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Bridge the Gap , Bring the Change
17 Jun 2013 3 Comments
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: Bangladesh, Delhi, Friday, Indo-Asian News Service, Police officer, Police station, Suicide, Vasant Kunj
13 Jun 2013 1 Comment
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: Anthony Kennedy, Arrest, DNA, Human Right, Kirity Roy, Krishnaganj, Police officer, Supreme Court
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1
Respected Sir
I want to inform you that this morning members of a Kolkata based network of women’s group; Maitree, assembled peacefully outside the residence of Chief Minister; Ms. Mamata Bannerjee to submit memoranda on recent incidents of gang rapes on two students at Barasat and Krishnaganj; Nadia. The activists were assembled with few placards on their hands and clarified their intention to the police personnel; guarding the residence of the Chief Minister. The activist also tried to hand over the same on 10th of June at Writers Buildings, when the Chief Minister refused to met the delegation. This time the activists wanted to draw personal attention of the Chief Minister but instead of making the arrangements for the same and receiving the memoranda, the posted police authority arrested 13 women activists having ample social reputation. The arrestees were Ms. Anuradha Kapoor, Ms. Swapna, Ms. Kakoli Bhattacharya, Ms. Anchita GHatak, Ms. Shyamali Das, Ms. Ratnaboli Roy, Ms. Sharmistha Dutta Gupta, Ms. Shreya Sanghari, Ms. Madhura Chakroborty, Ms. Shreya Chakroborty, Ms. Sudeshna Basu and Ms. Aditi Basu. All the arrestees were whisked to Lalbazar Central Lock Up.
The act of the police having clear instances from the state government is not only infringement of article 19 (a) and (b) of Indian Constitution which clearly sated that – All citizens shall have the right to freedom of speech and expression; and to assemble peaceably and without arms; but again during the arrest the police violated the mandatory 11 point guidelines on arrest as directed by the honourable Supreme Court in the case of DK Basu versus State of West Bengal; while arresting not furnished the arrest memos at the time of arrest. Later, the arrestees and other civil society organisations came to know that the police arrested the persons for violating section 151 of Criminal Procedure Code. Again, section 151 of CR. P.C (Arrest to prevent the commission of cognizable offences) clearly stated that ‘A police officer knowing of a design to commit any cognizable offence may arrest….’ the question is whether these persons were assembled there to commit any cognizable offence? The answer is no. Further, the Supreme Court in his judgement defined that in case of bailable offences, making an arrest is illegal. The said assemble of women activists was peaceful and they wish to met the Chief Minister and handed over her a memoranda, which was not an offence itself and otherwise well inside the domain of rights of the people.
While MASUM contacted the Lalbazar Central Lock Up at around 11.30 am and asked for the information of arrestees, the attending police officer only said that ‘yes there are few women activists inside the lock up but other relevant information is with Kalighat police station, we contacted the Kalighat police station just after, the attendant, one ASI, who was the duty officer at that time said the Officer in Charge only can put light on the arrest and subsequent detention and he has gone to Arambagh and will be back after an hour. The intention of police was evident that they don’t want to disseminate any information. When the last information came the bonds for release of the arrestees were getting ready at the Central Lock Up.
UN Declaration on HRD (2nd December 1998) states –
“Article 1
Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.
Article 2
1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political as well as other fields and the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all these rights and freedoms in practice.”
In this regard I want to recall you about your primary responsibility of promotion and expansion of human rights for the people and demand for:-
1. The Commission must take cognizance against the police and start a case on their own
2. Commission must inquire and investigate the incident on their own
3. The errant police must be booked under the law and be prosecuted
4. The arrestees must be compensated for their loss
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
National Convenor, PACTI
31 May 2013 Leave a comment
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law Tags: Andhra Pradesh, Chhattisgarh, Hindu, Maoism, Minapa, Police officer, Saturday, Sukma
Within 72 hours of Saturday night’s devastating Maoist strike, Chhattisgarh police have removed one of their biggest camps, from Minapa in Sukma district, located deep inside the forest, possibly fearing another attack. The camp was removed lock, stock, and barrel on Tuesday, 15 days after it was set up. Reportedly, it housed a thousand personnel.
Till last week, police officers were talking about the camp as a major strategic advance in the direction of the Andhra Pradesh border. But repeated firing by rebels on the camp had clearly put the police on the back foot.
Constables and junior officers on the ground believe that the Minapa camp, 50 km south of Sukma, had a vital link to the Darbha attack on Saturday, which saw the death of 27 Congress workers and leaders. “All attention was focussed on reaching supplies and facilities to Minapa,” said one officer.
Sources said the camp was a fine example of “horrendous planning.” It was set up even as the monsoon was approaching. “The camp should have been set up in October or November, so that it would have been well-established by the time the monsoon arrived,” said a constable.
The camp lacked even basic facilities such as toilets. There were no shade-trees to give cover — from rain, heat or stray firing. Personnel were spending their nights virtually in the open in an area largely controlled by Maoists.
Some constables told The Hindu that casualties were growing. “They went out to defecate and got shot. One died of bullet injuries and another got shot. One died of snake bite; there was no anti-venom available,” said one of them.
Constables alleged they were virtually left in the jungle to rot and die. “We were left in an open space, in the forest, in temperatures above 47 degrees, and told to set up facilities, to defend ourselves and go on the offensive. This was absurd,” said one.
Moreover, some of them were brought from the plains of Chhattisgarh. They had limited knowledge of the terrain and often suffered from dehydration. One officer said the camp was intended to be in place only for 15 to 20 days. “It was an experiment carried out to place an additional camp in the Maoist hotbed for two weeks during the Tactical Counter Offensive Campaign (TCOC) of the Maoists, so that we can engage them while they are busy planning,” he said. But the Maoist TCOC continues.
Director General of Police Ram Niwas defended the camp project. “We clearly achieved what we wanted to achieve. The Maoists were pushed back [during the TCOC],” he said.
Mr. Niwas was not ready to accept the views put forward by the constables. “There are officers with decades of experience who designed the plan and worked on it, and we achieved our target. If constables start finalising plans, how are we going to operate?”
30 May 2013 Leave a comment
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: abuse, Complaint, Detention (imprisonment), law, Police, Police officer, Rule of law, Supreme Court
MUMBAI: Citizens who have complaints about the high-handedness of policemen, unnecessary detention, physical abuse in custody, rape or sexual harassment or corruption will now have a forum where they can direct their grievances and get their complaints addressed.
To keep a check on severe abuse of authority by the police and secure the rights of citizens under the rule of law, the state has initiated the process of forming a police complaints authority.
“The formation of this authority will lead to a tectonic change in the functioning of the state’s police system. What is important is that the complaints authority can take suo-moto cognisance of the case and even forward a case directly to the DGP for action,” a senior government official said. MUMBAI: Citizens who have complaints about the high-handedness of policemen, unnecessary detention, physical abuse in custody, rape or sexual harassment or corruption will now have a forum where they can direct their grievances and get their complaints addressed.
In a bid to keep a check on severe abuse of authority by the police and secure the rights of citizens under the rule of law, the state government has initiated the process of forming a police complaints authority. This authority will also help release pressure off courts that are burdened by numerous litigations related to police issues.
Formed six years after the Supreme Court’s directive on police reforms in September 2006, the authority will deal with complaints against officers of all ranks. Further, it comes with teeth, as its recommendations against police officials will be binding on the agencies.
The complaints handled by the authority will be of specific in nature and include deaths in police custody, grievous hurt or injuries, rape or attempt to rape, arrest or detention without law and allegations of corruption.
The court has directed the state to form the authority by June 20, 2013.
“The formation of this authority will lead to a tectonic change in the functioning of the state’s police system. What is important is that the complaints authority can take suo-moto cognisance of the case and even forward a case directly to the DGP for action,” a senior government official said.
The state will be setting up a police complaints authority at the state level and the district level. While the state-level authority will look into complaints against officers of the rank of superintendent of police (SP) and above, the district authority will look into those against police officers up to the rank of deputy superintendent of police (DYSP).
A retired judge of the high court or Supreme Court will head the state-level authority and a district judge will chair the district panel. Both judges will be assisted by about three to five full-time members who will be retired civil servants, retired police officers or from the civil society.
27 May 2013 Leave a comment
in Advocacy, Human Rights, Justice, Kractivism, Law Tags: Chief of police, Kolkata, Kolkata Police, Kolkata Police Force, Opposition, Police, Police officer, West Bengal
May 26, 2013, TNN
Opposition parties, particularly the CPM and the BJP, which have planned such programmes on May 31 and June 1, called the decision “undemocratic”.
Though the police chief cited reasons such as lack of infrastructure and the harassment caused to people, it was clear that the government wants to avoid trouble ahead of the crucial panchayat polls in the state. It was during a law-violation programme in April that SFI leader Sudipta Gupta lost his life while being hauled to the Presidency jail. Recently, a law-violation programme by the SUCI led to chaos in central parts of Kolkata. A sub-inspector was seriously injured in the violence that broke out.
According to Purakayastha, Kolkata Police does not have “adequate” infrastructure to handle law-violation programmes during which political workers are found to jostle with the police before being overpowered and herded into waiting buses to be taken to the lock-up. In most cases, the police have to use force to bring the situation under control. Though the Kolkata Police possesses water cannons and other crowd-control equipment, none of these have ever been brought to use during such programmes.
The commissioner, however, said that the ban is temporary and will be in place till the police build up adequate infrastructure. He didn’t make clear what the government has in mind so far as augmenting the police force is concerned.
“We met representatives of all major political parties and requested them to not to organize law-violation programmes,” Purakayastha said. He did not clarify whether there would be any amendment in the present law. When asked whether it a request or an order, the commissioner said that it was an instruction from the city police. In addition to the ban on law violation, the Kolkata Police also renewed its ban on the holding political meetings at Metro channel. “For long, we have been requesting political parties not to organize any programme at Metro channel as this disrupts the normal movement of traffic in the heart of the city. Today, we once again reminded all political parties about the existing ban in the Metro channel,” a senior police officer said. Sources in the police, however, said that officers were working as per instructions from the ‘top’.
The decision resulted in severe criticism from Opposition parties. “Firstly, these are not called ‘law-violation’ programmes. Members of responsible political parties simply ‘court arrest’ when the government fails to protect the interest of citizens. When they police says that it can’t handle such programmes, one wonders what it will do against people who break the law and try to get away. No wonder, the law and order situation in the state is in a mess. This is not a police decision. It is a decision taken by the state government to curb the rights of people,” said CPM leader Md Salim.
State BJP president Rahul Sinha said that the government is gradually trying to implement an ‘undeclared emergency’. “It wants to choke the Opposition‘s voice. We shall hold our programme as per schedule,” he said. West Bengal Pradesh Congress Committee president Pradip Bhattacharya also said that his party wouldn’t abide by such instructions.
02 May 2013 4 Comments
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: All India Institute of Medical Sciences, Complaint, Delhi, Police officer, Rape, Tuesday, Types of rape, Wednesday
May2, 2013
A 22-year-old woman accused five people, including two of her brothers-in-law, of raping her in south Delhi, police said on Wednesday.
In her complaint to police, the young woman alleged that she was gangraped by the five men late Tuesday night. The three others involved in the crime were friends of her brothers-in-laws, police said. The accused have all been arrested.
According to the woman, a resident of RK Puram, the men came to meet her husband for some personal work on Tuesday night. The woman said her husband was not at home at the time, but when she returned to her house, she found the men drinking alcohol there.
Women protest the 16 December Delhi gangrape. AP
“She left to go elsewhere, but the men overpowered her and took her to an empty plot,” a police official said, quoting victim’s complaint.
“They snatched her bag and took turns to rape her. The woman somehow fled and sought help from a passerby who made a call to the police control room,” the official said.
“She was rushed to AIIMS Trauma Centre for medical examination. Her medical examination confirmed gangrape,” the officer said, quoting the woman’s complaint. On the basis of her statement, the police officer said, a case of gangrape was registered.
The accused were arrested after late-night raids, and presented before a magistrate who sent the five to judicial custody for 14 days, the officer said.
PTI
22 Apr 2013 Leave a comment
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: Crime, Delhi, Delhi Police, Gandhinagar, Police officer, Police station, Rape, Supreme Court of India, Types of rape, Violence against women
Prevent and Respond to End Violence against Women and Girls
We, the undersigned women’s organizations and concerned citizens, express our strong condemnation of the rising incidence of heinous crimes against women and girls in Delhi. This continues in spite of an unrelenting campaign by women’s groups and civil society over the past many months. The recent rape and sexual torture of a 5-year old girl in Delhi once again highlights that the police and administration continue to respond to crimes against women casually, in gross violation of the law.
Delhi and the National Capital Region is not a safe place for women and girls, either inside the home, in workplaces or on the streets. This is evident from the ever-increasing incidents of rape and other sexual crimes against women and girls. This is a shameful indicator of the inadequate response and abject failure of State agencies to uphold the rights and safety of women. It is time that the government and its entire machinery, including the police, institute mechanisms and practices that will end impunity for all forms of violence against women..
We call on the Delhi Police to carry out efficient and time-bound investigations and take measures to ensure a speedy trial leading to stringent punishment in all cases of sexual violence. The police must also ensure that they take urgent necessary steps to ensure a competent, legal and sensitive responses by its personnel at all levels. We can wait no longer.
We demand that the following measures be undertaken by the police authorities on an emergency basis:
1. Registration of a case under Sec. 166A IPC against the Investigating Officer of P.S. Gandhinagar , for not investigating the case of sexual violence in accordance with law.
2. Action against supervising Police Officers – SHO – for failure to discharge their responsibility in supervising the investigation.
3. Action against all concerned police personnel of P.S. Gandhinagar, for failure to comply with the directive of the Supreme Court of India to immediately register a case of a ‘missing child’ and promptly investigate the same.
4. Investigation into the allegation of bribe to the parents to hush up the case.
5. Standardized investigation procedures to be circulated to all police stations, with action taken against police personnel who do not implement them properly;
6. Increased sensitization, effective investigation and accountability of the police at all levels in dealing with all crimes against women and girls.
7. Immediate relief, legal and medical assistance, and long term rehabilitation measures including counselling to be provided to survivors of rape, through necessary referrals and without delays.
8. Ensure that all areas that are vulnerable and unsafe be referred to the appropriate authorities to improve infrastructure to make cities safer for women and girls.
and many women and progressive organiations
20 Apr 2013 3 Comments
in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights Tags: Bihar, Delhi, discrimination, gender, Human Rights, India, New Delhi, Police, Police officer, Ranjeet, Rape, Saturday, Supreme Court, Wednesday, Women Rights
IANS New Delhi, April 20, 2013
Three of the eight men have been arrested.
The victim and her 12-year-old brother were abducted by two men known to her on March 15 from outside her house at Farsh Bazar area in east Delhi and taken to Loni in the city outskirts, where she was gangraped by the eight, a police officer said.
Police arrested three accused – Deepak, 21, Ranjeet (20) and Sohan Lal (24) – Saturday, following medical examination of the victim April 15.
The victim is undergoing treatment at the Hedgewar Hospital in east Delhi.
According to a police officer, the father approached police after she went missing, but did not file a rape complaint after she returned home.
A search is on to nab the other accused, the officer added.
Meanwhile, the girl’s family alleged that police had refused to lodge their complaint.
On March 24, the girl returned home and the family approached the police, the mother said.
Failing to get any response from police, the family approached the local court April 9 which then ordered police to lodge a rape case.
The five-year-old girl was brutally raped for two days and kept without food and water in a room in which the accused, her neighbour, lived. She was rescued Wednesday when her family heard her screams. The accused has been arrested from Bihar.
Delhi has seen 393 rapes in the first three months of the year.
20 Apr 2013 2 Comments
in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Violence against Women, Women Rights Tags: All India Institute of Medical Sciences, Delhi, Delhi Police, Department of Police Delhi, Police, Police officer, Police station, Protest
A five year old girl is now in a critical condition in a Delhi hospital after being brutalized and raped by a neighbour. The Delhi police, which has dealt with the situation with its characteristic incompetence, first refused to file an FIR when her parents went to the police station, and then, tried to bribe the girls parents with two thousand rupees so as to ‘hush them up’. Subsequently,a young woman who tried to protest against the behaviour of the police at the Dayanand Hospital were the girl was initially taken for treatment was slapped by a policeman, an Assistant Commissioner of Police, in full public view. His actions have been recorded on video. It is believed that the policemen who tried to bribe the victim’s parents and the policeman who slapped the young woman have been suspended.
But can the suspension of a few individuals address what is obviously a deep rooted culture of misogyny within the Delhi Police? Is more severe and strict action that goes right to the top and to the source, not necessary in order to send a signal that this kind of behaviour within the police force cannot be tolerated? Must Delhi’s police commissioner not be compelled to resign, for his abysmal failure in terms of dealing with sexism and for failing to address the contempt for citizens that is now clearly endemic to the Delhi Police’s work culture?
Can we take this daily routine of insults lying down? How long can this continue?
The young women and men of Delhi displayed exemplary fortitude and courage in the days following the tragic events of December last year when they took on the full might of the administrative, police and political apparatus in solidarity with the suffering that one of their own had to undergo. Clearly their coming out on to the streets has not changed anything insofar as the conduct of those in power is concerned. There has to be a change of plan.
A protest is planned today in the morning at 11 am in front of the Police Headquarters at ITO in Delhi. It would be good to see a lot of people turn up and say to the police that they have just had enough now.
Perhaps it is time to hand out an ultimatum. Either those at the helm of the Delhi Police offer time bound, concrete plans for how they intend to take steps that will ensure that policemen behave themselves while dealing with citizens, especially young woman, either the police commissioner resigns, or is hounded out of office, or the young people of this city take it upon itself to teach these hooligans in uniform, regardless of their rank, a lesson that they will not forget, in a manner, and at a time of their choosing. Care must be taken to ensure that protests do not turn violent, for that would be pointless. But there are many other ways, besides violence, of turning this city ungovernable, if the police and the administration once again demonstrate that they don’t really care about our lives, our rights, our dignity.
We have had a winter of discontent. Could this now be the beginning of a summer of open, outright rebellion? Only the coming days can tell.
18 Apr 2013 3 Comments
in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Minority Rights, Violence against Women, Women Rights Tags: Delhi, India, Monday, New Delhi, Police officer, Police station, Rape, Sarojini Nagar, Types of rape, Wednesday
Dwaipayan Ghosh, TNN | Apr 18, 2013,
Two teenagers, including a Class 10 student, were apprehended for allegedly molesting a 27-year-old woman tutor in a moving bus in northwest Delhi’s Rohini on Monday evening. The cops nabbed the duo who, they said, were over 18 years old. While one of the two studies in Class 10, the other works as a labourer.