INDIA: A country afraid to prevent custodial torture

INDIA: A country afraid to prevent custodial torture

Six years have passed since the lower house of the Indian Parliament passed the Prevention of Torture Act, 2010. The upper house of the Parliament, which reviewed the law after a broad consultation, recommended thorough revision of the law. Since then, the government has shelved the law and nothing has been heard about it since.

Prohibition of torture is not the policy of the Indian State. The Prevention of Torture Act, 2010, is a riveting example of this. The law fails to meet standards, in adequately defining torture and in prescribing appropriate process of investigation of complaints of torture, rendering the law useless, even if it is passed.

Policy makers in the country believe that without the use of torture, India cannot be policed. Public statements repeatedly made by police officers, bureaucrats, ministers, and judges confirm this. India's policing policy is premised around the image of a rough and tough cop, who is expected to show no mercy to the suspect. A large number of Indian public believe that police officers have the right to torture, and that torture is a legitimate method of crime investigation, and use of force is an effective instrument for law enforcement. It is common for police officers to assault people as a part of maintaining law and order.

Judges, particularly those in the lower Judiciary, believe that it is morally wrong to challenge a police officer on the question of torture. This is because the judges are aware that the crime investigation agencies in India often do not have any means to investigate crimes apart from resorting to the use of force. Therefore, even when a detainee complains about physical abuse by the police officer, magistrates ignore the complaint, fail to record the complaint, and fail to provide the basic protection to which that detainee is entitled during custody against torture, i.e. a medical examination.

Crime investigation in India, overwhelmingly, depends on oral evidence. The country does not have even one per cent of the facilities required to undertake modern crime investigation. Due to this, witnesses too are tortured in India.

All efforts to urge India to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment should therefore be linked to efforts to redesign the country's criminal justice mainframe. India should be encouraged to revise its policing policy, and to invest substantially to procure modern crime investigation technologies. India should also be encouraged to reduce its people to police ratio, which, at the moment, is a police officer for every 810 people, a ratio more than two times wider than the global average.

Similar efforts must be made to improve the criminal justice process in India, particularly to address the large divide in the judge to people ratio, which, at the moment, is 13 judges for a million people. This is one of the reasons for decades long delays in criminal trials in India. Modernising the Indian police without addressing scandalous delays in criminal trials will render the modernisation process a futile exercise.

It is equally important for India to redesign its policing laws. Police laws in India are based on colonial legalisations, drafted at a time when the police was primarily understood and expected to function as the administrator's agent that maintains order, most importantly to supress public protests against unfair and arbitrary actions of the British Empire.

Suppression of freedom and dignity and enforcement of obedience were the primary objectives of the Irish Constabulary model of policing that was introduced to the British colonies including India. Policing in India therefore contradicts with respect to human dignity, freedom, and individual rights, founding principles of the Indian Constitution. The spirit of democracy that India claims it strives to uphold is constantly under threat, as long as India does not radically redesign its policing architecture.

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The Asian Legal Resource Centre (ALRC) works towards the radical rethinking & fundamental redesigning of justice institutions in Asia, to ensure relief and redress for victims of human rights violations, as per Common Article 2 of the International Conventions. Sister organisation to the Asian Human Rights Commission, the ALRC is based in Hong Kong & holds general consultative status with the Economic & Social Council of the United Nations.

Who killed Rohith Vemula? Written by Anand Teltumbde |Published on:January 26, 2016 12:09 am http://indianexpress.com/article/opinion/columns/who-killed-rohith-vemula/

Who killed Rohith Vemula?

Written by Anand Teltumbde |Published on:January 26, 2016 12:09 am

http://indianexpress.com/article/opinion/columns/who-killed-rohith-vemula/

All those who are mute spectators of the processes under way to restore supremacist Brahmanic rule are responsible for his death

Rohith Vemula, a 26-year-old Dalit PhD scholar at the Hyderabad Central University (HCU), in his suicide note, blamed none, friend or foe, providing the feed to his killers to claim their innocence. An aspirant to write one day like Carl Sagan exploring the universe with his flight of imagination, he was driven to the depths of his inner self, the torn self of a Dalit, in this caste-ridden land, by his tormentors, to conclude the futility of existing. His death should make it clear that suicide is not the killing of oneself; it is death by situation, which comprises of traditions, customs and institutions, that provide cover to the murderers.

Rohith’s situation survives in the form of a makeshift tent erected in an open arena of his university campus, in which he lived for 12 days along with four of his comrades after having been expelled from the hostel, and their struggle for self-respect that outlives him. It is depicted by his stinging letter of December 18 to the vice chancellor of the university, his lament to his friends that he did not have any money to treat them on his 27th birthday, which was a few days away, never to dawn, and his last call to his mother, which was ominously cut by him abruptly. This is enough to tear the veils, expose the murderous situation and possibly the murderers.

After their expulsion, the students lived in the open in the biting cold of Hyderabad and still the VC did not realise the gravity of his misdeed. OnDecember 18, Rohith had written a stinging letter to him, accusing him of taking an unusual personal interest in the clash between the Dalit students and the ABVP. He sarcastically hinted at the plight of Dalit students at the HCU, asking the VC to provide poison and a rope to all Dalit students at the time of admission, and also make available a facility for euthanasia for students like him. The letter was alarming enough for any responsible person to take serious note of the state of mind of the student, who was driven to his wits’ end on account of continuing harassment and penury, as his stipend, with which he partly supported his mother and younger brother back home in Guntur, was stopped in July.

Flood Hits India’s Most Troubled State Manipur Worse Flood in Last 200 Years, Entire Thoubal and Part of Chandel Districts Submerged

Flood Hits India’s Most Troubled State Manipur

Worse Flood in Last 200 Years, Entire Thoubal and Part of Chandel Districts Submerged

Kakching, Manipur, August 1, 2015

Neither by the mainland nor state media report of the worse flood affected in India’s most trouble state Manipur’s Thoubal district and part of Chandel totally submerged. The state’s print media and television news channels, mostly based at state capital Imphal, looks like of not have enough space or bits, neither lack of interest to cover the flood situation in the state, while covering the a month long public strike demanding the Inner Land Permit law. What seems to be left or neglected has been served by the social media within the state and outside. Imphal the capital city is reported of no affect by the flood.

The entire Thoubal and many part of Chandel district have been hit by the worse flood even happened in last 200 years. The state government is in total chaos and unprepared to tackle the situation. No higher zone is left within the district, except taking shelter in nearby hill stations.

The Asian Highway No 1, the connectivity between Imphal and Moreh has been cut off. Asian Highway No 1 starting from Wangjing, 26 km from Imphal toward Indo-Myanmar board up to Pallel, has been affected. The old bridge at Pallel damaged and the lone and newly constructed Pallel Bridge, yet to open has been affected. Newly constructed Heirok bridge of the newly proposed highway to Indo-Myanmar boarder is destroyed. Chakpi River in southern Chandel district is known for uncertainty of flow is the furious this time, reported of possible washing away of lone Chapikarong bridge. The Chakpi River flooded the entire Serou region in southern part of Thoubal district. The longest and newly constructed Serou Bridge is in danger mark.

The lone bridge of Kakching Sekmai River is cracked, public are warned to avoid using the bridge and newly constructed bridge leading to tourist spot, the Kakching Garden, is blocked as the water has submerged.

The worse affected areas in Thoubal district according to the sources are Wangjing-Tentha constituency, Kakching Sub-Divisional areas, Wabagai-Hiyangalam and Sugnu and Serou area in Thoubal district.

It is the season for agricultural plantation, the worse affected area is known for the rice bowl of Manipur that produce large quantity of agricultural product, not only for the region but for entire state. The over 600 sq km of area are affected with over 500,000 people in two districts. Majority of the population in the flood affected area are cultivator, whose paddy crop cultivation is destroyed and will affect the following year. Fishery farms are submerged and lost. Poultry and piggery in domestic homes are sole source of livelihood for most of the villagers, which are destroyed. The market and shops are closed and many submerged for last three days and indeed they are badly hit by the public protect demanding Inner Land Permit system in the state before the flood.

Until last night, the water level was still raising and public flogged to safer places for survive, leaving their house and the life hoods unattended. The rain continues to pour for last two weeks and forecast for rain in coming four days as well.

Total unpreparedness is the situation in regard to the government’s response to the situation. Civil society bodies and clubs came forward to setup limited relief camps for women and children and affected families for survival. Military forces have extended whatever help they could provide.

Thoubal district and indeed the entire valley of Manipur, which is 8% of Manipur’s total geographical area, are surrounded by hills. The season with much rain in the hill area will lead to flood like situation in the valley but flood has not taken for last ten years. This time, the rain continues to pour throughout the state and more in the hill stations of Chandel district, which is flow through three hill areas: One is the Heirok-Wangjing River that flows from the hill areas of Indo-Myanmar board toward the valley, second is the Ithei Maru River of Pallel from the hill area of Chandel in Indo-Myanmar boarder region and third is the Chakpi River flow from southern Chandel district hill areas. All these flow through the Thoubal district and then to Imphal River at Sekmaijin and all the way to Myanmar.

Apart from the flood, there are villages in Manipur’s southern part of Ukhrul district have been submerged by Mapithel Thoubal Dam multipurpose project. The schools and church building in those affected villages have been submerged and the affected people of those villages have been demanding from the state government for rehabilitation. Their complaint is that the state government has not come up any clear cut rehabilitation for the affected villages.

Film Industry bigwigs meet with MOS I & B and follow-up with a censored version of what transpired!

It's ironic that the very film Industry that raised a hue and cry about irrational censorship , calling it an affront to their creativity , are the ones to couch their angst in political-ease, using conciliatory terms of reference with respect to the two hour long pow-wow with the MOS I & B, a sartorially elegant Col.Rajyavardhan Singh Rathod.

     

After making the assembled press cool their heels promising some interesting bytes, both the bigwigs representing the film industry as well as the MOS came out almost sounding as one, literally patting each other in the back and making appropriate noises as to how a new dawn was born w.r.t the relationship between the Ministry and the industry at large. Mukesh Bhatt, who represented the industry repeated his earlier prayer of a turnaround in relations and a new understanding between the Industry folks and the Ministry.But Karan Johar, Anushka Sharma, Deepika Padukone, Siddharth Roy Kapoor, Vidya Balan, Vishal Bharadwaj, Gulzar, Ramesh Sippy Sridhar Raghavan, Anuraag Kashyap, Kiran Rao , Anupama Chopra, Shabana Azmi, Rajkumar Hirani and the rest of the Industry representatives chose to skulk away before the press could get to them for their views.

  

Aamir Khan was persuaded to come to the forefront and speak-up on behalf of the industry but his words too seemed rehearsed and unauthentic. It was quite a performance out there where nothing really was gained but everyone came out smiling after some back and forth bartering that probably cost the film industry it's self-respect. In fact the MOS , I & B , even attempted to throw the ball in the filmmakers court by saying that the film makers must submit their films for censorship well in time if they want to release their films on a specified date. He thereafter elaborated that filmmakers had a three-step redressal process which could get their films certified eventually. He spoke about a single window clearance for shooting permissions and claimed that the industry representatives had presented him with their issues and he was willing to consider them  at length.
         

When the restive press began to raise issue over Pahlaj Nihalani's absence at this particular meeting, Mr Bhatt opined that since discussions were on with the Minister there was no need for any specific meeting with the censor board.
While the film industry bigwigs were said to be clamouring for Pahlaj Nihalani's ouster from the Censor Board, the honorable Minister,Col Rathod reiterated that no single person could hijack the certification system given the protracted and 3 tier nature of the set0up. Ultimately nothing really was gained from the closed-door interaction other than a promise for more such meetings in the future.
At the end of it all there wasn't much of promise to go along!

President Obama Welcomes PM Modi's Remarks on Religious Tolerance

Press Trust of India | Updated: February 21, 2015 13:51 IST

http://www.ndtv.com/india-news/president-obama-welcomes-pm-modis-remarks-on-religious-tolerance-741282

WASHINGTON:  United States President Barack Obama has welcomed the recent remarks of Prime Modi in which he condemned religious-based violence and gave an assurance that his government will give equal respect to all religions.

"The President welcomed Prime Minister Modi's February 17 condemnation of religiousassurance that his government will give equal respect to all religions," the White House said on response to an online petition.

Launched by the New York-based Sikh for Justice, the online petition had urged President Obama before his India trip to raise the issue of "Sikh Genocide" and "Sikhs' Right to Self-determination" during his talk with MP Modi.

The petition had attracted more than 125,000 signatures. The White House responded to the petition in less than a month after it was launched.

Thanking those who signed the petition, the White House said during his recent trip to India, the President discussed the importance of religious freedom and tolerance in India on January 27 during his speech at Siri

"As the President said in his January 27 speech, 'In both our countries, in India and in America, our diversity is our strength'. We are committed to working with India to reaffirm this principle not just within our own countries but around the world," the White House said.

File photo: US President Barack Obama with Prime Minister Narendra Modi. (Associated Press)

Commending President Obama's principal stand on equal status to all religions, SFJ legalPannun said "The White House's response to Sikh group's petition is yet another reminder to Modi that India's success depends on giving all religious communities freedom and right to profess, practice and propagate fear of persecution".

While President Obama in his speech in India clearly affirmed the equal status for Christians, Muslims, Buddhists in America, PM Modi in his February 17 response on religious tolerance failed to address the issue of Article 25 (b) which labels 'Sikhs' as 'Hindus', Pannun said.

ALL INDIA CHRISTIAN COUNCIL CONDEMNS THE KILLING OF 21 COPTIC CHRISTIANS BY THE ISLAMIC STATE SOLDIERS ALL INDIA CHRISTIAN COUNCIL CALLS UPON THE INDIAN GOVERNMENT TO JOIN HANDS WITH THE GLOBAL COMMUNITY TO STOP THIS BARBARIC RELIGIOUS GROUP

ALL INDIA CHRISTIAN COUNCIL CONDEMNS THE KILLING OF 21 COPTIC CHRISTIANS BY THE ISLAMIC STATE SOLDIERS

ALL INDIA CHRISTIAN COUNCIL CALLS UPON THE INDIAN GOVERNMENT TO JOIN HANDS WITH THE GLOBAL COMMUNITY TO STOP THIS BARBARIC RELIGIOUS GROUP

Hyderabad, February, 2015

All India Christian Council strongly condemns the barbaric killings of 21 Coptic Christians by the Islamic State Soldiers. The Christian Council also calls upon the Indian Government to join hands with the global community to stop this barbaric religious group.

21 Egyptian Coptic Christians were captured in Libya by ISIS-affiliated militants in December 2014 and January 2015 and were beheaded on February 16. The minority Christians in the area are wracked with grief and panic after these killings. The ISIS-affiliated militants have been killing Christians, Muslims and Yazidi people in the region.

The All India Christian Council strongly condemns the ongoing barbaric killings and murders by the soldiers of ISIS. Bishop Dr. Joseph D'souza, the President of the All India Christian Council said, "This kind of violence by the Islamic State soldiers is a crime against humanity. The killing of Christian families and children, the Yazidi and even Muslims is a horror that the world had not expected, especially as it continues unabated and in a deliberate fashion."

The Christian Council joins the rest of the Christian community around the world in prayer for the families of the 21 Coptic Christians who were martyred. Bishop Dr. Joseph D'souza further said, "The All India Christian Council stands in solidarity with the Coptic Church in Egypt and also the ancient Church in Iraq, and affirms the truth that the blood of martyrs has been the seed of the Christian Church for the last 2,000 years."

The Christian Council calls Prime Minister Narendra Modi's Government to work with the global community in bringing the violence in Iraq and neighboring places to a halt through all democratic means. Bishop Dr. D'souza said, "It would be tragic and devastating to global peace if a religious war broke out in these regions due to the unabated violence unleashed by ISIS in the name of religion."

The All India Christian Council is a nationwide alliance of Indian Churches, organisations and individuals. Over 2000 Christian denominations, organisations and major Christian alliances are members of the Christian Council. The Christian Council works for religious freedom, freedom of conscience and the fundamental rights of all marginalised groups regardless of caste and faith. It works for communal peace, development and for upholding the integrity and unity of India and its Constitution. The All India Christian Council is a major national and global voice in the causes and issues it espouses

Rashtriya Kisan Samanvay Samiti (National Farmers Coordination Committee) Meet on Land Acquisition, Rehabilitation and Resettlement Act 2013 and (Amendment 2014)

Rashtriya Kisan Samanvay Samiti (National Farmers Coordination Committee) Meet on Land Acquisition, Rehabilitation and Resettlement Act 2013 and (Amendment 2014)

Feb, 2015. New Delhi

Land Acquisition, Rehabilitation and Resettlement Act 2013, passed during the UPA regime and “The Right for Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014, brought in by the current Government, is not acceptable, was the opinion expressed unanimously by over 30 farmers organisations, which participated today in the meeting convened on the above issue. The same views are also held by various other farmers organisations all over the country, was conveyed by the other farmers. BKU has given a call to organise an all India protest rally in Delhi with one lac farmers on 18 March, if the Government decides to go ahead with the current form of the Ordinance said BKU Spokesman, Sh. Rakesh Tikait. However the party General Secretary, Sh. Yudhvir Singh said that he is hopeful from the Government that they will reconsider the stand on the amendments, as was given the impression by Sh. Rajnath Singh and Smt. Sushma Swaraj in meeting with us day before.   Bhartiya Kisan Union was represented by all its State presidents.

Dr. MJ Khan, National Convener of the Federation of Indian Farmers organisations (FIFO) said that some of the clauses in the Amendment Ordinance are progressive in nature, which will address the emerging challenges of the farmers and the rural society, create more economic opportunities. He said that the problems that farmers are facing cannot be addressed by more money being handed out or doles given through one time compensation, but by more facilities and more opportunities. Development of infrastructure, Industrial projects and economic activities in rural areas will mean more jobs, more incomes, better facilities and social and economic empowerment.

Sh. Krishan Bir Chowdhary, president, Bhartiya Krishak Samaj said that we are opposed to the Ordinance in its current form, but we are ready to discuss the concerns with the Government and if the recommendations of the Coordination Committee based on the today’s deliberations are accepted, then we will support the Government on this issue. He also said that Anna Movement is politically driven and captured by certain NGOs with political intents. It will meet the same fate, as the previous Dharna. Some NGOs will make a similar political flesh out of this agitation, leaving Anna ji high and dry. Following organisations participated in the meeting:

1.       Sh. Rakesh Tikait, National Spokesman, Bhartiya Kisan Union

2.       Sh. Yudhveer Singh, South Asia Convenor, International Farmers Alliance and Gen Secy, BKU

3.       Sh. KB Chowdhary, President, Bhartiya Krishak Samaj

4.       Sh. Puneet Singh Thind, General Secretary, Rashtriya Kisan Sangh

5.       Sh. Kesari Singh Gujjar, President, Dehat Morcha

6.       Sh. Ram Karan Solanki, President, Delhi Unit, BKS

7.       Sh. Arun Bhaku, Gen. Secy, Kisan Manch, Uttarakhand

8.       Sh. MI Sayyed, President, Vegetable Growers Association of India, Kolhapur

9.       Sh. Shriram Gadhve, President, Federation of Farmers Organisations, Maharashtra

10.   Sh. Dashrath Ram Reddy, Andhra Pradesh Rythu Association, Warrangal

11.   Sh. Raja Ram Tripathi, President, MAHACHAMP, Chhatisgarh

12.   Sh. GN Sharma, President, Bihar M&A Farmers Association

13.   Sh. Sudhir Aggarwal, President, Uttar Pradesh Beej Utpadak Sangh

14.   Sh. KT Gangadhar, President, Karnataka Rajya Rayyat Sangh

15.   Sh. Kannain Subramania, Convenor, South India Farmers Coordination Committee

16.   Sh. Banwari Beniwal, State President Haryana, Bhartiya Kisan Union

17.   Sh. Mahavir Gulia, Haryana State President, Bhartiya Kisan Sangh

18.   Sh. Rajesh Sharma, General Secretary, Bhartiya Praja Party (Manvir Teotia)

19.   Sh. Ravinder Chauhan, President, Himachal Pradesh Apple Growers Associaiton

20.   Sh. Pramod Tyagi, President, Progressive Farmers Organisation, Uttar Pradesh

21.   Sh. Bijendra S Dalal, Convenor, Haryana Progressive Farmers Club, Palwal

22.   Sh. Rajesh Sharma, President, J&K Cooperative Association and J&K Farmers Council

23.   Sh. Prabhakar Kelkar, Gen. Secy, Bhartiya Kisan Sangh

24.   Sh. Kamal Chauhan, President, Haryana Mashroom Farmers Association

25.   Sh. Mahavir Gulia, Haryana State President, BKS

26.   Sh. Vidyadhar Singh Olkha, Rajasthan Farmers Association, Ganganagar 

27.   Dr. MJ Khan, Convenor, Federation of Indian Farmers Organisations

 

Demands of the Farmers

1. Consent of 70% land holders in a project of the Government and 80% in PPP projects,  consent is must for acquiring the land for developmental projects. Government must not acquire land for private parties, accept in PPP projects for public purpose.
2. The word “Appropriate Government” has to be clearly defined. We demand that in Districts the right to acquire land should be given to District Boards, which have farmers representation. In other authorities, farmers nominees must be included.
3. The Social Impact must be ascertained by a committee, which should have 50% farmers and non-governmental representatives. Effective measures should be taken to address the farmers issues.
4. The Amendment under section 24 (2) should be withdrawn, which gives the validity of projects beyond five years, pending arbitration
5. Lands acquired for industrial purpose and such other projects, where employment is generated, 50% of the class 3 and class 4 level jobs are reserved for those farmers, whose land is acquired.