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Monday, October 14, 2013
19-year-old tribal girl stripped, tonsured for inter-caste marriage
Sunday, October 6, 2013
India: In Aftermath of Riots, Support Sexual Assault Victims
---------- Forwarded message ----------
From: PVCHR Communication
Date: Mon, Oct 7, 2013 at 10:25 AM
Subject: India: In Aftermath of Riots, Support Sexual Assault Victims
To: covdnhrc, jrlawnhrc
Cc: "Dr. Lenin Raghuvanshi"
From: PVCHR Communication
Date: Mon, Oct 7, 2013 at 10:25 AM
Subject: India: In Aftermath of Riots, Support Sexual Assault Victims
To: covdnhrc
Cc: "Dr. Lenin Raghuvanshi"
To,
The Chairperson
National Human Rights Commission
New Delhi
Dear Sir,
I want to bring in your kind attention towards the information published in Human Rights Watch India: In Aftermath of Riots, Support Sexual Assault Victims http://www.hrw.org/news/2013/
(New York) – Indian authorities should properly investigate all crimes, including allegations of sexual assault and gang rape during last month’s communal violence in the northern state of Uttar Pradesh, Human Rights Watch said today.
Authorities should also develop a plan for prompt relief, return or resettlement, and reparations for the riot-displaced and create a secure environment for investigation and prosecution.
Reports of sexual assault have started to surface following the September communal violence in Muzaffarnagar district in Uttar Pradesh that killed more than 50 people and displaced tens of thousands. Many, including girls, are still missing. So far, five criminal complaints of gang rape and two cases of sexual harassment have been registered by the local Uttar Pradesh police.
Indian activists who have visited riot-affected communities report that other Muslim women may have suffered sexual assault, including rape, but have not registered criminal complaints because of the fear of reprisals, stigma, and a lack of faith in state institutions. They are therefore unable to access crucial services including psychosocial counseling, legal aid, emergency medical care, and reproductive health services responsive to the effects of sexual violence.
“The Uttar Pradesh government needs to urgently create an environment for victims to come forward and seek justice,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “Rape victims in communal violence take time to find the confidence to come forward, leaving them without crucial psychological, medical, and other support.”
The September 7 outbreak of communal violence between Hindu and Muslim communities occurred in Muzaffarnagar and spread to surrounding districts of Uttar Pradesh state after a violent altercation that killed two Hindus and a Muslim. The incident, however, sparked rumors of threatened Muslim violence. Hindus from the Jat community, incited by inflammatory speeches from political leaders in a massive gathering, started attacking Muslim communities.
The violence lasted three days, a curfew was imposed, and the Indian army was deployed to restore law and order. By then thousands of Muslims had fled their homes and many are still housed in makeshift relief camps.
In a complaint to the police, one woman described howshe tried to escape the attack on her home by Jat men, but five of them caught and threatened her with a weapon. They forced her inside a house and raped her. She registered her complaint nearly three weeks after the incident, explaining she did not come forward earlier because of fear. All the women who came forward have identified the perpetrators of gang rape.
Instead of taking steps to create an environment that builds the confidence of rape victims, initial responses by police officers recording criminal complaints indicated the opposite. When Human Rights Watch spoke to two officers in charge of the police stations in Muzaffarnagar where the sexual abuse complaints have been filed, both of them raised questions over the legitimacy of complaints pointing to the delay in registering them.
The failure to provide proper rehabilitation and a secure environment for victims to seek justice and reparations exposes serious administrative lapses by Uttar Pradesh state authorities.
“A month after the riots took place, the Uttar Pradesh government has still not set out a concrete plan for proper relief, rehabilitation, and reparations,” said Ganguly. “The authorities need to assess the extent of damage, create a secure environment for reporting abuses, and provide services to victims.”
The Uttar Pradesh state authorities should set up camps with adequate services for the displaced. Services in the camps should be in accordance with the United Nations Guiding Principles of Internally Displaced Persons (IDPs). According to the UN Guiding Principles such services should be developed with the full and free participation of displaced communities and without discrimination. At a minimum, services should guarantee an adequate standard of living, essential food and potable water, basic shelter and housing, appropriate clothing, and essential medical services and sanitation.
Map plan; put in place law to deal with communal violenceSimultaneously, state authorities should develop a longer-term plan to assist communities to return or resettle, and to recover their properties. Where such recovery is impossible, the state authorities should assist affected communities in obtaining appropriate compensation or other forms of reparation as appropriate.
Map plan; put in place law to deal with communal violenceSimultaneously, state authorities should develop a longer-term plan to assist communities to return or resettle, and to recover their properties. Where such recovery is impossible, the state authorities should assist affected communities in obtaining appropriate compensation or other forms of reparation as appropriate.
A plan for reparation should be mapped in consultation with riot-affected communities and rights groups working with them. It should be in accordance with the UN Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law. According to these principles, compensation should be provided for any economically assessable damage, including lost opportunities such as employment, education, and social benefits; and material damages and loss of earnings, including loss of earning potential.
The relief and reparation plans should take into account the specific needs of women, especially victims of sexual violence residing in these camps. Care should be taken to design relief and reparation programs in consultation with women, including rape victims, to address their concerns about trauma, stigma, fear of reprisals, and the communal violence’s long-term impact on their lives. Reproductive and sexual health services and psychosocial support should be provided to all women who need them – whether they are victims of sexual violence or not. The World Health Organization guidelines for medico-legal care for victims of sexual violence should be followed which state that the health and welfare of a survivor of sexual violence is “the overriding priority” and that the provision of forensic services cannot take precedence over health needs.
“Uttar Pradesh state authorities have set up a special investigation team to look into crimes,” Ganguly said. “But nearly a month after the announcement very little is known about the team, its approach to addressing sexual violence in a gender-sensitive manner, or the resources at its disposal to ensure victim and witness protection.”
State authorities should immediately make public and disseminate information about the special investigation team and the resources made available to conduct a thorough and impartial criminal investigation, including its ability to take victim and witness protection measures.
India should also enact a strong law to prevent and respond to communal violence in the country in consultation with rights activists who have experience assisting victims of communal violence. Such a law should be in compliance with well-established international human rights principles, said Human Rights Watch. These include state accountability for failure to prevent and respond to communal riots, including command or superior responsibility, non-discrimination, principles of relief, return, and resettlement in line with UN Guiding Principles, and the right to remedy and reparation in line with UN Basic Principles and Guidelines on Remedy and Reparation.
“Despite riot after riot, Indian authorities have not learned to prevent such violence, assist victims, or ensure justice,” Ganguly said. “An effective law to deal with communal violence is long overdue and now is the time to move quickly to put it in place.”
Therefore it is a kind request please take appropriate action at earliest.
Sincerely yours
Lenin Raghuvanshi
Secretary General
Peoples' Vigilance Committee on Human Rights (PVCHR)
Sa 4/2 A Daulatpur, Varanasi
Mobile no. 09935599333
Saturday, October 5, 2013
Public hearing to ensure human dignity against on bonded labour and children labour
http://www.pvchr.net/2013/10/public-hearing-to-ensure-human-dignity.html
I pleaded before him several times and
said my wife may die due to lack of medication but he remained cruel. I had no
money and was worried. I thought to run away but his men were around watching
me so could not run away. At least my wife too died. We were crying and trying
to wake up my wife but she didn’t. She died weeping in pain. Whenever I
remember those days I weep and fear from inside. I had to give my wife improper
cremation since I could not buy adequate wood for her. My two sons who had lost
their mother and sister were also weeping.
I was broken and
could not even support emotionally my sons. It was due to the brick kiln owner
that my daughter and wife were not in this world. He was responsible for what
has happened. The unburnt portion of the body was being eaten by dogs and I was
thinking about my poverty. Had the brick kiln owner given the labour charge
both would have been living with us. As we came back the owner showed no
humanity and both my sons were put to job without even having anything to eat.
I too started work but spending every moment at that brick kiln was a pain. I
thought had I not come here my wife and daughter would have been alive. (From the testimony of 50 years old Patiraj Musahar who
spent his whole life working as bonded labour in brick kiln factory).
This is not only
single self-suffering of Patiraj but thousands of bonded labours like Patiraj
faced unkindness while demanding their wages and making the final clearance. It
is the worst form of human rights violation. It is violation of Right to Life,
Right to Equality, Right to individual dignity, which are more important.
Landless poor, agricultural labourers, some artisan those having no employment
are the main victims of this system.
Workers employed therein are members of SC, ST and minorities who are mostly non-literate and non-numerate and do not easily understand the arithmetic of loan/debt/advance and the documentary evidence remains with the creditor and its contents are never made known to the debtor.
The provisions contained in “Article 23 of the constitutional prohibits all forms of forced labor including beggar. It makes no difference whether the person who is forced to give his labour or service to another is remunerated or not. Even if remuneration is paid labour supplied by a person would be hit by Article 23. If it is forced labour i.e. service has been rendered by force or compulsion. Article 23 strikes at all forms of forced labour even if it has its origin in a contract voluntarily entered into by the person obligated to provide labour or service.
Workers employed therein are members of SC, ST and minorities who are mostly non-literate and non-numerate and do not easily understand the arithmetic of loan/debt/advance and the documentary evidence remains with the creditor and its contents are never made known to the debtor.
The provisions contained in “Article 23 of the constitutional prohibits all forms of forced labor including beggar. It makes no difference whether the person who is forced to give his labour or service to another is remunerated or not. Even if remuneration is paid labour supplied by a person would be hit by Article 23. If it is forced labour i.e. service has been rendered by force or compulsion. Article 23 strikes at all forms of forced labour even if it has its origin in a contract voluntarily entered into by the person obligated to provide labour or service.
A number of workers were not allowed to leave the brick kiln premise and were providing forced labour. Living conditions at brick kilns are very basic labours lives in jhuggies with bricks piled upon one another as walls and straw covering the top which did not afford any protection against sun and rain. These are like hovels where one has to sit to enter and they are unable to stand. Sanitation facilities are absent. Workers have to relieve themselves in the open. This can be problematic at times and even lead to conflicts with neighboring farmers.
Employer Unions and
their representatives have also signed a Code of Conduct to ensure proper
documentation of the workers and basic facilities at worksite. As a part of
Code of Conduct they will help and facilitate education of children of the
workers, opening of Bank Account, availability of clean and safe drinking
water. But there is no implementation of code of conduct in brick kiln:
• Only one hand pump are in brick kiln
to quench the thirst the average of 70 bonded labour excluding their next kiln.
• No crèches for children below 5 years. The statistic
• No construction of room in brick kiln owner and children are drop out.
• No facilities of health service.
Women suffer sexual abuse and violence. Women experience violence because they are women, and often because they do not have the same rights that men do. No woman in a brick kiln is exempt from violence and exploitation. In the worst kilns, women are raped or economically forced or left with little choice but to serve as prostitutes. The drinking water and fuel (wood) are near to the office of clerk “You take the wood and in return you will give nothing” (From testimony).
Trafficking of children (half of whom are between 11 and 14 years of age) and women is a plague of the poor. Trafficked children are subjected to physical and sexual abuse and treated as slaves, with debt bondage being one of the many tools employed to trap children into perpetual servitude.
Radha, who is originally from a tribal community in Jharkhand state, is among India's vast population of trafficked children, who are especially vulnerable to sexual abuse.
I was with my family when a woman called Shanti visited us and told me to come with her. She was from the same village so I trusted her. She said she was going to take me to a fair. But this woman had tricked me and forced me to go to the brick kiln factory. There I had to work for the owner, doing his cooking and cleaning, and also massage him. Two days after I arrived he forced himself on me. He used to give me a tablet, then he would force himself on me. My room was next to where the owner worked and every time he wanted me, he would come to my room. He would come two or three times a day. I told that woman Shanti that I didn't like it, and she said that “If you tell anyone, the owner will kill you.” One day I opposed it, and the owner beat me up brutally. I was so scared. The brick kiln owner was in his sixties, had no teeth, used to drink a lot, and force me to drink alcohol as well. When I refused, he used to hit me. I'm still in pain from the rapes.
Sometime few bonded labour managed to escape from the brick kiln factory but it takes a long to attain the release certificate after identification and release and there is no effective, meaningful and permanent rehabilitation of these labours. They pillar to post to get rehabilitation amount of 20, 000/- and due to the apathy from the administration and there condition remained vulnerable.
The gap between identification and release on the one hand and release and rehabilitation on the other is clear and pronounced. On account of such a gap, freed bonded labourers lapse back to the vulnerable condition.
The state Government will draw up within three months from 16th December, 1983 a scheme or programme for rehabilitation of the freed bonded labourer in the light of the guideline set out by the secretary (L), GOI in his circular letter dated 02.09.82.
Not only these survivors require rehabilitation to cope with a host of emotional, physical, and psychological needs, they also face economic difficulties. But most of them do not even have a proper place to live, and live in slum dwellings without access to water, electricity, or sanitation etc.
Challenging the impunity through breaking the silence is based on eliminating the fear, phobia, hopelessness and fragmentation of the survivors in empathetic safe and secure environment. Their fragmented story changed into consolidate story which convince district administration to grant the release certificates
The release certificate is not only a legal document for the physical release of the survivors but it is dignity after receiving release certificate from ADM (Administration) Varanasi Siddiquillah took a long breath of relief and state “I will not die as a bonded labour”.
The Bonded Labour System (Abolition) Act, 1976-- provided punishment for compelling a person to engage in bonded labour. In addition to the prescribed punishment for forcing persons into bonded labour, the act by a declaration frees everyone from bonded labour and prohibits contractual agreements, facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature.
The officer conducting an enquiry shall also report whether the employer has committed breach of any of the provisions contained in the Labour Legislations and particularly, the Bonded Labour System (Abolition) Act, 1976, Payment of Wages Act, 1936; Minimum Wages Act, 1948; Prevention of Scheduled Castes and Scheduled Tribes (Atrocities) Act, 1989; Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979; Contract Labour (Regulation and Abolition) Act, 1970; Child Labour (Prohibition and Regulation) Act, 1976; and Weekly Holidays Act, 1942.
• No crèches for children below 5 years. The statistic
• No construction of room in brick kiln owner and children are drop out.
• No facilities of health service.
Women suffer sexual abuse and violence. Women experience violence because they are women, and often because they do not have the same rights that men do. No woman in a brick kiln is exempt from violence and exploitation. In the worst kilns, women are raped or economically forced or left with little choice but to serve as prostitutes. The drinking water and fuel (wood) are near to the office of clerk “You take the wood and in return you will give nothing” (From testimony).
Trafficking of children (half of whom are between 11 and 14 years of age) and women is a plague of the poor. Trafficked children are subjected to physical and sexual abuse and treated as slaves, with debt bondage being one of the many tools employed to trap children into perpetual servitude.
Radha, who is originally from a tribal community in Jharkhand state, is among India's vast population of trafficked children, who are especially vulnerable to sexual abuse.
I was with my family when a woman called Shanti visited us and told me to come with her. She was from the same village so I trusted her. She said she was going to take me to a fair. But this woman had tricked me and forced me to go to the brick kiln factory. There I had to work for the owner, doing his cooking and cleaning, and also massage him. Two days after I arrived he forced himself on me. He used to give me a tablet, then he would force himself on me. My room was next to where the owner worked and every time he wanted me, he would come to my room. He would come two or three times a day. I told that woman Shanti that I didn't like it, and she said that “If you tell anyone, the owner will kill you.” One day I opposed it, and the owner beat me up brutally. I was so scared. The brick kiln owner was in his sixties, had no teeth, used to drink a lot, and force me to drink alcohol as well. When I refused, he used to hit me. I'm still in pain from the rapes.
Sometime few bonded labour managed to escape from the brick kiln factory but it takes a long to attain the release certificate after identification and release and there is no effective, meaningful and permanent rehabilitation of these labours. They pillar to post to get rehabilitation amount of 20, 000/- and due to the apathy from the administration and there condition remained vulnerable.
The gap between identification and release on the one hand and release and rehabilitation on the other is clear and pronounced. On account of such a gap, freed bonded labourers lapse back to the vulnerable condition.
The state Government will draw up within three months from 16th December, 1983 a scheme or programme for rehabilitation of the freed bonded labourer in the light of the guideline set out by the secretary (L), GOI in his circular letter dated 02.09.82.
Not only these survivors require rehabilitation to cope with a host of emotional, physical, and psychological needs, they also face economic difficulties. But most of them do not even have a proper place to live, and live in slum dwellings without access to water, electricity, or sanitation etc.
Challenging the impunity through breaking the silence is based on eliminating the fear, phobia, hopelessness and fragmentation of the survivors in empathetic safe and secure environment. Their fragmented story changed into consolidate story which convince district administration to grant the release certificates
The release certificate is not only a legal document for the physical release of the survivors but it is dignity after receiving release certificate from ADM (Administration) Varanasi Siddiquillah took a long breath of relief and state “I will not die as a bonded labour”.
The Bonded Labour System (Abolition) Act, 1976-- provided punishment for compelling a person to engage in bonded labour. In addition to the prescribed punishment for forcing persons into bonded labour, the act by a declaration frees everyone from bonded labour and prohibits contractual agreements, facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature.
The officer conducting an enquiry shall also report whether the employer has committed breach of any of the provisions contained in the Labour Legislations and particularly, the Bonded Labour System (Abolition) Act, 1976, Payment of Wages Act, 1936; Minimum Wages Act, 1948; Prevention of Scheduled Castes and Scheduled Tribes (Atrocities) Act, 1989; Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979; Contract Labour (Regulation and Abolition) Act, 1970; Child Labour (Prohibition and Regulation) Act, 1976; and Weekly Holidays Act, 1942.
So, in this context PVCHR is organizing one day state – level public hearing on bonded labour with interface with different stakeholders with support from Dignity Danish Institute Against Torture in Hotel India Awadh, Hazratganj, Lucknow on 25th October, 2013 from 11 am to 4 pm.
In the public hearing PVCHR will share the started its foundation journey from 1996 to work on the child labour free village and in 2002 the founder and CEO of PVCHR was appointed member of District Vigilance committee on Bonded Labour under Bonded Labour abolition Act 1976 by the Governor of UP.
In last two and half year PVCHR released and rescued 243 bonded labours, in continuation of released nearly three thousand bonded labour by PVCHR. All released bonded labour belongs to Dalits, tribal, OBCs and minorities communities. So, elimination of slavery of bonded labour is eliminating of caste system, fascism, communalism and patriarchy.
- · Gaps in implementation of Bonded labour 1976 and rehabilitation
- · Discuss on the living condition of the labours in brick kiln
- · Caste, Minority, Patriarchy and bonded labour
The Chief Guest of Public hearing is Shri. Yogesh Dube, Member, National Commission for Protection Child Right (NCPCR), New Delhi
For more information please contact: pvchr.india@gmail.com
To participate in the program and share your case of bonded labour and child labour: Ms. Shruti Nagvanshi: +91-9935599330 and Ms. Shirin Shabana Khan: +91-9453155296 Email: shabana@pvchr.asia
Thanking You
Sincerely Yours
Lenin Raghuvanshi
Secretary General
Friday, October 4, 2013
Nearly 2,000 kids in jail with mothers, says NCRB
---------- Forwarded message ----------
From: PVCHR Communication
Date: Thu, Oct 3, 2013 at 11:52 AM
Subject: Nearly 2,000 kids in jail with mothers, says NCRB
To: covdnhrc, jrlawnhrc
Cc: "Dr. Lenin Raghuvanshi"
Therefore it is kind request please take appropriate action
Thanking You
Sincerely Yours
Shruti Nagvanshi
Managing Trustee
&
Shirin Shabana Khan
Senior Manager
Peoples' Vigilance Committee on Human Rights
Mobile No. +91-9935599330
From: PVCHR Communication
Date: Thu, Oct 3, 2013 at 11:52 AM
Subject: Nearly 2,000 kids in jail with mothers, says NCRB
To: covdnhrc
Cc: "Dr. Lenin Raghuvanshi"
To,
The Chairperson
National Human Rights Commission
New Delhi
Dear Sir,
I want to bring in your kind attention towards the news published in Indian Express on 3rd October, 2013 regarding Nearly 2,000 kids in jail with mothers, says NCRB
http://www.indianexpress.com/
http://www.indianexpress.com/
Nearly 2,000 kids in jail with mothers, says NCRB
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Prisons across the country were also home last year to nearly 2,000 children below the age of six years who were forced to live there with their mothers, the National Crime Records Bureau has found.
Although Supreme Court guidelines say they should be kept away from the barracks where their mothers are lodged, officials said it has not always been practical to do so.
The 2012 data compiled by the NCRB from 1,394 prisons in the country also shows that 1.2 per cent of inmates were suffering from mental illnesses.
The data shows 1,813 children were living with their mothers in prisons, with jails in Uttar Pradesh topping the list with 431, followed by West Bengal (220), Madhya Pradesh (163), Bihar (151) and Jharkhand (132).
"There are strict SC guidelines on how to deal with children of women inmates, both undertrials and convicts. We try not to keep the children with their mothers in the barracks but sometimes it is not possible as they are too small to be left alone," said IG (prisons), West Bengal, Ranvir Kumar.
"We then show some leniency and allow them in prisons at nights. We have to be considerate when it comes to children who are as young as an infant. West Bengal has a higher number as most of these women are from Bangladesh and have been arrested under the Foreigners Act for illegally crossing into the country," he said.
The NCRB also found that as many as 44,470 inmates had mental illnesses, with Orissa accounting for 496 cases, followed by Andhra Pradesh (443), Karnataka (383), Haryana (362) and Kerala (296).
"Although the jail manual says that mentally ill prisoners should be sent to asylums, it is not possible all the time as the degree of illness also varies. We try to keep such prisoners in separate wards and have convicts man their wards so that they do not inflict any injury on themselves. They are treated at the jail hospitals and there have been instances where such prisoners have recovered also," said a senior jail official.
Therefore it is kind request please take appropriate action
Thanking You
Sincerely Yours
Shruti Nagvanshi
Managing Trustee
&
Shirin Shabana Khan
Senior Manager
Peoples' Vigilance Committee on Human Rights
Mobile No. +91-9935599330
Sunday, September 29, 2013
Hon'ble High Court judgement on children of lesser God
PIL on the subject of right of education of the children who are living in different prisons of Uttar Pradesh alongwith their mothers http://www.scribd.com/doc/172025716/PIL-on-the-subject-of-right-of-education-of-the-children-who-are-living-in-different-prisons-of-Uttar-Pradesh-alongwith-their-mothers
Wednesday, September 25, 2013
Friday, September 20, 2013
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