India ::::::::::::::::::::::::::::: L'Inde

C.R .Shridhar

The Ruling elite of our nation is in the grip of delusions of grandeur. The GDP growth rate of 8% is trotted out as a sign that India is on the threshold of becoming an economic superpower. A bright future awaits India with its revitalized economic policy of liberalization, privatization and an open door policy of attracting foreign capital. A new animal energy is infusing corporate India, which is headed for gigantic growth propelled by innovation and its ability to create anything from nanoparticles to giant rockets. It appears that India's tryst with destiny is unstoppable.

To the less gullible, the picture appears less rosy as India is in the throes of a shocking agrarian crisis fuelled by falling returns from agriculture coupled with debt and crop failure. More disturbing is the violence that the State inflicts on its citizens through encounter killings, police torture and custodial deaths.

Though the Left party has questioned the gains of the new economic policy formulated by the UPA government, there appears to be very little concern about gross human rights violations, which occur throughout the country. While there have been impassioned debates for the Washington consensus favouring MNC's in the media, there has been at best a token concern for the marginalized poor facing police brutality on a day to day basis. There is deafening silence in our media about the fact that though India has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), there has been no ratification on the pretext that existing laws have adequate provisions to prevent torture, in addition to constitutional safeguards.

Respect for human rights is the sine qua non of any civilized society and the disrespect for human rights is inimical to civil liberties granted to its citizens by the state. By this standard, the Indian State lamentably fails and is a cause for concern for those who value civil liberties. The prevalence of torture and other human rights violations occurs both in communist and non-communist states in India. Both the states of West Bengal and Kerala have witnessed police brutality even with the Left parties in power.

The Amnesty International in its report dated 10-08-2001 about torture in West Bengal observed, "Police are being urged to use whatever means necessary to deal with crime and are often allowed to use torture as a substitute for investigations, while action is rarely taken against the perpetrators. This system of policing is having little if any impact on crime." CPI (M) leader Benoy Konar, defending police brutality once said, "It must be viewed whether police is carrying out torture with a correct aim or an incorrect aim...In a class divided society, the police has the duty of carrying out repression.... You [journalists] have the pen in your hands, the police has the stick." Hence, it would be a mistake to view human rights abuse from an ideological perspective.

The wide prevalence of encounter deaths or extra-judicial killings at the hands of the police has been documented by human rights organizations and remains a part of our dark history in post independent India. A study conducted by the Asia Pacific Human Rights Network noted that encounter killings were not isolated incidents but occurred throughout India. They are part of a "deliberate and conscious state administrative practice" for which successive Indian governments must bear responsibility. Indeed, successive Indian governments have adopted a de facto policy sanctioning extra-judicial killings by members of the police forces, army and security personnel.

The most horrific examples include the operations against Naxalite movements in West Bengal, Andhra Pradesh and the operations against Punjab extremists. Tamil Nadu and Kerala committed the excesses of encounter killing during the days of Emergency. The Vimadlal Commission took the lid off so-called encounters in Andhra Pradesh during the mid-1970s. Uttar Pradesh is noted for it's encounter deaths and this has assumed alarming proportions in recent times. The paramilitary operations in Jammu & Kashmir, Manipur and Assam cause grave concern as human rights activists report wide spread instances of encounter killings, rape and torture of militant suspects.

The complicity of State and Central governments in encounter killings could be gleaned by the fact that they do not vigorously conduct prosecution of the guilty nor is the investigation thorough to bring the guilty to book. The National Human Rights Commission has not proved very effective in checking encounter killings, as it's recommendations are not implemented by the State and Central governments. The guidelines issued by the NHRC in matters regarding encounter killings are rarely followed. The long delays in courts in prosecuting the guilty police personnel creates a climate of impunity for such crimes to flourish. The governments also reward policemen or paramilitary personnel, which actually encourage encounter killing. The compensation paid to the surviving members of the victims murdered by the police personnel remains a pittance.

The use of torture and third degree methods against suspects in police lockups remains standard operating procedure in post-Independence India. Human Rights organizations note that torture is used against secessionist groups, against suspects belonging to the poorer sections of our society for extracting confessions and bribes and also used as extra-legal punishment (teach you a lesson).

In areas such as Jammu & Kashmir, there exist a number of detention cells where militant suspects are beaten and electric torture is meted out as routine punishment and to extract confessions or information. The methods of torture vary. For instance, in Assam, Jammu & Kashmir and Punjab (particularly in areas where the Punjab police or Punjab paramilitary units operate) dislocation of ball and socket of the suspect appears to be the preferred mode of torture. Sometimes the choice is more eclectic with a judicious combination of aeroplane treatment (tying the hands of the suspect behind his back and suspending him over a beam, leading to shoulder dislocation), electric torture with cattle prod and roller treatment (crushing the muscles of the suspect with a wooden log being rolled on his leg). Of course, beating of suspects with belts and lathis is standard fare in most police lockups. Human Rights groups have recorded cases involving rape and sexual humiliation of woman suspects.

While the reported cases of custodial deaths are increasing in India, statistics are difficult to come by, as there is government apathy to transparency. However, on 12th May 2006, The Indian Evidence (Amendment) Bill, 2006 was introduced in the Rajya Sabha with a view to curb custodial deaths. The amendment provides the presumption that when a suspect dies in police custody it is presumed that the police have caused the death and the onus of proof rests on the policemen to prove their innocence. While the amendment is certainly a welcome change in official attitude towards custodial deaths, it remains to be seen whether it would be effectively implemented in the courts.

Human Rights activists have also warned against Anti-terrorism and security laws in India as facilitating human right abuse by primarily targeting lower castes and minority communities. The security laws abuse specially targeted groups by prolonging detention without trial and by inflicting torture, which is responsible for custodial deaths. On September 25, 2006, the Committee on International Human Rights of the New York City Bar Association released a report, Anti-Terrorism and Security Laws in India, calling on the Indian government to limit its application of anti-terrorism laws. The report notes "Attentiveness to these human rights concerns is not simply a moral and legal imperative, but also a crucial strategic imperative. As the Supreme Court of India has recognized, 'terrorism often thrives where human rights are violated' and 'The lack of hope for justice provides breeding grounds for terrorism.'"

The report chillingly concludes that the sweeping powers given to the authority in such enactments as TADA [Terrorist and Disruptive Activities (Prevention) Act], POTA [Prevention of Terrorism Act], and UAPA [Unlawful Activities (Prevention) Act], were used predominantly not to prosecute and punish actual terrorists, but rather as a tool that enabled pervasive use of preventive detention and a variety of abuses by the police, including extortion and torture. Another unpopular act called the Armed Forces (Special Powers) Act has been sharply criticized for its 'oppression and high-handedness' by the Justice Jeevan Reddy Committee and has asked for the scrapping of this draconian law. This act (AFPSA) was the rallying point of widespread protests in Manipur and in other parts of North East as it offered immunity to the army personnel guilty of indiscriminately killing innocent people.

Legislation to eradicate torture, encounter killings and custodial deaths may be effective up to a point and may decrease human rights abuse marginally. But laws need the backing of robust public opinion to be fully effective. Here, Sunshine India is seriously flawed. The middle class and the upper class seem to be totally self-absorbed in greed creed and its consumerist pretensions. Moreover, there is wide acceptance of 'tough police tactics' by the middle and upper classes. The issues of liberalism, values for a just and humane society do not resonate well with this class. Instead there is, in the words of Praful Bidwai, a social commentator, "growing illiberalism and intolerance... lack of moral clarity among large sections of middle class on issues of justice, fairness, pluralism, secularism and other constitutional values, leave alone compassion for the underprivileged."

With public opinion fragmented, human rights violations would continue unchecked with the brunt of abuse borne by the marginalized poor. A prospect, which we must admit, bodes ill for our Republic.

DesiCritics.ORG

An Urgent Appeal for Action : Free Hebal Abel Koloy !

On October 26, 2006 at around 9.30am, Mr. Hebal Abel Koloy, Chairman of Borok People's Human Rights Organisation – BPHRO – (an organisation fighting for the rights of indigenous peoples of Tripura against all forms of state terror), Tripura, India, was asked by the police of Jirania police station of West Tripura district, to accompany them to the Jirania police station and later was taken to Manu police station, Dhalai district. He accompanied them and was detained there till 8 a.m. (27 October, 2006) without any reasons. By 8.30 a.m. of October 27, 2006 he was declared arrested. The Manu police registered a case against him [Case no.37/06, U/S 396/353/307/IPC and 27 of the Arms Act and 120(B)] under the Indian Penal Code.

On October 27, 2006 Hebal Koloy was produced in the court of the Chief Judicial Magistrate, Kailashar and the Manu police station appealed to the court for 10 days remand in the police custody. However, the court granted allowed custody for 3 days – i.e. October 27-30, 2006. On October 30, 2006 he was produced in the Court of the Chief Judicial Magistrate, Kailashar and the court found no evidence of charges brought against him by the police but in spite of his being proved innocent was not given bail and was sent to the Kailashar Jail, Kailashar district for 3 more days.

It is pertinent to mention here that Mr. Koloy is the principal of Khumpui Academy which is run by the Tripura Tribal Areas District Council. His official residence was ransacked in search operations that were carried out on October 28, 2006 from 3.00 -3.50 p.m. But no incriminating documents were found there. On October 29, 2006 a search operation was carried out from 11.15 a.m. to 12 noon in the office premises of the BPHRO, located in the Place Compound, Agartala, Tripura and in the search operation nothing illegal was recovered according to the police's own version. They seized identity card forms (which are issued to all the members of the BPHRO), donors' registrar book, membership fee book and other organisational document.

They also took the computer belonging to Mohan Debbarma (General Secretary of BPHRO) which was being used for the office of the organization as they do not have any computer of their own.

Hebal Koloy has been an active member of the human rights fraternity in Northeast India . He has presented cases of human rights violations against the indigenous peoples of Tripura at the 22nd session of the UN Working Group on Indigenous Populations in 2003 and has also ceaselessly appealed for justice and transparency in Northeast India. We are convinced that his detention is meant to silence the voice of oppressed indigenous people of Tripura and is part of a larger campaign waged by the state to malign and obstruct people's movements working for justice and dignity of indigenous peoples. We are also convinced that as long as he is police custody he is danger of losing his life. Such events are not uncommon in Northeast India's gloomy world of human rights violations and complicity of the organs of the state in these violations.


Yours truly,

Arup Jyoti Das

On behalf of North East Peoples' Initiative (NEPI)

4, Dwaraka Path, Oil Pipe Line
Hatigaon Road, Dispur
Guwahati-781006

Ph: 0361-2222019 (o), 098641-39312 (m)

E-mail: nepinitiatives@gmail.com


Official brief on the Arrest of Mr. Hebal Koloy , Oct 29, (PTI)

Human rights activist arrested for involvement in ambush

Agartala, Oct 29: Prominent human rights activist Hebal Abel Koloy has been arrested for alleged involvement in an ambush on Tripura State Rifles personnel at Sindhukumarapara in Dhalai district, police said today.

Officials said they had definite proof about the involvement of Koloy, the principal of a school, in insurgency and this would be placed before court in course of time.

Police detained Koloy, chairman of the Borok People's Human Rights Organisation, last Thursday from near his school, Khwumpui Academy, at Khwumulung, 30 km from here. He was taken to Dhalai district for interrogation in connection with the ambush carried out by militants on Thursday.

He was arrested yesterday and later produced before the Kamalpur SDJM's court, which remanded him to police custody for three days.

Police said Koloy met some insurgents in Dhalai district on October 22 and allegedly hatched the plan for the ambush on TSR personnel, who were assigned to protect employees of the North Eastern Frontier Railway laying railway tracks to connect Agaala with the rest of the country.

Koloy visited different places in Southeast Asia in his capacity as a rights activist and met different anti-India agencies for collection of funds, they alleged.

Related reference on the web

Experiences on Autonomy in East and North East:

A Report on the Third Civil Society Dialogue on Human Rights and Peace

By Sanjoy Borbara, Kolkata- 2003

Community radio doesn’t cause wars, it brings positive change

We have about 30 here,” said my Ugandan friend, when asked about fm radio stations in and around Uganda’s capital Kampala. Nepal has shamed the “world’s largest democracy” many years ago.

And we’re not talking of just multi-million rupee licences for commercial fm. Apart from the sarkari airwaves, and the commercial ones, India has just forgotten to open up its airwaves to its own citizens, volunteer networks and the not-for- profit sector (not just ngos alone). Paranoid politicians, overcautious officials, and ad-obsessed broadcasters, have worked to make this happen. Campus radio is no substitute for genuine community radio.

Conflict-prone Africa, Latin America and parts of Asia too have outdone us. In 1995, the Supreme Court was clear in telling the authorities that the “airwaves are public property”. Yet, every stalling trick has been deployed to delay. Will the government be different now? Now, though, we have talk of new community radio-friendly policies from the gom, Cabinet approval and what-have-you. But till we hear the broadcasts, let’s just keep our fingers crossed, shall we?

Half a decade ago, a disparate group that saw potential in community radio joined a unesco workshop held at Hyderabad. To build some continuity, an electronic mailing list called cr-India was set up. Since then, over 300-plus citizens have tried every trick to convince the authorities why this is a good idea. So, whose interest does it serve to keep Indian talent on a tight leash, even while blocking the huge potential for communication?

Academics agree with it. There is clear evidence that community radio works elsewhere. We have more than sufficient skills across India. Just take a look at radiophony.com that tells you how to build a low-powered transmitter for a few hundred rupees.

We’ve seen groups in Bhuj and Bihar struggle with leasing time on the air network. We’ve seen youngsters from Haryana create transmitters for Rs 11,000. And we’ve seen an innovative Raghav Mahto run an unlicenced fm radio station in a way that makes it relevant to the locality and enables him to earn a few rupees for a cancer-stricken dad.

So what are we waiting for? But then, India’s irrational fears about unleashing the power of communication, in a way that could really make a difference to the information-starved, is keeping our potential blocked. Thanks to technology, and today’s unprecedented pace for the spread of ideas, you don’t need an army of bureaucrats or a few million rupees to communicate via the airwaves anymore. What’s more, the radio could be the most appropriate in a country with poor power in vast rural stretches.

But irrational fears are just that. Irrational, and hard to get rid of. We have a (relatively) free press; and the country hasn’t fallen apart. Radio doesn’t cause wars or the breakdown of law and order. Rather than war-war, it allows for jaw-jaw. We need discussions that could resolve conflict and act as an early warning system. Those not in line with the law will do so, whether you offer them licences or not. So, whom are we penalising?

We need radio to warn the citizen of disaster, to inform them of how to bring positive change in their lives, and even to keep alive the varied cultures which get trampled upon by our centralised models.

Tomas Koshy — discussing via the communityradio@writeshop.org it network — tells a recent story of what happened when he spoke to 150 women in Champaran. Three read newspapers. Four watched TV. And almost everyone listened to radio. So should they be force-fed the official version, when technology allows for thousands of community-run radios, reflecting the needs of India? Rather than fearing what happens when the poor get access to information, we owe it to them to just unshackle the medium. This is not middle-class burden; even “illiterate” millions are educated enough to make use of this medium. Are we enlightened enough to stop fighting possibilities with paranoia and artificial blocks in the law?

Action can always be taken against those violating the law; should we presume malafides by default? Time lost, as a decision gets delayed, is something the country could never ever recoup. So why not just free the airwaves for the citizen too? Till then, India will just have to wait for its real communications revolution.

Frederick Noronha, Tehelka.COM, Nov 5 -11 , 2006

Noronha is a Goa-based journalist

By Ravikiran Shinde

31 October, 2006,Countercurrents.org

To,
Rajdeep Sardesai,
Editor-in-Chief,
CNN-IBN and IBN 7

Dear Rajdeep,

Do not get surprised by this open letter written by one of your million viewers. Yes, I know it is established Journalists like you who normally write open letters to celebrities. But then two gigantic and yet contrasting incidents that took place in last few weeks made me go for this exercise. I chose you since you are the latest and perhaps youngest of the Media tycoons. But then, this letter equally applies to others in the same business.

1. 2 Oct 2006: The Golden Jubilee of conversion to Buddhism at Nagpur.

2. 29 Sep 2006: The gruesome rape and killing of four Dalits in Bhandara, Maharashtra.

Both events that took place in Vidharbha, Maharashtra were very critical to the entire Dalit-Buddhist movement in India. While the former was a cause of major celebrations for Dalits and Buddhists, the latter was a terrible shock to them. However, they both exposed the grossly biased "Global Age" News medium like yours. Here is how.

1. Ignoring the DhammaChakra

Every year Dalits and Buddhists gather at Nagpur to remember 14th Oct 1956. They number anywhere from 800,000 to 10,00,000. According to solar calendar, this is the day when Dr Ambedkar led the biggest conversion sans bloodshed or allurement in the history of the world. On that day alone, around 500,000 Dalits had converted to Buddhism leaving behind the cobwebs of caste ridden Hindu society.

But this year, an estimated 2 Million, yes, a whopping 20, 00,000 people gathered from across the world to mark the 50th year of Dhamma Chakra Pravartan din on 2nd October! According to local reports, some 200,000 Buddhist Bhikkhus (Monks) wearing saffron clothes, forming a 6 Km long chain took the procession turning the entire orange city into saffron and blue. The Celebrations lasted for more than a week.

Now, for an Indian media- that is always looking for something sensational- that's a huge gathering, isn't it? And how many white collar Journalists holding Handy Cams from the leading electronic media turn up, including your own? None! Reason? Ignorance? No.It is what I call an absolute boycott!

Like the Upper caste villagers boycott Dalits in Villages, their caste Hindu counterparts in the media boycott almost everything that is related to Dalits. Otherwise, which news channel in the world would ignore such a huge gathering, repeatedly? Annual gathering of around a million people on 6th December at Chaityabhoomi, Mumbai - where Dr Ambedkar's last rights were performed - is also never reported. Since the people who gather at these two places are Dalits, Adivasis and Buddhists, they get blocked. But a Hindu festivals like Ganesh festival or Kumbh Mela gets not only full coverage by the Media but discussions and special features running for hours. As I write, your website www.ibnlive.com opens with a Happy Diwali page.

2. Ghatkopar, Seoni, Jajjhar, Kherlanji..the shame continues!

On Sep 29, in one of the most gruesome and dreadful incidents of Dalit atrocities, Bhaiyyalal Bhootmange, a Dalit-Buddhist farmer in Kherlanji (Bhandara, Maharashtra) witnessed his wife Surekha (44), daughter Priyanka (18), sons, Roshan, 23, and Sudhir, 21 being killed by the Landlords in front of the villagers. Worst, the mother and daughter were first paraded naked; gang raped, and then sticks were pushed into their private parts. The sons were stabbed repeatedly and their private parts mutilated. And what was their fault? Surekha had dared to fight for getting back a portion of their farm, which was grabbed by the landlords.

The local police and doctors completely covered up this incident but the Ambedkarites made sure the news of this cruelty spread like wild fire amid the Golden Jubilee celebrations. DNA (Daily News and Analysis) was the only English daily that published this news and that too after 18 days! Seeing the hue and cry, not among media but the people, some VIP politicians including Dy. CM R.R. Patil visited this place after weeks and made some arrest drama and suspension of local police officers. But knowing the history of the Maharashtra government's handling of Ramabai Case (Killing of 10 Dalits by Police in Mumbai in 1997), I do not believe the culprits will be brought to book.

Just see the scale of atrocities against Dalits. India's National Crime Records Bureau working under the jurisdiction of Ministry of Home affairs has reported that in the year 2005 alone, 26,127 crimes were committed against SC/ST's including 1172 rape against Dalit women and 669 cases of Murder (Reference: http://ncrb.nic.in). To summarise, every day, while three Dalit women are raped and two Dalits are murdered, two Dalit homes get torched. If you add to this the thousands of unreported cases, the picture is abysmally inconceivable!

And how does the News media, including your own medium, react to the above facts and figures? While a soft atrocity news like "Dalit Entry banned in Hindu Temples" gets a little space once in a while, graver issues like daily rape and massacre of Dalits constituting about 1/4th of India's population are literally ignored. As if this section of population means nothing to you. Why no news channel, ever holds any discussions on "How to stop atrocities on Dalits"? If this is not Media's discrimination based on caste, what else it is? You, the news medium, is as responsible for these inhuman crimes as the Kheranjali oppressors by just being selective and dishonest.

Such is the intensity of this inhuman caste-killing in Bhandara that the world media took the cognizance of it. Some western Human Rights based organizations like ACJP (Ambedkar Center for Justice and Peace) who take up atrocity cases in India are going to publish a detailed report on this case soon. And your continued blockage of such incidents will not only expose your bias but also raise question on your ethics and compatibility.

What a Shame, Rajdeep! Having shown a balanced opinion on the OBC quota issue by highlighting the pro-reservation side too, you had us believe that you were going to be a moral and diversified media face. But now it is clearer that such tactics were aimed at merely adding some extra spice for your politics loving class. I had always believed in power of the Media but I am realizing now that if it is run by an upper caste establishment then it is not more than a 'Money-Machine'. And this is where the now famous proverbial label "Manuwadi" fits best.

If you feel you have been at fault, then better be late than never. Cover the Kherlanji case and its legal proceedings. Awake the people on the gruesome caste realities in India. Telecast a half and hour program dedicated specially to Dalit atrocities every week. Send your stylist English speaking field reporters to the remotest part where Dalits are suffering and order them to cover unbiased news and help the due process of Justice. Will you?

Remember Media is one of strongest pillars of democracy. Strengthen it.

Only then you would be doing your true duty! And then Dalits would forgive you, since they believe in Buddha's teaching of forgiveness.

There is still time, Rajdeep!

With Metta Bhavana (Loving Kindness),

Ravikiran Shinde

Sandeep Pandey

THE TIMES OF INDIA, 28 Oct, 2006

Human beings differ from preceding stages and beings in at least two basic ways. They have a capacity to imagine, and are endowed with freedom of action. Pre-human stages of matter and life have a deterministic existence. Matter follows definite physical and chemical laws.

The seeds of vegetation and genes of animals quite conclusively determine how that particular species would play its role in nature. But, with humans, we cannot predict their behaviour with the same certainty as we can for plants and animals: We are more free to determine our actions. In that crucial difference lies the possibility of creation or destruction.

Human beings are the only creatures who have to consciously learn to live in harmony with nature. No other species of plants or animals needs to do this. At best, they need to pick up life-saving skills, which they do in the natural course of growing up. The know-ledge-seeking exercise is unique to human beings.

The purpose of this exercise is to bring about a harmony within and without — inside an individual and with other individuals, within a family and with society, and within human society and with the rest of nature.

There is no consensus yet on the nature of knowledge that would enable us to strike the best possible balance within and without. Spiritualism and materialism, as two distinct streams of thought, have guided human action so far, but both have failed in terms of providing a comprehensive guide to betterment of the human condition.

Some tried to combine the two but achieved little success. Now, we have more strife than harmony in human life. Although we are just one species, our lack of wisdom has made us divide ourselves on the basis of race, gender, culture, class, nation, religion and caste. This artificial division is the basis of all strife and human rights violations.

But in spite of our best efforts to exaggerate external differences to differentiate one human being from the other, some basic features unite us. We are one in recognising basic human values, like trust and love, which form the foundation of a happy human society. The basic philosophy of most religions is quite similar. Only rituals make them appear more different than they actually are.

Is it surprising that all around the globe, there is a consensus on the basic structure of a family, the most crucial element forming the emotional bedrock of our lives, and that we honour similar values across nations, race, culture and region? This happened without any government edict or law.

Human rights is an important area of emerging consensus. Despite the various forms of governments that rule us, we are agreed on the nature of freedom that every human being should enjoy. This is manifested in international treaties on the rights of marginalised communities and expression of commitment by various governments to honour these.

In this sense we have begun to evolve into a global community. The future will see weaken-ing of national identities and strengthening of a single identity, that of a global citizen, not merely in the context of globalised economy, but other more basic ways relating to celebration of human life and liberty.

That people around the world believe in values of truth and non-violence is evident in the manner in which they turned out in large numbers on the streets to oppose the US aggression in Afghanistan and Iraq. Some of the biggest protests were held inside the US. No single organisation or government was coordinating these protests.

People joined them following the dictates of their conscience. Similarly, we are witnessing an emerging alliance of people and people's movements around the world against the anti-people policies of the governments, international monetary agencies and multinational corporations working with the sole motive of profit-making.

Such global protests are a recent phenomenon. People across nations feel united to uphold some higher values of life which need to be preserved against the attack of market forces and governments.

People are coming together to fight for freedom from market exploitation, freedom from war and conflicts, gender justice, abolition of all forms of slavery and discrimination, upholding of human rights of minorities and indigenous people and state terrorism in the name of war against terror. The dream of another world might not be all that utopian after all.

The writer is a Magsaysay award winner