Saturday, May 30, 2009

Local is true universal

Zebra based in Graz of Austria organized a series of seminar on 22 anniversaries of Zebra. Dr. Lenin participated on 29 May 2009 .See link:

Speech and presentations follow:

Local is true universal
Local thinking, local-global action
Lenin Raghuvanshi, Convenor, PVCHR

I am highly obliged to ZEBRA for providing me this valuable opportunity. Here I would like to discuss how local thinking can be transformed into global. Local is true universal. This means local people are inevitable part of globe, which requires local-global action base on local thinking for the survival of people with dignity.
In this regard I would like to draw your kind attention on participation and empowerment of marginalized communities of Damahi village of India, in their hunger situation. This village is very near to the village Dabahi of Aharoura, related with small dalit girl PINKI, whose film “Smile Pinki” has won Oscar Award for best documentary film for this year. Initially this marginalized community was reluctant and afraid to explain their situation before anybody, but when they were encouraged and mobilized to explain their situation, they came forward and talked about their hunger situation before human rights activists. Thus they uncensored themselves against the fear created by patriarchal-feudal system and feudal forces. The human rights activists highlighted the issues regarding hunger situation, bonded labor practices, absolute crisis of rule of law, corruption in PDS, torture of marginalized community and class by the local police in the name of Naxalism. On the basis of these facts Hong Kong based regional Human Rights group Asian Human Right Commission (AHRC) issued urgent and hunger appeals and Peoples’ Vigilance Committee on Human Rights (PVCHR) filed petitions to the Chief Secretary UP, District Magistrate Mirzapur, National Human Right Commission, Supreme Court Commissioner on Right to Food. Further the AHRC raised the issue before UN, international and national human rights institutions. NHRC send notice to the Chief Secretary UP, District Magistrate Mirzapur. Thus voice of these marginalized people had been amplified. Apart from this print and electronic media have played important role in highlighting the situation. The impacts of this amplification are as follows:

• Many official teams visited the locality and under emergency action food grains had been distributed among starving families.
• With immediate effect four hand-pumps have been bored for potable water.
• 53 families got Antyodaya Ann Yojana AAY (red ration card) as urgent.
• Irregularities in distribution of ration at PDS have been rooted out.
• 54 job cards under National Rural Employment Guarantee Act (NREGA) have been issued to the community people.
• One bigha (2/3 acre) land has been allotted to each mushar family for agriculture.
Thus administration has been awakening due to local-global action and every musher family of Damahi has got basic amenities and other facilities from the government. It means if we want social transformation, local thinking must be included which support the opinion “Local thinking, local-global action.”
It is very important to understand the phenomena of local-global action on the local thinking. There is a gap in the policies and its implementation at grass root level. This gap can only be identified while working at grassroots and realizing through “participatory evaluation process”. This requires organizing campaign and awareness programme with the aim of inculcating such values and imparting such knowledge which go into making a human being more humane and awake to the task of creation a world, where all beings co-exist peacefully. For this local to global campaign is followed at three levels. Firstly, at gross-root level, it can be campaigns to change people’s perception and local norms. It does not only mean work to get policies into placed, but also monitoring policies and pressuring them to be enact as well as work to ensure that the intended beneficiaries are aware of policies and have a sense of ownership for them. Secondly, at national level, it might be government’s regulations legislation or industrial/development policies which are anti-people that are challenged and, thirdly, at international level, to influence international institution, this in turn will put pressure on the national government for appropriate action on issues.
Since justice requires un-censorship and breaking silence and the demoralized communities confine themselves within some unwritten law and they have no courage to break this law to un-censor themselves, so the foremost thing is to encourage the people to break their silence and un-censor themselves to speak about their sufferings and pain. This requires:
• The location from where the rules of censorship can be broken.
• The will to break such rules of censorship.
• Creation of audience for hearing.
• Continue the process until the problem is fully dissolved.

The PVCHR is striving to comply with above requirements through testimonial process, honor ceremony, folk school, peoples’ tribunal, demonstration, protest and local meetings. The community people share their problem at this platform and enrich with confidence to continue their struggle. Their problems are being discussed at peoples’ resistance platform and it can be published at local level through print and electronic media, leaflets and peoples’ centric advocacy is done before appropriate authority. Modern technology of internet is used to give the voice for the pain and suffering of the most vulnerable section of the society. A network is created through web to create a mass campaign on these problematic issues. Thus the voice of the community is amplified and it reaches to the government and administration. Now the government and administration cannot ignore the problems of the community. However for sustaining it individual alone are not sufficient. PVCHR itself may be an extension of its leader, providing him/her the necessary organization supports in order to mobilize people into movement around the campaign’s issue which is critical for greater impact at the national and grass-root level.

PVCHR is fighting back the caste system of India through participatory activism in philosophy of “local thinking and local-global action”. Now Dalit is un-censoring themselves and claiming their own rights in sustained way, Fighting Dalit associated with PVCHR asking,
”We ask, "Is the earth alone?" Don't you have to go to the earthworm,
busy making earth fertile, and ask before taking any important decision!
Who knows if the ants are more concerned about the earth’s future than you?
I am worth an earthworm. For you I am only an ant to be crushed.
My human rights puny before your demon rights
We may be insignificant come on.
yet our claim over the earth is no way less than yours.”

In last I would like to conclude by saying that any process should be taken after taking into account the peoples’ emancipation and empowerment. For this, people should be involved in decision making, implementation and ownership, which inculcates the participatory activism. However there is the possibility that people may give unsystematic and un-concentrated idea. After scientific analysis and validation base on values of justice, equity and non-violence, systematic and concentrated idea will be generated and this idea should certainly be the peoples’ idea for dissolution of centralized structure in favour of control system of small communities solving local problems with their own material and intellectual resources.

Speech at Graz

Presentation on caste sytem:
Caste System

Presentation on strategies and tactics of PVCHR:

PVCHR: tactics and strategy

Tuesday, May 26, 2009

Punitive action against officials in case of malnutrition deaths of weavers in Varanasi

Hindi news paper published follows:

Punitive action taken against CDPO, BDO and ICDS supervisor in the case of death of one child in Dhannipur due to malnutrition happened last year in the month of June. The punitive action taken on the report submitted by the investigation team of three including chief Medical officer.

Last year two year old minority girl died due to malnutrition. After her death district administrative became active and start survey. In the report 106 child were identified with the symptoms of malnutrition and in which 65 children were under grade IV means no nutritious diet can be given without the advice of doctor. The remaining children may accomplish in grade III and their situation might be stable with the nutritious diet.

The commissioner gave instruction to the Chief Medical Officer District Development officer and District statistics and number officer for the detail investigation and the submission of report. Report was submitted few days before.

The Commissioner Mr. Suresh Chandra ordered to Chief Development officer to take action against the officer who is involved in the negligence of the malnourished child death.

In the report CDPO, BDO and ICDS supervisor were found alleged in the negligence of malnourished child.

Punitive action against Malnutrition deaths

PVCHR fought and helped in this case with support of AHRC,Hong Kong and Ms. Parul Sharma,Sweden.See some link:§ionid=21,prtpage-1.cms

Monday, May 25, 2009

Release of Dr. Binayak Sen

Just writing to send out the news that Dr. Binayak Sen has been granted bail by the Supreme Court, today the 25th May 2009 (after two years of his arrest on 14th May 2007). It is a great victory to justice, and all those who fought for it!!! Kudos to all the silent warriors who made this possible.
Dr. Lenin and Shruti

My final words of advice to you are educate, agitate and organize; have faith in yourself. With justice on our side I do not see how we can loose our battle.. The battle to me is a matter of joy. The battle is in the fullest sense spiritual. There is nothing material or social in it. For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality….
Dr. B.R.Ambedkar
"If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality." (Desmond Tutu)

Wednesday, May 20, 2009

Open letter to National Human Rights Commission (NHRC),India about case of bonded labour

National Human Rights Commission
New Delhi

I receive information through Hindustan Times daily English newspaper dated 20th May, 09 regarding the proceeding steps taken by the NHRC towards the justice for bonded labour. Being as a member of District Vigilance Committee on Bonded Labour I am heartily thankful.
NHRC summons DM

Mr. Siddiquilla, his son Mr. Amirulla and his grandson worked as bonded labour nearly for 15 years in weaving industries at Altafurrahman resident of A-26/2 Hasanpura, under jurisdiction Adampur of Varanasi District On 23-11-2008 they receive the release certificate. Altafurrahman has threatened to ruin their house and make his family helpless. Due to fear, phobia, panic attack and nightmares both of them start living banished life.
Thanks to Dr. Inger Agger and Danish organization Rehabilitation and Research Center for torture (RCT) for introducing Testimonial therapy in India Parul Sharma of Sweden for the support in medicine and food. We took the testimony of Mr. Amirullah and provide psychological support to him and through it they eliminate their fear and phobia. Their fragmented story changed into consolidate story which convince district administration to grant the release certificates to Mr. Siddiquilla and Mr. Amirullah but on 8th February, 09 at early morning Mr. Siddiquilla died in a very nastiest condition. He got fracture in his leg and his family was unable to born his treatment expense. After receiving release certificate from ADM (Administration) Varanasi he took a long breath of relief and state “I will not die as a bonded labour”.
After eight year continuous struggle they receive release certificate and still Mr. Siddiquilla grandson does not receive release certificate. They are living in a rented house; they did not attain any welfare scheme run by the Government of India. It is totally impunity enjoyed by the owner Mr. Altafurrahman and district Administration.
Justice Delay is Justice denied. Please see the testimony of Mr. Amirullah in this context please take appropriate action against the owner and district administration.
Again my special thanks to NHRC, Dr. Inger Agger,Ms. Parul Sharma and RCT.

With Kind Regards,

Tuesday, May 19, 2009

Indian human rights activists call for the release of Aung San Suu Kyi

Indian human rights activists call for the release of Aung San Suu Kyi
Nirmala Carvalho
The second day of the trial of Myanmar’s main opposition leader ended today as appeals for her release multiply. Christian activist raises the “moral question” of governments who promote democracy on one hand and sign deals with the Burmese junta on the other. ASEAN says it is “concerned” for the fate of the prisoners but excludes sanctions as a response.

New Delhi (AsiaNews) – Human rights activists, Nobel Prize winners and Indian religious leaders are appealing to the international community for the release of Aung San Suu Kyi. Myanmar’s main opposition leader was arrested by the country’s ruling military junta for breaking the terms of her house arrest. Today is the second day of her trial, which is being held in Yangon under tight security. The third session is scheduled for tomorrow.
In a public statement the leaders of ASEAN nations said that they were “very concerned” about Ms Suu Kyi’s fate, but excluded imposing any economic sanctions against the junta.

For Lenin Raghuvanshi, an Indian activist and director of the People’s Vigilance Committee on Human Rights, Ms Suu Kyi’s arrest “will have very serious repercussions for the democracy movement in Myanmar” and is a “blatant violation” of human rights.

He urges “India, China and other neighbours of Burma to oppose the military dictatorship and support the non-violent struggle for democracy. [. . .] It is essential for the region,” he added, “to eliminate the atmosphere of terror perpetrated by the military. [. . .] It is a moral issue for Burma’s big trading neighbours who on the one hand support, tacitly or otherwise, the military regime inside Burma, while on the other oppose terrorism.”

A past Gwangju Prize for Human Rights winner, Mr Raghuvanshi noted that the 2009 prize laureate is a Burmese dissident, Min Ko Naing, who got the award for his “struggle for democracy in Myanmar.”

“It is my hope,” he said, that “she and the other 2,100 political prisoners in Myanmar prisons be freed soon.”

Sajan George, chairman of the Global Council of Indian Christians (GCIC), appealed to the Indian government to “condemn the arrest of Aung San Suu Kyi” and call for her “immediate release.”

The Christian activist dismissed the pretext invoked to arrest her as “an exercise in opportunism”. He expressed his wholehearted hope that she might celebrate her birthday on 19 June as a “free citizen of Myanmar”. For this to happen the “Indian government and the international community” must put pressure on the junta.

India, China and other regional powers have developed close trading relations with Myanmar with little or no regard for the junta’s violations of human rights or repression against its own people, many of whom are increasingly going hungry.

Father Anthony, a Jesuit priest in Madurai (Tamil Nadu), was born and lived for ten years in the former Burma.

In his opinion the arrest is designed to reinforce the idea that the military junta has an absolute power over the population, that it can use the iron fist, that people can be arrested arbitrarily, jailed and tortured. In Myanmar he said there is no “freedom of movement and “torture of dissidents and political opponents is commonplace.”

The Jesuits priest said he was afraid that “Aung San Suu Kyi will never be release” until “she is dead or world powers exert such pressure on the junta that they have to free her.”

Members of ASEAN, the Association of South-East Asian Nations, released an official statement on Aung San Suu Kyi’s arrest.

They said they were “seriously concerned” about the situation and demanded she receive adequate medical care, otherwise the “honour and credibility” of the Myanmar government will be at stake.

Thailand, which currently chairs ASEAN, has excluded sanctions against the military regime.

Led by the European Union the international community has called on Myanmar’s largest trading partner China to intervene to have Suu Kyi freed.

But very few people expect Beijing to do anything but uphold its long-standing position that it does not interfere in the internal affairs of other countries.

Yesterday nine Nobel Prize winners, including South Africa’s Archbishop Desmond Tutu, Iran’s Shirin Ebadi and Guatemala’s Rigoberta Menchu Tum, called the trial of Burma’s foremost dissident a “farce”; they also urged the United Nations Secretary General Ban Ki-moon to bring the matter before the Security Council “as soon as possible.”

Monday, May 18, 2009

ज्ञानेन्द्रपति की एक कविता

ज्ञानेन्द्रपति की एक कविता

बीज व्यथा

वे बीज

जो बखारी में बन्द

कुठलों में सहेजे

हण्डियों में जुगोए

दिनोंदिन सूखते देखते थे मेघ-स्वप्न

चिलकती दुपहरिया में

उठँगी देह की मुं‍दी आँखों से

उनींदे गेह के अनमुँद गोखों से


खेतों में पीली तितलियों की तरह मँडराते थे

वे बीज– अनन्य अन्नों के एकल बीज

अनादि जीवन-परम्परा के अन्तिम वंशज

भारतभूमि के अन्नमय कोश के मधुमय प्राण

तितलियों की तरह ही मार दिये गये

मरी पूरबी तितलियों की तरह ही

नायाब नमूनों की तरह जतन से सँजो रखे गये हैं वे

वहाँ– सुदूर पच्छिम के जीन-बैंक में

बीज-संग्रहालय में

सुदूर पच्छिम जो उतना दूर भी नहीं है

बस उतना ही जितना निवाले से मुँह

सुदूर पच्छिम जो पुरातन मायावी स्वर्ग का है अधुनातन प्रतिरूप

नन्दनवन अनिन्द्य

जहाँ से निकलकर

आते हैं वे पुष्ट-दुष्ट संकर बीज

भारत के खेतों पर छा जाने

दुबले एकल भारतीय बीजों को बहियाकर

आते हैं वे आक्रान्ता बीज टिड्डी दलों की तरह छाते आकाश

भूमि को अँधारते

यहाँ की मिट्टी में जड़ें जमाने


रासायनिक खादों और कीटनाशकों के जहरीले संयंत्रों की

आयातित तकनीक आती है पीछे-पीछे

तुम्हारा घर उजाड़कर अपना घर भरनेवाली आयातित तकनीक

यहाँ के अन्न-जल में जहर भरनेवाली

जहर भरनेवाली शिशुमुख से लगी माँ की छाती के अमृतोपम दूध तक

क़हर ढानेवाली बग़ैर कुहराम

वे बीज

भारतभूमि के अद्भुत जीवन-स्फुलिंग

अन्नात्मा अनन्य

जो यहाँ बस बहुत बूढ़े किसानों की स्मृति में ही बचे हुए हैं

दिनोदिन धुँधलाते– दूर से दूरतर

खोए जाते निर्जल अतीत में

जाते-जाते हमें सजल आँखों से देखते हैं

कि हों हमारी भी आँखें सजल

कि उन्हें बस अँजुरी-भर ही जल चाहिए था जीते जी सिंचन के लिए

और अब तर्पण के लिए

बस अँजुरी-भर ही जल

वे नहीं हैं आधुनिक पुष्ट-दुष्ट संकर बीज–

क्रीम-पाउडर की तरह देह में रासायनिक खाद-कीटनाशक मले

बड़े-बड़े बाँधों के डुबाँव जल के बाथ-टब में नहाते लहलहे ।


( काव्य संग्रह ‘संशयात्मा‘ से साभार )

Shri Gyanendrapati is one of the founder and Chair of PVCHR

Tuesday, May 12, 2009

A child suffering with malnutrition and great support of swedish donor

Dr. Lenin giving the support to father of Kajal

Kajal,a malnutrition suffering child(3rd grade,4 years and weight 8.5 KG)at Pt.Deen Dayal Upadhayay Hospital,Varanasi,India

PVCHR supported three thousands rupees to her family from the emergency fund established by Ms.Parul Sahrma,Sweden with support of 200 swedish donors.

It is noted that due to recession, her father suffered with financial crisis.
There is non performance by ICDS and ANM in this case. But what is the steps taken by Government and administration?

News published in Hindustan Hindi daily:
Manutrition of a child in Varanasi

Sunday, May 10, 2009

A step forward against torture

It's good that after 11 years of dithering the government has actually drafted the Prevention of Torture Bill, 2008. It's taken all this time since India signed the United Nations Convention against Torture and Cruel, Inhuman and Degrading Punishment. The draft bill prescribes a maximum punishment of 10 years to police and other government servants responsible for causing grievous hurt or danger to the life, limb or health of any person. The proposed legislation is quite wide in its scope, covering torture on the grounds of race, religion, place of birth, residence, language, caste and community. Public servants torturing anybody for extracting information or extra-judicial confession will be punishable under the proposed legislation. Inflicting mental torture would also become punishable.

The draft meets internationally recognised standards of human rights and civilised jurisprudence, but requires really independent panels committed to investigating complaints with a great deal of rigour, as custodial torture situations rarely have independent eyewitnesses. Moreover, state agents are smart enough to tamper with procedure and record through skilful means, for instance by wrongly entering the date, time and place of arrest.

Not only this, the Prevention of Torture Bill, 2008, which the Government has drafted also includes torture by Government servants, including police officials, within the ambit of punishable offences.
Under the proposed law, public servants and others responsible for causing grievous hurt or danger to life, limb or health of any person would be liable for being punished for torture. Incidentally, the draft legislation also makes inflicting mental torture a punishable offence.

Public servants torturing anybody for the purpose of extracting information or extra-judicial confession from any accused would also attract penal action under the proposed law.
Torturing anybody on the ground of his race, religion, place of birth, residence, language, caste and community would also be a punishable offence.
"We are hoping to give the necessary notice to the Lok Sabha Secretariat about our intention to introduce the Bill in the ongoing Session itself. After that, it would a matter of timing before the law becomes a reality," said a senior functionary associated with the entire process.
India signed the Convention in October 1997, but has not ratified the same despite repeated calls by human rights organisations and NGOs. Ratification is necessary for appropriate changes to be made in the prevailing laws. Once ratified and a new law is in place, it would enable institutions and authorities to be committed and be accountable to tackle instances of widespread torture, especially in police custody.
It would also make it mandatory for the Government of India to submit regular reports to the UN on measures it has taken to implement the convention. The convention also says that persons accused of torture would have to be extradited if an extradition treaty has been signed by member countries.
"We will also set up independent panels to deal with complaints of torture, both at the central level as well as the state level. All complaints in torture matters would automatically be forwarded to these panels," said the officer.

PVCHR in the collaboration of Danish organization RCT launched the initiative for psychological well-being of survivors of torture and organized violence. It is noted that we called the Government to accept the psychological torture as crime against humanity also.

Please the other related link also:

Saturday, May 09, 2009

Last Quarter report of pilot project on testimony therapy

Last Quarter report of pilot project on testimony therapy of RCT( and PVCHR( see:

Last Quarter report of pilot project on testimony therapy

Lobbying on Police reform

Dr. Lenin and Ms. Shruti from PVCHR met with Mr. Rahul Gandhi, Member of Parliament and Natioanal General Secretary,Congress(I) at 10 Janpath,New Delhi on 18 February 2009 and gave follow letter enclosing with the Manual on testimony therapy by PVCHR and Danish organization RCT( and the article in relation to reform in Police System.Congress Party mentioned the agenda of police reform in its election manifesto and it was also send to the various political parties

Shri Rahul Gandhi Ji
MP and General Secretary (Congress)
New Delhi

Subject: in relation to reform in Police System


We would feel highly obliged to you if you kindly allow me to draw your attention on the necessity of police reform so that the objective of welfare state of India may be fulfilled up to maximum extent. The police does not have right to take the life of any person. If by his act, the policeman kills a person, he commits an offence of culpable homicide or culpable homicide amounting to murder unless such killing is not an offence under the law. Under the criminal law prevailing in India, nothing is an offence which is done in exercise of right of private defence (section 96-106 of Indian Penal Code). But the right given under these sections of Indian Penal Code is not absolute right and they can be exercised under the restriction given in section 99 and 104 of same Act.

Section 46 of criminal procedure code empowers the police officer to use reasonable force, even extending up to causing death, if found necessary to arrest the person accused of an offence punishable with death or imprisonment of life. Thus, it is evident that death caused in an encounter, if not justify, would amount to an offence of culpable homicide.

So causing death of any person without reasons can not be justified. India is a welfare state and our constitution provides right to life and personal liberty. It includes living with human dignity. It is the duty of state to ensure the fundamental rights for every person.

However the torture of police has been increasing very rapidly from the last decade. The police encounter, custodial death, custodial rape, and the atrocities of police are day to day news. To reduce these events the Janta Party Government set up Soli Sorabji Panel, but before submission of the report the government fell down and the report had not been enforced and the arbitrariness of police had been promoted in every state. Recently Times of India news paper published that largest number of custodial death was registered in UP.
On 22nd September, 2006 the Supreme Court of India in case of Prakash Singh vs Union of India in its historical decision ordered wide reformation in police organization. Due to its impact the police organization would be able to work without political influential and adequate reformation can be made in law and order. It would help in reducing atrocities. Faced with Supreme Court directives to implement the much delayed police reforms, union government has set in motion the process to bring a new police act, incorporating the suggestion of the Soli Sorabji Panel. The report has called for drastic changes in the 145 year old police act to introduce fixed two year tenure for police officers down the line from DGP to SHO, as well as separation of maintenance of law and order from crime investigation, duties.

Police law is continuing from the period of British which is based on police regulation Act, 1861. The object of police administration was to quash the Indian before independence and to maintain the English rule, but today the police administration is the part of India as a welfare state. So there is need to do basic change in Indian police system. The 'police' are the subject comes under state list of seventh schedule. Its provision is given in art. 245. So it is the subject of state and it is the responsibility of state to reform the police system. Following are the main points under police reformation:
o The main objects of these reformations are to establish the accountability and sensitivity of police towards people which should be conducted through rule of law.
o The second object of these reformations is to fix the tenure of police officers. Their tenure is fixed for two year.
o The selection procedure of DGP should be transparent and recommendation of their promotion should be made by Board of Public Services Commission (BPSC).
o The State Government has been ordered to establish a state security commission, so that the State Government may not pressurize the police. This commission will ensure that the police will work according to constitution and law of country.
o There shall be a Police Establishment Board in each state which shall decide all transfers, positions, promotions and other services related matters of officers of and below the rank of Dy. S.P. The State Government may interfere with the decision of the Board in exceptional cases, only after recording its reasons for doing so.
o There shall be Police Complaint Authority at district level to look into the complaints against police officer of and up to the rank of Dy.S.P. Similarly there should be another Police Complaints Authority at the state level to look into complaints against officers of the rank of S.P. and above. The district level authority may be headed by retired district judge and the state level authority is headed by retired judge of High Court.
o The National Government shall also set up a national level commission at the union level to prepare a panel for being placed before the appropriate appointing authority for selection and placement of chief of central police organization, who should be given a minimum tenure of two years.

As per the amendment made in criminal procedure code, section 176 makes the provision that if any dies or disappear or rape is alleged to have been committed on any women, when such person or women is in the custody of police or in any other custody authorized by magistrate or court under this code in addition to the inquiry or investigation held by police , any inquiry shall be held by Judicial Magistrate or Metropolitan Magistrate as the case may be within whose jurisdiction the offence has been committed. The Judicial Magistrate or Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation shall within 24 hours of death of such person, forward the body of deceased with a view to its being examined to the nearest civil surgeon or other qualified medical person appointed in this behalf by the state government unless it is not possible to so for reasons to be recorded in writing.
Apart from this, National Human Right Commission issued guide lines to all chief secretaries of state and administration of union territories in dealing with death occurring in encounters with police on 29/03/1997 and on 2/12/2003 a revised guidelines have been issued and it was emphasized that state must send information to the commission of all cases of death arising out of police encounters. Following are the revised guidelines:

 When the police officer in charge o f a police station receives information about the death in an encounter between the police party and others, he shall enter that information in the appropriate register.
 Where the police officer belonging to the same police station are members of the encounter party, whose action resulted in death, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as State CBCID.
 Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, am FIR to this effect must be registered under appropriate sections of the IPC. Such case shall invariably be investigated by State CBCID.
 A magisterial inquiry must invariably be held in all cases of death which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry.
 Prompt prosecution and disciplinary action must be initiated against all delinquent officers found guilty in the magisterial enquiry/ police investigation.
 Question of granting compensation to the dependents of the deceased would depend upon the facts and circumstances of each case.
 No out of turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such reward are given / recommended only when the gallantry of the concerned officers is established beyond doubt.
 A six monthly statement of all case of death in police action in the State shall be sent by the Director General of Police to the Commission so as to reach its office by the 15th of January and July respectively. The statement may be sent in the following format along with the postmortem reports and inquest reports wherever available and also the inquiry reports:

1. Date and place of occurrence
2. Police station and district
3. Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii. In the course of effecting arrest.
4. Brief facts of the incident
5. Criminal case no
6. Finding of the magisterial inquiry by senior officers
a) disclosing in particular names and designation of police officials, if found responsible for the death; and
b) Whether use of force was justified and action taken was lawful.

Along with above guidelines the then CJI send their request to all the state and territories to adhere these guidelines in letter and spirit both.
National projects on torture in India: demands that
1) Ratified the UN convention against torture and its optional protocol
2) Enact legislation to prevent corporal punishment in schools.
3) Enact a domestic legislation that makes torture a punishable offence and provides for the protection and care of victims and witnesses.
4) Enforce strict implementation of the Preventation Of Atrocities Act, 1989
5) Establish District Human Right Courts under the protection of Human Right Act, 1993.

However irony is that the guidelines of Supreme Court and National Human Right Commission are not being followed and the cases of police torture are increasing very rapidly.
Now the time has come to reform the entire police system to prevent the police torture of innocent people. The constitution of India establishes the India as a welfare state, which can be achieved only after following the police reformation and implement the ruling of the apex court. The police should be people friendly. The efforts should be made at every level and the parliament should pass the law and new Police Act should be made by parliamentarians. This will be helpful in reducing the police torture and it will fulfill the real sense of policing.

Therefore most respectfully it is submitted that kindly make an arrangement to reform the police system as per the guidelines of Supreme Court and National Human Right Commission so that the objective of welfare state enshrined in our constitution may be fulfilled up to maximum extent.

Thank You

Dr. Lenin

Friday, May 08, 2009

Response from UP Police on attack due to accountability among people

See the link:

It is the reaction of our first social audit of account of our organization.We demand to masses that they will put pressure on CSOs and NGOs for social audit of them,because they are using the public money.There is no right with out accountability.

---------- Forwarded message ----------
From: UP Police Computer Cetre Lucknow <>
Date: Fri, May 8, 2009 at 10:17 AM
Subject: Fwd: Petition
Cc: PVCHR <>

The complaint recieved from PVCHR is being forwarded for your kind attention and necessary action. Kindly respond to the complainant and send a copy of response to us also.

---------- Forwarded message ----------
From: PVCHR <>
To: "" <>
Date: Thu, 07 May 2009 22:01:17 +0530
Subject: Petition
Prashant attacked and beaten up to account officer Mr. Ajai in our office at nearly 5.50 PM of 7 May 2008.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.
Our life is under attack.
Please take the appropriate action.

Petition and protest from core group of PVCHR

---------- Forwarded message ----------
From: PVCHR <>
Date: Thu, May 7, 2009 at 10:01 PM
Subject: Petition
To: "" <>

Prashant attacked and beaten up to account officer Mr. Ajai in our office at nearly 5.50 PM of 7 May 2008.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.
Our life is under attack.
Please take the appropriate action.
with regards,

Response from PVCHR Core group:
Shameful.Prashant attacked and beaten up to account officer Mr. Ajai in our office.Our acoount officer highlighted the advance of him,D.P.Singh and Advocate Shiv Pratap Singh at social audit of our account before public at Varanasi.It is the prize to us for accountability.
See the link:

Tuesday, May 05, 2009

Open letter to Prime Minister of India

Dear Dr. Man Mohan Singh ji,
Greetings from PVCHR.
Please look the follow self-seffering story(testimony) of Raju.He says,"These repeated incidents made me so restless, anxious and apprehensive. As a result, I can not go out freely for works and it adversely affects to my social and economic life. The torturous memory of the incidents mars my sleep and many a times I feel rejected. I filed application to police to take action against the culprits but police turned a deaf ear to my plea. Sometimes some political party also came out explicitly against our movement. Police and political party are tampered and conspired with the company. Their dalals are shadowing us everywhere. My life is no more safe. I like my testimony be read out before a large crowd and used it for ensuring justice to the victim. I like the testimony be instrumental to enhance our movement for Jan, Jamin and Jungles (water, land and forests)."

Please do needful intervention for people of Jharkhand.

With Kind regards,
Dr. Lenin

My life is no more safe

Dr.Lenin Raghuvanshi 5/5/2009 11:30:26 AM(IST)

I am Raju Lohra, age 35 years, a poor agricultural farmer belonging to Lohra tribe, a resident of Ramtoloya, Mauatoli, Gumla district Jharkhand. I have been bearing the brunt of violence being perpetuated by one multi national steel company (Laxmi Nrayan & Mittal) for the last four year. My fear is the ongoing land acquisition by the company, which will make us victims of internal displacement. The company have already surveyed over 12 villages within Kamdara block alone, for setting up steel factories and power plant and now, it is on the verge actual land acquisition process. My private land measuring 7 acres falls under the surveyed areas and I feel the very upcoming outcome. The company has resorted to many repressive means to subdue the ongoing movement voicing against the land acquisition process at the cost of lives of the poor tribal people. Dalals or the hired people of the company harassed those people involved in the movement for protection of Jal, Jamin, Jungles (water, land and jungles) belonged to the tribal peoples. I am also one of the victims of these Dalals of the company, who have been harassed and assaulted on three different occasions. The agony is that physical pain inflicted upon would go soon but psychological pain remains much longer time.

The first incident took place in August, 2005, I along with my wife were returning on a bicycle from a public meeting ( meeting against the land acquisition ) and about to enter at PAKUT bazaar for shopping. When we reached there, two unknown persons suddenly pulled me down from the running bicycle and assaulted me with punches. They threatened with dare consequences and warned me not to be involved further in the anti land acquisition movement and went off. I felt so humiliated and embarrassed since it was happened just before the eyes of his wife, and came back home with a heavy heart. The second incident occurred in September, 2005 at Pokla bazaar, from there I was abducted by the dalals of the Company. They took me away to a nearby place and beat me severely. They threatened me to stop anti company agitation or I would be finished off. The abductors fleet away seeing some villagers rushing to the spot. The third incident took place on 26th February, 2009, hardly a week ago, at Ararra village, in which a gang of dalals of the Company, suddenly attacked me with sticks on my chest. The attackers again asked me to immediately isolate myself from anti displacement movement. The attackers had to leave me as some people were approaching when hearing my cry for help.

These repeated incidents made me so restless, anxious and apprehensive. As a result, I can not go out freely for works and it adversely affects to my social and economic life. The torturous memory of the incidents mars my sleep and many a times I feel rejected. I filed application to police to take action against the culprits but police turned a deaf ear to my plea. Sometimes some political party also came out explicitly against our movement. Police and political party are tampered and conspired with the company. Their dalals are shadowing us everywhere. My life is no more safe. I like my testimony be read out before a large crowd and used it for ensuring justice to the victim. I like the testimony be instrumental to enhance our movement for Jan, Jamin and Jungles (water, land and forests).

Filed by Kesiam Pradip & Arun Topno during the

Testimony Workshop of RTC & PVCHR

Ranchi, the 5th March, 2009

Sunday, May 03, 2009

Missing boy from Belwa, Varanasi in India

Posted: 2009-03-26 by Manoj Kumar Pandey Send email

missing boy

Subhash Chandra Patel son of Kailash Nath Patel is the resident of village Belwa, Badepur (Kharka), under Phulpur police station in Varanasi district. He has been doing job in Agra for three years. On 21st march, 2009 he sit in Marudhar Express for Varanasi in general coach, but he could not reach to his house at fix time. He is missing till now.
If any body has any information about him, kindly inform :
At following mobile no. 9307304065, 9919683221, 9721273030, 9793455158
Pepple’s Vigilance Committee on Human Right (PVCHR)
SA 4/2A, Daulatpur, Pandeypur, Varanasi
Mobile no. 9935599333, 99355330, 9450540023

Pattern of Human Right Violation through Torture and other form of organized violence

Dr.Lenin                                                                                                                                                     2/5/2009 10:52:59 AM(IST)

India is the world's 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 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 through beating, sensory deprivation, simulated drowning, electricity shocks, shooting, mental torture etc. 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 UN-Convention against torture.
Torture is integral part of criminal investigation in India and considered as cheap and easy method in investigation. Brutal practices and the misuse of force is very common in the operation of the police across the country. It is tool of oppression used by those in the position of authority to threaten and intimidate detainees. The police and other security forces are given legal immunity from act of torture and extra-judicial killings under various legal provisions of Armed Forces Special Power Act (AFSPA) and section 197 of Cr.P.C. These immunities play significant role in the prevalence of torture and violence. However majority of the cases are seldom reported and inquired.
TOV and caste: Elitism is deeply rooted in culture and the police are deliberately made to function in ways that support the interest of the elite class and caste, in the name of order. 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. Schedule caste known as dalit are continuously facing atrocities and discrimination in all sphere of life, while accountability for the violation of dalit right was seldom established. 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. Untouchability is still practiced across India and the dalit are continuously denied to access public place. From the very beginning the dalits are continuously deprived of land in-spite of many laws relating land. Abuses against dalits are numerous and take many different forms; they include (but are not limited to):
· Socioeconomic discrimination

· Beating, slashing, and other forms of torture

· Arson -- the burning of Dalit communities

Demoralizing the lower caste is very common with a view to make them silence, so that they can not raise their voice. When a person from upper caste commits crime, after the trial the person is punished. However when it comes to the lower caste the entire community is punished. This punishment is not from court, but form the upper caste and the police provide its sound support in implementing punishment to upper caste. Indian Police learnt from practice of caste system of demoralization and community punishment and on the other hand most of the custodial torture, violence and death is committed against marginalized and deprived caste. Many dalit are tortured and subjected to humiliation and degrading treatment in public like garlanded with chappel and sandal, blackening face, riding over ass etc.
TOV and patriarchy
The discriminatory organized violence against women is one of the most relevant human rights issues in India. Experts report on severe gender based violence which includes domestic violence, dowry linked violence, sexual assault, sexual harassment and sex-selective abortion. Though dalit are considered untouchable, yet rape of dalit women is very common by upper caste. Dalit women bear a triple burden; they are exploited by caste, class and gender. Discrimination of women is evident among others in the educational system, in political and public life and in the law. Violence against women is increasing rapidly. Apart from above violence, the women are victim of violence by securities forces and armed opposition groups, traditional justice delivered by panchayat and cruel cultural practices like sati, honor killing and witch hunting.
State terror through Anti-terrorism legislation
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.

Communal violence and caste
India is secular state and person is free to adopt any religion and act according to the rituals of that religion. However concept of secularism is being disturbed many times by extremist group, which outcome is Sikh massacres(1984), Mumbai rioting(1992-93), Gujarat genocide (2002), Dargah rioting (2006) etc. The irony is that the police supporting the extremists by targeting innocent people and the politician are playing game in the name of showing sympathy. There is lack of political will to prosecute the perpetrators of the violence. Apart from this many innocent people charged under POTA. So the minorities are facing from three fold like: attack by majority community, attack by police and charging innocent under POTA.

New discourse in anti-TOV initiative:
In the colonial era the feudal system existed and it was based on "rule of lord" instead of "rule of law". The unjust and undemocratic system is governed through colonial Police law made in that era so the police is still acting according to "rule of lord" and clearly denying the concept of welfare state.
Now a day, Indian society is still remains in semi-feudal and semi-capitalist mode of production and caste system serves this perfectly. The danger faced by the caste dictatorship created a new link in communal Hinduism fascism and imperialism. There is need that all the progressive power must join hand to crush Brahmanism from its roots so that Manu's patriarchal dictatorship may not persist and flourish.

Friday, May 01, 2009

Testimony to improve psychosocial wellbeing and promote advocacy for survivors of torture and organised violence

Peoples’ Vigilance Committee on Human Rights (PVCHR), India, in collaboration with the Rehabilitation and Research Centre for Torture Victims (RCT), Denmark, is holding a two-day National Consultation at Vishwa Yuvak Kendra, New Delhi.
See link: