Beruflich Dokumente
Kultur Dokumente
his write-up is based on the Anti torture initiative of PVCHR since its
inception. PVCHR was founded in 1996 by the ve eminent
personalities of Varanasi: Pandit Vikash Maharaj, Sarod Maestro. Dr. Lenin
Raghuvanshi, founding member of Bachpan Bachao Andolan and CoreMarcher of Global March Against Child Labour. Dr. Mahendra Pratap,
historian. Mr. Gyanendra Pati, Poet and Ms. Shruti Nagvanshi, social
activist.
Forward
This booklet aims to chalk out the process of anti-torture initiative of PVCHR
in historical context, empowerment of survivors and marginalized
communities such as bonded labourers, weavers, lower caste groups, who
have faced oppression and exploitation, abuse and mistreatment, in myriad of
ways and struggled their way to ensuring hope, human dignity and honour.
First of all, we are thankful to all the people categorized as 'survivors', who,
despite immense sufferings and pains, refused to bow down to oppression and
exploitation and fought daringly to ensure dignity, human rights and social
justice in the society.
Our sincere thanks to all the staffs and volunteers associated with PVCHR,
and particularly the grassroots workers whose uninching motivation,
courage and hard work has lit lights of hope and optimism in many lives,
brought positive change in their self-worth and led them to the path of
empowerment. We are extremely grateful to Dr Lenin Raghuvanshi, the Cofounder and CEO of PVCHR for mentoring this scientic process
documentation.
We extend our sincere thanks to Ms. Shirin Shabana Khan, Program
Director, PVCHR for her effort to bring this deliberation and helping in
contextualizing this booklet.Finally, we place on record our thanks to
Ms. Hope Chatterton Bentley from Leapnow, Mr. Sunil Kumar Kuksal (a
veteran human rights activist) & Mr. Gaurav Saigal (Senior Journalist)
for valuable input in edit.
Dr. Mahendra Pratap
President-Governing board, PVCHR
Shruti Nagvanshi
Co-founder and managing Trustee, PVCHR
For more information:
Website: www.pvchr.asia
Email: pvchr.india@gmail.com
Blog: www.pvchr.net, www.testimonialtherapy.org,
www.detentionwatch.blogspot.in
Brochure:
http://issuu.com/elias.schmidt/docs/brochure_pvcrh_2011/1?e=0
flQZ gaxkek [kM+k djuk esjk edln ugha] esjh dksf'k'k gS fd ;s lwjr cnyuh pkfg, (I
don't want mere rowing but my efforts are to bring about a change)
cksy x;s fd vijkf/k;ksa dks dej ds uhps ls rksM+ nks D;ksafd ij ekjksxs rks ekuokf/kdkj vk tk;sxkA
(An enthusiastic chief minister said here that criminals should be hit hard
below the belt as hitting them in the upper part will invite a protest for
human rights.)
After reading this statement Dr. Lenin wrote a letter to him on dated 3rd
November, 1997 vkidk Hkk"k.k i<+k ftles fy[kk gS fd vijk/kh dh Vkax rksM+us ls ekuokf/kdkj
esa dqN ugha gksxkA yxrk gS vkius vkbZihlh ds lsD'ku 330 o 331 ,oa Hkk iqfyl ,DV ds lsD'ku
29 dks ugha i<+k gSA lkFk gh ekuuh; loksZPp U;k;ky; usa lat; iwjh cuke fnYyh 'kklu ,vkbZvkj
1988 lsD'ku 414 esa fdlh Hkh O;f dh fxjrkjh lEeku iwoZd rjhds ls djus ,oa iqfyl }kjk
ekjihV u djus dk vkns'k fn;k x;k gSA vkids c;ku us mijks QSlys dk lh/kk&lh/kk mya?ku gSA (I
read your speech where it is said that nothing will happen if leg of a criminal
is broken. I think you haven't read the IPC sections 330 and 331 and the
Indian Police Act section 29. Also the Supreme Court in the case of Sanjay
Puri vs. Government of India (AIR 1988 section 414) ruled that any arrest
should be made with respect and police should not beat up the person who
is being arrested. Your statement is in violation of the Supreme Court's
verdict).
The Peoples' Union for Civil Liberties (PUCL) - UP chapter also led a writ
petition in Hon'ble High Court, Allahabad. The petition was led on the
ground that there is total negation of values of Human Right in the State of
Uttar Pradesh. Kalyan Singh, has openly said in a Press Conference that a
criminal should have no Human Rights, he should either be in Jail or dead.
There had been incidents of 156 encounter deaths in the garb of eliminating
criminals. According to the annual report of National Human Rights
Commission for 1996-97 8497 complaints were received from UP alone out
of a total number of 208333 complaints from all over the country.
http://www.pucl.org/reports/UttarPradesh/up-highcourt.htm
The increasing incidents of extra-judicial killings in India demonstrate that
the government has failed to take effective measures to ensure that the
rights of people are respected in practice. Police can usually commit
extrajudicial killings with impunity. The Indian media and NGOs have
documented hundreds of such killings but their efforts to x accountability
have always been hampered by systematic refusals by the police
administration. The absence of police records, including in many cases a
post-mortem examination or registry of arrest and detention, makes it very
difcult to disprove the claims put forward by the police and other security
agencies.
In June, 1997, Varanasi police killed Bablu Singh, Mr. Vidya Tiwari, Mr.
Pappu Singh and Mr. Rajendra Pandey in Manjmatiya village under Cantt
police station of Varanasi district. According to Dr. Lenin, On the same day
around 3:35 pm I received the information and I left on my scooter from the
ofce along with my brother Rahul Raghuvanshi to the place where the
killings took place. After meeting with the villagers it was concluded that
Bablu Singh was killed after he surrendered to the police. Two others, Vidya
Tiwari and Pappu Singh were also killed after surrendering. According to the
villagers only Rajendra Pandey was killed in the real encounter while trying
to ee. A relative of Rajendra Pandey who tried to escape was killed by the
police after a long chase. Bablu Singh, Rajendra Pandey and Vidya Tiwari
had criminal history but police failed to provide any information on the
criminal record of Pappu singh who was also killed in the encounter.
Photographs which appeared in some of the local newspapers raised doubts
over the nature of the deaths (brief from news published in daily English
newspaper the pioneer).
The fact nding report along with spot photographs of the incident were
sent to Justice Malimath, Member, National Human Rights Commission
(NHRC), H.E President of India and Amnesty International. On 9th June,
1997 this report was also released in a press conference held at Paradkar
Smriti Bhawan, Maidagin, Varanasi. After 5 days of the press conference
the editor of the daily Hindi newspaper AAJ published an editorial story dSlk
ekuokf/kdkj (What are Human Rights). The editorial also highlighted the role
of NHRC in investigating the cases of extra judicial killings. ^^ekuokf/kdkj
vk;ksx dks pkfg, fd ekuokf/kdkj lEcU/kh f'kdk;r feyus ij mlds gj igyq ij xEHkhjrk ls fopkj
djs] ekSds dh utkdr dks le>s vkSj ;g Hkh ns[ks fd tks vijk/kh iqfyl }kjk eqBHksM+ esa ekjs x;s os vke
turk ds fy, fdrus [krjukd FksA** (The Human rights commission needs to
investigate all angles of a case when a complaint is led in their ofce, think
on the circumstances and also look into the threats to common people from
those criminals killed in police encounter).
Whereas on March 29, 1997 Justice M.N. Venkatachaliah, Chairperson,
NHRC sent a letter to the Chief Ministers regarding the Procedure to be
followed in cases of deaths in police encounters. He also gave directions to
dkf'kr vkt nSfud lekpkj i= dh lEikndh; esa frf;k dSlk ekuokf/kdkj ekud 'kh"kZd ls
dkf'kr gqbZA ;fn i<+k tk;s rks ;g eglwl gksrk gS fd ;g laiknd fd lksp u gksdj iqfyl dh
frf;k gSA iksaxk iaFkh] ?kqjgw drok: vkfn 'kCnksa dk bLrseky laikndh; esa 'kkfey gSA fofnr gks fd
lafo/kku ds vuqNsn 21 esa thou thus dk vf/kdkj gS lkFk gh Hkkjr esa baVjus'kuy dksosusaV vksa flfoy
,aM iksfyfVdy jkbV~l ICCPR ij gLrk{kj fd;k gSA ftles vuqNsn 6 esa thou thus dk vf/kdkj
dks fdlh Hkh Lrj ij lajf{kr fd;k x;kA iqfyl dks [kqye&[kqYyk vkReleiZ.k ds ckn tku ls ejus
dk dksbZ vf/kdkj ugha gSA ijUrq laiknd usa iqfyl dks tku ls ejus dk] iw.kZ vf/kdkj nsus fd 'kf'kkyh
larqfr djrs gq,] lafo/kku ds nk;js esa la?k"kZjr ekuokf/kdkjoknh dk;ZdrkZvks dks lh/kh&lk/kh iqfyfl;k
/kedh nh gSA lkFk esa gh Loa dks laiknd U;k;ky; cukdj ge tSls ekuokf/kdkj dk;ZdrkZvks dks
vijk/kh ?kksf"kr fd;k x;k gSA (On June 14 in the Hindi Daily Aaaj a reply to the
editorial What are Human rights was published. A careful reading of the
reply gave the impression that it was from the police side and not reecting
the thoughts of the editor. Words, such as 'Ponga Pandit' 'Ghuru Katwaru'
were used in the article. It may be noted here that article 21 of the
constitution of India gives every citizen the right to life. It should also be
mentioned here that India is a signatory to the International Covenant on
Civil and Political Rights (ICCPR). Section 6 of the ICCPR ensures the right
to life in all circumstances. Police have no right to kill anyone if a person has
already surrenderd in full public view. But the editor seemed to be not only
advocating the right of police to kill someone even after the surrender but
also threatening the human rights activists who worked within the
framework of the constitution of India. It appears that in his views he has
termed himself to be editor and judges and accused human rights activists
a being 'criminals').
Again on 29th June, 1998 intervention was sought in a case from National
Human Rights Commission (NHRC) with the following demands:
All encounter killings should be investigated by an independent agency
and prosecution should start immediately after quick, independent
scientic investigation
Sufcient restriction on the use of re arms
Formulate rules according to the UN Basic Principles on the use of force
and re arms.
were agitating and police ring was resorted to. (From the statement of
Mrs. Kusum Singh submitted to Chairperson, NHRC)
In March, 1997 Justice M.N
Venkatachaliya, Chairperson,
Justice V.S. Malimath,
Member and Shivaji Singh,
Senior Superintendent of
Police of National Human
Rights Commission conducted
an inquiry on this case at
Banaras Hindu University with
the concerned ofcials and
political parties in evening in
the ofce of Bachpan Bachao
Andolan in Daulatpur, Varanasi.| nSfud tkxj.k] okjk.klh bykgkckn] 2 ekpZ] 1997.
On the direction of Commission three families received the compensation of
4 lakhs rupees each and 10 thousand rupees to the 12 injured students. 8
students received from 400 1000 Rupees. 12200 Rupees were given to the
Udai Pratap College to cover the cost of the damages. But no disciplinary
action was taken against the concerned ofcials.
Police are bereft of decency and brazenly out all the norms to pin down the
innocent for extracting approval on the crime, which they have never
committed. According to Justice Anand Narayan Mulla former Chief Justice
of Allahabad High Court, There is not a single lawless group in the country
except police? Police is the organised gangster of criminals in uniform.
In 1998 Shri Chabbu Lal and his daughter Hiravati Devi were killed in police
ring and police led three FIR crime no. 45A3/98, 453B/98 and 453/98
under sections 147/148/149/323/504/506/307/336/332 of Indian
Panel Code against deceased Chabbu Lal, Hiravati, Jai Hind and others.
After a CBCID enquiry constable Piyush Kant Rai was found guilty and
Court sentenced him to life imprisonment with a ne of Rupees 10,000.
http://www.pvchr.net/2006/04/accused-person-and-constablepiyush.html
It is apparent that the police force is the biggest agency for the maintenance
of rule of law and protection of human rights. However, police torture is
prohibited under section 330 -331 of Indian Penal Code (IPC). Forceful
approbation of crime by police under section 161 C.r.P.C is not admitted as
evidence under section 26 of the evidence act; if the statement is not given
before the magistrate. Then the question arises as to why police are taking
the hold of torture?
Rakesh Viz was detained in connection with the murder of his friend Sanjay
Singh who was shot dead. Rakesh Kumar Vij had been subjected to severe
physical torture, ill-treated and electric shocks had been administered to
him by making him urinate on a live electric coil in order to elicit information
about the murder by the Uttar Pradesh (UP) Police. This had necessitated
the hospitalisation of Rakesh in order to save his life. The NHRC took
cognizance of the matter and issued notice to the Director General of Police,
UP. The report received from the Senior Superintendent of Police, Varanasi
stated that the victim had sustained injuries as a result of a fall while trying
to escape from police custody. It also mentioned that Shri Rakesh Viz had a
criminal record. On the demand an inquiry by the State CBCID, initiated by
the UP Government, substantiated the Investigation Team's report.
On the direction of the commission, the UP Government constituted a
Medical Board to assess the extent of physical disability suffered by the
victim. The Medical Board submitted its report stating that the victim did
not suffer from any gross structural damage, and that most of his
complaints were subjective. The report also stated that the patient had
made a good recovery and that all his medical test results were within
normal limits. In view of grave apprehensions of miscarriage of justice, the
Commission got the victim examined by the Delhi Trauma and
10
11
12
ckn Hkh iqfyl dk joS;k ugha cnykA iqfyl dk joS;k o pfj= vkt Hkh vaxzstks ds 'kklu tSlh gSA ns'k esa
102 o"kZ iqjkuk tsy ,DV gSA ogh nwljh rjQ ,,u eqYyk o jk"Vh; iqfyl vk;ksx dh fjiksVZ ykxq
djus fd bPNk 'kf fdlh Hkh ljdkj esa ugha gSA mUgksaus crk;k fd ckck Hkhe jko vEcsMdj ds usr`Ro esa
cus lafo/kku ds vuqNsn 21 esa thou thus ds vf/kdkj dks gj le; ,oa fdlh Hkh Lrj ij lajf{kr djus
dk kfo/kku gSA (Even after 50 years of independence the attitude of the police
has not changed. Cops behave and act even today as they did during the
British period. On the other hand no one is interested to implement the
recommendations made in the report of AN Mullah and various National
Police Commissions. He said that the provision under Article 21 of the
Indian constitution for right to life has to be preserved at all levels).
The organization successfully used the mainstream media i.e. newspapers
to monitor the cases of human rights violations from the northern part of
India (Uttar Pradesh, Madhya Pradesh and now Uttarakhand). The cases
were intervened with various concerned authorities such as the case of
death in police custody in Udham Singh Nagar now in Uttarkhand, Killing of
students in police ring and custodial deaths, torture and ill treatment in
prisons and forgiveness of inmates who spent more than 28 years in
Varanasi Jail and forgiveness of handicapped inmates etc.
In 1999 many daily Hindi newspaper such as Amar Ujala and Rashtirya
Sahara highlighted the worst conditions of human rights in Uttar Pradesh.
In a complaint to NHRC, Dr. Lenin requested it to call the meeting of
Secretary of Home Ministry & DG (P) for immediate curative and protective
action such as awareness drives among police ofcials. On that complaint
(case no. 13601/24/98-99) the NHRC issued notice to Home Secretary,
Government of Uttar Pradesh to respond in four weeks. After a detailed
analysis of various cases of torture it was demanded from NHRC to look into
the followings:
Because of the increasing number of cases of police atrocities and torture
of innocent people and human rights activists, It was suggested that a
permanent monitoring cell may be formed for the Varanasi and
Chandauli districts together which will send monthly reports to the
NHRC.
It is essential to impart proper training to the concerned police personnel
related to all forms of torture. It would be advisable for these police
personnel to have a handbook regarding child abuse, sexual exploitation,
bonded labour, illegal child labour and rights of detained persons etc.
13
The Juvenile Justice Act, 1986, was enacted in an attempt to address the
plight of children within the justice system. It was based on the United
Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules). Generally, this law, like constitutional rights
and other legislation intended to protect children's rights, is ignored. The
Juvenile Justice Act prohibits the detention of juveniles in police station or
jails for periods longer than twenty-four hours. It also requires the
registration of "neglected" and "delinquent juveniles" and requires that
juveniles be sent back to their parents or guardians or to a remand home
immediately following either their identication as a "neglected juvenile" or
their arrest as a "delinquent juvenile." But, the act also makes the police
responsible for identifying neglected juveniles and arresting delinquent
juveniles.
From police custody, the children may be sent before a juvenile board, or a
juvenile court, headed by a magistrate with jurisdiction over juveniles who
have been arrested on a criminal charge as children coming in conict with
the law. Both the court and the juvenile board have the authority to send
children to institutions known as observation, remand, special and
juvenile homes. Thus, regardless of their status as juvenile offenders,
abandoned or orphaned children, or children awaiting trial, all children are
remanded to the same institutions.
In 1996, Dr. Lenin sought the intervention of NHRC in the cases of ill
treatment of children in the remand homes of Varanasi and Jaunpur. On
the complaint a two member investigating team of the National Human
Rights Commission compromising of Deputy Superintendent of Police Y.K
Gupta and Inspector Mahendra Singh Yadav visited remand home across
the Ganga region and met the inmates and authorities in connection with
the allegations of ill-treatment.
In 1998 again, Dr. Lenin sought the intervention of NHRC in cases of
violations of human rights of children in remand homes of Varanasi, Bijnor
and Haridwar and demanded: 1. A study of remand homes of UP by special
rapporteur 2. Instructions to the
secretary of department of social
welfare, UP about taking appropriate
action and 3. Continuous vigilance
and follow-ups. According to Dr. Lenin
He along with other human rights
activists visited the remand home in
Ram Nagar and they found that
several inmates were suffering from
stomatitis, Cheilosis and anaemia due
14
15
16
17
18
19
silent, so that they do not raise their voice. The refusal of the police to
investigate cases of caste discrimination and gender discrimination is a
common practice and they often fail to register cases under Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act. A majority of the
torture cases takes place in rural India. The prevailing social structure does
not allow someone from the lower caste, Scheduled Castes and Scheduled
Tribes or from an economically backward section to assert his/her socio,
economic and cultural rights due to the fear of retaliation from the nonState actors.
The ght for Dalit rights in India has had a chequered history. They have
faced betrayals and been let down by their own political masters through
out history. Mainstream politics in India has only recently and reluctantly
acknowledged the space for Dalits. Till now, the main thrust of political
intervention has been in the shape of reservations in government posts
without adequately making them empowered to get a rightful and dignied
place in society.
There is a considerable amount of conspiracy nationwide by Hindu fascist
forces against the lower castes. This was evident from the nationwide spell
of destruction of statues of Dr B R Ambedkar. It is an irony that he is
considered as the father of the Indian Constitution and also a Dalit who
fought his way in a caste ridden Indian society.
In May 2000 lfefr usa rhu lnL;h; Mk0 ysfuu] Kku dk'k o Jqfr tkp ny xfBr dj fi;jh
dkaM ds iqjs ekeys dh iM+rky dhA tkp ds nkSjku ?kVuk ds p'enhn xokg o iSjksdkj ls ckr fdA
ek;kjke esa crk;k fd xzke iapk;r }kjk Lrko ikfjr dj ckck lkgc Mk0 Hkhe jko vEcsMdj dh ewfrZ
dh LFkkiuk gfjtu cLrh esa dh xbZA tc ewfrZ LFkkfir gks xbZ rks xko ds iwoZ /kku 'kj.k 'kadj flag
mQZ uSikyh flag us tkfrxr Hkkouk ls sfjr gksdj rF;ks dks fNikrs gq;s miftykf/kdkjh lnj ds
U;k;ky; ls ewfrZ gVokus dk vkns'k kIr dj fy;kA blds ckn 26 ekpZ dks jkf= 8%30 cts pkScsiqj
Fkkuk/;{k lnycy gfjtu cLrh igqpsA ;s lHkh yksx ewfrZ LFky ds ikl igqps vkSj Mk0 vEcsMdj dh
ewfrZ m[kkM+us yxsA cLrh ds yksxks us dgk fd ;fn ewfrZ gVkuh gh gS rks mls m[kkM+ fn;k tk; ysfdu
mls {kfrxzLr u fd;k tk;sA iqfyl usa ,d u lquh vkSj ewfrZ m[kkM+ dj pcwrjs dks vkaf'kd :i ls
{kfrxzLr dj VSDVj ij ykndj ys tkus yxsA cLrh okyks ds fojks/k ij iqfyl mu ij dgj cudj VwV
iM+h vkSj ,d ?kaVs rd fiVkbZ vkSj rksM+QksM+ dk rkaMo pyrk jgkA
bl ?kVuk ds lEcU/k esa fxjrkj vksadkj Hkkjrh] fnyhi dqekj o vjfoUn dqekj dh mez 16 o"kZ ls de gS
vkSj os o;Ldksa ds lkFk tsy esa can gS ftldh tkudkjh loksZPp U;k;ky; dks ns nh x;h gSA
(A three member committee was formed (Dr Lenin, Shruti and Gyan
Prakash) that probed the Piyari case. During the probe the members spoke
to the witnesses of the incident and the advocates. Mayaram told that the
Village Panchayat passed a resolution to build a statue of Baba Saheb Dr
20
Bhim Rao Ambedkar in the Harijan locality. After the statue was installed,
the former village head Sharan Shankar Singh alias Nepali Singh driven by
anti dalit feelings/hatred got the order from the court of SDM to remove the
statue. The facts were concealed before the court. After this the Chaubeypur
police station ofcer reached the same Harijan locality on March 26, at 8.30
pm with other policemen and started removing the statue. People present
there demanded that if the statue has to be removed it should be done
without damaging the statue but the cops did not listen and took away the
statue on a truck after damaging portion of the platform. When the villagers
resisted the action of the policemen they had to bear the brunt as police men
charged on them and beating went on for over an hour damaging all the
village properties.
Those arrested in the incident Onkar Bharti, Dilip Kumar and Arvind
Kumar were all minors below 16 years of age and lodged with adult
prisoners in jail. The Supreme Court of India was informed about the
incident.
PVCHR gave its report to the UP SC/ST Commission, NHRC and the UP
Governor which put the blame on people belonging to both the sections and
demanded an impartial investigation.
Modern India embarked on the road to freedom with a resolute face to
deliver social justice along with dignity to its millions of ever-enslaved,
downtrodden, poor and Dalits. In the last 67 years, however, little has
changed. The atrocities against Dalits have taken a more blatant and
bizarre form and in some parts of the country, they have shaken the
condence in humanity that calls itself civilised.
On 16 May 2001, a few Maoists Co-ordination Committee (MCC) members
came to Narketi village and summoned all the villagers for a meeting.
Around 100-150 villagers were present at the meeting. The meeting was
held under a tree near the village temple. The purpose of the meeting was to
call for a strike on the collection of tendupatta which the villagers sold in the
market to supplement their income. The purpose of calling a strike was due
to non-payment of dues owed to the villagers by the Forest Corporation over
the past year.
The Forest Corporation owed the villagers of Narketi Rs. 50,000/-, while in
the entire block the outstanding balance due to the people was
approximately Rs 17 lakhs. Another demand was for a raise in the wages
paid for the collection of the leaves from Rs. 32/- to Rs. 40/- per bundle.
(Each bundle consists of 100 bunches of 80 leaves each). The MCC told the
villagers that the U.P. government was giving far less than other states like
21
Madhya Pradesh and Bihar where the wages are as high as Rs 50-60 per
bundle.
Three ofcials from the Forest Department Viz . Kamlesh
Upadhyay(Vandaroga) Forest Ofcer; Kushi Ram Dubey, Forest Guard; and
Ram Lal, Watcher were also present. At around11 a.m. the meeting with the
villagers came to an end, and the MCC sent the villagers back to their
houses. The MCC continued to hold discussions with the Forest
Department personnel.
The villagers told that a police team came and began ring without giving
any warning. Around 25 rounds were red. The MCC people who were
present red in retaliation. The MCC took the three Forest Department
personnel and left the village. The police too left the village. After about three
hours, the police returned in ve or six vehicles and began beating those
villagers who were returning to the village from the forest. They left the other
villager and took Nakhru, one of the villagers, into custody. He was released
the next day on 17 May 2001.
That day the police beat men, women and even children. Anjani, Phuljari's
5-year-old girl was severely beaten on the hands by the police. She has been
so terrorised that for months she would run away if any stranger
approached the village. They destroyed the houses of those villagers whom
they suspected of having links with the MCC. They took away chickens,
farming implements, a bicycle, and broke household items such as pots,
utensils and plates.
The police took twelve people of the village into custody. One of the twelve in
jail stated that they were interrogated several times, and also beaten. At
3:00 a.m. in the morning he could hear Shyama (another person who was
taken into custody) screaming in terror and begging not to be beaten. The
following day six of them were released while the other six were detained and
have been in jail for nine months now.
In the past, we were told, if anyone from the lower caste breached the
unwritten law of caste hierarchy, the person would be beaten up in public.
With the passage of time, now such a person will be shot dead, the entire
village burnt down and its women raped. A bridegroom daring to ride a
horse during his marriage, an enterprising peasant digging a well on his
own land, or a boy who falls in love with a girl do you kill them? If they are
Dalits, they are killed. Yet, we say there is rule of law in India!
Dalits have an appalling rate of literacy. When the national average touches
67 per cent, among the Dalits it is a mere 32 per cent. And if one happens to
be a woman from that community, it is still less at 23 per cent. Only 6 per
22
cent Dalits own land. Most of them labour in someone else's elds or migrate
to cities sacricing their identity, as petty labourers.
A glaring social anomaly that is becoming increasingly apparent is the one
that exists between the lower castes or Dalits and the upper castes in Indian
society. This discrimination is manifested in several ways. The Dalits live in
a segregated, undeveloped part of the village. They cannot use the wells,
temples and other village infrastructure and other facilities that are used by
the upper castes.
fnukad 25 ekpZ] 2002 dks 'kke djhc 7%00 cts dks HkksFkw eqlgj iq= Lo lkfyd jke xzke Hksy[kk] Fkkuk
cMkxkao] okjk.klh vkius xko ds floku esa nhi flag ds can iM+s Hks ds jkLrs ls muds ?kj ljir dk
iSlk ekaxus gsrq tk jgk Fkk fd jkLrs esa gjgqvk pkSdh ds Hkkjh Jh ohjsanj dqekj feJk ,oa flikgh ds
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Fkkuk/;{k jkBkSj Fks os Hkh iwN&rkN fd;s vkSj eq>ls ,d lknk dkxt ij vaxwBk yxokdj 26 ekpZ]
2002 dks fnu esa djhc 10%00 cts thi ls pkSdh Hkkjh ohjsU dqekj feJ ys vkdj Fkkuk f'koiqj {ks= ds
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VwV x;h FkhA
(Bhotu son of Late Salik Ram resident of Bhelkha police station Baragaon
district Varanasi on March 25, 2002 at around 7 pm was on his way passing
through his closed brick kiln to the house of Pradip Singh to ask for due
money. He was waylaid by Harhua police-out-post in charge Virendra Singh
and a constable. According to Bhotu, Seeing the cops I stopped and greeted
them but in return the in-charge shouted on me and abused me badly. When I
replied and asked them what wrong I have done that makes you people so
angry. The constable accompanying the in-charge started hitting me
indiscriminately with the baton. When I shouted, villagers came for my help.
However, seeing the station police ofcer and a constable beating me none of
them could dare to come forward to help me. After beating me they took me to
the police-out-post and again thrashed me. By then my family members and
other villagers including both men and women gathered at the police station
but instead of leaving me they (cops) took me to Baragaon police station.
There was only one police ofcer at Baragaon police station named Rathore
who again questioned me and then next day on March 26, 2002 forced me to
give my thumb impression on a plain paper. Then I was taken to the hospital
23
24
n 2000 PVCHR started its work in southern ghetto of Belwa village where
mostly people from other backward caste (OBCs) and dalits such as
Patels, Mushahars, Kohars, Lohars and Nuuts resides. The village has 8
purvas (divisions), but there is only one government school, which is not at
all sufcient to meet the education demands of the village. According to
Gaharu Mushars I had gone only once to the school and there upper caste
aristocratic children attacked me and hit on my head after that I never went
to the school. This clearly shows the people are full of biases towards us. But
now the situation has changed somewhat and we get the opportunities also
and therefore, now I am learning everything without any fear. Now we have
stopped doing such works like plucking leaves and making eating plates.
We want to be free from doing these dangerous and risky jobs. If somebody
provides us different types of jobs, we would want and do that. PVCHR with
the support from Fellowship from Ashoka Innovator for Public, Child Rights
and You (CRY) and later with the support of Sir Dorabji Tata Trust (SDTT)
have been operating Pre- Primary Center and Non Formal Center to
educate the children of the marginalized community.
25
Bhotu, a 55-year-old bonded labourer and his brother Gaharu were freed
from the clutches of brick kiln owner Rajendra Tiwari. This work has been
hazardous with meagre wages. Some years ago Muneeb, Monu, Seema and
Karmina all aged between nine months and eight years died working in this
types of industry. Though the district administration claimed the kids died
because of various ailments but the villagers hotly contest this. "We cook
once in three or four days, can our children be healthy?" asks Kismati,
whose three-year-old son Muneeb died on May 29.
http://www.pvchr.net/2006/09/four-dead-and-still-counting.html
The primary health centre at Baragaon had recorded that the children were
suffering from severe malnutrition and weighed only 10 kg. PVCHR during
its health camp found that more than 80% of kids were malnourished. "It
took three deaths for the district authorities to issue Antodaya Anna Yojna
(AAY) cards (which entitles the holder to 35 kg of rice and wheat at a
subsidised price of Rs 95)," said Lenin Raghuvanshi of PVCHR.
Before that they survived on low-quality grain and chaff doled out to them
by the kiln owner instead of cash or just starved. "We go to work even when
someone has died and the body is at home.
It is almost noon by the time the women get around to cooking but the meal
is ready in a jiffy. A few rotis and a bowl of salt water ! Dip, dip, dip...and the
hungry children gulp down their rst and last meal of the day. ''By
evening, they will be crying again but a slap or two will quieten them down,''
says Laxmina, wife of a brick kiln worker and mother of three. Her face is
dead pan but her voice betrays her desperation. These months are the worst
in Belwa. With the brick kilns closed from July to October, the hamlet's
Musahars, the bottom rung in India's caste system, struggle to survive. And
it is children who are the most vulnerable.
Rajendra Tiwari maintained the culture of silence through police torture
and marginalized the OBCs and dalits communities by keeping them in
bondage, depriving them from education and seizing their identity cards. He
prevented the people of Badepur from voting and even stopped some people
from getting their photo-identity cards made. In November 2001, the Dalits
were mobilised to participate in NAFRE rally in Delhi to demand for a
change in the educational policy of the government. Mr. Tiwari sensed the
wave of dissension rousing in the Dalit community and openly threatened to
destroy the homes of those who attended the rally. His muscle men
disrupted the meeting in Belwa being addressed by the Convenor of PVCHR,
physically attacked and abused PVCHR activists and threatened to kill
them.
26
The result was visible in the February 2002 state election when for the rst
time, Dalit men and women openly challenged Mr. Tiwari. Many of the
Women had come armed with chilli powder and the men with Sickles. Many
of them could not vote did not have the proper documents. (It is again
because Mr. Tiwari had prevented their Ration Cards to be ready in time as
well as the inclusion of their names in the Voters List). The issue got wider
media publicity that helped in checking his abusive behaviour. The BSA/
ABSA also visited Badepur and conrmed the urgent need for a school. The
nal blow was the visit of an NHRC team and the transfer of the village
secretary from Belwa to Lakhimpur. By that time the people of Badepur had
become more condent .With nancial Help from PVCHR and their own
contribution of labour and material, the community school was improved
upon with better roong and rooms. The student population soon exceeded
200 children. PVCHR was developing it as a model centre.
http://tanweeras.blogspot.in/
In 2002 as being the member of District Vigilance Committee against
Bonded Labour Dr. Lenin led complaints, based on which there was a
criminal case against Rajendra Tripathi registered by Magistrate (Sub
Divisional Magistrate). The case is pending against Tripathi in court.
In the 24th, 2002 a local Newspaper, Dainik Jagran, published the news of
the raid mentioning that on the direction of NHRC, the SDM and some
labour ofcials raided the kiln of Tiwari and later an FIR was led against
him at the Phulpur Police Station under IPC 374. Gaharu complained that
Tiwari had paid Bothu Rs.800.00 but claimed that he had paid Rs.1400.00.
On the evening of the 24th both Bothu and Gaharu had complained before
the SSP who issued orders to the in-charge of Phulpur Police Station. Four
women bonded labourers, i.e., Champa Devi w/o Gaharu Musahar, Kismati
Devi w/o Waharu Musahar, Hirawati Devi w/o Late Ramavatar Musahar,
and Hirawati Devi w/o Bhothu Musahar, all belonging to the village Belwa
under police station Phulpur, had signed an Afdavit that they have been
working as bonded labourers. http://www.pucl.org/Topics/Industriesenvirn-resettlement/2002/musahar.htm
On May 2002, Justice Dr. Z.M. Yacoob, the Sitting Judge of the
Constitutional court of South Africa and the Chancellor of the University of
Durban visited Badepur and participated in a community lunch with the
Dalits. All of this brought positive changes and raised the condence of the
Dalit community. Rajendra Tiwari, the current village head of Belwa
village, never planned to open any school for the Musahars and he engaged
them as bonded labourers in his brick kiln factory. Even the BRC
coordinator in his report stated that 211children were employed in the
brickelds and this ghetto was marginalised due to political bias and
enmity.
27
28
the Uttar Pradesh State Commission for Scheduled Caste and Scheduled
Tribe to participate in these sessions. The member of the Commission Mr.
Rajbahadur Yadav participated in one of these sessions held at Belwa on 21
May 2007.
Meanwhile PVCHR also promoted establishment of community centers in
these villages, of which the community centre in Belwa was inaugurated by
the then DM Mr. Nithin Gokarnan. Mr. Gokarnan later served as the
Divisional Commissioner of Varanasi.
In December 2007, PVCHR also planned to erect two monuments in Belwa.
One was in the memory of the Musahar and the other for poor children who
died of starvation in Belwa. In another event the members of the Musahar
and other socially marginalised families took the solemn oath in one of the
folk school sessions. The content of the memorial tablet and the oath is in
plain and simple language. http://www.humanrights.asia/news/urgentappeals/AHRC-UAU-004-2008
On 9 December, 2007 Rajendra Tripathi has led a complaint against Dr.
Lenin and his colleagues at the Phulpur police station making false
allegations against PVCHR and Dr. Lenin.
To
Police Station Ofcer,
Phulpur, Varanasi
Sir,
The applicant Mr Rajendra Prasad Tripathi, son of Raj Narayan Tripathi is a
resident of Belwa village within the jurisdiction of Phulpur police station of
Varanasi district.
He is a peace loving person. In the applicant's village, now Dr Lenin
Raghuvanshi, Ms Anupam Nagavanshi and Ms Shruti Nagavanshi of village
Pandeypur and Daulatpur and Mr Prem Nut, son of Mahangu, Ms
Kalawathi, wife of Sherbahadur of Belwa are running various NGOs Jan
Mitra Nyas (funding organisation), People's Vigilance Committee on Human
Rights, Sawitri Bai Phule Samiti, Bhagat Singh Youth Samiti, Voice of
People, etc. They are giving fake assurances and alluring illiterate and poor
people with money, Anthyodaya Anna Yojana Card (AAY Card), housing,
pension, allotment of land and jobs and in turn they are earning money.
They have compelled the villagers to get into class conict and are
interfering in the village committee politics by instigating the villagers by
making provocative speeches. It is their routine work to organise gathering
against the administration and other respected people of the village and
29
they regularly conduct gherao in the district head quarter and against other
high ofcials.
The above people and their NGO's work are responsible to create class
conict and lawlessness. If legal action is not taken against the above
people, the situation of conict and disorder will be created. Sir, I urge you
to take legal action against the above people so there could be peace in the
village.
9 December 2007
Applicant
Mr Rajendra Prasad Tripathi
Village Belwa
The dream of marginalised people to educate their children was fullled,
albeit to some extent, with the inauguration of a school by elementary
education ofcer Pradeep Kumar Pandey on 2 August 2009 with the
exceptional contribution of Reshma Devi, a local resident of Belwa village.
She donated her own land and Jan Mitra Nyas (JMN)/PVCHR contributed
in bearing the expenses for its registration. The inaugural session was
witnessed by the key staff of PVCHR, Loreine B de la Cruz (Lou), chairperson
of Balay in the Philippines and Frauke Bergmann, interns from Germany
and many teachers from the nearby government school and other people of
the village.
In 2001 PVCHR formed a fact nding committee headed by Prof. Deepak
Malik (Ex- Chairperson Teacher Association, BHU) as a chairperson and cochaired by Dr. R.P Divedi (Director, Gandhi Adhyanpeeth, Mahatma
Gandhi Kashi Vidyapith) and member Dr. Lenin (Convenor PVCHR),
Advocate Tanveer Ahmad Siddiqui (Co-ordinator HRLN, Varanasi and
member, state council PUCL, UP) and Smt. Shruti Nagvanshi (Co-ordinator,
Savitri Bai Phule Women Forum) which looked into the procedures followed
during the arrest in Uttar Pradesh in the light of the provisions provided by
the judgement of Hon'ble Supreme Court in the case of D.K Basu V/s West
Bengal.
This fact nding committee had investigated various cases related to
police torture during the period of arrest, interrogation and pre- arrest. The
committee met the victims and collected all the facts to be produced before
an Indian People's Tribunal (IPT) on Caste Based Atrocities on Dalits in
Varanasi and Surrounding Areas in UP. The IPT was presided over by a
panel headed by Justice K. Sukumaran (Retired Judge, Kerala and Mumbai
High Courts) with Dr. Kusum Singh (Professor in Gandhian Studies, Media
and Social Change), Deepika D'Souza (Co-convenor of the IPT), Sunil Scaria
30
& Devlyn Newnes (Joint Coordinators of the IPT) as its members. The jury
visited the villages of Narketi, Babatpur and Belwa in Varanasi and
Chandauli district. http://www.iptindia.org/wpcontent/pdf/report/Report-On-Caste-Based-Atrocities-On-Dalits-InVaranasi-And-Surrounding-Areas-In-Uttar-Pradesh.pdf
The jury recommended that:
1. An immediate judicial inquiry needs to be conducted against the police
ofcers involved in the various atrocities and police rings. Those
involved must be punished.
2. The people who have been victims of these atrocities must be provided
adequate compensation. This includes those who have lost a family
member, those injured, as well as those whose property and household
goods have been looted and destroyed. (List of items lost, people injured
annexed in annexure I and V). Such payments are in tune with legal
principles and judicial decisions.
3. It is advisable that the Government conducts an impartial and
independent inquiry into all cases of police torture and other atrocities.
A thorough investigation by an independent agency such as the
Central Bureau of Investigation (CBI) needs to be conducted into the
alleged collusion of the police with the local goons. Stringent
punishment has to be meted out to the perpetrators like police and the
upper caste maa.
4. A State Human Rights Commission needs to be put into place
immediately and provided with the necessary budgetary provisions
and infrastructure if it is to function efciently. It must have effective
powers and those practices that have been set in place in states that do
have such Commissions should be studied and followed.
5. The Guidelines provided by Justice D.K. Basu on arrest and detention
must be strictly followed.
6. Under no circumstance should people be tortured. The practice of
community punishment must be stopped immediately.
7. The powers of the Gram Sabha should be upheld when it comes to
implementing local policies.
8. The Scheduled Tribe Commission should be notied about the fact that
elsewhere in India, Kol, Mushar and Kharwar, are notied as
Scheduled Tribes but here they are clafed as Scheduled Castes. This
is important as Scheduled Tribes are entitled to special privileges
which at the moment they are denied.
9. Basic amenities like land titles, irrigation, water, schools and health
facilities must be provided to these people. There is a need to review the
existing government schemes that provide such facilities and
inspections by responsible ofcials should be conducted periodically,
to ensure that these people are not denied access to the benets of
these schemes.
31
10. The villagers should be made aware of their rights and judicial
decisions. However, if the entire village is illiterate, this poses a massive
problem. The Tribunal came across villages where there was not even a
single literate person. In the village of Narketi for example, even the
Pradhan and his father who was also a Pradhan before him were not
literate. This emphasises the necessity for literacy measures to be
taken ensuring total literacy among all sections of society.
It is important that these steps are followed and the government punishes
those guilty of victimising the weak and the underprivileged if faith in the
Rule of Law is to be restored. If not then people will be pushed to become
extremists and take up arms and the very fabric of the society will be
threatened.
In 2006 PVCHR received the rst project to work on the police torture as a
state partner of The EU-FNST-Peoples' Watch Tamil Nadu (PWTN) project,
National Project of Preventing Torture in India. In a span of three years
under this initiative 800 cases of police torture were documented in six
districts of Indian state of
Uttar Pradesh. The project
organised 197 awareness
programmes, regular Folk
Schools and Human Rights
Street Movements in Uttar
Pradesh, to encourage the
victims of custodial torture to
speak and stand up for their
rights so as to live with
dignity. The project
culminated in a Peoples'
Tribunal on Torture. An
eleven member jury headed
by Mr. Sanker Sen, former Director General- National Human Rights
Commission was constituted to conduct the proceedings. Other members of
the Jury included Mr. Ashok Chakravati(former Senior Director NHRC), Ms.
T.K Raja Lakshmi (Senior Assistant Editor, Frontline), Dr. John Dayal
(Chairperson, All Indian Catholic Union and member National Integration
Council), Mr. Chittaranjan Singh (National Secretary People's Union for
Civil Liberties), Mr. K.K Rai (Senior Advocate, Allahabad Court), Mr. Ram
Ashray Singh (Secretary General PUCL), Ms. Sandhya (Convener Mahila
Adhikar Manch), Ms. Kum Kum (Deputy Director, Mahila Samakhya), Mr.
Maheshananad Bhai (Bhumi Haqdari Morcha UP) and Ms. Padma
(Convener, Stree Adhikar Sangathan (UP). The jury heard 78 depositions
from the victims of torture, abuse, custodial violences etc.
32
At the end of the two days public tribunal, the jury drew the following
conclusions:That the overwhelming majority of the victims who had faced police torture
and harassment in some form belonged to the most socially and
economically depressed sections of society including women and
minorities.
That such torture tactics were more prevalent in those cases where a
certain amount of assertion of their rights was made by the victims and
where the victim questioned the methodology of the police.
That with rising consciousness among people about the language of "rights"
as well as growing economic insecurity, the incident of conicts between the
police and ordinary people had increased, mainly due to absence of rule and
law.
That almost no "human rights" institution of the state, including National
and state Human Rights Commission has been effective in dispensing
justice to the victims and that the devolution of the concept of rights had yet
to take place at ground levels.
That while these institutions and Government Commissions, including
Women and Child Rights Commission at the national and state level have
generated a lot of expectations amongst ordinary people, but at the same
time there was much disappointment among the victims as they had not
received prompt and effective responses they expected from these
institutions.
That there is a need for increased follow up actions by theses bodies upon
the receipt of complaints.
That there is a need to put in place a time bound accessible system for
providing compensation and interim relief to the victims.
That there should be no attempt to dilute any legislation aimed at
protecting scheduled castes and tribes such as Scheduled Caste and
Schedule Tribe (Prevention of Atrocities) Act 1989. The act has been clearly
designed to protect the interests of those people and therefore needs to be
retained in its present form.
That police reforms, including better representation of these classes and
castes in various police agencies in the interests of the most marginalized
sections, is an absolute necessity. The police reforms should aim at
sensitizing the police.
That India needs to ratify the United Nations Convention against Torture
33
34
out but none of the policemen cared to give us any rst aid. We were rushed to
Chowkhaghat jail and stayed there for eleven months. It was quite difcult to
manage the house. There was a constant fear of police coming during the
midnight hours in the minds of those living in the home. We had to toil hard in
the jail. Rotten chapattis and stale dal were served to us as food in the jail.
With utmost difculty, my grandmother could arrange some money to get my
father and uncle released. We were trying to settle down after 11 months of
incarceration. Just after a week a police jeep came to our house and took all of
us to the police station again. We were kept in the police station throughout
the night and next day, we were put behind the bars for 3 years. Our family
members tried to get a surety bond for our bail but they failed. We have to do
back breaking labour in the jail. At home, it was too difcult for my wife,
mother, and grandmother to arrange square meals a day. They could
somehow feed themselves. In jail at that time we used to think what crime we
have committed by being born as a 'Mushahar'. Without committing any
crime, we were rotting in the jails and my wife, mother, and grandmother
were waiting for us at home.
The records of the Phulpur police of Varanasi refer to them as hard working,
fearless and dangerous community. Police look for every opportunity to
implicate the community members on cases of petty theft and send them to
the prison. In more than 90 percent of cases of torture against the
Musahars, PVCHR has found that fake cases had been led due to collusion
between local maa and police/local administration. The prison ofcials
also desperately need them for doing the menial work like cleaning the toilet
and sweeping the complex. The PVCHR fact nding team also found that
Musahars are not even eligible for red cards as the state does not consider
them very poor. Many among the starving population of the community
even do not qualify to be considered for white card meaning they are not
below poverty line.
PVCHR has been providing legal support to the victims of torture by
adopting testimonial therapy as a specic therapeutic technique for them.
The aim of the testimony is to facilitate integration of the traumatic
experience and restoration of self-esteem among the torture victims. It had
lent them its helping hand in building up their organisation so that
Musahars are empowered in putting up a brave front against false
implication and unjustied incarceration.The police personnel in Phulpur
police station view the Musahars as enemies. After the situation started
improving, they changed their tactics and now target only few among them.
Now the numbers of cases have come down and police are restrained to
falsely implicate Musahars on fabricated charges. PVCHR has been raising
voice against impunity and trying to break the culture of silence
35
36
37
Patel's family disputed the police's account, and in January 2008 they
succeeded in getting an FIR registered against the police and other
individuals alleging a conspiracy behind the murder of Patel. According to
Patel's brother Ramlal, on December 13, Patel's friends Manoj Kumar Yadav
and Bully Yadav called him continuously from noon, urging him to attend a
dinner party.
Two hours after Patel left on his motorcycle for the dinner, one of his
brothers received an anonymous call saying that Patel had met with an
accident. A neighbour also received an anonymous call saying Patel was at
Pragya Hospital Harahua, but when they later checked they found the
hospital had no record of him having been there. In a statement to a local
magistrate, Patel's father, who died in 2008, said police denied knowing
Patel's whereabouts later that night, well after the time of the alleged
encounter killing.
The testimonial therapy is a short psychological approach to trauma that
utilizes the testimony method. The testimony is the truth telling and
emotion-pain sharing of the survivors with which truth is an important
aspect of the justice process. The testimony is viewed within the broad
framework of social construction and provides valid information of human
rights violations without humiliating the witness. More often than not, it
resulted in the survivors overcoming of depressive symptoms and coping
with difcult situations. Survivors rediscover self -worth and dignity. They
regain self-esteem through the recording of their stories in a human rights
context, as such; private pain is reframed with a political meaning.
On 8th August, 2007 Anita Devi (name changed) led an application under
section 156 (3) Cr.P.C in the court of the judicial magistrate (I), Varanasi
against constable Prem Kumar Rai Korauta. With the order of the court on
14th October, 09, an First Information Report (FIR) was lodged in the police
station in Lohta under crime no. 130/07, section 354 I.P.C & 3(I) X
Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 against
Prem Kumar Rai. After an investigation charge sheet was led against the
accused. The accused appeared and led the bail application. He
surrendered before the court. He was granted bail by the special judge of
Varanasi, on furnishing sureties of Rs. 4000. After the charges were framed,
a summon was issued to the informant. Anita received the compensation
under Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. She
was physically humiliated by lustful police constable. She was in trauma
and feeling of insecurity has been growning up in her heart and mind. She
was not in a proper mental state to ght her case in the court. But
testimonial therapy has made her will strong and she became condent and
fearless. After receiving a summon from court she deposed before the
38
magistrate without fear as a prosecution witness and her husband was also
examined as prosecution witness no III. Her husband was physically very
weak and poor. Afer this he also deposed before the court without any
hesitation and produced all the facts about the incidents that had taken
place with his wife in the fearful night. Both husband and wife by now
gathered enough courage to ght and get justice.
The survivors shared that they felt good when their stories and testimonies
were published. They valued its signicance in the pursuit of advocacy.
They understood that their case stories are important for advocacy in
various villages. They realised that it is very important and helpful to share
their stories to peers. It was clear to them that their testimonies are hope for
justice.
The testimony of Kaju was produced in fast track court (FTC) I, District
court, Varanasi as a supportive document for his case. On 1st June, 2009,
the court gave order in his case and accepted that Kaju was juvenile on the
date of incidence on 26/8/2001. So, the case was transferred from the court
for investigation to the juvenile board under the provision given in Juvenile
Justice Act. http://www.testimonialtherapy.org/2009/06/order-in-caseof-kaju.html, http://www.pvchr.net/2006/03/india-arbitrary-arrestand-fear-of.html
To increase the awareness about how torture engenders psychological
symptoms in survivors and how it affects their daily life, the rst national
consultation on 'Testimony to improve psychosocial wellbeing and promote
advocacy for survivors of torture and organised violence' was organized at
Viswa Yuvak Kendra, New Delhi on 16- 17 April, 2014. In this consultation a
National Alliance on Testimony Therapy (NATT) was formed by the
Panellists for further use of testimonial therapy in India. The consultation
was attended by key human rights organizations of India. The NATT
strategy focused on the issue of institutions and survivors through;
Healing
Legal Redress
Solidarity & Protection
Institutional Reform
In a span of ve years the organization created a pool of 147 trained
community workers and human rights defenders from the Indian states of
Uttar Pradesh, Uttarakhand, Bihar, West Bengal, Jharkhand, Assam,
Manipur, Karnataka and Madhya Pradesh for providing psycho-social
support to survivors.
In 2010 NATT secretariat formally launched the NATT subscription form
and now 99 organizations from 16 states as members. In 2012 second
39
40
41
Creation of a data base ofcase studies were used intensely for the purpose of
advocacy. Case documentation has helped in making strategies for further
action and to address the root causes of torture. Cases, based on the merits
of fact-ndings, cases were undertaken for intervention at the national and
state level human rights institutions, authorities, and political parties and
in the court. PVCHR is continuously involved in follow ups of cases for its
logical culmination in further years.
In at least 1000 incidences of atrocities on Muslims, after sustained
advocacy, PVCHR succeeded in achieving some results such as
compensation to the victims, punishment to the accused/guilty,
institutional advocacy, and judicial intervention as per the status of the
case. In 223 cases the guilty policemen or ofcials were served notices and
disciplinary action was initiated after the intervention by the Hon'ble
Chairperson, National Human Rights Commission, Governor, Director
General of Police and district level ofcers. When the administration did not
give a reply on the progress of the cases then Right to Information (RTI)
application was led and reply was obtained in 215 cases. The project had
also strengthened state legal service authority and in many cases they
extended their support by proving lawyers.
Years
st
1 year
nd
rd
Year
3 Year
Duration
Fact
Finding
Interventions
Response
Close
Judgment
1 January 2011 To 30
November, 2011
201
1143
1 December 2011 To 30
April 2013
606
1546
31
37
1 May 2013 To 31
December 2013
193
848
Total
1000
3537
40
44
The project intervened in 265 cases of communal riots and did spot visits. It
proled the communal riots of Muzaffarnagar and released urgent appeals
such as focus Truth of riot victims of Muzaffarnagar's relief camps:
Displaced, Hounded and Killed - in a Bloody Path of Politics and also
intervened on various hapless issues from the camps . On a complaint the
Vice President of India, Hon'ble Hamid Ansari intervened and directed the
Secretary Home, Ministry of Home Affair to take appropriate action. The
issue of relief of Muzaffanagar riot victims was also taken up for discussion
in a programme on Rajya Sabha TV called Desh Deshantar Muzaffarnagar: Hanging between relief & turmoil.
The project has contributed to be strengthening of human rights
42
43
In the whole of Uttar Pradesh, after the project completion the organisation
could build a team of around 1560 strong cadre of Human Rights Defenders
with 272 women HRD who were imparted trainings to acquire knowledge
and expertise on various government social schemes and their
implementation procedures, laws and guidelines. The project not only
focused on technical capacity building workshops but also organized
perspective building workshops focusing on fascist propaganda of branding
madrassas as hub of terror and nurseries of hate, police atrocities and
biases against Muslims during any communal violence. Several other
important issues were also addressed such as socio-economic, educational
and political status of Muslim community at large and the Sachar
committee ndings about the conditions of Indian Muslims. Other
minority-related schemes like the Prime Minister's 15-Point Program
covering issues of education, employment, housing and credit facilities, for
minority Muslims have not brought the desired results in addressing the
Muslim deprivation, or nor they have delivered any benets to poor Muslim
communities.
PVCHR organized an Independent People's Tribunal on Police Torture
against Muslims to highlight and present a systematic account and
assessment of the incidences of gross human rights violations suffered by
the members of Muslim
minority in the districts of
Varanasi, Moradabad, Aligarh,
Chandauli and Meerut in Uttar
Pradesh. The Tribunal had its
sitting for two days from April 3
to 4, 2013 at Varanasi, Uttar
Pradesh. Justice Shri Surendra
Nath Bhargava, Retired Chief
Justice of Sikkim High Court,
Sri S. R. Darapuri, Inspector
General of Police (Retd), Uttar
Pradesh, Shaheen Nazar,
faculty, Sharda University, UP and former Senior Editor, Arab News
Jeddah, Saudi Arabia, Jyoti Swaroop Pandey, IPS (Retd) from the Police
Reforms Commission, Uttarakhand, Shahina Rizvi, former head, Urdu
Department, Mahatma Gandhi Kashi Vidyapeeth University, Varanasi,
Irfan Ali Engineer, Director, Institute for Peace Studies & Conict
Resolution Mumbai, Maharashtra and
Utkarsh Sinha, Editor,
Avadhnama, Lucknow, Uttar Pradesh were the members of the panel who
heard 30 selected cases of gross violations of human rights. Cases of
custodial deaths in Uttar Pradesh in recent years were placed before the
jury for its consideration.
44
Jury Recommendations
45
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
46
47
48
49
50
51
When family members reached the hospital they saw Pannalal was lying in
the hospital bed with a mask on his face and nose that was connected to a
gas cylinder. The doctors in the hospital referred Pannalal to Sir Sunderlal
Hospital in BHU but the cops didn't take him there. Instead the SO
Chulapur took him to a private hospital Shubham on Maqbul Alam road /
jail road. Upset with the developments, the family met circle ofcer Pindara
who replied assured the family, You people need not worry as we will take
care of all the treatment and related expenses. You should not do any legal
work in this connection. At the hospital the family was allowed to meet
Pannalal only after signing papers and when they refused to put their
signatures or thumb impressions, the cops tried to force them to do it. The
family was upset and left the hospital. Since then the family has been
avoiding the cops. The family called up at the ofce of the People's Vigilance
Committee of Human Rights and explained the entire case. After a short
discussion on the case it was decided that two representatives will meet the
family and decide the further course of action.
Finally three of the family members came to talk at the PVCHR ofce but
they were afraid of cops and initially hesitated to speak up. They looked here
and there thinking that people present in the ofce might be with the police
only. Gradually during the interaction they were told abouth some village
residents who were familiar both with the aggrieved family as well as the
organisation. They were also called to talk to the family. This was how the
conversation started and the aggrieved family could have some faith in the
organisation. PVCHR recorded their video statements at the nearby Arya
Samaj School but the family still remained quite apprehensive about the
organisation. Sometimes they said the organisation should not write and
le a complaint and sometimes they said, 'Our family members have been
beaten up for no fault of their own and we are running for our lives. We need
to save his life now.'
The family was repeatedly saying, They should return Panna in the same
condition as they took him. We have nothing else to say or demand. The
PVCHR representatives visited the hospital to see the conditions of Panna
and inform his family about his health. Meanwhile the organisation staff
sent a fax application to the National Human Rights Commission at about
2.08 pm on the basis of which a notice was issued to the SSP Varanasi on 26
May, 2012. The ofcial vehicles of the circle ofcer and station ofcer were
present at the hospital gate. Cops were deployed from right from the
entrance to the ICU. At the reception PVCHR representatives enquired
about the health of Pannalal, the hospital staff informed that the condition
of the patient was serious so he was shifted to the ICU ward and he was
unable to speak. They told that a short while ago the SDM had visited the
patient and then left the hospital. PVCHR representatives went to the ICU.
52
There were guards standing and without taking the Identity of the visitors
no one was allowed inside. When asked the person standing outside said
that Pannalal was not in a state to speak and there was no point for the
PVCHR representative to meet him. The PVCHR representatives told the
staff they wanted to meet the SO.
The staff said he was unaware about the presence of the SO. The situation
inside the hospital appeared as if all the staff members were aware about
the incident. The representative tried a second time to meet the SO and this
time he succeeded, entering with the attendants of another patient. On the
stairs the guards again reminded him that no one is allowed inside. He kept
on moving nodding his head in response and there he saw armed policemen
deployed inside. He avoided speaking to those policemen and asked from
the staff about Pannalal. The staff said, 'How come you people are inside?'
His question alerted the policemen and they also started staring at the
PVCHR representatives.
The PVCHR representatives said, 'Is the SO not here, I wish to see Pannalal'
and moved inside. The staff replied Ok but you cannot visit right now
without the permission of the doctor. Some journalists also came but they
met from outside only. The PVCHR representatives managed to see
Pannalal and saw he had a mask on his face and pipe attached to it. It
appeared as if the hospital staffs was looking for the family members on a
war footing.
Meanwhile PVCHR's ofce got calls from some of Pannalal's relatives in the
hospital that the SO has been calling them asking to bring the family
members to hospital to look after Pannalal. The SO even threatened that if
the family members do not look after him properly, their lives will be ruined.
The village head was also pressuring the family to go and look after the
victim. The village head was silent on other developments. Outside the
PVCHR representative saw the SO with a plastic bag containing medicine in
it. He delivered it at the ICU. Some of his supporters were talking in low voice
then suddenly the SO made a call to someone and started talking slowly and
gradually shifted aside. The talks then became loud where the SO was
threatening someone that they should come to see Panna. 'You people are
not doing right, come and see Panna and we shall see the expenses,' he said
over the telephone. Visibly upset with the reply from the other side, he
disconnected the call and came back to his supporters and started talking
to them. At this moment PVCHR representatives asked about Pannala's
condition and he said, 'He is OK.' The representatives came out and told this
to Pannalal's family members and the members of the committee.
Meanwhile the male members of the family of the victim were compelled to
53
stay away from the house during the night as the policemen came several
times looking for them. On 23 May, 2012 the Chief Minister, DGP, UP and
National Human Rights Commission, New Delhi were sent written
applications both written and video statements of the victim's family for
action on the case. A notice was later issued on 11 July, 2012 to SP
Varanasi.
PVCHR got the information that Pannalal was about to be discharged from
the hospital, So PVCHR representatives went to the hospital. They saw
many vehicles parked there with ags of several political parties on them.
Police jeep too was coming and leaving frequently. PVCHR representatives
asked the registration desk about Pannalal whether he was discharged or
not. The reply came, that papers were ready and we can not tell how his
health is? Yes but he is speaking now.
After coming back, the representatives kept a tab on the happenings sat the
hospital while standing at the main entrance. They tried nding Pannalal
but he could not be seen anywhere. Watching them it appeared as if Panalal
was dead as policemen were in anxiety moving from one place to another.
The SO frequently came and went back in his jeep. The constable who was
deployed outside the ICU was staring at them. As well as two constables
sitting in the jeep were supposed to be keeping a watch on us. The
supporters kept on coming and inquiring. They spoke to the SO and took
note of the situation and left. Village heads of several villages were also there
and they were with the station ofcer. Till midnight PVCHR could get no
information on Pannalal. After some time the PVCHR team came to know
that all of them had left, leaving the victim with the village head of Fakirpur
and also left the medicines that were being used for treatment, but they took
the papers related with the treatment. This was when the family members
had demanded the treatment slips and SO had refused to give them. The
PVCHR representatives noticed a hole on Pannalal's chest that was covered
with an adhesive tape. His condition was serious and he was then admitted
to Sir Sunderlal hospital in Banaras Hindu University. He was unable to
utter words due to weakness. Pannals's physical condition still remains bad
and his entire family living in abject poverty can hardly afford the expensive
treatment.
After the cops handed over Pannalal to his family, did not until any nancial
assistance. After all these developments, psychological support and
treatment were given to Pannalal by conducting sessions of testimonial
therapy. This helped the organisation to gain some level of condence and
mental strength, since PVHR had been ere struggling to achieve some
improvement in the situation. In this episode on 19 May, 2012 Pannalal had
a heated argument with a neighbour over water drainage.
54
55
56
alcohol. At that moment, it seemed I would die and then, police raided in
other 12 places.
Next day on 3rd May 2009, at around 12 noon, Sub Inspector Sudersan
called me at the police station. With an intention to create fear in my mind,
he put my right palm under his chair and then asked, Tell me, where are
the looted materials, who were the people involved in the burglary? There
was excruciating pain in my palm. Then also, he called policemen and asked
them to take me to the compound and thrash me continuously. Incessant
blows with the wooden stick were rained throughout my body, barring my
head. In the thumb nger of the right hand there was an injury and swelling
for many months together. After the beating, then I was pushed behind the
bar, without giving any food throughout the day. At around 1.30 am in the
midnight I was taken to Sub Inspector Sudershan's house and I was
interrogated thoroughly, even I was pressurised to narrate truth or lie. I was
grilled there for one and half an hour. Then the police constables brought
me back to the police station by thrashing and hitting me with the wooden
stick. Before putting me into the lock up, incessant blows were rained on
me. It became so intolerable that I fell on the ground. Without any food, I
was pushed in a lock up that was occupied by 15 inmates. Then, on 4th
May 2009, the Sub Inspector called me again and told me to sit on the stone.
Twice electric shocks were forcibly administered on me. I was getting
thirsty, when I asked for water, policemen did not heed to my request. When
third electric shock was given I became unconscious and remained in that
condition for 5 days.
The testimonial method adopted for therapeutic assistance to the torture
victims has been a very helpful tool for the human rights organisations.
Survivors of torture are often lonely and isolated from their community,
group, friends, and family. They feel that their dignity has been destroyed by
the police force that has stigmatised them as criminals. They badly need to
regain their dignity and honour through a form of social recognition in
which their private truth is openly recognised and becomes public truth,
and their suffering is acknowledged and becomes part of social memory. A
general silence often surrounds the political repression, as if it only exists in
the minds of the survivor, but the narratives of the survivors preserve the
history.
Mohammad Aamir Khan was released from prison after fourteen years of
incarceration. He was an innocent person all throughout. PVCHR
recognized and honoured his courage and conviction in a ceremony where
the organization provided him with certain amount of money for his
mother's treatment. His mother got sick due to his prolonged imprisonment
and his father also died while trying to seek his release. This is what he had
57
58
their villages beating menfolk and sexually assaulting the Ghasia women.
Peeved by police repression, the Ghasia tribes have protested in the past.
There have been cases when police retaliated by entering their homes in
dark night and tried to silence children, elderly people and pregnant women
by kicking them with their heavy boots. Ghasia men had their arms and
limbs broken on many occasions. The consequences of their ill treatment
and deprivation have been obvious and visible as the Ghasia community
has been forced to survive by begging on the streets. Intermittently, many of
the youths from the Ghasia ghetto were falsely implicated and pushed
behind bars. Most of them took loans to get their release on bails. Loans
were taken by mortgaging their ration cards to the money lenders, who
showed their dominance by wielding stronger clout and charging heavy
interest from the families of Ghasia youth. It pushed them further to
deprivation and destitution.
Then, PVCHR organised the basti dwellers and initiated a social process to
facilitate justice for tha Ghasia community. PVCHR in collaboration with
Care House Foundation and Parul Sharma, a Swedish resident of Indian
origin have planted 100 saplings of drumsticks in Raup village to tide over
infant and maternal mortalities. PVCHR has even petitioned NHRC on the
problems confronting the Ghasia tribe. In its follow up, villagers staged
protest 'dharna' at the district headquarter.
NHRC issued notices to the Uttar Pradesh Government for initiating action
on the long-standing demands of the Ghasia tribe and asked the State
Government to keep them posted with the development within a week.
Then, the district administration was thrown from its slumber and was
back in action. They pressurised the basti dwellers to downplay the deaths
of the children not due to hunger but out of any disease. Even they were
threatened of eviction if they didn't submit and change their version of
children's deaths. Facing ofcial apathy and highhandedness, a cycle rally
was organised to mark the starvation deaths of children's martyrdom,
which commenced on 7th December from Kavardih (Nogarh), Chandauli. It
culminated at Raup Ghasia basti on 10th December, which is Human
Rights Day. The cycle rally was able to draw the attention of the district
administration. In the district headquarter at Varanasi a memorandum
signed by 300 people was submitted with a charter of demand.
(http://www.pvchr.net/2012/11/karma-festival-way-to-dignity-oftribal.html
In 2010 PVCHR adopted 50 villages in ve administrative blocks Badagaon and Pindra blocks in Varanasi district, Tanda block in Ambedkar
Nagar district, Robertsganj block in Sonebhadra district of Uttar Pradesh,
Domchach block in Koderma district in the state of Jharkhand oinIndia to
59
60
Variable
Sex
Age
Type of Victim
Caste
Religion
Education
Occupation
61
Category
Male
Female
15-30
31-60
61+
Primary
Secondary
Upper
Backward
Scheduled
Tribe
Indigenous
Hindu
Buddhist
Muslim
Christian
None
Primary
Secondary
BA
MA
Religious school
Other
Unemployed
Landless laborer
Household work
Agriculture
Business
Government service
Private service
Other
N (%)
253 (53,8)
217 (46,2)
157 (33,3)
286 (60,7)
21 (4,5)
357 (76,0)
113 (24,0)
19 (4,1)
168 (36,0)
243 (52,0)
36 (7,7)
3 (0,2)
398 (84,5)
14 (3,0)
57 (12,1)
2 (2,4)
218 (59,7)
72 (15,3)
57 (12,1)
11 (2,3)
9 (1,9)
1 (0,2)
36 (7,6)
62 (86,8)
68 (14,4)
177 (37,6)
53 (11,3)
8 (1,7)
7 (1,5)
8 (1,7)
202 (42,9)
WHO-5:
Risk of
stress/depression
P-scale:
Participation
restriction
Pain Analogue
Anger Analogue
Human Rights
Activist indicators
62
Baseline
N (%)
Average
14,8
High risk (0 - 422 (89,6)
35)
Some risk (36 - 31 (6,6)
50)
Low risk (>50) 16 (3,4)
Average
36,1
Follow-up
N (%)
50,2
145 (30,8)
No
Mild
moderate
Severe
Extreme
Average
No pain (0)
Low (1-2)
Medium (3-4)
High (5)
70 (14,9)
64 (13,6)
79 (16,8)
150 (31,8)
98 (20,8)
3,1
23 (4,9)
152 (32,6)
150 (31,6)
141 (30,3)
253 (53,7)
88 (18,7)
58 (12,3)
32 (6,8)
7 (1,5)
0,94
146 (32,7)
266 (59,7)
32 (7,2)
2 (0,4)
Average
No anger (0)
Low (1-2)
Medium (3-4)
High (5)
Political party
member
Works in
political party
Member of HR
movement
Believes in HR
3,46
16 (3,4)
111 (23,8)
163 (34,9)
177 (37,9)
17 (3,6)
0,93
134 (30,2)
284 (63,9)
23 (5,2)
3 (0,7)
10 (2,1)
19 (4)
10 (2,1)
43 (9,1)
100 (21,2)
399 (84,7)
435 (92,4)
80 (17)
219 (46,5)
13,9
63
64
65
66
67
68
After the honor ceremony, the survivors expressed their satisfaction with
the process and this ritual apparently became a turning point in the
healing process. Seemingly, the ceremonial element represented the social
recognition needed. It re-connected the survivors with their community and
ensured that their private truth became part of social memory. The
ceremonies are organized as follows:
1) At public demonstration in front of Government Head Quarters
2) At Folk School meetings popular schools for the poor and
marginalized
3) At community center meetings in the villages
4) At street plays and performances
5) Peoples' tribunals that bring attention to critical human rights issues
6) At religion institutions (for creating broader solidarity)
7) At forums for survivors
Meta Legal Intervention:
Complaints in standard complaint format from victims of TOV are taken by
trained Human Rights workers working in 6 blocks of Jharkhand and Uttar
Pradesh. Torture victims needing assistance go to one of the workers
associated with PVCHR where their complaints are recorded on a standard
complaint sheet. Thereafter this complaint is drafted in a letter by the
Human Rights workers who send it to the relevant government authorities
such as the Senior Superintendent of Police, District magistrate, the
headquarters of the police ofcers in the relevant province and also to the
Human Rights Institutions at provincial and national levels.
The same letter is forwarded to the PVCHR central ofce. Afterwards the
central ofce of PVCHR contacts the relevant Human Rights worker which
sent the letter, gets further information and prepares the complaints as a
petition for meta legal intervention or an Urgent Appeal in urgent matter
and sends it to regional organizations such as Forum Asia and international
organizations such as frontline Defenders, OMCT, FIDH, Amnesty
International etc by email. PVCHR also drafts letters for the relevant UN
Rapporteurs and other UN agencies and informs them about the incident.
PVCHR also appeals to the local government authorities and Human Rights
Institutions at national and provincial levels. In urgent cases, PVCHR
releases Urgent Appeal (UA).UA creats a lot of pressure for the Government
from national and international levels.
Each stage of the case documentation is done locally by lawyers who are
assigned the case. Such documents may consist of petitions to the courts.
The lawyers draft the materials on the basis of legal requirements. At
further stages when the case proceeds to the court under section 156 IPC or
200 Cr.Pc, inquiries are made by investigation ofcers and nally a case
69
70
71
72
73
from different places come to visit our places. First time government ofcials
came to visit our ghetto. Before that no one came to visit our ghetto. We also
have our own identity as our dignity. Children got their birth registration
certicates and for our voter ID card form no 7 was lled by the concerned
authorities. In the absence of these "identity" cards, even the most basic
rights sometimes get trespassed, resulting in exploitation and
discrimination, and even violence.
Now the community leaders are monitoring all the schemes. We are
inculcating their knowledge and skill through continuous capacity building
workshops on various Acts and guideline and by participatiing in various
programmes. Now the people from different communities are coming to this
ghetto and seeking help from them, said Shiv Pratap Chaubey, Model Block
Co-ordinator, Pindra Block
Recently Fr Bernardo Cervellera, Director of Asia News and 31 other people
from Italy visited Musahar ghetto in Sarai village of Pindara, Varanasi as a
mark of tribute and honour to the heroic non-violent ght of Musahar
people. The success of Sarai village achieved by the people of Sarai is
making ripple effects on the struggle against poverty, injustice, caste
system, torture and organized violence with the slogan: You can
The 'torture free' model villages within the selected blocks stand as a symbol
of concrete expression of protective space for the community people in
continutiy and raise the awareness of the local population in a sustained
manner against the prevalence of torture and organized violence (TOV)
asserting their rights to be free from TOV.
Wall Painting: Wall paintings in all model villages with slogan for rights and
the slogan helpline
T- shirt: 100 t- shirt with the slogan
Long live testimonial movement and
we are proud that we did not believe in
caste were distributed to community
leaders with the photo of Baba Bhim
Rao Ambedkar.
Survivor to bare-foot worker:
Challenging the impunity through
breaking the silence is based on
eliminating the fear, hopelessness and
fragmentation of the survivors in an empathetic safe and secure
environment. Psycho social and legal support through Testimonial
74
75
76
with a top down advocacy and lobby strategy to cooperate, collaborate and
coordinate which incluses; an opportunity to engage various government
agencies including the National Human Rights Commission at the district
and provincial levels and an opportunity to raise and represent the voices of
the communities. On the other hand, it is also an opportunity for PVCHR to
combine the strength of the communities in a convention where various
representatives of the villages meet and learn from one another.
Coordination and collaboration is established at varying levels: between
communities and PVCHR; between and amongst communities, within
model blocks; between and among civil society groups such as NATT in line
with freedom from torture agenda, with government authorities, from the
state level to the national level; with the United Nations with regional and
international bodies, with diplomatic channel and with academician.
PVCHR promotes testimonial therapy in an Indian context among civil
society groups, with government agencies, parliamentarians and within
villages and blocks. There is a need for a cultural transformation so that
these stakeholders would be open and active for such kind of intervention.
The formation of the National Alliance on Testimonial Therapy (NATT) was a
milestone which demonstrated the appreciation of the values of psycholegal form of intervention for survivors of torture and their families and
communities. The collaboration and coordination established within the
National Alliance was a good beginning to meet and overcome the existing
challenges for the ongoing work on torture and organized violence.
The second phase of the project is to develop and scale up the role of PVCHR
as a knowledge hub in the country with radiating inuence at the subregional level in terms of TOV and the broader human rights movement. The
knowledge hub and its inuence is largely based on the support of focal
points which would be indentied from and located within the
communities. They would work to further develop healing and psychosocial
support, in sustain the heightened advocacy for justice and prevention and
engage all actors and multi-stakeholders at varying levels at the national,
sub-regional and international levels through active cooperation and
Dignity.
The communities and partners of PVCHR in the National Alliance on
Testimonial Therapy (NATT) will be responsible for the documentation
based on the learning from the grassroots level to be used for enhanced
advocacy. The purpose is to bring about policy changes with a clear
objective to effect improvements in the criminal justice system and
simultaneously improve the governance system for torture prevention.
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78
proper security to human right activists and said the state and democratic
forces should come forward for their protection and establish rule of law. He
further noted that the people should be informed about the Human Rights
Day and Human Rights Defender's Day to know their rights. Speaking on
the occasion, other speakers also pointed out the cases of human rights
violations by the police. They also condemned the life threat given to PVCHR
general secretary Lenin Raghuvanshi.
The message of NHRC was also circulated on the occasion. The NHRC in its
message said that 9 December declared as Human Rights Defenders Day to
acknowledge and pledge continued support to the human right defenders
who are working for the creation and sustenance of a rights respecting civil
society.
According to NHRC's message, the nation as well as international
community around the world are increasingly realizing and acknowledging
the role and contribution of human rights defenders in strengthening the
human rights regime throughout the globe. NHRC considers the human
rights defenders as its partners in the endeavour to fulll its role as an
institution for promotion and protection of rights of the common man. The
NHRC understands that there are many security risks for human rights
defenders and they have to tread a very risky and difcult path to perform
their tasks. NHRC has always been aware of the problem and harassment
experienced by human rights defenders.
The inaugural session was followed by the testimonies of human rights
defenders. Many human rights defenders including Duryodhan Reddy from
Orissa, Mahatim Mushahar from Jaunpur, Mangala Rajbhar from
Varanasi, Mohammed Salim Ansari from Mordabad, Ram Kripal and
Muharram Ali from Ambedkar Nagar and Managal Singh from Mahoba were
also felicitated on the occasion for their works.
PVCHR always stands with human rights defenders facing threats and
regularly pursues the complaints of harassment of HRDs with the National
Focal Point on human rights defenders of National Human Rights
Commission, Shri Anil Parashar. The organization releases urgent appeal,
provide legal support, fact-nding of the incident of human rights
violations, provides psycho-social support to the victims and supports the
campaign against torture.
Two individuals Mangal Singh and Ram Mohan Verma, are ghting against
illegal mining in Kabrai of Bundelkhand
According to Mangal Singh, The biggest incident in my life occurred on 3rd
November, 2011 when lessee (Mining owner) Ms. Farhad Sultana lodged an
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80
IPC and 7 under the Criminal Amendment Act. Both of the FIRs were
registered by the police and in both the FIRs VOP leader Parvez Rizvi was
named.
Hari Lal, a Dalit was active in organizing the labourers and the marginalised
people against the corruption in MNREGA in all 3 blocks namely
Manjhanpur, Kaushambi and Sarsawan of district Kaushambi. On several
occasions, he and other leaders lead thousands of labourers to the district
Headquarters against the looting and siphoning of funds by the contractors,
gram pradhan and ofcers in the implementation of welfare schemes. On
one occasion, DM, Kaushambi was compelled to come to the Rally of the
labourers and made to promise the distribution of unpaid wages and on
many occasions, BDOs were gheraod for hours and compelled to distribute
the wages. Hari Lal was also active with the other leaders of VOP to build a
strong trade union of Bidi Workers under the banner of "Kaushambi Bidi
Mazdoor Manch". On 01.07.2010 about 4000 Bidi Workers and their
supporters held a massive rally in the district head quarter Manjhanpur
under the leadership of Parvez Rizvi, Hari Lal and others.
The constant protest and opposition by VOP and Hari Lal infuriated the
Maa elements in which the Kaushambi police played an active role. It is to
be noted that the Kaushambi Police was informed in advance that the life of
Hari Lal was in danger and the Maa elements had threatened to kill him,
but the Kaushambi Police maintained silence and after the brutal murder of
Hari Lal, in the garb of maintaining law and order, the Kaushambi police
harassed and arrested the VOP leaders and the common villagers.
The investigation team of the NHRC visited Allahabad and issued notice to
Chief Secretary to revoke fake cases imposed on social worker of Allahabad
Mr. Parvez Rizvi. PVCHR demanded an investigation by a high level
committee in the meeting of human rights defenders in Varanasi.
Mr. Mahesanand, Secretary, Gramya Swaraj Samiti organized a protest
march in Dudhi from tehsil to Robersganj district head quarter of
Sonbhadra with ve thousand tribals and covered 100 km of distance from
March 10th to 15th. The march was organised after a resolution passed by
the villagers of Sundari on 15th January, 2011 soon after the reinauguration of Kanhar Dam. He faced threats to his life from the local
contractor, police, state and political parties.
PVCHR, National Alliance on Testimonial Therapy (NATT) and its
allies still ghting for realisation of torture free society and
watching the positive change going on...
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