manish Kumar (IIT Roorkee) Part – I
The Death Of Merit – Manish Kumar (IIT Roorkee) Part – II
First two documentaries
Dr Jaspreet Singh, 22 years,a student of Final Year, MBBS at Government Medical College, Chandigarh committed suicide on 27th Jan, 2008.
On March 3rd, 2010, another Dalit, Balmukund Bharti, final year MBBS student from All India Institute of Medical Sciences (AIIMS), New Delhi committed suicide.
Read More
- List of Dalit students committing suicides in India's Premier Educational Institutions, (click here)
- Report of Prof Thorat Committee on Caste Discrimination in AIIMS, New Delhi, (click here)
- Report on Caste Discrimination in IIT Delhi,(click here)
- An article 'On Suicides, Caste and Higher Education', (click here)
Media Coverage
- In Dalit student suicides, the death of merit, The Hindu, (May 8, 2011)
- Death of merit, and of a family's dreams, Hindustan Times, (May 10,2011)
- Icarus goes to flying school:Why are Dalit students in India's best educational institutions committing suicide?, Tehelka Magazine (Vol 8, Issue 20, 21 May 2011)
- Les dalits ne sont pas les bienvenus dans les grandes écoles indiennes, inde.aujourdhuilemonde.com (May 19, 2011)
- India education: Dalit student suicide, Global Post (May 24, 2011)
- A Dissonance In Saraswati's Divine Veena:The spectre of caste prejudice lingers on even in our most prized institutions, OUTLOOK Magazine, June 27, 2011
Tuesday, July 5, 2011
Voice heard in the Scheduled caste Commission
The case registered under 156 (3)in court. The Commission did investigation and then the owner Salim reimbursed his wages. Kashi did compromise with Salim after his excuse and he recieved 14,000 Rupees compensation.
Testimony of Kashi
Lakshman: The petition was sent to Scheduled Caste Commission and after that case was registered under 156 (3) in the court. The commission interrogation both with survivor and alleged perpetrator. Ashok Yadav & Dabbu Yadav make excuse to Laksham and returned his motorbike and money and they make compromise.
Testimony of Lakshman
Gulab:: After taking his testimony complaint had been sent to National Scheduled Caste Commission. The investigation after 17 years started in his case and report had being sent to the commission.
testimony of Gulab
Finally got justice
Testimony of Daulati Devi
Saturday, July 2, 2011
Street play & honor ceremony prog. for reducing TOV in India,
https://picasaweb.google.com/upendramsw/AmbedkarNagar?authuser=0&feat=directlink
Ambedkar nagar |