Tuesday, January 30, 2007

SATYAGRAHA - Bapuji's way of resistance

____________________________________________________________________________________________________ e Voice Of Human Rights Watch e-news weekly Spreading the light of humanity & freedom ____________________________________________________________________________________________________ Editor : Nagaraj.M.R.........................vol.2issue.46.....................27/01/2007 ____________________________________________________________________________________________________

Editorial : SATYAGRAHA – Bapuji’s Concept of peaceful, non-violent resistance to atrocities

On 29th January 2007 we are celebrating 100th year of the concept of SATYAGRAHA – peaceful , non-violent resistance to atrocities. This concept was conceived & practiced by bapuji - mahatma Gandhi in his struggle against british occupiers . on 30th January 2007 we are celebrating martyr’s day , bapuji’s death anniversary. On this occasion HRW urges all Indians to fight on the lines of bapuji’s satyagraha against the corrupt , casteist forces , public servants in our present government as well as in our society and strive towards establishing bapuji’s dream – RAM RAJYA.

Bapuji preached vegetarianism & for prohibition ,abolition of alchohol consumption by human beings . however , in state banquets hosted by VVIPs , parties hosted by public servants alchohol drinks & non-vegetarian food are served all at the expense of state exchequer. The public servants in their travel bills , hotel stay bills , etc are including their expenses on alcoholic drinks & non-vegetarian foods and getting those expenses paid by government exchequer. While the public servants are boozing , having non-veg parties at the expense of public exchequer , lakhs of common people are not even getting potable drinking water & single piece meal per day. On this occasion , HRW appeals to honourable supreme court of India to consider this appeal as a PUBLIC INTEREST LITIGATION & to order government of India , all state governments , government granted autonomous bodies , PSUs , etc , not to give fund towards expenses of parties , travel expenses , banquet expenses involving alchoholic drinks & non-vegetarian foods. This way the government & we the commoners can pay a true tribute to bapuji. JAI HIND. VANDE MATARAM.

Your’s sincerely,



-not mandatory says honourable supreme court of India

In most of the high profile cases, scams , scandals involving VVIP public servants like cabinet ministers , MPs , MLAs , IAS officers , the investigating agencies - CBI , central vigilance commission , Karnataka lokayukta or state police do their job preliminary investigations sincerely. But the investigating agencies cann’t initiate legal prosecution against such persons on their own, the government sits over their files requesting for permission to prosecute VVIPs for months together , in some cases for years. In this way the counterparts of the tainted in power helps the tainted, in destroying evidences & burying the cases on quid-pro-quo basis. As a result of this , in India since independence inequality with respect to legal prosecution , enforcement of equitable & just laws , is prevalent in law enforcement. It is only small time criminals who are being prosecuted by law , while the big ones are going scot-free.

To rectify this anomaly , recently the honourable supreme court of India has given it’s ruling that prior government sanction is not needed to legally prosecute the high & mighty VVIPs as it involves public money & public welfare . So that the investigating agencies can do their job in a most professional manner , without undue obstructions from legislative or executive. HRW welcomes this ruling of honourable supreme court of India.

Not just government departments, wherever public welfare , public money is involved like as in public sector undertakings , corporations , autonomous bodies , NGOs , etc which receive government grants or else directly collect money from the public , are all bounded by sacred duty to be transpaprent in all their deals. The investigating agencies have the legal rights to inquire into their affairs & to legally prosecute them for wrong doings.. the investigating agencies can even initiate suo-motto action against them in the interest of public welfare , however nowadays CBI , CVC , KARNATAKA LOKAYUKTA are not even acting on complaints made by HRW let alone take suo-motto action . why ?

INDIA: Five men charged with murder of someone not dead

(Hong Kong, January 26, 2007) Five Indian men are facing charges of murder despite the "dead" man having appeared in court and told the judge that the case was fabricated, the Asian Human Rights Commission (AHRC) revealed on Friday.

The five--Bal Govind, Kashinath, Rajnath, Ramesh and Harishchand--were arrested in 2004 and detained for about a month before being released on bail over the alleged murder of Mohanlal Patel in the northern state of Uttar Pradesh.

However, the case is still proceeding in the Chief Judicial Magistrate's Court of Jaunpur despite the fact that Patel was produced in court after his identity was confirmed in April 2006.

"The supposedly dead man told the court that several persons had conspired to implicate the five accused and had him move to a faraway place so that a case could be registered for murder against them," Basil Fernando, executive director of the Hong Kong-based regional group, said. Patel had been living with his son in Pune, Maharastra. "Remarkably, despite this testimony and a submission by the lawyer appearing for the accused that there is no case since the allegedly murdered person has returned alive and given a statement to the court, the court has failed to take any steps to discharge the accused," Fernando said.

"We are scandalised by this complete miscarriage of justice and failure of the Indian criminal justice system that even after a supposedly dead man has appeared alive in court and testified that his murder was a fabrication to frame innocent persons, not only are those persons still facing the same charges but no action whatsoever has been taken against the police officers who filed the false charge sheet and the complainants," he said.

"We are aware that when a similar incident was uncovered in China during recent years, the government there initiated a thorough overhaul of the criminal justice system," Fernando noted.

"The government of India should follow this example, and recognise that the country's judicial system is at a breaking point," he insisted.

"The policing, prosecution and judicial systems in the country need to be completely revamped," Fernando added.

"There are many thousands of other similar, although perhaps slightly less-outrageous cases pending throughout the country, and they--together with the institutions responsible for them--demand nothing less than total and permanent reform," he concluded.

The AHRC on Thursday called for "drastic" measures to address the breakdown of the country's justice system.

In a statement marking Republic Day, the group said that paralysis in the courts was having adverse effects on all parts of society.

"While public consciousness of rights has grown enormously, the justice system obstructs popular aspirations," the AHRC said.

India's "obsolete" justice system does "not stand to reason when compared to the sophistication achieved in other sectors", it said.

"The struggle to modernise remains confined to technological advances among small parts of its society, most of whom are already affluent," the AHRC added.

"Overall, the country remains completely feudal and primitive," the group noted.

It warned that some persons were still using public dissatisfaction with the courts and other justice agencies to call for changes that would in fact "dismantle the justice system altogether".

"It is the ending of impunity and injustice that will bring true meaning to the struggle for freedom, liberty and equality in India, and at last make its democracy something of substance, rather than mere appearance," the AHRC concluded.

INDIA: Without drastic justice reforms the republic is meaningless

On January 26 - the 57th year of the Indian republic. The question that will be in the mind of many this Republic Day is what has become of the "tryst with destiny" spoken of by the country's first prime minister, Jawaharlal Nehru, on the occasion of its independence just a few years earlier. After six decades, it is clear that the tryst with destiny is beset with some deep and lasting problems. Among those is the crisis of justice: the breakdown of policing, and of prosecution and judicial procedures, which is the rot at the core of India's decaying democracy.

Sri Aurobindo was one of those who in the lead up to independence observed how Indian creativity was adversely affected by the paralysis of the Indian mind. Today nothing retards the Indian mind more than the paralysis of the Indian justice system. This paralysis obstructs all attempts for greater social mobility and change within Indian society. While public consciousness of rights has grown enormously, the justice system obstructs popular aspirations. The failed justice system keeps India fragmented and in a constant battle against anarchy.

India's judicial system is today obsolete and grossly unfair to majority of the population. Not only are the most discriminated and victimised groups--including Dalits and indigenous peoples--terrorised by its agents and apparatus, but even the middle classes find it fundamentally unjust. Encounter killings, torture, fabrication of cases, negligence and gross indiscipline are daily fare and common knowledge among the ordinary folk.

The fossilised conditions of India's courts and police stations do not stand to reason when compared to the sophistication achieved in other sectors through the use of increasingly affordable new technology. Yet the justice system's stark failure immobilises the entire nation and contributes greatly to the tensions and unhappiness of its people everywhere. The struggle to modernise remains confined to technological advances among small parts of its society, most of whom are already affluent. Overall, the country remains completely feudal and primitive.

Strangely, an extremely conservative minority uses public dissatisfaction with the system to urge for "reforms" that would amount to destroying completely what notions of justice remain. In 2003 the Malimath Committee suggestions brought such strong public backlash that they became the butt of jokes, yet they are still being pursued under different names and in different descriptions. This minority is now clamouring for stronger restraints on citizens by way of greater police powers, backed by some intellectuals who once had credibility in the legal community. Their agenda is not only to restrict civil rights: it is to dismantle the justice system altogether. The old debate in Indian society on the need of the Wheel of Law, or Dharma, continues. The proponents of ruthless exploitation and repression remain vocal, and must be vigorously and constantly opposed.

On this Republic Day of India 2006 the Asian Human Rights Commission calls for drastic and genuine reforms to the country's justice system. Above all, the notion of command responsibility and competence in criminal investigations must be strongly planted and nurtured. So long as the public perceives criminal investigation to be the work of corrupt incompetents and illiterates, the society will be degraded and all its public institutions further undermined. It is the ending of impunity and injustice that will bring true meaning to the struggle for freedom, liberty and equality in India, and at last make its democracy something of substance, rather than mere appearance.

An Open Letter to the National Human Rights Commission of India

Dear Sir,

INDIA: Re: Failure to provide adequate remedy under Article 2 of the ICCPR and under the law in India for a human rights defender who has complained of an attempted assassination on his life and further blackmail by the police

I refer to the complaint made by Dr. Lenin Raghuvansi [please refer to your case number 5840/24/97-98] of a well planned assassination attempt on his life. The attempt was on 18.02.1998. He has given detailed information that his house was surrounded by police officers from Ramnagar police station in an attempt to assassinate him the reason for which being the issue of many encounter deaths about which he, as a human rights defender has tried to voice the grievances of the affected families.

Ever since Dr. Lenin has in writing, and by telephonic means interacted with your commission to get a proper inquiry into this matter. He now feels completely frustrated that despite the passing of several years no action has been taken into this serious allegation.

On 22.01.2002 the Assistant Registrar [Law] of the commission through a letter signed by Mr. Anil Parashar informed Dr. Lenin of a report filed by the police which stated “[A]nd feels that no further action is called for the complaint and the same may be treated as closed”. Immediately Dr. Lenin answered by letter 30 July 2002 and many other written and oral communications that the matter needs to be inquired into and that the police version given in their defense should not be accepted as the correct version of events. His position is based on the solid legal and the human rights principles that a person against whom a complaint is made is a suspect or an accused when the complaint is about an alleged serious crime. If in all cases of alleged crime no further action is to be taken once the probable accused makes his statement the criminal justice in this country will not have any place. We believe that it is unnecessary to labour this point further before you.

In the above mentioned report that the NHRC sent to Dr. Lenin the police also alleged that “Dr. Lenin was himself providing shelter to the criminals for his selfish motives … that it would be better to write about his removal from his post of convener of Manava Adhikar Jananigrani Samiti (PVCHR)”. This is a stark attack on a human rights defender in order to blackmail him and also to create a doubt about the complaint Dr. Lenin has made about the attempt on his life.

The AHRC appeals to you to investigate the alleged attempt on the life of Dr. Lenin and also the stark blackmail made on him in the police report mentioned above. The matter concerns not only the life and the reputation of one human rights defender but also the very legitimacy of human rights work in general. This is a matter of gravest importance that we are bringing into your notice.

As you may be aware that Dr. Lenin is the convener of The Peoples’ Vigilance Committee on Human Rights which is a reputed human rights organization in Varanasi district of Uttar Pradesh in India and internationally. This organization is involve in contributing to valuable human rights work on caste discrimination, prevention of torture and the elimination of discrimination against women.

Thank you

Yours sincerely,



Dear sir ,

INDIA: Government sleeps over 386 confirmed cases of Fluorosis in Sonebhadra district of Uttar Pradesh state

Location: 9 villages comprised in Chopan, Dudhi and Myorpur blocks in Sonebhadra district, Uttar Pradesh state, India Persons affected: At least 386 people, out of which 98 are children, who are handicapped due to Fluorosis

I was informed by the Gram Swarajya Samithi, a local human rights organisation in Sonebhadra district, Uttar Pradesh state in India, about thousands of children and adults who are facing the risk of becoming handicapped due to Fluorosis in nine villages comprised in Chopan, Dudhi and Myorpur blocks in Sonebhadra district. I was informed that this local group identified at least 386 people, out of which 98 are children, who have turned handicapped due to Fluorosis. I am also concerned about the research result of this local group that at least 36,000 persons will soon become handicapped in the very near future if no action taken to improve the situation. It is reported that the fluoride content in the water samples from the tube-wells in the region showed at least five to six times of the normal values.

I am particularly concerned that those who are heavily affected by Fluorosis are a vulnerable sector of the society including various scheduled tribes and castes such as Urau, Dhangar, Chero, Buyiya, Gond and Chamar. Due to this problem, villagers in the said region are often rejected in marriage and as manual labourers in the region they suffer from injuries in work due to weak bones. Despite such problems, the villagers in the region have little access to public health services as a public health centre and a hospital is located 55 kilometers away from the villages.

I am also concerned by long silence from the Uttar Pradesh state government regarding this matter. I was informed that although the Samithi has asked the state government to study the problem and to find solutions for the last ten years, no positive response has come out from the sate government.

Another concern is that only less than 10% affected and handicapped persons have allegedly received a government certificate for handicapped people. The villagers who could not receive this certificate are further deprived of getting any government's assistance, particularly education for the children and primary health care.

In light of above, I request you to ensure that the seriousness of Fluorosis in the said areas is studied immediately and that the Uttar Pradesh state government adopts effective solutions for this matter. I also urge you to ensure that a government certificate for handicapped people is issued to all the handicapped persons in the areas so that they can access the government assistance for their health care and education for the children. Furthermore, immediate food and health care assistance must be provided to the handclapped 386 persons, as well as the hundreds of other villagers whose livelihood are significantly affected by Fluorosis. I further request the international organizations including the World Health Organization (WHO) to look into this matter and provide assistance to those affected.

Yours truly,



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