#India — Human Rights Violations against a lesbian couple


Saranya went back to her parents on 30 July 2013, after undergoing a lot of stress and `emotional blackmail’

Press Release

Bangalore, 1 Aug 2013: After undergoing a lot of stress and `emotional blackmail’, one of the two women, Saranya, who came to Bangalore from Kerala, went back to her parents on 30 July 2013. However, Shruthi returned to Bangalore on her own choice and pledged to fight the conservative system and appealed to everyone not to discriminate them.

Saranya’s father Mr. Mohanan filed a Habeas Corpus petition in the Kerala High Court where Saranya was represented by well-know advocate Mr. BT Venkatesh and Advocate Asha on 30 July. However, the court has allowed the parents to talk to the girl alone for over two hours but we felt that she was not given a chance to talk on her own. She was asked by court whether she would like to go back to her parents and she replied `Yes’ in a mono syllable. She was under duress and “emotional stress”.

Adressing a Press Conference at Press Club today, Senior Advocate and Human Rights Activist Mr BT Venkatesh, said: “I feel that court ought to have handled the matter in a more sensitive manner. It was visible that the girl was under great stress and it was also necessary that the girl ought to have been enquired in a friendly atmosphere which was not the case. We have seen, there is a crying need to form a set of guidelines in the matters relating to Habeas Corpus petitions seeking custody of women or girl child in particular. Absence of such guidelines, we have seen, resulted in women being pushed to traumatic situations more particularly when the families are oppressive. The case of Saranya, unfortunately, stands in that league.”

“Saranya’s father has been harassing her for the last few days and he has also made false allegations against Sangama. After watching the whole issue unfold in the last few days, It is clear, Saranya’s decision came after she was subjected to emotional blackmail,” said Gurukiran Kamath, Director, Sangama.

Two lesbians from Kerala, who ran away from their homes, have requested the support of Sangama, a human rights organisation working for Sexual Minorities, for legal support.

Sangama is a human rights organisation promoting and defending the rights of sexual minorities, sex workers and other oppressed communities and has been working with many organisations in Kerala for the last 13 years and from 2010 it has been directly doing local work from many districts of Kerala with the community based organizations of sexual minorities. The organisation has supported many women in distress from Kerala in the last 13 years.

“Saranya has clearly told her father and other members that she has come out on her own. But the pressure from home was so much that she was forced to go back. I am sure Saranya is not happy there. I want to talk to her and want know how she is,” said Shruthi, who chose to return back to Bangalore.

“When we talk about freedom, where is the freedom for women? In a democratic country, if an adult is not having freedom then it is against the constitutional morality, ” said Elavarthi Manohar, Joint Secretary, Praja Rajakiya Vedike.

Shubha Chacko, a women’s rights activist and Director of Aneka said: “We will take this issue to women’s movement to have a larger dialogue. We strongly demand the protection of women’s rights.”

For details call Gurukiran 9972903460 or the helpline 9901682151

#RIP – Tribute to Hassam , Friend and Human Rights Activist from Pakistan


aisha

Life partner of my first friend  from  Pakistan is no more

As I opened the Facebook page of Aisha  Gazdar to share

Neela  Bhagwat’ s  classical rendition of Faiz poem, “Bol”

As her page slowly opened, I wondered why

She had  removed her Profile Pic

and then

I felt a bolt from blue , I was numb, with a blank stare

The news stared at me

Rights activist Hassam Qadir no more amongst us, He was just 44

My Eyes closed, fervently wishing  this to be a bad dream.

 

I went to a Flashback

My friendship with  Pakistan began with  Aisha in 2000

My  Myths about  Pakistan started crumbling ,

thanks to our friendship ,

which happened as we met at a neutral ground in London

We both were Chevening  Scholars studying Human Rights

 

Our friendship beyond borders ripened

She came to India to make a film on women rights and CEDAW

I was her coordinator in India   and loved every bit of it

Hassam  also came with her in 2005,

My first reaction was WOW

This is a Marc Zuber look- alike from Pakistan

Kumbh ke bichade bhai ke samaan

 

His first morning in Mumbai,

This is what we see

He is standing in the Kitchen making his own Tea

Broad shoulders and  a broader smile

Behind the Robust Masculine exterior

Lay a  Gender Sensitive Man,within

 

A human rights activist and Lawyer

Hassam

was a Passionate Fighter

 Aisha , the most soft spoken person I have evermet

is a carnation of ‘  Tameez and Tehzeeb.”

Hassam  was a  True Punjabi from Lahore   in every sense of word

His jokes and crackling laughter, still echoes

He  forgot his Black Sandals

Every time I talked with  Aisha and him

We laughed and said

‘Tuhade chittar taan aithe hi reg gaye, ki kariye “

( Your sandals are still here, what to do ? )

He once jokingly said- Sambhal ke rakhna  Amitabh Bachchan na lae jaye !!

( Please take care Amitabh Bachchan does not take them !!)

 

 Left behind Memories , Jokes,  Vaccum

and yes

A pair of large sandals

sitting in a drawer

with hopeless anticipation ……

A pair of large sandals

befitting a  towering personality

Remains…………………………………………………………waiting forever

2013-07-01 21.58.53

 

Press Release – #India – 5 activists accused by Tata Steel in fabricated cases acquitted #goodnews


Noamundi activist released
from Ieft are: Mosa Mundi, Rajaram Das, Xd, Indu Iaguri, John Barjo
 — atOut side Chaibasa District Court Singhbhum Jharkhand India
Xavier Dias
The Noamundi five have been acquittedon 29th June 2013 by the Chaibasa Court In 1991 eighteen of us were accused by TATA ST EEL in multiple fabricated criminal cases this particular case the Company got the Railways to fiIe an additional criminal case for damage to railway property too for which in NOvember Iast year 6 of us went to jaiI
The sixth Basu Deogam died in May from malnutrition and TB, I wish to remember the children and widows of the 13 of our comrades aII of who died early from curable diseases aII before the age of 45, yes we are now acquitted after 22 yrs of one of the countries biggest mining companies TATA STEEL failed strategy to harass Intimidate and defeat the resistance movement,
The struggle and resistance against Mining in the Saranda forest within which TATA STEEL and Noamundi comes continues and is now Ied by some of the children of our former comrades On 22 June a Pubic Hearing for a new mine could not be held as over 500 women men and children under the Leadership of Omon MahiIIIa Sanghatan drove them away This picture was taken out of the Court ,

.

 

#India – Every Move She Makes. They’ll Be Watching Her #moralpolicing #Vaw


skirtfinal

Rising hemlines lead to rising TRPs. Aradhna Wal examines a commercial news industry committed to sleaze, to lechery and to shaming young women

There’s something rotten in the states of  and . And it seems the Kannada and Telugu news channels have identified the problem — girls gone wild, fuelled by alcohol. On 14 May, Karnataka’s leading regional news channel, TV9 Kannada, ran a programme, Olage Serideru Gundu (literally, ‘once alcohol is inside’), a fine assortment of video nasties from across the country, showing the great evils of girls drinking — the ruckus on the street, clothes askew, clashes with cops.

For some years now, the disapproving cultural policing of a class of girls — ones who can afford to go out to drink — has become a staple on regional news in both states. There is massive viewership, particularly of sleazy ‘true crime’ reports, and so editors and programming heads encourage reporters to follow women and young couples, to stake out pubs, nightclubs and make-out spots. A cursory search on YouTube reveals the many news reports with such eye-catching titles as ‘Drunk women causing hulchul’, ‘Drunk women causing hungama’, or ‘How to ban rave parties to save the youth’.

“We show boys too, but a girl being daring on screen instantly catches the viewers’ attention,” says Shreeti Chakraborty, senior producer with a leading Kannada channel. One clip was of an altercation between four female students of NALSAR University of Law and reporters from the Telugu news channel ABN Andhra Jyothy, outside Rain pub in Hyderabad’s Banjara Hills on the night of 11 April. Shruthi, Megha, Prachi and Adwitiya angrily confronted a drunk man filming them on his phone. The confrontation attracted a mob and reporters from ABN. Apparently, the drunk man was a reporter who had telephoned his colleagues. The footage was picked up by other news channels. Several of them branded the girls immoral, drunk and half-naked and even questioned the pub’s licence.

Watching the ABN footage is instructive. The camera pans up and down the women’s bodies. It is exploitative; consent is not an option, probably not even worth a thought. The viewer is implicated by the camera’s roving eye, a fellow voyeur leering at barefoot girls in short dresses. The cameraman follows the girls to their taxi, thrusting his camera through the door, his taunts provoking the girls to shout insults. Their expressions of fury at being cornered were circulated on primetime news as the faces of unacceptable modernity, of aggressive young women out at night, women who must be checked.

One irate senior journalist with a leading Telugu news channel described the girls as “public nuisance”, and launched into a tirade about “minors” getting drunk, abusing reporters and partying late into the night. He blames this “anti-social behaviour” on both NALSAR and the students themselves: “They even shot a promotional video for the ‘daaru party’ on campus. Look at the things they say in that.”

Confronted by this (self ) righteous indignation, the students launched an online campaign on change.org to prove that they had been harassed by the media. They compiled evidence to show that they were neither minors, nor drinking after legal hours (11 pm), and the leaked video that the news channels broadcast was not a promo for the party. Raj Singh, the owner of Rain, has stated that the ages of everyone at the party were checked and the girls left around 11 pm, not past midnight as the reporters alleged.

“The police raided us at 11.45 pm after the incident was over,” says Singh. “At 12.45 am the reporters barged into my club, beat up my security guard and placed bottles on the bars to suggest that the pub was still open.” His decision to stand up for the girls has meant that his pub “has been raided almost nightly by every department imaginable looking for some illegal activity”.

In response, Andhra Pradesh’s Electronic Media Association of Journalists put up a counter petition on change.org, asking for the girls who “assaulted reporters” to be condemned. It garnered over 5,000 signatures. But during routine checks, change.orgtraced the bulk of these signatures to one IP address, proving that most were fake. After they removed those signatures, only 132 were left.

The girls’ determination to stand up for themselves sets them apart in a state where reporters looking to manufacture lurid stories appear to operate without any kind of sanction. “We had to fight back,” says Shruthi Chandrasekaran, one of the girls involved in that now infamous April incident. “What’s happening is just wrong and too many people seem resigned to it. We don’t even know what motivates the media’s malice towards us.”

Andhra Pradesh has some 16 regional news channels. Sevanti Ninan, editor of The Hoot, an online media watchdog, has written about how corporate ownership sets the terms and how the need to be profitable means a redrawing of the lines between public and private. In a market exploding with money and fierce competition, no channel can afford for viewers to switch off. Thus, there’s little distinction between what channels define as eyeball-grabbing reportage and salacious entertainment. News seems to essentially mean reality TV served with an indigestible side dish of hypocritical, moralistic commentary.

GS Rammohan, associate editor with ABN Andhra Jyothy, accepts that TV news has gone insane, driven by ratings and profit. According to the , what sells is sex and crime. “People enjoy watching other people’s private lives on TV,” he says. As long, apparently, as the “other people” are comely young women. The same senior journalist who denounced the NALSAR students stated matter-of-factly that channels look to show beautiful women onscreen as de facto policy. Local media in Hyderabad and Bengaluru, Rammohan says, are similar in this regard. Though Karnataka has six regional news channels as opposed to 16, its crime news coverage is famous for stings, both successful and attempted, on bars in Bengaluru, Mangalore and Manipal. Many of these stings are the work of reporters employed by Suvarna News 24×7 and TV9 Kannada, the two most popular regional news channels in Karnataka. Both blame the other for lowering the tone of the public conversation with leering, tabloid journalism.

Raoof Kadavanad, a crime reporter with a leading English daily in Hyderabad, watches the tactics of TV reporters with some bemusement. He describes how crime reporters seek out couples in public spaces and film them with hidden cameras. The footage is then screened to bolster the argument that the behaviour of young women in the city is deplorable. After the NALSAR incident, TV5 aired a segment about Hyderabad’s nightlife that deplored what was “happening to our sisters and daughters”

In July 2012, Tonic, another pub in Banjara Hills, was raided for having a party long after legal hours. The media filmed the raid, focussing largely on the women in that familiar, creepy style. Depressingly, this behaviour is typical. In January 2012, Suvarna broadcast a ‘sting’ on illegal bars in Bengaluru. The ‘illegality’ of said establishments was, of course, of less concern than filming the girls on their cameras. In 2011, a medical student was photographed at a party in Le Rock Cafe in Bengaluru. Her picture was published in a Kannada newspaper belonging to the Telugu channel Sakshi TV as an example of the malign influence of western culture on the present generation.

The combination of sanctimoniousness and aggression is visible. Girls are hunched over, hiding their faces, surrounded by baying men. The footage is edited insidiously, with strategic blurring implying nudity when a girl is wearing a dress deemed insufficiently modest. Shame is thrust on the girls. “It was terrifying,” remembers Shruthi, “to be chased by this man with a camera, who won’t even let you shut the car door.” Her fear has been felt before by innumerable women running away from cameras, desperately covering their faces with dupattas, scarves or their own hands.

Another popular tactic used by reporters is to wait around with traffic police conducting its weekly drunk-driving tests at various checkpoints around Hyderabad. Every Friday and Saturday night, a small group of reporters armed with lights and cameras film these checks, waiting for women who might be stopped. “Channels use that footage in different packages to say different things for months. People enjoy it,” says ABN Andhra Jyothy’s Rammohan.

In Bengaluru, Ajit Hanamakkanavar, the Crime Bureau Chief of Suvarna, acknowledges that “news has crossed over the line to  and reality TV”. “In the TV business, the remote control is your biggest enemy. No one watches serious, investigative stories,” he adds. The channel has a “legal team at the ready” to deal with accusations of slander and defamation. The reporters are often tipped off about the bar raids by the police. “A commissioner will not be my source,” says Hanamakkanavar, “but a constable will be.” A senior police officer confirmed that the constabulary and reporters often share information.

Both Rammohan and Hanamakkanavar put the blame squarely on upper management. The top brass have cynically turned moral policing into a lucrative business. Many of the reporters, who often come with their own cultural baggage, actually believe they are making a valuable difference, providing a much-needed check to out-of-control youth. It is not enough for them to observe society; they feel the need to become enforcers of a particular, usually imaginary, cultural code. Sampath Kumar, a crime reporter for ABN, earnestly tries to explain how “these people” can be kept in check “through fear of the media and by being made to understand that their behaviour is wrong”. He claims the reporters have the public on their side and that tip-offs come just as often from their audience as from the police.

In Karnataka, there is also a penchant for blaming the outsider, or the ‘foreign hand’ — students and professionals, who flock to cities from other states and countries, and bring money, decadence and loose morals. The pressure to make the money to lead extravagant lifestyles also results in crime, say reporters. Rajesh Rao, the Mangalore crime reporter for TV9 Kannada, says that he’s “seen what goes on in these pubs, what drugs are exchanged. These petticoat parties where girls wear short clothes”. Suresh Kumar Shetty, the Mangalore crime reporter for Suvarna, worries about the effects the “lavish lifestyle” of rich students from outside the state have on locals.

Like Rao, Shetty admits that his channel has attempted to smuggle cameras into popular bars. He once asked two friends of his, who were not reporters, to enter a bar as a couple and film the goings-on. To validate the rightness of the cause, he refers to the tragic suicide of Sneha, an 18-year-old Mangalore girl, in February this year. A drug addict, she reportedly killed herself because she couldn’t afford the next fix. Her parents spoke about a girl who used to top her class at school until she started going to parties in hotels and pubs and was introduced to drugs.

This story fits conveniently into Rao and Shetty’s argument that local youths are tempted into vices they cannot afford and that the media must protect them. Naveen Soorinje, the Mangalore reporter for Kasthuri TV, disagrees. With vehemence. He made national headlines last year after the 23 July 2012 homestay incident in which activists from the Hindu Jagarana Vedike attacked boys and girls at a birthday party. Soorinje’s coverage shed light on what had happened, yet he was named as an accused in the case by the police. Released on bail in March this year, all charges against Soorinje were dropped by the Karnataka government on 14 June. Having consistently reported on cultural policing, he points out when right wing groups such as the Sri Ram Sene go on one of their periodic moral policing jaunts in Mangalore, the media, tipped off by these groups, is close behind. It’s a cosy relationship. The media gets political backing for its own occasional hand-waving about decadent modern culture and the right wing groups get the soapbox and spotlight they so desire. “When the right wing groups are not around,” says Soorinje, “TV channels film young people in pubs and ask ‘what is the Hindu sangathan doing now?’ When TV9 does something, Suvarna tries to catch up by doing something more sensational.”

This role of social responsibility is championed by TV9 Telugu’s executive editor Dinesh Akkula and Input Editor Arvind Yadav. According to them, the story of Telugu media is one of transformation — from a cutthroat business to responsible journalism that is the hallmark of the likes of TV9. “Maturity is coming in slowly,” says Akkula, “we stick to the guidelines recommended by the News Broadcasters Association (NBA). We don’t target specific people or groups, but we show what’s in the public interest.”

In TV9 Telugu’s infamous Planet Romeo sting (February 2011), a reporter posed as a gay man on the site Planet Romeo and befriended other members, eliciting intimate details while recording his conversations. The ‘report’ was broadcast with lots of hand-wringing about how Hyderabad was falling prey to the fashionable gay culture. The conversations were played on TV, revealing identities, personal sexual preferences and histories. Prominent gay rights lawyer Aditya Bandopadhyay filed a complaint and the NBA fined the channel 1 lakh, a piffling sum for a network of TV9’s size.

That appalling piece of reporting shows that it’s not just middle and upper-middle class girls in the firing line, but all manner of easy targets. The Telugu news channel NTV 24×7 once filmed transgenders at an LGBT awareness event held by the NGO Suraksha and then aired that footage in a completely different context, when a man was murdered at a popular cruising spot. TV9 Kannada did a major expose in 2009 on the “Devdasi tradition” among sex workers of Kudligi in Bellary district. The story’s fallout, as documented in a fact-finding report by Vimochana, a women’s organisation, and Nava Jeevana Mahila Okkuta, a Dalit Women’s Collective, was that these sex workers, previously accepted by a wider community, were now ostracised. They had lost their only source of livelihood, couldn’t send their children to school and were shunned by the neighbours. The TV9 journalist, Prakash Noolvi, went on to win the Ramnath Goenka Excellence in Journalism Award in January 2012. “The reporter didn’t hide the faces of these women,” says Akkai Padmashali, the media coordinator of Sangama, an LGBT organisation. “They cheated these women by posing as clients. One had even been visiting them for sex.” She angrily recounts the many times reporters secretly film sex workers to extort money from them.

Activists and intellectuals point to how a large section of society gives legitimacy to the media and other self-appointed moral police. People will be outraged by a girl being beaten up, but will also say that she should not have been out drinking in the first place. Conservatives who might be of completely different backgrounds find common ground when setting limits on women’s behaviour. Shaming is a cultural reality. Madhavi Lata, a scriptwriter and former reporter for NTV, is honest about the fact that truth is often warped to fit viewers’ preconceptions. But even she asks why “these girls give people the chance to say something about them. They could go out for a drink in more decent clothes”.

Hyderabad-based activist Tejaswini Madabhushi recalls media reaction to the 5 January ‘Midnight March’ in the city, an attempt to take back the night from sexual predators and the moral police. “Vernacular news reporters,” says Madabhushi, “kept asking us why we wanted to go out in the night and provoke men like them.”

Pop culture too reflects this attitude. Audiences cheer when Telugu heroes verbally and physically abuse heroines. It’s part of a nationwide acceptance of . Sandhya, a leading gender rights activist in Hyderabad, says people “want to see women as sex objects. Studios call us for panel discussions and pit us against someone from the right wing. We tell them to leave the girls alone and start telling the boys how to behave.” R Akhileshwari, a senior print journalist, points out that it’s “always the woman’s body” that is the locus of censure or dispute. “Why do these channels not look at the liquor shops on the road, where men buy drinks, enjoying a session right there by the roadside?”

Perhaps legal challenges will force TV channels to modify their intrusive behaviour. “It is a violation of privacy,” says Bengaluru-based lawyer Akmal Rizvi. “It can be interpreted as stalking, which comes under Section 354D of the IPC.” One of Hyderabad’s eminent lawyers says, on the condition of anonymity, that some reporters “blackmail people for money by threatening to show their faces on TV”. The NALSAR students cited the reporters’ violations of the NBA’s regulations concerning stings and media ethics. The reporters argue that roads are public areas.

“Moral policing on TV goes back to the ’90s when crime shows started,” says Deepu, a Bengaluru- based documentary filmmaker with Pedestrian Pictures. He reiterates the point that journalists are part of the social fabric that consumes these shows. But the very morality these channels pretend to is hypocritical. “Why would you want to see that picture of the skimpily dressed girl if you are so moral?” asks Nisha Susan, freelance journalist and writer, who began the ‘Pink Chaddi’ campaign in 2009 in response to Sri Ram Sene goons beating up women in a Mangalore pub. Thousands of people around the country responded to her call to send the thugs the aforementioned items of women’s underwear. She adds that each generation must push the boundaries for acceptable female behaviour and be prepared for the inevitable friction.

As of now, vernacular media is working hard to play to its audience’s prejudices. An audience that tunes in repeatedly to be scandalised. Perhaps one day, these channels will be overtaken by their viewers as they’re forced to adapt to changing times. One day, the audience will note the rage on a young girl’s face as she is backed into a corner by a reporter wielding a camera. And then they’ll no longer listen to the reporter’s claims that it is the young girl whose behaviour is immoral.

aradhna@tehelka.com

(Published in Tehelka Magazine, Volume 10 Issue 27, Dated 6 July 2013)

 

#India -Chhattisgarh lawyer, client charged with #sedition walk free #goodnews


SUVOJIT BAGCHI, The Hindu, Raipur  June 28,2013

Advocate from central Chhattisgarh has been slapped with the same charges that of her clients

Rarely in judicial history has an advocate been slapped with the same charges as that of her clients. But such was the case of Rekha Parghaniya – a lawyer and a human rights activist from central Chhattisgarh. She was arrested and charged with sedition and put in the same prison with her client, Rashmi Verma, a middle aged housewife arrested for “excit(ing) disaffection towards the Government.”

Ms. Parghaniya was defending Ms. Verma and her husband Bhola Bag, a contractual worker, who was booked with sedition as well. All three of them were also charged under Chhattisgarh Special Public Security Act, 2005 (CSPSA) for allegedly abetting the outlawed CPI-Maoist. They were acquitted by the district court of Durg on Wednesday.

Bhola Bag and Rashmi Verma were arrested on basis of a statement made by Sarita, an alleged Maoist cadre. She, in her statement to the Sarguja district police, allegedly claimed that she stayed with Mr. Bag and Ms. Verma while working for the underground party. The couple were arrested in February, 2009 and eventually charged under an 1860 Act of Indian Penal Code (IPC) for “excit(ing) disaffection towards the Government” and Section 8/1, 8/3 and 8/5 of CSPSA, 2005 for helping an ‘unlawful organisation.’

“What triggered the arrest of Ms. Parghaniya was the arrest of her husband in Kolkata,” said one of her lawyers, Sadiq Ali. Ms. Parghaniya’s husband, Deepak, was arrested in Kolkata earlier in 2012 for allegedly helping a unit of the Maoists to manufacture small arms. Maoist Central Committee did acknowledge Mr. Parghaniya as one of their “comrades” in a release issued on March 2, 2012. “Ms. Parghaniya was arrested just for being the wife of Mr. Parghaniya whom she last met several years ago,” said Mr. Ali.

A team of CPI (ML)’s women wing, AIPWA visited Ms. Parghaniya in Durg central jail and questioned the arrest. “…incriminating documents seized by the police from Rekha’s house include literature by Bhagat Singh, Marx, Engels and Bertolt Brecht, as well as some folders on the history of the workers’ movement,” said the AIPWA release. “The AIPWA team led by Lakshmi Krishnan was severely interrogated before they were allowed to talk to the women who were projected as big time Maoist guerrillas,” said State secretary of CPI (ML) Brajen Tiwari.

The couple were implicated as Mr. Parghaniya, ostensibly, arranged for some contractual work for Bhola Bag in Bhilai Steel Plant before he left Durg. “Allegedly, they were consolidating the urban network of the Maoists,” said Mr. Ali. While all three were booked by police under same sections of IPC and CSPSA, Ms. Parghaniya was kept out of sedition when charges were finally framed. “Since the permission was not sought by police from home department before slapping 124/A,” said Mr Ali.

The judgment said that the evidences were not sufficient to convict Mr. Bag and Ms. Verma. Ms. Parghaniya was acquitted as the two main witnesses were not present during the seizure, which was the important evidence against her. “Even the investigating officer said there were hardly any incriminating documents, other than few leftist magazines,” said Mr. Ali.

Rekha Parghaniya walked free on Wednesday night and managed to win freedom for her clients as well.

#India – Dr Soonawala rape case in Mumbai shows how elite privilege works #Vaw


http://sunday-guardian.com/administrator/iupload/rape-case-final_1371904787.jpg

Illustration by Megha Roy Talukdar | Dev Kabir Malik Design

Police conduct, elite reaction and the manner in which this story was reported illustrate how hard it is for a poor woman to accuse a privileged man of rape in India, writes Richa Kaul Padte
Richa Kaul Padte  22nd Jun 2013
There are many stories within this story, often manufactured, and almost entirely contradictory. Perhaps then we should begin with the story that has been told the least: the story of a 26 year old woman who was allegedly raped by her general practitioner Dr. Rustom Soonawala on 17 May at 6pm at his clinic in Mumbai. The narrative begins clearly enough: on leaving the clinic, she told her husband what had happened. At 10.30 pm the same day, an FIR under Section 376 – rape – was registered at the Khar Police Station. The following morning, two police constables accompanied the survivor and her husband to Soonawala’s residence at Dadar Parsi Colony, where she identified the doctor as her rapist. Here, however, is where the story begins to splinter.

The constables sent the couple back to Khar, and told Soonawala that he must accompany them to the police station. Choosing to travel in his own car (questions around why an immediate arrest wasn’t made or why an accused rapist is permitted his own transportation remain unanswered), Dr. Soonawala revved up his engine with a police constable in the front seat and another in the back, along with two of his sisters. Here is precisely where all coherent narratives disintegrate, because over an hour later, the police officers returned to the station, saying that Soonawala had absconded. One account says that one officer had to leave the car to let a patient inside, and the other got out to prevent Soonawala from escaping. Another suggests that there was only ever one constable involved, who was lured out of the car on the pretext that everyone was getting out — before the car sped away. Any police account, however, raises several burning questions: why was the licence plate of the car not recorded? (‘We forgot,’ say the police) Why was the control room not telephoned with a description of the car to be halted at the next signal? (‘We didn’t think of it,’ they say).

On 11 June, over two weeks after the FIR had been lodged, the still-absconding doctor and accused rapist was granted anticipatory bail. And the shock-horror-anger following last year’s Delhi gang rape was nowhere to be seen.

Speaking at a public meeting organised by the Aam Aadmi Party on 18 June in Mumbai, Justice Suresh Hospet said, ‘This reminds me of what the first CPI Chief Minister of Kerala said: If in a court of law there is a rich, well-dressed, suited and booted person standing on one side, against an ill-clad, starving poor man on the other side, the court has an inherent tendency to lean in favour of the former against the latter. This is exactly what is happening today. It is the rich against the poor.’ As a member of the upstanding Bombay Parsi community, which has always held a position of social and cultural privilege dating back to British Imperialism, Soonawala’s respectability was vouched for from all sides. From a lawyer-community with personal ties to the doctor to medical professionals (‘if this can happen to him it can happen to us’: a perverse twist in the logic of vulnerability that normally exists between doctor and patient, says Sujatha Gothoskar from the feminist collective Forum Against the Oppression of Women) to the wider Parsi community, efforts to clear the doctor’s name were aggressive and multi-pronged.

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The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course – singularly because of the social and economic standing of the accused.

Activists who had worked with Soonawala to strengthen laws against hawkers alleged that the case was fabricated by the hawker community in an act of vengeance. But the survivor is no hawker. She is a quiet, soft-spoken wife of a tailor from Orissa, with little money and no one to speak for her. In an unprecedented movement of support for a man accused of a crime that recently made every second Indian a feminist, over 300 people attended the first hearing for anticipatory bail in the Mumbai’s Sessions Court, where the victim was heckled from all sides. How does a judiciary rule in the face of such overwhelming, ‘respectable’ support?

he Order issued by the Mumbai High Court judge on 11 June was a regressive about-turn from the strides made by the Ordinance that resulted from the Justice Verma Committee Report. ‘Facts’ like ‘why didn’t she scream?’ and the 5 hour ‘lapse in time’ it took the survivor of a physical, sexual and mental assault to reach the police station took precedence over forensic evidence of semen on the examination table; an appointment book listing only the survivor’s name for the day; and clear police negligence in locating an absconding Soonawala. Other ‘facts’ cited were that the survivor was unsure about the extent of penetration, and that a forensic report dated 20 days after the incident found no traces of male DNA on her vaginal smear —factors that have been dismissed by the Supreme Court in several rape cases where the survivor is accustomed to sexual intercourse. In a note on the subject Justice Hospet writes, ‘In most…rape cases, there is the victim and the accused — and it happens in a closed room, and there are no eye witnesses.’ It comes down to what the judiciary believes. But as the evidence shows, this ‘belief’ does not exist free of classism and privilege. Aam Aadmi Party members Anjali Damania and Preeti Sharma Menon ask, ‘What if the case was reversed? What if a tailor raped a Parsi lady doctor? Would we say that he should get anticipatory bail? No, we’d say, “Arrest him and put him in jail immediately.”‘

Says Sujatha Gothoskar, ‘What [supporters of Soonawala] don’t seem to understand is that this sets such a dangerous precedent with much wider implications than the case itself…Whether you believe her or the doctor, let the law take its own course; let him be arrested.’ The crux of the issue here lies not in Soonawala’s guilt or lack thereof, but in the fact that the law was prevented from taking its own course - singularly because of the social and economic standing of the accused. Now being heard in the Supreme Court, if the current ruling is not overturned, will the Soonawala case be the new litmus test for rape cases of the future? Fast track for poor rapists, bail for the wealthy? The more support in court, harassment of the survivor and reportage from an uncritical media, the better the chance for acquittal?

If the public and media conscience and consciousness were so righteously raised by the aftermath of the Delhi gang rape, the Soonawala case shows the falseness and elitism of that consciousness to begin with. When it’s the tailor, the plumber, the masked villain in the night, the country (as represented by social media, at least) is up in arms against this ‘dishonouring’ and violent act against its women. When the culprit is ‘one of us’, the silence is chilling.

 

Vietnam: Escalating Persecution of Bloggers


Recent Arrests, Physical Attacks Require Strong Diplomatic Response
JUNE 19, 2013, HRW
Vietnam’s strategy of repressing critics big and small will only lead the country deeper into crisis. The latest arrests and assaults on bloggers show how afraid the government is of open discussion on democracy and human rights.
Brad Adams, Asia director

(New York, June 20, 2013) – The Vietnamesegovernment should unconditionally release recently arrested bloggers and end physical attacks on critics, Human Rights Watch said today. Vietnam’s donors and trading partners should publicly call on the government to end the use of the criminal law against peaceful activists.

Human Rights Watch called for the immediate and unconditional release of recently arrested bloggers Truong Duy Nhat and Pham Viet Dao, as well as internet activist Dinh Nhat Uy, and an investigation into allegations that police assaulted internet activists Nguyen Chi Duc, Nguyen Hoang Vi, and Pham Le Vuong Cac, whose security the authorities should protect.

“Vietnam’s strategy of repressing critics big and small will only lead the country deeper into crisis,” said Brad Adams, Asia director. “The latest arrests and assaults on bloggers show how afraid the government is of open discussion on democracy and human rights.”

Many of the arrests have come under Vietnam Penal Code article 258, one of several vague and elastic legal provisions routinely used to prosecute people for exercising their right to freedom of expression. Recent cases of arrest and assault include the following:

  • On May 26, 2013, Ministry of Public Security officers arrested blogger Truong Duy Nhat for “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens,” according to the Vietnamese newspaper Thanh Nien. The arrest at his home in Da Nang of the 49-year-old followed his posting on his popular “A Different Perspective” blog of a call for the resignation of Vietnamese Prime Minister Nguyen Tan Dung and ruling Communist Party General Secretary Nguyen Phu Trong, blaming them for leading Vietnam into worsening political and economic difficulties.
  • On June 7, 2013, five men believed to be police officers assaulted 26-year-old blogger Nguyen Hoang Vi (also known as An Do Nguyen) and legal activist Pham Le Vuong Cac on a Ho Chi Minh City street. According to Vietnamese bloggers, the attackers had been monitoring Nguyen Hoang Vi and her family for several days and beat her into unconsciousness, leaving wounds requiring hospital treatment. Nguyen Hoang Vi is a prominent Internet personality who was also attacked on May 5-6, 2013, after playing a leading role in an attempted “human rights picnic” in Ho Chi Minh City.
  • On June 13, police arrested 61-year-old blogger Pham Viet Dao at his Hanoi home, also for “abusing democratic freedoms,” according to an announcement by the Ministry of Public Security, thus signalling his likely prosecution under article 258. His website, like that of Truong Duy Nhat, had been critical of a number of Vietnamese political leaders.
  • On June 15, Dinh Nhat Uy was arrested pursuant to article 258. His younger brother,Dinh Nguyen Kha, had been sentenced to eight years in prison on May 16, 2013, for distributing leaflets critical of state foreign and domestic policies. Dinh Nhat Uy, 30, was arrested in Long An province after launching an Internet campaign calling for his brother’s release and posting pictures and notes on his Facebook account. He was accused of “distorting the truth and badly influencing the prestige of state organizations,” as the official news Agency VNA put it.

Article 258 is used to prosecute those whom the government maintains “abuse the rights to freedom of speech, freedom of press, freedom of belief, religion, assembly, association and other democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens,” and provides for up to seven years’ imprisonment for those who commit this supposed offense “in serious circumstances.” Vietnam’s politically controlled courts routinely apply such provisions to imprison people for peaceful expression.

The government is increasingly cracking down on criticism of corruption and authoritarianism, Human Rights Watch said. Those recently targeted represent a spectrum of public opinion, as Truong Duy Nhat, Pham Viet Dao, and Nguyen Chi Duc formerly worked for the ruling authorities, Truong Duy Nhat worked in the official media, Pham Viet Dao was a government official, and Nguyen Chi Duc was a member of the Communist Party. Dinh Nhat Uy, Nguyen Hoang Vi, and Pham Le Vuong Cac reflect dissent among those in the younger generation without such ties.

“Donors and trading partners need to stand with those in Vietnam struggling for their rights and make it clear that no one should be arrested or assaulted for their opinions,” Adams said. “They should insist that the only future for countries trying to develop and modernize is a free and open society in which the authorities accept that criticism is a normal part of the political process.”

Conduct fresh probe into Maruti violence, demands rights group #Ileadindia


The old logo of Maruti Suzuki India Limited. L...

 

NEW DELHI, June 20, 2013

 

Mohammad Ali

 

Accuses police investigations of being a “farce, pro-management”

 

A year after violence broke out at Maruti Suzuki’s plant in Manesar, in which company HR manager Awanish Dev died and several others were injured, the People’s Union for Democratic Rights has termed the police enquiry into the episode a “farce” and demanded a fresh probe.

 

Arguing that the July violence should be seen in the context of history of unfair labour practices and workers’ struggle at Maruti, the rights group said: “What makes the Maruti story extraordinary is certainly not the company and its cars, but the extraordinary struggle of its workers that has continued despite ruthless repression by the management and the police and failure of the labour department and the judiciary to provide any justice to them.”

 

While releasing its fact-finding report highlighting the episode’s implications, the rights group has demanded that investigation into the July 18 incident carried out by the Haryana Police should be nullified and a fresh investigation initiated by an SIT comprising police officers drawn from other States.

 

Differing from the police version of the events about last year’s violence, PUDR alleged that a large number of workers and their family members were harassed by the cops in the course of a “deeply flawed” investigation.

 

“As a result of the police investigation, workers were arrested, jailed, and have been denied bail till date. The company at the same time terminated hundreds of workers accusing them of involvement in the incident well before the police investigation was completed,” said PUDR secretary Ashish Gupta.

 

“The Haryana Police have been consistently acting in a partisan manner favouring the management since the incident, and therefore cannot be entrusted with this task. The lack of an independent investigation into the incident has amounted to grave miscarriage of justice, which is why we are demanding investigations into the role of hired bouncers, who were present at the spot, and also that of the Haryana Police officers responsible for violation of legal guidelines regarding arrest and for custodial torture of arrestees, and harassment of their family members,” he said. The fact finding report highlights “collusion” of the Maruti management, administration and police in workers’ harassment.

 

 

 

#India displaced women and children imprisoned for a month by #Vedanta and police #Vaw #WTFnews


Badapada:

Badapada: the jailed women and children tell their story

19th June.  This report, directly from a Foil Vedanta team on the ground in Niyamgiri, tells a shocking story of the month long imprisonment of a group of Dalit women and children displaced by Vedanta’s Lanjigarh refinery. The testimonies provide clear evidence of the collusion of Vedanta and police working as one, and show the callous nature of their outright disregard for human rights or basic morality. Foil Vedanta is now following this case up with local lawyers.

Please also see the video interview with Padma Tandi here.

On 10th June 2013, a team of three Foil Vedanta activists visited Badapada village in Lanjigarh. Badapada is a Dalit village, where the villagers had lost agricultural land to Vedanta when the company was establishing the Lanjigarh refinery. As a result of Vedanta not adhering to any of its resettlement promises, the villagers have registered an association called “Vedanta Land Loser’s Association”, to demand proper implementation of the rehabilitation processes and to seek accountability from Vedanta and the state for promises made to them before the refinery was set up on their land. Mr. Kumar, a retired school teacher, who is the President of the Vedanta Land Loser’s Association, told us,

 

Badapada women blockade the railway into Lanjigarh in May 2011

The agricultural lands of the Dalits in this village were taken away by Vedanta. We were promised Rs 3 lakh compensation, but the compensation provided to us has been a scam and very erratic, people have received varying amounts ranging from 25k to 1 lakh rupees. We have done so much Andolan. We have organised numerous demonstrations and rallies, we blocked the nearby railway line on one occasion. We have petitioned and submitted memorandums to everyone — the Chief Minister, the Governor, the Orissa Human Rights Commission, Jairam Ramesh, the Prime Minister Manmohan Singh. Still there has been no solution. No-one is listening to the poor. Everyone one is the company’s ‘dalal’ (agent). We have had to face so much pain and hardship because of Vedanta, and we are constantly threatened and harassed. The company has completely destroyed our lives. Our villagers were promised jobs in the refinery, till date it has not given anyone in the village even a coolie’s job. This company is full of lies. We do not have our lands anymore, and we do not have any jobs. How are we supposed to survive? Who will listen to the poor? Everyone has been bought by the company”

 

An incident of blatant human and child rights violation emerged from the village, adding to a series of incidents so far. The villagers informed us that twelve women from the village had been arrested on false cases on 7th April 2013. They had been kept in jail for one month and three days. What was most shocking was that there were also two minor children, both of two years of age who had also been kept in custody with their mothers during this period of time. This is a very serious violation by the Odisha state police. We immediately had a impromptu meeting of the ten women who had been arrested. Initially, the women were scared to give any statements, given their harrowing experience in jail. However, on being persuaded by other villagers, they opened up and provided us with some very shocking testimonies.

 

I am a widow, whose hardships have increased many fold ever since the company came here. I was walking around the refinery area, when I slipped and fell down, and hurt myself. The other women ran towards me to make sure that I was ok. Suddenly, several policemen arrived and started beating me. They also dragged and pulled the other women” —- Padma Tandi

 

We had ran to see if Padma was ok. Once the police arrived, they started manhandling us. There were two women police, but they were just standing by. The male policeman started dragging and pushing us, and pulled our hair. All of us were forcibly put inside a Vedanta vehicle. That was the most atrocious thing. Why was the state police dragging us into a Vedanta vehicle? If they had to arrest us, they should taken us in a police van, not in a Vedanta gaari! We were taken straight to the Bhawanipatna court.” – Kanchono Suna

 

They took two children also into jail. My son, Bulbul Nihal, two yrs and Aditya Nihal, son of Saraswati Nayak, also two yrs – were in jail with us. What crimes have these little children, who have just learnt to speak, committed? The police and company have no right to keep kids in jail like this!” – Doini Nihal

 

“ We have no proper information about the court case that has been registered against us. We saw our lawyer being paid money in the police station. The police and lawyers have been bought by the company. There is no-one to listen to the cries of the poor. When the police had taken us in the Vedanta vehicle on 7th April, which was a Sunday, we were told that we would be released by the following Tuesday, the 9th. However, we stayed in jail for a whole month and three days. The police and company is trying to scare us, to intimidate us, so that they can break our will, our voice and our struggle.” – Jamuna Durga

 

Following are the names of the women and children arrested by the police, as recalled by the villagers:

  1. Suryamukhi Tandey
  2. Saraswati Nayak and 2 year old child, Aditya Nayak
  3. Jamuna Durga
  4. Kanchona Suna
  5. Savita Harijan
  6. Babuli Harijan
  7. Maya Suni
  8. Guloni Harijan
  9. Neela Batisona
  10. Gourimoni Tandi
  11. Doini Nihal, and 2year old child, Bulbul Nihal

 

The women were also not provided the free legal aid they are legally supposed to have access to as Dalits. They stressed how they do not have the financial resources to engage with the legal process, and hence it is used a pressure tactic by Vedanta to silence voices.

 

Foil Vedanta members are now trying to get access to court documents on this incident, and we will be updating very soon in this regard.

 

Posted:  June 19th, 2013

 

#India – Property rights bill for slum dwellers sought


HYDERABAD, June 13, 2013

Staff Reporter, The Hindu 

Urban housing activists under the banner of the Campaign for Housing and Tenurial Rights (CHATRI) sought immediate enactment of property rights for slum dwellers as envisaged in the Rajiv Awas Yojana guidelines.

At a press conference on Wednesday, activists from Human Rights Forum and Montfort Social Institute’s Housing Rights Network among others, sought immediate tabling of the draft bill for the AP Property Rights to Slum Dwellers Act, 2011. The bill had been pending for the past two Assembly sessions, they said, and demanded that the authorities bring the legislation in the current session. The activists also wanted re-assessment of slums in the State, as many areas notified earlier no longer qualified as slums.

“Priority will be given to the already developed slums once funds begin to arrive from the Centre. We demand that priority in terms of energy and funds be given from bottom upwards,” said Director of the Montfort Social Institute, Varghese Thekanath.

Showing Keshav Nagar chosen for RAY pilot project as an example of official preferences, he said the colony did not qualify as a slum, as all the houses were built under Indira Awas Yojana, and each beneficiary already had pattas for 60 yards.

“The colony was built in 14 acres of prime land. Now all the houses will be demolished, for construction of G-plus-three houses within four acres. The remaining 10 acres will be at government’s disposal for allotment to commercial complexes,” Mr. Thekanath said.

‘Emulate T.N. model’

He also asked the State government to emulate the Tamil Nadu model and reduce beneficiary contribution to 10 per cent of the total cost, which again could be taken as contribution of direct labour, than cash.