Vol-3 No.

-1

May-2012

Voice of Voiceless

So miserable has been our life since birth Leaving our native places we have to Live away, away in hills So unfortunate our lives have been Others enjoy delicious lentils, boiled rice The aborigines are destined to eat coarse Kodo So unhappy forlorn has been our life! Displaced, discarded, we are forced to live in the hills.

www.pvchr.asia

www.rct.dk

INDEX

S. No. 1.

Subject India's human rights obligation A Case study of discrimination and torture in Indian State of Uttar Pradesh Bringing Social Change in Indian Society through human rights norms/law

Auther Amit Singh

Institute of Human Rights and Peace Mahidol University, Thailand

Page No. 1-5

2.

Amit Singh
Institute of Human Rights and Peace Mahidol University, Thailand evolutionyog@gmail.com

6-8

3.

PVCHR: Highlighting human rights violations through New Media

Amit Singh
Institute of Human Rights and Peace Mahidol University, Thailand evolutionyog@gmail.com

9 - 11

4.

Use of ICT for Empowering the Survivors of Torture: The PVCHR Experience An Overview of the Human Rights Issues in India

Dr. Mohanlal Panda

Ph.D

12 - 18

5.

Lenin Raghuvanshi

19 - 26

6.

Submission by PVCHR regarding India for the Universal Periodic Review 13th session scheduled (21st May - 1st June 2012).

PVCHR

27 - 21

PVCHR/JMN published this news letter for Activist Knowledge Centre to enhance the capacity of Human Rights Defender. This news letter published with financial assistance from Rehabilitation and Research Centre for Torture Victims (RCT). The Rehabilitation and Research Centre for Torture Victims (RCT) is not liable for any content in this news letter.
Peoples' Vigilance Committee on Human Rights (PVCHR) SA 4/2 A Daulatpur, Varanasi- 221002 (India) Mobile No: +91- 9935599333 E-mail: pvchr.india@gmail.com, Website: www.pvchr.asia, www.pvchr.net, Blog: www.testimonialtherapy.org, www.detentionwatch.blogspot.in

India's human rights obligation

A Case study of discrimination and torture in Indian State of Uttar Pradesh olice brutality on me, my father and brother shiver my spine and fear overpowers me. Still I am terrified by the P
police thinking that as I raise voice against them, then they might implicate me in any false case. Earlier police used to stop me and used to threaten that they would implicate me in false case. The entire incident has pained me and it would be in my mind for years together. Suffering emanating out of police torture can not be compensated. (Voice of voiceless, 2011) India is indeed incredible1 in a way it treats its vulnerable citizen particularly lower caste and poor people. Discrimination, torture, enforced disappearance, police injustice, impunity cases of arbitrary detention are rampant and enough to substantiate India's failure to its human rights compliances. Signatory of various human right instruments, Indian government failed to protect and fulfill its obligation not only to its citizen but also breached many international human rights law. Against this background, this article will argue that India has failed to keep it human rights obligation, particularly the right to freedom torture and arbitrary arrest. In addition, various case studies have been discussed to support the argument. Article concludes with recommendations. Background Systemic discrimination to lower caste and minorities has always been a part of cast structure in prevailing Indian society. Due to discrimination, disadvantaged groups failed to access their basic human rights such as access to education, health services, safe drinking water and housing rights. These situations are further aggravated when the following human rights violations are committed, namely: Rights against subjection to torture or to cruel, inhuman or degrading treatment; have effective remedy; Right to Right against arbitrary arrest, detention or exile; be presumed innocent until proven guilty Right to have a fair public hearing in civil or criminal matters Right to There have been many documented cases of police atrocities and states inability to protect the victims. Rather, noticeable in various cases2, state machinery have been complicit in alleged violations and have found guilty of adding and abetting the criminals. In this connection, documentation has been conducted by India (Varanasi) based N.G.O., PVCHR3 (People Vigilance Commission on Human Rights) in collaboration with National Alliance on Testimonial Therapy between 2002 to 2010. For the purpose of the gathering concrete evidence, Testimonial method4 has been adopted. Further section provides a brief overview about the international human rights instruments India have signed and rectified. India human rights obligations India have either acceded or have rectified the following human rights treaty5 International Covenant on Civil and Political Right International Covenant on Economic, Social and Cultural Rights Voice of Voiceless

 International Convention on the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination against Women Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (only

signatory) In addition, India is one of the founding signatories of Universal Declaration of Human Rights (1948). Notable is the fact that signatory states (UN conventions) have legal obligations to protect, promote and fulfill concerned human rights treaties6. For the purpose of this study, it will be worth while to have brief overview on the concerned rights enshrined in international human rights instruments. Universal Declaration of Human Rights (1948) in article 5 stress on No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Further this element of rights solidifies in International Covenant on Civil and Political Rights (1976) article.7 which illustrates No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'. However, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment clearly elaborates that Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction (art. 2(1)) Even Convention forbids the practice of torture in every circumstance including emergency (art.2 (2)) and no public authority can justify torture (art. 2(3)7. Nonetheless, on discrimination, Universal Declaration of Human Rights (1948) says 'All human beings are born free and equal in dignity and rights (art.1). Further, Convention on the Elimination of All Forms of Racial Discrimination in its various articles (art.1 (2), art. 2(1(a). art.4) condemn the practice of discrimination. However, article 15 of the Indian constitution prohibits discrimination on grounds of religions, race, caste, sex or place of birth. The Indian Constitution outlaws caste based discrimination as well as practice of untouchability8. In addition, under 'article 21' no one shall be deprived of his life or personal liberty. Case Studies Case9 1. In this case, powerful local politician have used political connection through local police in order to settle the personal land dispute. Victim S. (district Chandoli, Utter Pradesh, 2008) have been targeted and tortured by district police. In addition, his elder brother was killed in a fake police encounter; his father was illegally imprisoned and tortured. However, due to poor financial condition victim was unable to access the judicial system which is notoriously slow in delivering the justice. Nonetheless, victim failed to get his grievances redressed by police or concerned authority. This case represents police-politician nexus in tormenting poor people for their personal gains. Interestingly, local police in addition to dereliction of their duties become a tool of oppression and committed the gross violations of human rights by taking an innocent person life in fake encounter. Along with it, victim due to his inability (financially hindrance, mentally hardship) could not access to the justice system, let alone the fair trail. Human rights violated in the case10 life (I.C.C.P.R. art 6 (1) Right to Rights against subjection torture or to cruel, inhuman or degrading treatment; (I.C.C.P.R. art.7) have effective remedy; (I.C.C.P.R. art. 2 (3.a) Right to Voice of Voiceless

 Right against arbitrary arrest, detention or exile; (I.C.C.P.R. art.9 (1)) be presumed innocent until proved guilty (I.C.C.P.R art. 14. (2) Right to have a fair public hearing in civil or criminal matters (I.C.C.P.R art. 14, 16) Right to person to be treated humanely while in detention (I.C.C.P.R. art. 10(1) Right of privacy (I.C.C.P.R art 17(1) (2) Right to equality and non-discrimination (I.C.C.P.R. art. 2(1), 26) Right to

Case 2. This case presents a classic example of police atrocities where Varanasi district police has fabricated a case of burglary against lower caste (Mushahar) man Mr. A, 40. He spent four years behind the bars without ever committing any crime. The victim, belonged to the socially and economically disadvantaged group (Mushahar), was arbitrarily arrested many times. He along with his father and uncles were quite often harassed by local police. Interestingly local police did not follow any due procedure of law while arresting, tormenting and searching victim's home abruptly. This horrible incident left victims family shattered. His health gotten worse and could not get the job due social stigma, let alone his economic hardship. Till date (April 2012), victims failed to get any justice. However, notable is that fact, Varanasi police arrested the victim on the basis of the social stereotype cast of Mushahar community (Victim's caste) being involved in illegal activities. Therefore this case is also a symbolic representation of deeply entrenched social biases prevailing in Indian society and shows government machinery is not immune to it. Rather at many occasions are responsible for adding and abetting the crime. Human rights violated in the case Rights against subjection torture or to cruel, inhuman or degrading treatment; (I.C.C.P.R. art.7) have effective remedy; (I.C.C.P.R. art. 2 (3.a) Right to Right against arbitrary arrest, detention or exile; (I.C.C.P.R. art.9) be presumed innocent until proved guilty (I.C.C.P.R art. 14.(2) Right to have a fair public hearing in civil or criminal matters (I.C.C.P.R art. 14,16) Right to privacy (I.C.C.P.R art 17(1) (2) Right to person to be treated humanely while in detention (I.C.C.P.R. art. 10(1) Right of equality and non-discrimination (I.C.C.P.R. art. 2(1), 26) Right to Along with above mentioned violated rights, United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)12, Standard Minimum Rules for the Treatment of Prisoners13 and United Nations Rules for the Protection of Juveniles Deprived of their Liberty14 were disregarded by the officials. In addition, Indian government failed to take effective legislative, administrative and judicial steps to prevent act of torture therefore is in breach of its human rights obligations. Has India failed to keep its human rights obligations? Right to Life, liberty and security The growing number of extra judicial killings, rampant discrimination against vulnerable groups including Voice of Voiceless

11

minorities and legal immunity questions whether government has honest intention to fulfill their human rights obligations. Custodial torture, inherent in daily police practice, still remains a serious concern. Police practices include assaults, physical abuses, custodial rape, psychological humiliations, as well as deprivation of food/water/sleep and medical attention. Study shows that every year in India, 1.8 million people are victims of police torture15. According to National Human Rights Commission Annual report, from 2001-2010, 14,231 people have died in police custody, as a consequence of torture16. As per Universal Periodic Review recommendation by WGHCR, Indian government needs to expedite ratification of the Convention against Torture (CAT) preceded by the enactment of a domestic law17. Obstacles to justice The Police Act, 1861 and the Prison Act, 1894 are two of the oldest statutes in effect. Despite countless recommendations for their repeal and replacement with the laws, in sync with the international human rights standards, they are still operational18. Proper implementation of the many progressive laws and regulations have been demanded in order to remove the many structural and functional problems in the justice system. However, rights violations by police continue to rise in 2008-919. Police regularly accused of torturing, beating, abduction, deaths in custody and extra- judicial killings in fake encounters. Police department do not usually register case, conduct arbitrary arrests and disregards the procedural safeguards20. Nonetheless, there remains a serious lack of awareness amongst litigants on free legal aid services which often doesn't reach the needy. Discrimination against disadvantage groups (Scheduled Tribes, Scheduled Caste, and Women) India tribal population known as Dailts, have long been discriminated in every aspect of life. The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act, 1989 seeks to proved such protection. However, weak implementation and low conviction rates (29.32%) are disturbing as is police often refute to register the case against Dalits21. Despite the overarching mandate of equality and non-discrimination contained in the Indian Constitution and regardless of the enactment of women specific laws, discrimination against women is systemic and shapes all structures of the state and society22. Cases of domestic and sexual violence, harassment at work place, physical and threat are on rise. Conclusion and recommendations The right to equality and freedom from discrimination, torture and cruel degrading treatment and inhumane punishment is protected by various provisions of the various international human rights instruments including International Covenant on Civil and Political Rights. Based on International law, States are accountable on its failure to protect its citizen against human rights violations particularly custodial deaths, torture in custody and discrimination on the basis of one's caste. This clearly manifests the gap between prevailing international human rights law and its implementation at domestic level. Discussed cases established the fact that Indian bureaucracy is not sensitive enough towards human rights issues. In addition, deeply rooted social customs have continually sustained and supported social biases against vulnerable groups including highly compartmentalized and stigmatized lower class. Though Indian government is the signatory of many International human rights instruments but in practice blatant violation of human rights is apparent. Rotten police system, slow and inaccessible justice system is just a symbolic representation of the current scenario. In conclusion, police system needs to be revamped. In addition, promotion of human rights education should be a compulsory training for government official regardless of their rank and status. Justice should be speedy and Voice of Voiceless

must be accessible to disadvantaged groups. To achieve this goal, a human rights awareness campaign could be launched in rural areas. People can be empowered only if they know their rights. However prevailing situation of persistent human rights violations presents manifold challenges to Indian government to full fill its human rights obligations. Number of progressive legal and policy initiatives has been taken by the government. Nonetheless, the lack of implementation continues to hinder the realization of human rights for India's most vulnerable. Footnotes Incredible India, Indian tourism promotion statement Documented cases available on www.detenionwatch.blogpot.com.om 3 www.pvchr.asia 4 Testimonial includes detailed information about the victim's experience. Such testimonies was the confirmation of torture as actual reality and as lived experiences, to the sufferer and to the public, Eastmond, M. (2007) 'Stories as Lived Experience: Narratives in Forced Migration Research', Journal of Refugee Studies, Vol. 20, No.2, P.258 Oxford University Press. 5 http://www1.umn.edu/humanrts/research/ratification-india.html 6 http://www.ohchr.org/en/professionalinterest/Pages/InternationalLaw.aspx 7 http://www2.ohchr.org/english/law/cat.htm#part1 8 Working group on human rights in Indian and the UN 9 Voice of voiceless, Sept. 2011, No.2. 10 http://www2.ohchr.org/english/law/ccpr.htm 11 Voice of voiceless, Sept 2011, No.2 12 Available at http://www.un.org/documents/ga/res/45/a45r113.htm 13 http://www2.ohchr.org/english/law/treatmentprisoners.htm 14 Available at http://www.un.org/en/ecosoc/docs/2010/res%202010-16.pdf 15 Human rights in India- Joint Stakeholder's report by Working Group on Human Rights in India and the UN (WGHCR) 16 National human right commission report annual report, 2001-2012 , India 17 Human rights in India- Joint Stakeholder's report by Working Group on Human Rights in India and the UN (WGHCR 18 ibid 19 National human right commission report annual report, 2001-2012 , India, p.86 20 Human rights in India- Joint Stakeholder's report by Working Group on Human Rights in India and the UN (WGHCR) p.14 21 Ibid, p.18 22 Working Group on Human Rights in India and the UN (WGHCR), under title 'Discrimination'
2 1

Amit Singh Institute of Human Rights and Peace Mahidol Univesity, Thailand

Voice of Voiceless

Bringing Social Change in Indian Society through human rights norms/law

Famine, flood and plague visited her from time to time, and killed millions of her people. Inequality of birth was given religious sanction, and the lot of the humble was generally hard. Yet our overall impression is that in no other part of the ancient world were the relations of man and man, and of man and the state, so fair and humane. In no other early civilization were slaves so few in number and in no other ancient law book are their rights so well protected as in the Arthashastra. To us the most striking feature of ancient Indian civilization is its humanity (Basham, 1967)i. This passage from 'The Wonder that was India' escapes the current reality of India where relations between men and the state, is discriminatory and unjust towards the large proportion of its vulnerable society. Today majority of Indians (mostly oppressed tribals, scheduled castes and scheduled tribes) do not have fair access to health, education facilities and job/livelihood opportunitiesii. Interestingly, most of the poor is composed of approximately two thousands ethnic groupsiii which includes scheduled caste (16.2 %) and scheduled tribes (8.2 %)iv. To the larger extent, prevailing social norms and customs are accountable for their miseries. Social customs upholding discrimination and unfair practices against the lower castes, often justify inequality of birth on the basis of the religious sanction, and insist on status quo (Keeping vulnerable disadvantaged). Deeply ingrained in the psyche of the people, social customs and culture often victimizes the lower class people, tend to resist the social changes, especially when people with vested interest feel unsettled and threatened by potential changes. What are those potential changes and what could be the medium? In these context human rights norms could play a vital role in bringing major changes in the societal norms. Against this backdrop, this article proposes that human rights norms could bring profound social change in the prevailing Indian customs and norms, particularly attitudinal and behavioral changes towards the scheduled caste and scheduled tribes. What is meant by Social change? Social changes are significant changes in the behavior pattern and cultural norms and values. Examples of social changes having long term effects include the abolition of slavery, industrial revolution, and feminist movementv.All theories of social changes noted the possibility of resistance from groups whose interest is likely to hurt from these changes. In the Indian context, resistance is apparent in the form of various social, political and violent groups who are against positive social change. Social groups clubbed together on the basis of caste or class interest tend to oppose radical social changes in the Indian society and major political groups are mere reflections of this reality. Violent groups are the one who absolutely resist change through violent means (Ranveer Sena). Usually they are against the fair distribution of natural resources such as land. Meanwhile, in the hands of upper class Indian society, religion and culture has served as a tool to oppress the lower class. These deep rooted customs tend to dehumanize people on the basis of their birth and aggravate the violence against downtrodden. There are numerous cases of detention and torture of lower class people by the oppressive government machinery. Such cases, having been documented by the People Vigilance Commission on Human Rights (PVCHR), are concrete evidences of the caste- atrocities emanating from the contemporary social and cultural structurevi. A more recent incident exemplifying this caste-atrocity was the halting of a marriage procession, because the couple belongs to lower castevii.

Voice of Voiceless

Since culture (Hindu religion) is a way of life for majority of people, therefore, lower class people's oppression have been justified and legitimized through the tacit approval from the cultural and religious patrons from upper class. In this connection, it would be interesting to take note of Universal Declaration on Cultural Diversity (article 4) and Human Rights Council resolution 10/23(para.4), which stresses that no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scopeviii. Nonetheless, lower class has reacted against their oppression through 'Naxalism' - venting their anger often by violent means. Moreover, current Indian society is going through social transformation and is brimming with the possibility for the open class struggle/war. In this situation human rights regime/paradigm could facilitate smooth changes for the betterment of all people without bringing chaos into the society. What are human rights? Human rights are international norms that help protect all people everywhere from severe political, legal, and social abuses. Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to engage in political activityix. In addition, human rights are rights inherent to all human beings, whatever our nationality or ethnic origin, religion, language, or any other status. All are equally entitled to human rights without discrimination. These rights are all interrelated, interdependent and indivisiblex. Human rights are universal and inalienablexi The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. Human rights are inalienable. They should not be taken away, except in specific situations, but according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. Interdependent and indivisible All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education, or collective rights. Non-discrimination and Equality The non-discrimination principle requires the equal treatment of an individual or group irrespective of their particular characteristics, and is used to assess apparently neutral criteria that may produce effects which systematically disadvantage persons possessing those characteristicsxii. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: All human beings are born free and equal in dignity and rights.

Voice of Voiceless

It is apparent from above definition of human rights that it does not go well with the prevailing socio-cultural norms in Indian society. Human rights norms provide a framework which is inclusive and dignified. It allows everyone to progress and contribute to the society. In addition, human rights norms challenge the notions of hegemony of few people who rule majority of the people by exploiting and manipulating social and religious norms. In line with human rights, current prevailing inhuman practices such as bonded labor, torture and detention, discrimination at every aspect of the Indian society must be abolished. Cultural dogmas which stigmatize lower class must be harmonized according to the human rights norms/law. However, in order to bring behavioral changes in the society, human rights law must gain acceptance from people. Such 'law' will fail if there is lack of desire to comply, since law has limitation in the human rights context (Toop 2003)xiii. As Habermas (1996) rightly said, rights are relationships, not things. For rights to have meaning, people must be engaged in building up their meaning through their interactions in support of human rightsxiv. Nonetheless, social changes through human rights norms have potentials to led the society towered egalitarianism without bringing much chaos. A society based on human rights values such as justice, dignity, transparency, accountability, equality, and gender sensitivity, offer much stability and prosperity than a society plagued with irrelevant oppressive customs. Human rights norms usually address the inequalities, restrict the discriminatory practices, and limit the unjust power relations. It puts the international human rights entitlements and claims of the people (the 'right-holders'), and the corresponding obligations of the State (the 'duty-bearer') in the centre of the national debate paving way for a fair society. Finally as Professor Stephen Toope (2003) said, We believe that humans are endowed with a dignity-whatever its origin-that must be upheld by any society that wants to see itself as civilized.
References of footnoteshttp://www.adolphus.nl/xcrpts/xcbasham.html HDI Index, India ranked 134 out of 187 http://hdrstats.undp.org/en/countries/profiles/IND.html iii http://en.wikipedia.org/wiki/Demographics_of_India iv http://censusindia.gov.in/Tables_Published/A-Series/A-Series_links/t_00_005.aspx v www.clisnotes.com/study_guide/Social-Change-Defined.topics vi http://www.pvchr.asia/?id=63, also see, http://www.detentionwatch.blogspot.in/ http://www.testimonialtherapy.org/ vii Jagran 30.5.2012 viii http://www2.ohchr.org/english/law/diversity.htm ix http://plato.stanford.edu/entries/rights-human/ x http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx xi The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. xii http://www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/nondiscriminationprinciple.htm xiii Toop. S., (2003) Human Rights and Social Change, IDRC Lecture, xiv Hebermas, J. (1996) Between Facts and Norms: Contributions to a Discourse theory of Law and Democracy (W.Rehg, trans.) 29.31
ii i

Amit Singh evolutionyog@gmail.com Institute of Human Rights and Peace, Mahidol University

Voice of Voiceless

PVCHR: Highlighting human rights violations through New Media

This electronic technology is very much part of the contemporary human lives. It is pervasive, effective, explosive, and accessible which can transform people's opinion and influence changes in government. We have seen its wonders in China (cyber revolution 2011), Syria (uprising), Egypt (revolution), and Tibet (freedom struggle). Yes, it is New Media that has brought several changes to the lives of millions of people, particularly affecting their culture and identity. It has created a new form of society, strengthened the voiceless, and empowered the powerless. Against this background, this article intends to discuss the role of new media/information technology in achieving the goals of organizations, specifically, People Vigilance Committee on Human Rights (PVCHR), an India-based non-governmental organization. What is New Media? New Media technology typically involves computer capabilities that allows or facilitates interactivity among users or between users and information (Rice and Associates 1984: 35). New media have been contrasted with the one to many and one way message flows of traditional mass media (Rogers, 1986). Early new media studies have emphasized the effects on its user, organizations and societies. New media, which emerged in the latter part of the 20th century, refers to on-demand access to content anytime and anywhere on any digital device, as well as interactive user feedback, creative participation, and community formation around the media content . Most technologies described as "new media" such as facebook, twitter, orkut, blogs, and youtube are digital, often having characteristics of being manipulated, networkable, dense, compressible, and interactive (Flew, 2008). People have turned to social networks for so many different reasons, whether it is to bring social change or to do business. These social networks provide huge audience and wide network which can strongly influence people's mind. In this connection it would be interesting to note about the phenomenon of 'technology determination'. Technology determination, the belief that technologies have overwhelming power to drive human action and social change, is being widely accepted among new media scholars. Now there is a wide consensus that new media plays a vital role to shape social reality with long lasting effect. New media through its various outlets (internet, sms, mobile, and video) has helped to form public opinion, political participation, and provides a platform for political actions (Bentivegna and Luke, year). Another consequence of new media is 'interactivity' and selectivity where one can generate, select, and share information to targeted group (Livingstone and Lievrouw, 2002). No wonder, use of new media is increasingly becoming popular among non government's organizations (NGOs) who are using it to maximize their effort for advocacy, awareness and public campaign. NGO voicing social concerns through New Media. Blogs and social networking sites are widely prevalent among N.G.O.s. Bloggers-activist, a new line of emerging leaders, are products of new media. Furthermore, NGOs are using new media to advance the cause of human rights, to empower communities, to improve the lives of low-income families, to encourage environmental responsibilities, and to fight for social changes. In addition, information technology is helping N.G.O.s connect with donors and policy makers, and build public consensus. Recent study shows that the role of new media in communicating the message of nonprofits will increase in coming years (Nelson, Josh 2009). PVCHR initiative to use information technology People Vigilance Committee on Human Rights is employing traditional source of media and new media in achieving their goal - to combat torture and bonded labour, and to eradicate discrimination in Indian society; successfully employed the new information technology, traditional, and non-. PVCHR receive, response, and highlights the cases of human rights violations using different media tools which includes, blogs , phone, SMS, e-news, facebook , google group and various alternative media such as www.visfot.com, www.newzfirst.com. Voice of Voiceless

At present, PVCHR is submitting petition to National Human Rights Commission (NHRC), India through email. In addition, PVCHR presents human rights violation cases on YouTube, blogs, and twitter. Monitoring, Responding and Redress Anyone can quickly access P.V.C.H.R. through any media channel. Nonetheless, Organization, in many cases has taken cognizance of the human rights violations news from YouTube and news paper; and have successfully drew the attention of the concerned authority. In some instances where P.V.C.H.R got the information about social and physical atrocities, such as, a case of tribal girl who were sexually abused by the brick kiln owner in Jaunpur district, sent emails to the English and regional language news papers; thus news published got profound public coverage followed by official intervention therefore culprit were punished accordingly . However, PVCHR is careful in assessing the credibility and validity of information by crosschecking with other sources of information is always crosschecked before initiating any action. Impact on Human rights advocacy This rise of new media has increased communication between people all over the world. It has allowed people to express themselves through blogs, websites, pictures, and other user-generated media (Flew, 2008). In same vein, new media deeply impacted the way human rights advocacy has worked. Its role in democratization of information and social movements has been well recognized. According to PVCHR, It is cost effective and effective in urgency. A way to challenge the human rights abuses on global level, establish debate to form public opinion: a new way of global accountability and responsibility of Governments in global order (PVCHR, 2012). This NGO was able to influence policy makers, media and human rights groups nationally and internationally, through their efficient and regular documentation of cases of police torture and caste discrimination. Needless to say, attention to human rights violations through the new media can easily assist in soliciting support and funds for the work of non-profit groups. Debate and discussion Flew (2002), stated that as a result of the evolution of new media technologies, globalization occurs. New media "radically break the connection between physical place and social place, making physical location much less significant for our social relationships" (Croteau and Hoynes 2003: 311). However some are also skeptical of the role of New Media in Social Movements. Many scholars point out unequal access to new media as a hindrance to broad-based movements, sometimes even oppressing some within a movement (Herman, 2007). Others are skeptical about how democratic or useful it really is for social movements, even for those with access (Stephen 2008). Nonetheless, nonprofit groups are increasingly turning to alternative means to reach the public. At the same time, they are working on multi-level advocacy and various human rights issues using new media technologies to promote their agendas. Study has found that the use of new media technologies to advance social change is very much a work in progress (Livingstone and Lievrouw 2002). Nevertheless success of PVCHR employing new media tools is enough to substantiate this fact. Finally it can be said with utmost certainty that the role of new media in communicating the message of nonprofits will increase in coming years (Livingstone and Lievrouw, 2002). References
http://en.wikipedia.org/wiki/New_media#cite_note-0) http://www.pvchr.net/, http://www.testimonialtherapy.org/, http://detentionwatch.blogspot.com/ https://www.facebook.com/profile.php?id=613498238&ref=ts, https://groups.google.com/forum/#!topic/article21now/Eo-ZIIpwGHI http://www.youtube.com/watch?v=rNiivWoO-v8&list=UU7rZTPOVOfaZkfEe03dOOA&index=27&feature=plcp,http://www.youtube.com/watch?v=QJApB2kJdlw&list=UU7rZTPOVOfaZkfEe03dOOA&index=12&feature=plcp

Voice of Voiceless

10

http://www.pvchr.net/2012/03/about-sexual-abused-of-teen-age-girl-on.htm http://www.pvchr.net/2012/04/blog-post_15.html http://en.wikipedia.org/wiki/New_media#cite_note-0) CAMERAS EVERYWHERE: Questionnaire for Human Rights Organizations, P.V.C.H.R. doc. Nelson, Josh., 2009, New Media and Social Change, How non-profits are using web based technologies to reach their goals, A product of Hatcher Group Livingstone and Lievrouw (2002) The Handbook of New Media, Sage Publication, London Wasserman, Herman, "Is a New Worldwide Web Possible? An Explorative Comparison of the Use of ICTs by Two South African Social Movements," African Studies Review, Volume 50, Number 1 (April 2007), pp. 109131)

Amit Singh evolutionyog@gmail.com Institute of Human Rights and Peace, Mahidol University

Voice of Voiceless

11

Use of ICT for Empowering the Survivors of Torture: The PVCHR Experience
Dr. Mohanlal Panda, Ph.D* It was Diwali, festival of lights for the Hindus. Millions of Indians were preparing to celebrate the festival. Two activists Sandhya and Mithiles of, Shikher Prashikshan Sansthan called Dr. Lenin, Director, People's Vigilance Committee on Human Rights (PVCHR) and informed that people of Musahar community were dying of starvation in Damahi village of Jangal Mahal, under Rajgarh Block in, Mirzapur District, Uttar Pradesh, India. Based on this information, PVCHR, a member of the Uttar Pradesh State level Right to Food Campaign, formed a five members fact finding team that visited the village on 1st November 2005. The village is 24 km. away from close urban centre, Chunar. The team had to leave their car on the way to walk for 1.5 km to reach the village. First, the team met Ramchander who narrated his case in front of the camera: I am Ramchander (18 Years) S/o. Sri Rajnarayan- I have 4 brothers, one of them is handicapped. I have no land. My mother was ill. She had been suffering from chronic hunger and related ailments. Taking debt, I managed medical treatment for my mother. She had taken no food for 5 days before she died. But, neither any official from Block nor village head nor any doctor came to my house. Village head says that he has purchased the vote and he does not care the poor people. Hardly, I find work in an agricultural field throughout the whole year. Our livelihoods depend upon collection of dry woods from the jungles. Early in the morning, often we go to the Jungle without food to collect dry woods. In the evening after returning from jungle I go to market to sell the bundle of dry woods. Next day, by selling the dry woods I earn Rs.50 to Rs.70 (Less than two USD). I mean for two days work, I earn Rs.50 to Rs.70. There is no hospital in the village or nearby area. In emergency we have to go to Ahraura (a nearest market). Often patients die in the half way. There is no resource of drinking water in the village. We bring water to drink from the nearby river. I do work in the stone quarry of Rakesh Patel at Shakteshgarh. For medical treatment of my mother and for other essential requirements, I have taken a debt of Rs.10,000/- from my employer Rakesh Patel. He pays only Rs.5 to 6 out of Rs.10, which is actual wage rate. If one dares to leave the work, certainly would be beaten. Thus, goes on the testimony of Ramchander........ The team met many other Musahar People facing hunger in that village. Amravati a 12 Years old girl from Musahar community told that she used to go the Jungle to collect dry woods. But, these days, often she has to live without food. Ramdulari, from the Chamar community narrated how, Lallan Patel and his goons destroyed her plants damaging vegetable (parwal) worth Rs.10,000/- by force and took possession of that piece of land which was in the name of her mother. Police took no action against Lallan. Krishnavati Kol told that when Musahars and Kols demanded their rights from the administration, they were called Naxalites. Instead of listening the truth and their sufferings they were beaten badly and taken away by the police. Each villager has a story to tell, a story where in the name of nation building the elites systematically kill the poor. And this process is not confined to this village of Musahars only.

How poor people are forced to live with a sense of victimhood

The development agenda followed by states in India, present a broad range of economic advancement and social diversity while maintaining uniform democratic practices. But, what varies among these states is the functioning of the institutions, created to reflect and protect the democratic aspiration of the people. These 'variations' are rooted in 'resultant' legislative failure and mis-directed 'trajectory' of development planning. It is not just a coincidence that while the numbers of rich have increased in the state, the number of landless people has multiplied, so are the areas under the control of non state actors. According to the report of the Ministry of Home Affairs, 2010-11, Left Wing Extremists operate in the vacuum created by functional Voice of Voiceless

12

inadequacies of field level governance structures, espouse local demands and take advantage of prevalent dissatisfaction and feelings of perceived neglect and injustice among the under privileged and remote segments of population. This is also echoed by the Supreme Court bench in their recent judgement on a 23 years old case, fought for 'adequate compensation' between tribals of Sundergarh, Odisha and Mahanadi Coal Field Limited (MCL), a Public Sector Company. The Honourable Supreme Court asked the State Why the state's perception and vision of development are at such great odds with the people it purports to develop? And why are their rights do dispensable? .The situation is no different for the people of Darlipali, of Jharsuguda district who have been fighting with the same MCL for their 'right to proper rehabilitation and adequate compensation'. Although they are among the fortunate few who were not physically displaced by the company, they are nevertheless surrounded by the coal mines and the consequent pollution. These tribals are helplessly watching one by one among them losing their battle for survival. Their case relating to 'adequate rehabilitation' is still subjudice. Why a poor tribal, dalits or a women is subject to humiliation or torture in every parts of the country. Sometime this happens to them as an individual and sometimes the entire group or the entire community remain at the receiving end of torture. This is done both physically and psychologically to disintegrate them as an individual, so that they stop living like a normal human being. Torture is used by the prevalent exploitative social structure and institutions as an instrument of social control that takes the dignity away from the poor. Musahars, now known as 'Rat eater community' is a nomadic group which fought with British, and Kings to protect their freedom. They never embraced slavery till the state decided to protect its forest resource and the Musahars were forced to settle down. (Refer gazetteer). Till few years back no starvation death has been recorded in this community. The livelihood problems started when they were not stopped by the forest department to enter into the forest to collect leaves. The Phulpur police record refers them as hard working, fearless and a dangerous community. Police looks for every opportunity to implicate the community members on cases of petty theft and send them into the prison. In more than 90 percent of cases of torture against the Musahars, PVCHR has found that fake cases has been filed due to collusion between local mafia and police/local administration. The prison officials also desperately need them for doing the menial work like cleaning the toilet and sweeping the complex. The PVCHR fact finding team also found that Musahars are not even eligible for red cards as the state does not consider them very poor. Many of the starving population of the community even do not qualify to be considered for white card meaning they are not below poverty line. With the video documentation of starvation death (later titled: How India kills its own people) PVCHR filed petition in the office of the National Human Rights Commission (NHRC) and the Chief Minister of UP. Instead of speaking on behalf of the victims, the priority was to get the victims speak for themselves. For a kind of organisation like this was an improved advocacy strategy. As a result, all the 52 families got land of a bigha (26140 Sq meter ) each, red card for receiving highly subsidised food grains what is more important, a district level office visited the village for the first time. The entire struggle for citizen's right to life in the case of Musahars exposed the fear of nexus between the state and non state actors and the impunity they enjoy. It also brought into focus the discriminatory practices by the state, structured violence against the marginalised community and prevalence of 'mind of caste'i in the social and institutional structure. The case of Bhanwari Devi illustrates the role of caste and gender bias in India's justice system. A grassroots worker or sathin with the Rajasthan Government's Women's Development Programme (WDP), Bhanwari reported the child marriage of a 1-year-old girl. On September 22, 1992, in retaliation, members of the child's family gang raped Bhanwari in front of her husband. These individuals were acquitted, with the judge stating that since rape is usually committed by teenagers, and since the accused are middle-aged and therefore respectable, they could not have committed the crime. An upper-caste man could not have defiled himself by raping a lower-caste womanii. Resentment against the state's relentless assaults on the rights and freedom of the impoverished people in the form of displacement, hunger death, loss of land for mining and industries, detention and custodial violence Voice of Voiceless

13

were manifested through small or big agitations. These people primarily comprised of marginalised and disadvantaged groups like tribals, dalits, or the economically backward sections comprise of the majority of the victims of various types of human rights violations. Declining responsiveness of the justice delivery institutions and decreasing faith by the majority of the population belonging to the marginalised groups who incidentally form the backbone of the Left Wing Extremism (LWE) or Naxalite Movement or the Maoist movement in the state raises the fear of state being perceived to be sliding into a dysfunctional state. Besides impact of neo liberal economic policy and discriminatory social structure influenced by mind of caste, the 'culture of impunity' enjoyed by the state and non state actors has its origin in (1) economic development in the state did not accompany investment on democracy and strengthening of institutional accountability; (2) mineral based industrial policies without regulatory mechanism generated vast amount of black money subsequently, used for circumventing institutional monitoring as well as justice process; (3) deliberate act of sabotage by the state machinery on the civil society groups which believed in initiating consultative process among the victims marginalised groups and organise agitate for their rights. Rights make it clear that violations are neither inevitable nor natural, but arise from deliberate decisions and policies. By demanding explanations and accountability, human rights expose the hidden priorities and structures behind violationsiii. The neo liberal economic framework that drives the policies and functions of the state and international institutions have also helped development of a new set of non state actors to perpetuate violence in the society while safeguarding the property and interest of the rich. This is a direct linkage between policies on privatization and growing influences of the large business houses or MNCs. The state autonomy has been curtailed and people's life makes no consequences. The UN Special Rapporteur in his Second Progress Report on Economic, Social and Cultural Rights reaffirmed how Structural Adjustment Policies have been devastating to the vulnerable sections of the population, such as the poor, women and the children. The Special Rapporteur's report concludes that "the relative decline of national sovereignty and domestic control over local economic processes and resources and the corresponding growth in the level to which the international financial agencies directly influence domestic policy decisions are clearly aspects of the adjustment process which conclusively affect economic, social, and cultural rightsiv. The most important challenge is to secure people's right to state accountability and this cannot be achieved without recognising the exploitative character of the society and the state. Worst, the change has to come or to be initiated by the people who are already in the higher echelon of the power structure. Reform, for them, means managing and not resolving the challenge in hand. If coerced, they would prefer peripheral changes leaving the larger structure intact. Changes that are regarded as a threat to the immediate interests of those who determine economic and social priorities are unlikely to be enactedv. Thus, some political and economic structures turn out to be extremely difficult to alter. This needs that court, elected representatives, media, and civil society groups should go beyond from their traditional role to that of a social engineer for building solidarity and social reconciliation. Information technology could be a powerful facilitator in this regard. Part of restructuring political systems, therefore, is empowering weaker parties to negotiate solutions to deep-rooted structural problemsvi.

PVCHR's Strategy: Breaking the Silence

The U.S. State Department's annual report for 1999 on human rights practice around the world describes human rights and democracyalong with money and the Internet as one of the three universal languages of globalizationvii. Human rights have gone global not because it serves the interests of the powerful but primarily because it has advanced the interests of the powerless. It has gone global by going local, imbedding itself in the Voice of Voiceless

14

soil of cultures and world views independent of the West, in order to sustain ordinary people's struggles against unjust states and oppressive social practicesviii. Rooted in the local culture, PVCHR's work on human rights believed in improving through learning. Distance and time are two factors that influenced PVCHR's strategy. As an NGO, it realised that the distance between Varanasi and Lucknow (State capital of Uttar Pradesh) and Delhi never ends when it comes to seek justice for the victims. Minutes become years, thanks to our justice system and responses of the institutions. The frustration and desperation to do something to bridge the time gap forced the organisation to experiment new ideas. It started with the case of hunger death of Musahars, where PVCHR used the video documentation of the testimonies of the victims in its petition to the State government and the National Human Rights Commission (NHRC). The victims themselves were the evidence and it worked wonder for the victims. On camera, a mother's tear does not lie when she narrates about the death of her child whom she could not feed. The team in PVCHR could, in one stroke, through the video set the tone for serious advocacy and the state had to answer many uncomfortable questions in the media. The evidence presented in the case was self explanatory and the media persons liked it. After this story, media came back to PVCHR for more information on hunger and stories of malnutrition. The available information helped in media advocacy. In some cases, with web input from PVCHR some journalists gave new treatment to their old stories. PVCHR.Blogspot.com started when hardly any NGO, in India was amplifying its stories/successful interventions through the internet. There was no deliberate strategy behind sending the good work through bulk mail. Till one day, the head of a Delhi based NGO working on Human Rights, asked Dr. Lenin, why he mails all the information of his work back in Varanasi to so many people? He also advised (warned) that big names in the NGO sector who are incidentally in the list of recipient may not like the ordinary information he keeps sending. Dr. Lenin candidly answered, if someone does not like he/she can delete the mail or write PVCHR not to send mails again and nothing of that sort has happened. Later on the former made an honest confession that he does not like the victim's empowerment work of PVCHR. What he really did not like was the new stories of struggle by the survivors and support provided by PVCHR in setting the process of 'access to justice' were uploaded in regular interval. This was an occasion for Dr. Lenin and others in PVCHR for serious introspection. Does the advice reflect mind of caste? For PVCHR, victims remain at the centre of its work. It believes in empowerment of powerless and that is where the organisation derives its legitimacy. Internet and other mediums have contributed immensely in different way to strengthen advocacy revolution. All form of information and communication technology including the digital ICT like computer, internet, mobile phone, and 'new social media' like face-book and twitter, known as 'Liberation Technology'ix is used by the organisation to seek freedom from discriminations and violence. Use of technology has given freedom to express to all the volunteers in organisation. It has helped them in shedding their inhibitions. They have learned to express themselves in every possible way. An office staff wanted to be in the face-book was helped by his colleagues. Every day he looks at the information uploaded in the home page and marks 'like' which he finds interesting. When asked about what he feels about the FB, with pride in his face he says that it has given an opportunity to express him. It does not matter whether he can write in the timeline or not. Rohit, the computer operator, who comes from a poor Dalit family, uploads his photograph in which he is wearing a blue shirt and posed in a blue background, a colour that represents Bahujan Samaj Party, (BSP). He feels close to the colour as the party has given pride to the dalits in the society. As a technology it has democratised the institution by providing equal opportunity to take up issues and work for the victims. Till 2010, it was only Dr. Lenin who was filing complaints in the Human Rights institutions and the State administration. Voice of Voiceless

15

Now there are six more persons who joined Dr. Lenin to file complaints on human rights violations. Their trainings have made them aware of the fact that if they succeed in saving somebody's life, they strengthen the constitution of the country, if the perpetrator succeeds, they fail the constitution. Availability of technology has provided the volunteers of PVCHR to amplify the urgency of securing the life of the probable victim through urgent appeals. In many cases the victims or probable victims has escaped suffering or torture or even secured his or her life due to international visibility of the case. By using messages through SMS to the higher police authorities and other administrative authorities, on impending encounter (extra judicial killing), volunteers have saved lives of the poor people. Liberation technology, also known as accountability technologyx helped PVCHR countering impunity. Many videos of police torture and audio of threat by state and non state actors to the victims were uploaded in free sites like You Tube. This has acted as strong evidence in proving impunity against the state law enforcing agencies. One such video of right wing Hindu fundamentalist group engaged in riot against minority Muslims in Moradabad was uploaded in the You-tube. The National Commission for Minorities took cognizance of the case and asked the state to identify the policemen silently watching the rioters. These videos also received comments from the viewers, thus, widening the scope of debate. Technology also initiated other kinds of accountability for the organisation. It demanded accountability for content it uploads in public domain. With the help of technology the organisation initiated silent uprising to upscale its work. Each staff and volunteer got opportunity to identify his/her work space, strategy to fulfil its commitment to the survivors, accommodating claims and counter claims among themselves, contributed to team work, helped in standardising the language of communication within the organisation, significantly affecting the nature, frequency, speed, and cost of interaction and adhere to the value of the organisation. It is because of technology, PVCHR could protect its integrity against massive onslaught of a vicious and false campaign. By putting all the documents relating to Organisational Development (OD) process of the organisation in the website, it highlighted the representative character of the management which included 50 percent mandatory representation for women and the internal decision making process. This also helped in countering the propaganda that the organisation belongs to Lenin and Shruti and they are the final authority. ICT have strengthened the work of Human Rights Defenders for the victims. Highlighting the migration and hunger death of Muslim Varanasi saree weavers have resulted in government of India offering 2000cr relief package to the weavers. Lack of infrastructure sometimes fails the use of technology. In 2010, a timely call by Dr. Lenin saved the life of a person from being killed in a fake encounter, but last year, in 2011, the local police targeted the man again. Sensing the danger he tried to contact Dr. Lenin again. Unfortunately, during that time Dr. Lenin was travelling in the interior area without mobile connectivity. By the time he returned to network coverage area and checked his mail he found an urgent message from a relative of the person. When he tried to contact the person, the encounter had already taken place. It is a different matter that the organisation has been fighting for the justice for the victim's family, but a precious life could not be saved. Electronic evidence helps building trust with the survivors. Even the National Human Rights Commission has initiated process of acknowledging complaints through SMS service. For NHRC it might have been a way to reduce burden of their staff to produce hundreds of pages of acknowledgement letter, but it has also contributed immensely towards the building institutional accountability and enhancement of its image.

Strengthens Politics of the Survivors

The communication among victims, HRDs and the State through use of IT has limited the influence of the perpetrator living within the state structure. The new found solidarity among dalits, tribals, minority groups and Voice of Voiceless

16

progressive upper caste people have unnerved the elites in the society. Globalisation helped in movement of technology, capital and skilled human power but it never worked for 'globalisation of justice'. As long as victim's voice is restricted and suppressed, there will be no peace and development. Fighting impunity is more important than addressing issues of governance. No amount of governance reform in a corrupt society will improve the life of its citizens unless there is functioning justice system. In 2002 the Supreme Court had one Dalit out of 26 judges, while the High Courts had 25 Dalits out of 625 positionsxi. Also illustrative of the lack of Dalit and lowercaste representation in the judiciary is the fact that Brahmins, who comprise just 5 to 9 percent of India's 1 billion people, fill 78 percent of India's judicial postsxii. A survey conducted by Delhi-based NGO Sakshi found that 64 percent of judges believe that women themselves are partly responsible for the violence they facexiii. The prevalence of caste and gender bias among India's judges is another factor which imperils the right of Dalits to equal treatment before organs administering justice under Article 5 of ICERD. Such bias has resulted in improperly conducted trials, including acquittals that blatantly ignore evidence and witness testimony and entrench the system of impunity that greets perpetrators of violence against Dalitsxiv. PVCHR's initiative to reach out to the communities of victims among the dalits, minorities and progressive upper caste and make a beginning of a caste reconciliation process is the outcome of its learning at the grassroots. Through the testimonial movement and 'neo- dalits movement'xv it is trying to amplify the voice of the survivors from ground zero to the international level. Information technology has played a very vital role in connecting the dalit children with the school children in Germany. Girls from the Muslims community are now getting training from PVCHR on use of ICT to protect the male members from harassment from the security agencies. Sharing the testimonies among the survivors not only resulted in formation of a network but also believing that the other's suffering is more than mine. Conclusion: Historically, all the movements that fought for freedom and justice succeeded in changing the nature of governance. In the age of liberation technology, it is not easy to influence people and mobilise them. Rich and middle class Indians will never succeed in organising and running a movement because they themselves are the beneficiaries of the exploitative system. Their support to movements in the cyber world or on the street is a desperate attempt to be seen amidst others is an opportunist decision. Only victims who is the producer and a sufferer can come together to build movements and change the system. They can carry with them all those forces who believe in a casteless society to build a new nation free from exploitation by the state and society. They will succeed as long as they follow the words of Baba Sahib Ambedkar: First agitate, and then organise. Any such movement will bound to generate popular and technological support to succeed, God willing.

* The writer serves in the organisation as an Advisor and responsible for Advocacy strategies. He holds PhD in International relation from Jawaharlal Nehru University, Delhi
End Note:
In that Country the law of religion, the laws of the land, and the law of honour, are all united and consolidated in one, and bind a man eternally to the rule of what is calledhis caste. Edmund Burke ii Human Rights Watch, Broken People, p. p. 176 (citing In Brief: Recent Rape Cases, in Kali's Yug (New Delhi), November, 1996, p. 20). iii Confronting the Impunity of Non-State Actors: New Fields for the Promotion of Human Rights, Chris Jochnick, Human Rights Quarterly 21 (1999), The Johns Hopkins University Press, Page 60 iv The Realization of Economic, Social and Cultural Rights, Second Progress Report Submitted by Mr. Danilo Turk, Special
i

Voice of Voiceless

17

Rapporteur, U.N. ESCOR, Comm'n on Hum. Rts., Sub-Comm'n on Prevention of Discrimination and Protection of Minorities, 43d Sess., Agenda Item 8, I1 85, U.N. Doc. E/CN.4/Sub.2/1991/17 (1991). v Burton, John. Conflict: Resolution and Provention. (New York: St. Martin's Press, 1990), Page. 237. vi Richard E. Rubenstein, "Conflict Resolution and the Structural Sources of Conflict," in Conflict Resolution: Dynamics, Process, and Structure, ed. Ho-Won Jeong. (Vermont: Ashgate Publishing Co., 1999), 181 vii United States Department of State, 1999 Country Reports on Human Rights ,Washington, D.C., 1999, Introduction. viii United States Department of State, 1999 Country Reports on Human Rights (Washington, D.C., 1999), introduction. Page 290 ix Liberation technology, Larry Diamond, Journal of Democracy Volume 21, Number 3 July 2010, 2010 National Endowment for Democracy and The Johns Hopkins University Press x Ibid. xi Cited in R.D. Sharma, Crime against Women, The Hindu, May 15, 2001, http://www.sarid.net/religious-dimension/gender-andreligion/04-30-crime-agaist-women.htm (accessed February 7, 2007). xii Gospel for Asia, Facts about Dalits, undated, http://www.gfa.org/gfa/dalit-facts (accessed February 7, 2007). xiii Cited in R.D. Sharma, Crime against Women, The Hindu, May 15, 2001, http://www.sarid.net/religious-dimension/gender-and-religion/04-30-crime-agaist-women.htm (accessed February 7, 2007 xiv India, Hidden Apartheid, Caste Discrimination against India's Untouchables, Shadow report to the UN Committee on the Elimination of racial Discrimination, Centre for Human Rights and Global Justice, nyu school of law, Published by Human Rights Watch, Vol. 19, No. 3 (C), February, 2007, Page 53. xv http://www.pvchr.net/2012/03/women-folk-school-on-neo-dalit.html

Voice of Voiceless

18

(19)

An Overview of the Human Rights Issues in India

Dr. Lenin Raghuvanshi India is the worlds largest democracy with one of the best constitutions and is equipped with domestic mechanisms to fulfil the constitutional guarantees to protect human rights and dignity. However, theory is very different from practice. Internationally accepted human rights institutions are reporting continuously on severe human rights violations in India. Primary concerns are torture, caste based discrimination, cases of starvation as a direct consequence of caste discrimination as well as abuse and discrimination of women. There is a widespread use of custodial torture in India. In the context of crime investigation suspects are tortured to enforce confessions. Due to the absence of an independent agency to investigate cases, complaints are often not properly proofed and perpetrators are not prosecuted and punished. A blatant lack in human rights protection in India is the fact that the government has refused to ratify the United Nations Convention against torture. Caste based discrimination still affects the life of a high percentage of Indian population and is practiced in the educational system, in places of work, villages and towns and even in courts of justice. The refusal of the police to investigate a case of caste discrimination is common. The most heinous impacts of caste based discriminations are starvation and malnutrition. Acute poverty and cases of starvation occur especially in marginalized groups in the Indian society like minority communities, tribes and Dalits. In response to independence movements in the north-east of India special emergency laws were enacted (e.g. The Armed Forces (Special Power) Act of 1958). The implementation of this law is limited to areas declared as disturbed by the central government in Delhi. However similar laws are also implemented at the state level by various state governments in India. The Chhattisgarh Special Public Security Act 2006, the Maharashtra Control of Organised Crime Act 1999, the Madhya Pradesh Special Areas Security Act 2001 and the Uttar Pradesh Control of Organised Crime Bill 2007 are a few examples. These state/province-made laws have resulted in the militarisation of a large part of India. The militarisations in these areas are sponsored by the local state government by deploying special armed forces recruited from the state police. The unfortunate target of most of these legislations is often human rights defenders. The case of Dr. Binayek Sen from Chhattisgargh is a classical example.1) Human Rights organisations regularly report on extra-judicial executions, rape, torture and arbitrary detention. Due to the fact that the militarisation of these regions threaten the development of human rights standards for the whole nation. The Scheduled Castes, indigenous groups and other backward classes face atrocities and discrimination in all spheres of life. The data collection of 361 survivors in the project under Rehabilitation and Research centre for Torture Victims (RCT)-PVCHR on testimonial therapy, in which 89 per cent of survivors belong to Scheduled Castes, indigenous groups and other backward classes (OBC) verify this. The general impression is that Dalits and tribals not only do menial work, they also form the major source of churning out anti-socials and criminals. Unfortunately, a culture of silence has permeated society historically. The privileged class is conveniently convinced that they cannot be wrong. That is why one finds most of the custodial torture, violence and deaths that are committed against marginalised and deprived castes going unrecorded. Many Dalits are tortured and subjected to humiliation like being garlanded with slippers, their faces blackened or being forced to ride an ass.

1) Arbitrary detention of Dr. Binayak Sen continues; Combat Law: Binayek Sen: Victim of state vendetta (Vol.6 Issue4 August 2007)

Voice of Voiceless

19

Indian Police learnt demoralisation and community punishment from the caste system. When a person from an upper caste commits any crime, punishment may be meted out after a trial. However, in the case of the lower castes, the entire community is punished, mostly without any trial. This punishment is doled out by the higher castes, with implicit support from the police. It is very common to find the police unwilling to register cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This legislation, which is meant to ensure proper investigation by a high-ranking police official within 30 days, is rarely adhered to. As a consequence, the accused moves out of jail with a lesser sentence. The caste based patriarchal feudal system continues to determine political, social, and economic life for a billion people in South Asia. The practice of Untouchability against Dalitspeople of low status, who fall outside the caste systemwas outlawed by the Indian constitution sixty years ago. The Musahars population is estimated to be between 500,000 and 700,000 in Uttar Pradesh, a province of India. Exact figures are not available as they are included in the Scheduled Caste category in the state but were not counted separately in the last census. They are estimated to be close to three million in Bihar. These landless communities, traditionally dependent on forests, were slowly pushed from these areas as forests were nationalised and a land-based economy took over. These communities without resources found themselves at the mercy of the landed classes, which exploited them as bonded labour for weeding, harvesting and clearing the fields. The work of clearing the fields of rats and later using the grain from the rats burrows may have given them the name Musahar (musa-rat and ahar-diet) hence meaning people whose diet is made up of rats. The Musahar community was further pushed toward pauperisation as land was divided and harvesters were introduced. With the forests out of bounds, they also lost their supplementary income from supplying leaf plates during marriages and community events. Brahmins, Thakurs, Patels and Yadavs are the main landholders in the area. In five villages I visited in Uttar Pradesh and one in Bihar, only 25 per cent of the people from the Musahar community in two villages had land and the average land holding was not more than one or two acres. They got this land when the Land Ceiling Act was implemented in 1976; but in 75 per cent of cases, the people did not have control over their land, as the original landholders had managed to get stay orders from the court. Also, their land tends to be stony, not arable, and far from the villages. The Musahars work as agricultural labourers for the landholding castes and mainly do weeding and harvesting work. The men earn Rs 40 (almost half of 1) a day, and the women Rs 25 (30 pence) for harvesting and even less for weeding work. This is far below the minimum wage of Uttar Pradesh, which is Rs 100. Both these jobs are seasonal and provide employment for not more than three months in a year. For the rest of the year they work as casual labourers, earning not more than Rs 40 to Rs 60 per day. Many work in brick kilns for Rs 70 a day, but none of them are skilled enough to do the work of a fireman, which is highly specialised work. In the lean agricultural season, the Musahars migrate to other parts of the country, travelling to New Delhi or Punjab, where they work as casual labourers in the construction industry, earning not more than Rs 70 to Rs 80 a day and barely surviving. Some of them go to Jaipur, where they are employed in small textile businesses to colour cloth and earn up to Rs 100 per day. Voice of Voiceless

20

In reality, the practice persists. Subsequent laws have elaborated the rights and protections due to Dalits, tribal and minorities, but contradiction between the laws that are supposed to govern a society and the ethics and beliefs that rule the streets remain high. Dalits are still either landless or own very little land, often living in segregated colonies. They are forbidden by upper-caste Hindus to enter temples, to draw water from public wells and ponds, and must use separate tumblers at village tea stalls. Caste violence is rampant. In the state of Bihar, the private gangs of high-caste landlords murdered more than four hundred Dalits from 1995 to 1999. Police often refuse to pursue complaints against upper-caste Hindus accused of abusing Dalits and fail to enforce laws written to protect them. Prejudiced by their own biases or influenced by powerful village landlords and politicians, they frequently detain Dalits under the slimmest pretext. For their part, civil society organizations treat the symptoms of caste discrimination without attacking the disease itself. There is a tendency to reduce problems originating from caste conflict to problems of poverty; higher income, however, does not preclude discrimination. Even progressive civil society organizations aim to improve the lot of lower-caste people by finding them jobs, teaching them to read, educating their children, or seeking justice in individual cases of abuse. Each case is treated by giving out aid to the person suffering from a particular rights violation without looking at the underlying caste discrimination. The greater impact of such an approach is negligible because it seeks to achieve equality among people deemed unequal by society. A Dalit is not considered to be part of the human society, but something, which is beyond that. The Dalits perform the most menial and degrading jobs. Sometimes Dalits perform important jobs, but this is mostly not socially recognised. Dalits are seen as polluting for higher caste people. If a higher caste Hindu is touched by an untouchable or even had a Dalits shadow across them, they consider themselves to be polluted and have to go through a rigorous series of rituals to be cleansed. In India there are approximately 240 million Dalits. This means that nearly 25% of the population is Dalit. It also means that in a country, where everybody is supposed to have equal rights and opportunities, 1 out of 5 persons is condemned to be untouchable. In general one can say that being a Brahmin (Priest-Caste) means that you are more privileged. This can imply having a good education and, accordingly, a more powerful position in the society. Being born as a Dalit you will be less off and because of less education you will have a less good job. In daily life it has a lot of consequences of being a Dalit. Dalits are poor, deprived and socially backward. Poor means that they do not have access to enough food, health care, housing and/or clothing (which means that their physiological and safety needs are not fulfilled). They also do not have access to education and employment. With deprived we would like to underline the injustice they face in every days life. Officially, everybody in India has the same rights and duties, but the practice is different. Social backwardness, lack of access to food, education and health care keeps them in bondage of the upper castes. In the past one year, the PVCHR has reported several cases that depict the brutality of caste based discrimination. Of particular importance is the case of Suresh Musahar, a primary school student who was facing discrimination based on caste not only from his classmates, but also from his teacher. Suresh Mushar is the son of Mr. Sajjan Musahar and a resident of Ayer Musahar ghetto, under the jurisdiction of Cholapur police station in Haranhuwa block of Varanasi district. Suresh is 8 years old and is studying in class two at the Shivrampur Government Primary School. On 2 August 2007 Suresh complained to his class teacher Ms. Sangeeta Agarwal regarding his missing school bag. The bag could not be traced out on that day. On August Voice of Voiceless

21

4, 2007 Sangeeta returned the bag to Suresh. While returning the bag, the teacher asked why Suresh has to be concerned about the missing bag and books since the members of his community will invariably end up raring cattle and working for the upper caste. Saying this, without any further provocation the teacher started caning Suresh. Sureshs mother who came to know about the incident complained to a local human rights group seeking intervention. Mr. Vijay Bharati, an associate of the Peoples Vigilance Committee on Human Rights intervened. Bharati organised a meeting of the parents from the Musahar community whose children are attending the government school along with Suresh. In the meeting the parents and the children complained that most of the Musahar children were treated similarly by Sangeeta as well as the other staff in the school. The children also complained that the teacher discriminated them due to their lower caste and had instructed them not to touch her thereby polluting her. For decades Indians have been separated and divided according to the caste hierarchy. In spite of several laws and even Constitutional guarantees India remains largely divided along the caste lines. Caste based discrimination is omnipresent in India. It is reflected across the societal spectrum. It is so evident that even a complete stranger could identify the inequalities practiced openly in the society based on the caste. Caste based discrimination is reflected in the private and public life. Caste is the final denominator for everything in India. It has its influence in the politics, administration and even the economic growth of the country. To control the Dalits, the age-old Brahmin policy of food deprivation and bonded labour is brutally enforced. Though bonded labour is prohibited by the Bonded Labour System (Abolition) Act, 1976, the law has little meaning for the Dalits. They are forced to bone-breaking work in the farms, quarries and kilns of the upper caste community. Food deprivation and poverty eradication, though sought to be prevented through several central and state government programmes like rationed distribution of food grains and oils through the Public Food Distribution System (PDS) shops and implementation of programmes like the Andyodaya and Annapoorna schemes along with the employment generating programmes like the Rozgar Yogna and MNREGA never percolated into the Dalit community for their benefit. Dalits are deprived from accessing these programmes by the upper caste by corrupting the implementing element of these programmes. All this is possible only because of a corrupt and fallen criminal justice delivery mechanism in Uttar Pradesh. The backbone of the criminal justice system is the policing in the state. Policing in Uttar Pradesh suffer from the impunity the officers enjoy for their corrupt practices. Custodial torture and extra judicial killing is widely used to terrorise those who challenge the police in Uttar Pradesh. Even well known human rights groups are not immune to this terror. PVCHR and their activists, based in Varanasi who is fighting against the caste based discrimination in the state is targeted by the local police and the corrupt officials within the administration. Several threats have been made against the life of the activists associated with the PVCHR. Thus far instances where limited to harassment by the local police and death threats sent out by the upper caste feudal whenever they found their position were challenged. Illegal dealing of rationed articles is dominated by corrupt licensees, mostly from the upper caste, who had obtained licenses to run the PDS shops in villages. Some of them have been renewing their license for decades in spite of specific complaints filed against these licensees. The district administrations, the license issuing Voice of Voiceless

22

authority on behalf of the state government, has thus far ignored these complaints and failed to properly investigate them. Even in cases where an investigation was ordered it was breached by corrupt police officers who rallied behind the upper caste under the influence of their money. When mere complaining and campaigning was found ineffective matters were taken to the local courts for intervention. The local courts which are equally corrupt and nepotism failed to intervene. Some of the judges in the lower judiciary and a few in the higher judiciary of the state are so prejudiced with their caste sentiments that any issue concerning the lower caste is thrown out of the court without any consideration. The UN High Commissioner for Human Rights has expressed an urgent need to end caste-based discrimination. In an interview with The Nation on 26 October 2009, Navi Pillay, a former judge in South Africa, mentioned the need to create a new international convention that includes the explicit recognition of caste-based discrimination as a human rights violation. Slavery and apartheid could be removed, so now [caste] can be removed through an international expression of outrage, she said in the interview. Recently, Pillay was visited by a group of women who gave her a brick from a latrine where Dalits are forced to clean toilets with their bare hands. There are approximately 260 million untouchables or Dalits (broken people) throughout the world today, many of whom continue to deal with discrimination. The issue of caste has been discussed for over a hundred years; Pillay says action is long overdue. Perhaps the most disturbing aspect of the entire movement is that many laws do exist to criminalise caste-based discrimination in theory, protecting Dalits from violence and exploitation. Affirmative action programmes exist to guarantee Dalits a presence in the government and access to education. However, strong discrimination continues to be practised. This paradox is perhaps illustrated best in India, where the vast majority of Dalits live. Dalits have faced death from upper caste individuals for entering a Brahmin temple, or lynching for inter-caste marriage. In some parts of Northern India, Dalits must vote in segregated polling stations. Indias ban on castebased discrimination will not be effective unless the government makes it a priority to enforce it, said Paul Divakar, general secretary of the NCDHR in India. Violence and other human rights abuses against Dalits are still committed with impunity. The government should work with the international community to address this problem. The concept of caste continues to centre a heated debate in international circles. For Pillay, caste issues have been distorted by governments such as India who have successfully argued in UN conferences that existing policies, conventions, and treaties against human rights abuses do not apply. In general, lower-caste individuals are confined to menial, low-income employment while deprived of land and credit. Many are doomed to indebtedness and labour bondage, which is a form of slavery that continues generation after generation. Dalit rights tend to fall under the purview of the UNs guidelines for the effective elimination of discrimination based on work and descent in various inter governmental discussions on caste. Due to the obfuscation of governments and the interpretative flux of inter-governmental bodies, Pillay suggests creating a new international convention explicitly recognising caste based discrimination as a human rights violation. Through such recognition, Pillay hopes to incite the type of international pressure used against apartheid. The Prime Minister of India in his foreword in the Report to The People dated May 22, 2007, claimed: In this 60th year of independence, the country should have the satisfaction of recording for the fifth year in a succession a rate of economic growth of over 8.5%.h What is not sure however is whether the estimated over 200 million Indians who are presently suffering from malnourishment, and the many more million who have done so during past decades, will be satisfied with this growth. The countrys overwhelming population is often given as an Voice of Voiceless

23

excuse to justify poverty and starvation in India. This theory is applicable only if the State itself is poor and has no means to procure enough food for its people. India is not poor, even though 70% of Indians are poor. Indias projected defence budget for 2007-08 is 24 billion US$ and it plans to spend further on its weapons upgrade programme Defence spending of such proportions in a country where a section of the population equivalent to 2/3 rds the size of that of the United States is undernourished or suffering from malnourishment, is difficult to stomach. The United Nations Special Rapporteur on the Right to Food has highlighted this contradiction of priorities in his report following his mission to India in 2005. India is a country of contradictions. A country that has a projected 9% development index performs worse than some Sub-Saharan countries with regard to addressing starvation and malnourishment within its territory. The National Minimum Programme promulgated by the Government of India in 2004 speaks about the Rural Employment Guarantee programme, which is also reflected in Indias voluntary pledge to the United Nations Human Rights Council. However, millions of Indians in rural villages are not benefiting from this programme and remain unemployed. The programme is not properly implemented and in places where there are possibilities of implementation and thus employment, recruitment to the programme is based on caste bias and nepotism. Poverty and resultant starvation in India is not limited to the lower caste, although they suffer the most. The lower caste forms only about 20% of the Indian population, whereas starvation and malnourishment affect about 53% of its entire population. Starvation and malnourishment are the direct result of the failing administrative system in India. A malfunctioning administrative system has a direct bearing upon the living conditions of the poor. For example, for the distribution of food to targeted population the government has established the Public Food Distribution System (PDS). However, the management of this system suffers from corruptionparticularly black marketing, caste prejudices and the utter failure of various local governments. Torture is not a crime in India. To convict a law enforcement officer for torture, the act has to qualify all the requirements like any other crimes in the Indian Penal Code, 1980. To prove a crime, meeting all standards, to be punished under the Indian Penal Code, is difficult because of the absence of independent investigating agencies in India. The absence of an independent agency to investigate cases of custodial torture is exploited by the offenders since they know that even if a complaint is made regarding torture it would not be properly investigated. The widespread use of custodial torture has taken its toll upon the law enforcement agencies in India and is reflected in the overall state of rule of law in India. As of today, the ordinary people have isolated themselves from the law enforcement agencies. The people do not trust the law enforcement agencies. The use of torture has also considerably reduced the morale of the law enforcement agencies. For example cases that are brought to a court based exclusively on the evidence gathered by use of torture often results in acquittal. The loss of morale of the law enforcement agencies is exploited by corrupt elements in the society who would like to use the local police as their militia, paid from the state exchequer. This isolation of the law enforcement agencies from the ordinary people has resulted in increasing number of incidents where people take law into their hands. In the past few years incidents of violence committed in the name of justice are increasingly reported from India, of which the highest number was reported in 2007. These are acts of violence, is resorted to by either the state agents or the people for executing what they think is justice. Such violence indicates that the public perception of justice in India is rapidly changing-changing for the worse. The peoples perception of justice Voice of Voiceless

24

depends upon how the justice dispensation mechanism in a country functions. In theory, India has a reasonably good legislative framework within which laws are drafted, debated and implemented. But in practice the drafting and debating of laws remain mostly outside the scope of any public discourse. The acts of the legislature are often dominated by caste, religious and partisan political sentiments as opposed to welfare and betterment of the people. The culture of impunity is the biggest threat to the rule of law in India. Victims are often threatened to make submission or give statements before the magistrate so that the case weakens and nothing happens to the perpetrator. If at all the department or the court decides to take cognisance of the statement of the victim and orders an inquiry against the accused police personnel, it directs the superior officer to undertake an investigation. It does this knowing full well that both work in the same office and the higher officer is familiar with the movements and intentions of his subordinates. In the absence of evidence or weak evidence on cases like custodial torture, encounter or disappearances, the court relies more on the police report, resulting in acquittal in most instances. The insensitivity of the judiciary and human rights institutions make them extremely culpable in contributing to the impunity that persists and aggravates the problem. Evidence indicates that the poor are increasingly being criminalised. The limitation of the enforceable power of the National Human Rights Commission, India, has been a matter of concern for everyone. Legal impunity is embedded in provisions like Sections 197 and1 32 of the Indian Criminal Procedure Code (CrPC) as well as Section 6 of the Armed Forces (Special Powers) Act (AFSPA). In fact, almost every section of the CrPC provides some kind of impunity. For example, Section 46 empowers the police to shoot to kill any accused charged with a crime punishable by death if that accused person attempts to escape from police custody. The police forces of Andhra Pradesh and Uttar Pradesh have made extensive use of this section to cover up fake encounters, killing hundreds of detainees. Experience shows that the government habitually denies sanction for prosecution of members of the police and security forces whenever any private criminal complaint is filed against them. In many cases, the police routinely refuse to record the First Information Report (FIR) against misdeeds of police personnel. In cases where FIRs are lodged following sustained campaigns by the families of victims and human rights defenders, these are never properly investigated. Human Rights Watchdogs and critical observers agree that the Indian criminal justice system seems to be dealing with two broad categories of people: those who live above the law and those who are absolutely crushed by it. Prisoners are one of the weakest constituencies in the society. They have no voting rights, have very limited access to the outside world, and are under the complete control of the prison authority. They cannot speak with the press, write letters or speak with their families without the permission and/or censorship by the prison department. In India, majority of these voiceless people remain in prison pending trial or conviction. Most recent statistics reveal that over 65% of the prisoners are under-trials and they may continue to be held in overcrowded prisons for years. The occupancy in prisons exceeds by 41.4% over and above its sanctioned capacity. A huge majority of these under-trial prisoners are poor. They are denied bail for want of monetary security. And trials take years Often, they have no lawyers, live in pathetic conditions, do not have access to adequate medical care, and are likely to be tortured or exploited. Many times, the legal aid lawyers and prison officials are also unaware of the existing legal standards. The system fails the prisoners at every turn and often times the agencies blame each other for non-performance and unaccountability.

Voice of Voiceless

25

Under Indian law, there is no enforceable right to rehabilitation for torture survivors. Private medical and psychological support is offered by only a few rehabilitation centers2) and torture survivors cannot access the public health sector, due to lack of specialized rehabilitation and rejection by the health care providers. In most torture victims, who have approached PVCHR for assistance, have never been referred for any kind of treatment. In this context of impunity, limited access to justice, and limited rehabilitation services, PVCHR with RCT identified a need for a psycho- legal approach. The two organizations have so far partnered on three pilot projects on testimonial therapy.3) Preliminary experiences show that testimony has a potential for creating new dynamics in the justice process; converting the survivors private pain into a new political voice to challenge impunity, contribute to the establishment of the rule of law and people-centered advocacy. The pain and the agony expressed in the testimonies help to convince the judiciary and human rights institutions about the injustice committed against the plaintiff. It was easier to elicit a coherent story from survivors and it seemed to release their pain during narration of self suffering of being tortured. On the specific recommendation by the UN Human Rights Council during examination of India, human rights records under the Universal Periodic Review in April, 2008 to expedite ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the government of India stated that the ratification of the Convention against Torture is being processed. While the inter-ministerial group has made no public recommendations, the ministry of external Affairs has drafted the Prevention of Torture Bill, 2008 for the ratification of the UNCAT. The Prevention of Torture Bill, 2008 as drafted by the Government of India states in the preamble that the law is being enacted to ratify the Convention and to provide for more effective implementation. While recognition of torture as a criminal offence is welcome, the Bill contains ONLY three operative paragraphs relating to (1) definition of torture, (2) punishment for torture and (3) limitations for cognisance of offences. It excludes many of the key provisions of the UNCAT. India needs to ratify UNCAT and enact domestic laws on torture, unlike its present draft. But what is more important and should be taken up on a priority basis is an inclusive, healthy debate on reforming security forces. The Supreme Court directed that police reform programmes be given priority. And all these should happen keeping the victim, already abused by the protector (security agencies), neglected by the justice giver (judiciary) and abandoned by the care givers (family and community) at the centre. The international code of medical ethics, drawn up in 1949 states: A physician shall in all types of medical practice be dedicated to providing medical service in full technical and moral independence, with compassion and respect for human dignity

2) India has only six rehabilitation organizations for torture victims registered in the IRCT updated global directory of rehabilitation services. www.irct.org 3) http://pvchr.blogspot.com/2009/01/giving-voice-manual-for-testmony.html1.

Voice of Voiceless

26

Submission regarding India for Universal Periodic Review 13th session

ekuokf/kdkj tufuxjkuh lfefr

Peoples' Vigilance Committee on Human Rights (PVCHR)
November 28, 2011 Office of the High Commissioner for Human Rights Civil Society Unit Palais des Nations 814, Avenue de la Paix CH1211 Geneva 10 Switzerland Re: Submission by PVCHR regarding India for the Universal Periodic Review 13th session scheduled (21st May - 1st June 2012). Dear Sir/Madam, PVCHR works to ensure basic rights for marginalized groups in the Indian society, e.g. children, women, Dalits and tribes and to create a human rights culture based on democratic values submit information regarding the state of Impunity. We hope this information will be considered during India's evaluation under the second UPR session of the UN Human Rights Council.

India : State of impunityi .

It has been 64 years since India the largest democracy in the world attained independence. Yet, justice for all is still a far cry. Money and muscle power, together with political string pulling, often result in denial of justice for the hapless, the 'have-nots' ravaged by poverty and illiteracy. Ironically, even after having shed the colonial yoke, its legacy continues in the administrative framework of our independent India. Atrocities, extortion, fake encounters, refusal to register complaints against the well-heeled, arbitrary arrests on false charges, illegal detention and custodial deaths are in commonplace. In the absence of a modern social audit system, the keepers of the law, who normally perform under a demanding environment, often unleash a 'police raj', especially in rural India. A crippled National Human Rights Commission (NHRC) and its state subsidiaries with limited recommendatory control and a dysfunctional Legal Aid System depict a gloomy picture indeed. In a system of defunct legal procedures, the economically weaker and socially backward sections often fall victim, languishing in legal tangles where only money talks. Official reports show the impact of 100 days' guaranteed work at Rs 120 a day under the National Rural Employment Guarantee Act (NREGA) is suspect. Submission regarding India for Universal Periodic Review 13th session. The Scheduled Castes, indigenous groups and other backward classes face atrocities and discrimination in all spheres of life. The data collection of 123 survivors in the pilot project under RCT-PVCHR on testimonial therapy, in which 89 per cent of survivors belong to Scheduled Castes, indigenous groups and other backward classes (OBC) verify this. The general impression is that Dalits and tribals not only do menial work, they also form the major source of churning out anti-socials and criminals. Unfortunately, a culture of silence has permeated the society historically. The privileged class is conveniently convinced that they cannot be wrong. That is why one finds most of the custodial torture, violence and deaths that are committed against marginalised and deprived castes going unrecorded. Many Dalits are tortured and subjected to humiliation like being Voice of Voiceless

27

garlanded with shoes, their faces blackened or being forced to ride an ass. When a person from an upper caste commits any crime, punishment may be meted out after a trial. In the case of the lower castes, however, the entire community is punished, mostly without any trial. This punishment is doled out by the higher castes, with implicit support from the police. It is very common to find the police unwilling to register cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.ii This legislation, which is meant to ensure proper investigation by a high-ranking police official within 30 days, is rarely adhered to. As a consequence, the accused often moves out of jail with a lesser sentence.iii According to Justice K Ramaswamy, former Supreme Court judge and member of National Human Rights Commission, police register complaints as 'code offences' instead of 'act offences' so that upper caste perpetrators do not face severe sentences.iv Different human rights institutions like NHRC and National Commission on Scheduled Castes are trying to combat these 'misdeeds'.v The reluctance on part of the police to register and investigate crimes makes the victims much more vulnerable. The police usually jump to the conclusion that a poor victim will be unable to pay bribes or fight the case for a prolonged period. By this time, the crime evidence is destroyed or has 'gone cold', ultimately resulting in a lost battle. Crime victims who do not have the clout of money are unlikelyvi to be able to get local influential figures to intervene on their behalf, while their perpetrator may have police protection due to political connections. Most women in India suffer directly or indirectly from the existing norms of a patriarchal society. They become either primary or secondary victims and face all kinds of torture. In a recent case of illegal detention and torture, the wife of Vinod Kumar Guptavii in Uttar Pradesh endured double tier psychological trauma. In the RCT-PVCHR collaborative study, it appears that 27.64 per cent of the women facing torture and organised violence were psychologically supported through testimonial therapy. In fact, Uttar Pradesh remains at the top in crimes against women, primarily due to rape, torture for dowry and harassment.viii Discriminatory and organised action against women includes domestic violence, dowry-linked violence and sexual harassment. All these are indicative of the extent of the problems and are sufficient to establish that human rights initiatives in India lack a gender perspective. Dalits are considered untouchables in Indian society, yet rape of Dalit women is not Submission regarding India for Universal Periodic Review 13th session considered a taboo by the upper castes. In fact, the latter uses rape as an instrument of continuous subjugation. Discriminatory attitudes and lack of sensitisation to the dynamics of crimes involving sexual or domestic violence leave victims without critical police aid or redress to which they are entitled.ix The police attitude that domestic violence is primarily of a private nature is the most unfortunate trivialisation of a grave social evil, that too, when the police are empowered to arrest the perpetrator without any warrant.x The Protection of Women from Domestic Violence Act, 2005, was enacted to augment women's immediate protection from violence through emergency relief, including access to temporary protection order and domestic violence shelters. In reality, the situation, however, depicts a complete reversal. The lawyers and activists say that due to poor implementation of the law, women facing imminent and life threatening violence remains hostage to police attitude. This attitude of the police perhaps stems from its traditional legacy of 'rule of lords', the same as its colonial masters. This is the common bond between the police and the feudal lords in India, which do not believe in the concept of welfare state. The culture of impunity is the biggest threat to the rule of law in India. Victims are often threatened to make submission or give statements before the magistrate so that the case weakens and nothing happens to the Voice of Voiceless

28

offenders. If at all the department or the court decides to take cognisance of the statement of the victim and orders an inquiry against the accused police personnel, it directs the superior officer to undertake an investigation. It does this knowing fully well that both work in the same office and the higher officer is familiar with the movements and intentions of his subordinates. In the absence of evidence or weak evidence on cases like custodial torture, encounter or disappearances, the court relies more on the police report, resulting in acquittal in most instances. The insensitivity of the judiciary and human rights institutions make them extremely culpable in contributing to the 'impunity' that persists and aggravates the problem. Evidence indicates that the poor are increasingly being marginalised. The limitation of the enforceable power of the National Human Rights Commission, India, has been a matter of concern for everyone. 'Legal' impunity is embedded in provisions like Sections 197 and 132 of the Indian Criminal Procedure Code (CrPC), 1973 as well as Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. In fact, almost every section of the Criminal Procedure Code (CrPC), 1973 provides some kind of impunity. For example, Section 46 empowers the police to shoot to kill any accused charged with a crime punishable by death if that accused person attempts to escape from police custody. The police forces of Andhra Pradesh and Uttar Pradesh have made extensive use of this section to cover up fake encounters, killing hundreds of hapless detainees. Experience shows that the government habitually denies sanction for prosecution of members of the police and security forces whenever any 'private criminal complaint' Submission regarding India for Universal Periodic Review 13th session is filed against them. In many cases, the police routinely refuse to record the First Information Report (FIR) against misdeeds of police personnel. In cases where FIRs are lodged following sustained campaigns by the families of victims and human rights defenders, these are never properly investigated. In the rarest of rare cases, under immense pressure from the public, the government ordered investigations by agencies of state governments or that of the Centre into complaints against police or security personnel. Unfortunately, even when such investigations established prima facie cases against the accused police or security personnel, the guilty persons went unpunished as bureaucrats in the ministries of home and defence denied sanction for prosecution of the guilty. This practice has divided the citizens of India into two categories one ruled by law and who can be punished by the law courts for their misdeeds. The other comprises those who are protected and cannot be punished by law courts unless their employer, the State, sanctions their prosecution. The freedom enjoyed by the killers of the Dalits and minorities be it the Sikhs, Muslims, Christians and Buddhists whether it was in Parasbigha, Bhagalpur, Delhi, Kanpur, Maliana, Hasimpura, Meerut, Mumbai, Ahmedabad, Baroda or Godhra bear testimony to this double standard in our administrative system.

Prevention of Torture Bill - 2010 and Right to Health

The Human Rights Information and Documentation Systems International (HURIDOCS)xi database of human rights violations tallies 73 forms of torture that takes place in detention. Each technique engenders short-term and long-term consequences, sometimes unique. The likelihood of profound and long-lasting psychological effects from torture is independent of the intensity, nature, or duration of the abuse, although such effects may be partly related to poorly understood psychological attributes of the victim. Torture may attack the body, but the ultimate target is the mind of the victim during, and after, imprisonment.xii Although the UN Convention Against Torture (UNCAT) recognizes that torture can be purely psychological in Voice of Voiceless

29

character and bans "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted", many policy makers and citizens underestimate the profound and intentional damage psychological forms of torture can produce. The psychological consequences for the individual can be more disabling than residual physical disabilities. Even after the memories of the pain of a physical assault have abated or disappeared altogether, torture survivors tell their therapists of intrusive memories of mock executions and watching or hearing the torture of others.xiii A right to health care for survivors of torture is explicitly stated in the UNCAT that came into force on 26 June 1987.xiv The treaty calls on the states to make it as an "enforceable right." Few international treaties provide such an explicit statement of the right to care. The UNCAT calls on states to make the "means for as full rehabilitation as possible" along with other forms of redress, an "enforceable right". The treatment and rights of torture victims are also addressed in other international instruments.xv Testimonies of the survivors studied by PVCHR highlight the urgency of addressing detainees' right to health. The prison jurisprudence recognizes the inalienable rights Submission regarding India for Universal Periodic Review 13th session of the prisoners. This right has been upheld by the Supreme Court of India in its landmark judgement in Parmanand Katara vs. Union of India (1989). According to Article 12 of the ICESCR, "everyone has a right to enjoyment of the highest attainable standard of physical and mental health." Under United Nations' General Assembly Resolution 44/111, "Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation." One way to ensure that all prisoners have access to health services is to link together prison and public health care. The World Health Organization made several recommendations to this effect in the Declaration on Prison Health as Part of Public Health (2003). This right to health care and a healthy environment is linked to the persons with HIV inside the prison, to rights, like nondiscrimination, privacy and confidentiality. Prisoners cannot fend for themselves in their situation of detention, and it is the responsibility of the state to provide for health services and a healthy environment. In this context, the testimonial therapy especially emphasizes on the overall well being of the survivors.xvi The health status of prisoners has highlighted the urgency of the role of medical professionals in fighting impunity and establishing right to health. Although medical workers in general do not require knowledge of human rights and law, their ethical duties require them to assume the role of advocates on behalf of their patients. This is particularly true in the closed and isolated environment of prisons, where human rights abuses occur with impunity and where health workers are sometimes the first witnesses of such violations.xvii Guaranteeing Prisoners should highlight (1) Separation of power between the judicial system and medical professionals. There should be proper medical cadre dedicated to service for the prisoner, including psychologists and psychiatrics; (2) specialized training programmes for the prison staff with focus on priority on humanitarian law and rehabilitation.; (3) a through medical profiling of the prisoner at the time of entering and leaving the prisoner; and (4) compulsory medical insurance of the prisoner. Please do not hesitate to contact us at pvchr.india@gmail.com if you have any questions or require any additional information. Thanking You Sincerely Yours (Dr. Lenin Raghuvanshi) Contact: SA 4/2A, Daulatpur, Varanasi-221002, India E-mail: pvchr.india@gmail.com, Mobile: +91-, 9935599333 Website: www.pvchr.asia, www.pvchr.net Voice of Voiceless

30

Reference : http://www.amazon.com/Justice-Liberty-Equality-Critical-Frontpage/dp/9381043043 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1995, Sec. 3. For the discussion of this provision see Human Rights Watch, Broken People: Caste Violation against India's Untouchables (New York: Human Rights Watch 1999). Police fail to register FIR under this Act both due to bias and lack of familiarity with the Act. See also Human Right Watch, Hidden Apartheid: Caste Discrimination against India Untouchables. iii (Justice Ramaswamy, Attitude and Approach unpublished paper presented at Judge Colloquium organised by NHRC and HRLN, December, 2005, quoted in National Campaign on Dalit Human Rights, (Shadow Report to the UN CERT 2007) iv (Human Rights Watch, Broken People: Caste Violence against India's 'Untouchables', Human Rights Watch, New York, 1999) v www.scribd.com/.../National-Human-Rights-Commissions-intervention-in-case-of-police-firing vi K V Thomas , Corruption in Indian Police, p.8 Centre for Media Studies and Transparency International India, TII CMS corruption study 2007 with focus on BPL household vii http://pvchr.blogspot.com/2010/02/india-again-vinod-kumar-gupta-and-his.html viii http://ncw.nic.in/ ix National Commission for Women, Course curriculum on Gender Sensitisation of Judicial Personnel, April 2009 x Section 498 A, Indian Penal Code xi http://www.huridocs.org/ xii Douglas A. Johnson and Steven H. Miles, "As Full Rehabilitation as Possible": Torture Survivors and the Right to Care, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book, Vol:3, 2009, Page 217. xiii Dr. Jose Quiroga and Dr. James M. Jaranson, 'Politically-Motivated Torture and Its Survivors: A Desk Study Review of the Literature', in 15(23) Torture: Journal on Rehabilitation of Torture Victims and Prevention of Torture (Copenhagen: International Rehabilitation Council for Torture Victims (IRCT), 2005. See also www.irct.org.) xiv http://www2.ohchr.org/english/law/cat.htm xv These include: The Standard Minimum Rules for the Treatment of Prisoners (1977); Additional Protocols to the Geneva Conventions of 1949 (1979); the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988); International Covenant on Economic, Social and Cultural Rights as elaborated in General Comment No. 14 (2000); the Rome Statute of the International Criminal Court (2002); the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (2005); and the Convention on the Rights of Persons with Disabilities, 2007. xvi Slim Slama, Hans Wolff and Louis Loutan, The Right to Health in Prisons: Implications in a Borderless World, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book, Vol:3, 2009 xvii Slim Slama, Hans Wolff and Louis Loutan, The Right to Health in Prisons: Implications in a Borderless World, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book, Vol:3, 2009.
ii i

Voice of Voiceless

31

Photographer : Alessio Mamo/Redux Show all images from this source Headline : Description : Lenin Raghuvanshi honors a man at the Honour ceremony, organized by PVCHR, to the survivors of the dalit caste to atrocity and police torture. Lenin Raghuvanshi is a Dalit rights activist from Varanasi, India. In 1996 he and his wife, founded people's Vigilance Committee on Human Rights (PVCHR), a community-based organization, to address the injustice of the Indian caste system. He has become the symbol of nonviolent resistance among millions of Dalits fighting for dignity. For his commitment in favour of marginalized people, the has periodically suffered death threats.His work has been recognized with awards like Gwangju Human Rights Award (2007), the ACHA Star Peace award (2008) Star Peace award (2008) and the International Human Rights Prize of the city of Weimar (2010). Credit : Alessio Mamo/Redux Copyright Notice : Alessio Mamo 2011 Date created : 24.04.2011 City : Varanasi State/Province : Uttar Pradesh Country : India Restrictions : MODEL RELEASED Keywords : activist Asia Asie Asien Banarasi Benares Baranasi Caste ceremony community dalit emergency hindu hinduism hindus honors Inde India Indian Indien Lenin man marginalized men nonviolence organization pepole person poor portrait portraits poverty PVCHR Raghuvanshi survival symbol untouchables Uttar Pradesh Varanasi.