Volume 7 Issue 5         The Human Rights Magazine         September - October 2008

 

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Combat Law offers you the latest on human rights issues in India. Subscribe to the magazine to access the complete website and receive regular updates.


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Kashmir: From red swathe to chants of Azadi
It was an autumn of Great Expectations of 1945 in Sopore. One would see a sea of red flags – Shaikh Abdullah’s party flags with a white plough at the centre – as if competing with Comrade Mao’s Long March. But Abdullah was no Mao. He was a populist who could sway the people of Kashmir with his oratory at par with or even better than Indira Gandhi, Zulfiqar Ali Bhutto and his daughter.


Committee on economic, social and cultural rights slams India

The Committee on Economic, Social and Cultural Rights' considered the second to the fifth periodic report of India on the implementation of the International Covenant on Economic, Social and Cultural Rights and found many areas of concern that reflect the fundamental inequities of Indian State and society. An abridged version of the Committee's conclusions

Pungent truth reaches NHRC
Days after Lali Bai, then 12, exchanged vows with her husband, her in-laws led her to the upper caste Hindu elders in their village where they told Lali Bai that she was cursed. Her fate, they said, was to clean the latrines.

Khairlanji: A verdict to ponder
A fast-track sessions court in Bhandara, Maharashtra, has awarded capital punishment to six persons in the Khairlanji massacre in which four Dalit-Buddhists of a family were lynched by a mob of about seventy persons. On September 29, 2006, four of the five members of the Bhotmange family – mother Surekha (40), daughter Priyanka (17), and sons Roshan (21) and Sudhir (19) – were lynched by a mob of about seventy people led by men and women belonging to the kunabi and kalar castes (listed as Other Backward Classes in Maharashtra) of the village.

Chhattisgarh DGP defends violations of human rights

On September 26 and 27, 2008, the Center for South Asia Studies at the University of California’s Berkeley campus, along with the Foundation for Democratic Reform in India (FDRI), held a two-day conference on “Law and Justice” as part of their annual series of conferences on Indian democracy. The conference concluded with a two-hour panel discussion on the human rights situation in Chhattisgarh.

The sinister ways of Chhattisgarh Police
The third phase of the trial of Dr Binayak Sen case began on July 29 and lasted till July 31. The key witnesses, the material witnesses had already deposed in the first two phases of the trial and some were tendered off. The subsequent witnesses were to be mostly seizure witnesses or police and jail personnel.

Mining: Who really benefits

Mining can bring about not just ecological devastation but also dislocation and hardship to the people who inhabit large mining tracts. It is crucial that the environmental and social aspects of mining projects are scrutinised, and not subsumed under the mantra of economic development, if the new National Mineral Policy 2008 is not to become simply another blank cheque for mining companies.

RAW: Re-victimisation of woman officer

Over a decade ago, in the year 1997, the Supreme Court of India in a historic piece of jurisprudence held that in the wake of a legislative vacuum, human rights cannot be infringed and international obligations have to be adhered to especially relating to fundamental rights and this has to be more so vis-à-vis rights and dignity of a vulnerable section of society like women.

Woman IAS officer’s fight for justice

On February 9, 2000, a senior lady officer of Indian Administration Service (IAS), serving in Kerala, complained to the then chief minister that the minister for transport, under whom she was working as secretary, had outraged her modesty in his chamber. The written complaint was later taken as FIS — first information statement — and a case was registered against the minister, Neela Lohita Dasan Nadar, under Section 354 of the IPC.

Courts to the rescue of missing children

In Malancha Rajbari, a 15 year old girl managed to return after a year in a Delhi brothel……… “Once in Delhi, they put me in a brothel, where I was tortured and sexually abused. It continued for a year before I ran away in the morning”



Mental disability From institutional control to family care
Stigma, institutional confinement, negligence and ill-treatment are the predominant attributes of the approach to mental disability in India. It is important that if the rights of children with mental disability is to be protected the legal definitions must be altered so that the accent in state intervention is on family care, social acceptance and participation in everyday normal life.

Derelictions of DUTY

Will an increasingly market driven media, whose nexus with different kinds of power— financial, political and coercive—has weakened its sense of public duty, rise to the challenge and return to the values of its illustrious past, when it crusaded zealously on behalf of citizens' rights and drew the attention of the courts to serious violations.

PILs come to West Africa

The Open Society Initiative for West Africa (“OSIWA”) invited me for the launch of the West African Public Interest Litigation Centre (“WAPILC”), a special project derived from OSIWA’s Governance and Justice, and Law and Human Rights programmes...

World Bank Tribunal:Findings of the jury

A jury of 12 members, including former justices of the Supreme Court of India and various high courts, writers, scientists, economists, religious leaders, social workers, and former Indian government officials, recorded the testimonies of communities affected by specific World Bank financed projects. This report summarises the main findings gleaned from the depositions of 150 affected people and 60 grassroots groups from all over India

Encountered truths

L-18 Batla house, the scene of the two ‘encounter’ killings of Atif and Sajid, is a four storied building with two flats on each floor and a single stairwell. There is only one entrance to the building. All the other spaces are grilled and cannot be used to get out of the building. The building is abutted on the left and right by two buildings which are only about two floors high. There is a narrow lane to the front and an even narrower lane at the back.

Delhi encounter raises tough questions

India is witnessing a sharp increase in the incidence of both anti-minority communal violence and terrorism. Christians are under attack in Orissa, Karnataka, Madhya Pradesh, Gujarat, and now even Kerala, which has long been held up as a model of pluralism and communal harmony.

 

 

Editorial

Letters to the Editor

Mischief @ market

The tragic bomb blasts in many cities of the country and a police encounter in Delhi have inaugurated an unprecedented wave of jingoism. This has blurred the issues involved. The terrorists’ agenda and the state’s fight against this have got intertwined amidst the loss of so many lives. Terrorism now is being sold like cricket to be viewed by the middle classes confined to their homes glued to the television. And all this is happening in the middle of finance capital thrashing about in the agony of its self-created seizure.

 


Well-timed horrors?


February 27, 1933 Reichstag building, the assembly location of the German Parliament was set ablaze. "You are now witnessing the beginning of a great epoch in German history...This fire is the beginning. The German people have been soft too long. Every Communist official must be shot. All Communist deputies must be hanged this very night. All friends of the Communists must be locked up. And that goes for the Social Democrats as well!" This was what Hitler declaimed on February 27, 1933.

Isn't this Hitler’s tactic?

Has anyone heard about Tariq Ahmad Batloo? This Kashmiri trader’s story is rather unbelievable. He is at present languishing in one of those 'high security prisons' in Kashmir meant for 'dreaded terrorists'. In fact, Batloo's arrest in Goa last year had made headlines where it was claimed that he was arrested while he was getting off the Mangala Express carrying a 'kilo of RDX, grenades and detonators in his suitcase' and planned to 'set off bomb blasts in Goa'.

Witch hunting to fight terrorism

A three-day People’s Tribunal held in September 2008 in Hyderabad recorded testimonies of over 40 victims who have been arrested, harassed and tortured by police and State security agencies in violation of standard legal procedures in the name of fighting terror.

The law of terror

Ever since its inception, Israel has implemented some of the most stringent counter terror measures having, perhaps, the most experience in this area than any other country in modern times. Soon after its establishment, the Jewish state enacted the Prevention of Terrorism Ordinance which, and subsequent enactments, produced the dreaded intelligence agency like Shin Bet, gave authorities immense prosecutorial powers to detain individuals and question (read torture) them, permitted the targeting of suspected terror areas and centres, and allowed the bombing of such areas (collateral damage became an acceptable norm), thus inflicting enormous damage on civilians.

Christmas in Kandhamal

The history of violent attacks on Christians in Orissa is not new. Ever since the legislature of Orissa enacted the Orissa Freedom of Religion Act in 1967, the onslaught on Christians by upper caste Hindus steadily gained momentum. In 1984 94 houses, schools, hostels and churches were burnt and these systematic attacks have continued almost every year. On June 22, 1999, an Australian priest Rev.Graham Stains and his two sons were burnt to death by Hindu fundamentalists.

Attack on Christians:

A chronology of recent attacks on Christmas.

A commissioned conspiracy

In the face of all the evidence available from the depositions it recorded, disregarding the principles of elementary logical inference, and relying largely on the police version of events, the Nanavati Commission, instituted to inquire into the circumstances attending the burning of Coach S-6 of Sabarmati Express in February 2002, has concluded that the incident was the result of a pre-planned terrorist conspiracy.

Nanavati Report Erasing obvious truths
Recently Justice Nanavati-Mehta submitted their report to government. What it has done must be very close to the desire of the ruling establishment which reaped a rich harvest due to the Godhra train burning and the anti Muslim pogrom in the aftermath of the same.

Will you publish this story?

She left al Doura, south Baghdad, in the darkness before dawn. At five a.m. one morning, in mid-2006, 40 days after her father had been murdered by militiamen in front of her mother's eyes, Lubna Hamed Rasheed, 35 years old at the time, bundled up her belongings, collected her courage, and told her toddler, "As soon as we cross the Iraqi border, we will be out of danger."

For reasons of caste

The Bhot-mange family – comprising Bhaiyalal Bhotmange (55), his wife Surekha Bhotmange (40), their sons Sudhir Bhotmange, (21), Roshan Bhotmange (19), and a daughter Priyanka Bhotmange (17) – originally belonged to village Ambagad in Tumsar tehsil of Bhandara district, 25 km from Khairlanji. In 1982, Bhaiyalal married Surekha, daughter of Yadavarao Khobragade of Deulgaon. Owing to increasingly difficult living conditions in Ambagad, Bhaiyalal shifted to Khairlanji in 1989. Bhaiyalal's mother happened to be a native of Khairlanji.

Sex for survival

In an important new book, Prostitution and Beyond: An Analysis of Sex Work in India, a large number of authors – mostly academics, lawyers and social workers – allow us to catch a glimpse of the lives of many of those whose subsistence depends on sexual practices. In addition, the book seeks to provide insight in prostitution and sex work in India on a more theoretical level.

The Hasrat Mohani angle
Munish Narain Saxena perfectly linked Kaifi Azmi and Maulana Hasrat Mohani. All three ended up in the Communist Party of India albeit from completely different routes. And in this nexus perhaps lies part of the explanation if not the complete sociology of why the backwaters of eastern Uttar Pradesh have come on the crosshair of India's terror scan.

 

   


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