Clouds of Injustice Bhopal Disaster 20 years on by Amnesty International
Twenty years ago around half a million people were exposed to toxic chemicals
during a catastrophic gas leak from a pesticide plant in Bhopal, India. More than
7,000 people died within days. A further 15,000 died in the following years. Around
100,000 people are suffering chronic and debilitating illnesses for which treatment is
largely ineffective.
The disaster shocked the world and raised fundamental questions about
corporate and government responsibility for industrial accidents that devastate
human life and local environments. Yet 20 years on, the survivors still await just
compensation, adequate medical assistance and treatment, and comprehensive
economic and social rehabilitation. The plant site has still not been cleaned up so
toxic wastes continue to pollute the environment and contaminate water that
surrounding communities rely on. And, astonishingly, no one has been held to
account for the leak and its appalling consequences.
Close Encounters- A Reports on Police Shoot Outs in Delhi-2004 by PUCL
On 31 March 1997 two businessmen were shot dead in breu daylight by the Delhi Police in New Delhi’s busy Connaught Place. The two men were unarmed and the police team involved planted some guns to show the killing was justified. After being caught out in the attempt, the killing was later presented as a case of ‘mistaken identity.
On 26 December 2000 one person, Abu Shamal, was picked up by the police in front of witnesses from his Batla House residence in Okhla, New Delhi and later shot dead by the police. The police alleged that he had been involved in the bomb blast in the Red Fort on 22 December 2000.
On 11 January 2002, a youth named Upender, wanted by the U.P police, was picked up by the police at night and killed outside his house in Delhi’s Pandav Nagar area in front of eyewitnesses.
On 9 May 2002, two persons named Abu Bilal and Abu Zabiullah were shot dead near the parking lot of Humayun’s tomb. The police claimed that the dead men were Pakistani militants, who with 3 Kashmiri LeT militants were planning a series of terrorist attacks There were no eyewitnesses.
Fact Finding Report on Salwa Judum-2007 in Bastar Chattisgarh by IAPL
The International Association of People’s Lawyers (IAPL) is an international organi zation of human rights lawyers mostly coming from countries where exploitation is most severe, humanghts violations are widespread and the peoples’ struggles most intense. It has mem bers and chapters in Afghanistan, Brazil, Belgium, India, Nepal, Philippines, the Netherlands, and Turkey. It has observers and established solidar ity linkages with lawyers from Argentina, Aus tralia, Bangladesh, Canada, Colombia, Congo, Cuba, Japan, Germany, Greece, Mexico, South Korea, North Korea, Spain, United Kingdom and The United States.
Chhattisgarh an Indian State in conflict
In October 2007, the Indian Chapter of IAPL or ganized a Fact Finding Mission to observe and report on the situation in Chhattisgarh, a highly militarized area in the centre-castern part of India. The Fact Finding Mission was composed of some of the IAPL. Board Members as well as members of the Indian Association of People’s L Lawyers the Indian Chapter of IAPL. A video tea joined the Fact Finding t team Mission. The Mission was com posed of participants coming from Belgium, Bra zil, the Netherlands, the Philippines, Turkey and India. They visited Raipur, Jagdalpur, Dantewara, and surrounding rural areas from 22nd October to 26th October 2007,
Human Rights in India by ACHR 2009
The Asian Centre for Human Rights(ACHR) publishes its 2009 Annual Report
on Human Rights in India asthe Congressled United Progressive Alliance government assumes its second term following the elections. The findings of the report are a clear challenge to the new government. ACHR argues that the new government must find new answers to the growing security problem arising out of the Naxalism. Current security-driven responses are not working; indeed they may even be counter-productive. The report suggests that the root causes of Naxal violence, discrimination, marginalisation and exclusion must be addressed. There is an imperative need for the government to address security concerns. However, security responses of the government, whether state or central, have been resulting in human rights violations against local populations; this state violence has been feeding support for Naxalism.
The State of Human Rights in India in 2012 by AHRC
This year, there has been no remarkable improvement in the human rights scenario in India. On the contrary, the year continued to witness widespread human rights abuses in the country, peppered with scandals of corruption of catastrophic proportions. This included justice and regulatory institutions, and takes in its sweep political parties of all shades and shapes. India failed to bring about any commendable
administrative or legislative change that could deter the corrupt.Governments, state and central, failed to address the immediate and important reforms required within the law-enforcement mainframe in the country, rendering the agencies to be one of the most corrupt,
inept, and feared organs of the state, once again underlining the fact that the concept of the rule of law is replaced by a rule by fear in India. The Asian Human Rights Commission (AHRC) has documented more
than four dozen cases of custodial violence from India this year, of which the state police have been, in almost all cases documented, found to be responsible for violating fundamental human rights of the
people, and shameful brutality in the form of custodial torture and extrajudicial executions.
Human Rights Watch Report-2010
Human Rights Watch is one of the world’s leading independent organizations dedicated to defending and protecting human rights. By focusing
international attention where human rights are violated, we give voice to
the oppressed and hold oppressors accountable for their crimes. Our
rigorous, objective investigations and strategic, targeted advocacy build
intense pressure for action and raise the cost of human rights abuse. For
over 30 years, Human Rights Watch has worked tenaciously to lay the
legal and moral groundwork for deep-rooted change and has fought to
bring greater justice and security to people around the world.
Human Rights Watch began in 1978 with the founding of its Europe and
Central Asia division (then known as Helsinki Watch). Today, it also
includes divisions covering Africa, the Americas, Asia, and the Middle
East and North Africa; a United States program; thematic divisions or
programs on arms, business and human rights, children’s rights, health
and human rights, international justice, lesbian, gay, bisexual and
transgender rights, refugees, terrorism/counterterrorism, and women’s
rights; and an emergencies program. It maintains offices in Amsterdam,
Beirut, Berlin, Brussels, Cairo, Chicago, Geneva, Johannesburg, London,
Los Angeles, Moscow, New York, Paris, San Francisco, Tokyo, Toronto,
Washington DC, and Zurich, and field presences in around a dozen more
locations globally. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals
and foundations worldwide. It accepts no government funds, directly or
indirectly.
Human Rights, Terrorism and Security Laws in India 2006
In 2004, India took a significant step forward for human rights by
repealing the Prevention of Terrorism Act of 2002, which had established a
permissive set of legal rules to prosecute acts of terrorism largely outside the
ordinary rules of the regular criminal justice system. While POTA itself was
enacted in the aftermath of the major terrorist attacks of 2001 in both the
United States and India, the statute built upon a long tradition of antiterrorism
and other security laws in India dating since well before independence.
While India has faced serious threats from terrorism and other forms of
politicized violence for decades, these special antiterrorism laws have not
proven particularly effective in combating terrorism. Terrorism has persisted
as a problem notwithstanding these laws, under which few of the individuals
charged have been convicted.
Moreover, like antiterrorism laws in other countries, including the
United States, aspects of India’s antiterrorism laws have raised significant
human rights concerns. Some of those concerns have remained even in the
aftermath of POTA’s repeal, since the Indian government has preserved
many of the law’s provisions in other statutes. Other, similar laws also
remain in place at both the central and state levels, such as the Unlawful
Activities (Prevention) Act. Attentiveness to these human rights concerns is
not simply a moral and legal imperative, but also a crucial strategic
imperative. As the Supreme Court of India has recognized, “[t]errorism often
thrives where human rights are violated,” and “[t]he lack of hope for justice
provides breeding grounds for terrorism.” Since terrorists often deliberately
seek “to provoke an over-reaction” and thereby drive a wedge between
government and its citizens – or between ethnic, racial, or religious
communities – adhering to human rights obligations when combating
terrorism helps to ensure that advocates of violence do not win sympathy
from the ranks of those harmed and alienated by the state.
Nobody’s Children: Juveniles of Conflict Affected District of India by ACHR
In the wake of the gruesome rape of a young woman on 16th December 2012 in Delhi,
a heated debate has been raging at national level with respect to lowering the age of
juveniles to 16 years. On 27th February 2013, the Minister for Women and Child Development told the Rajya Sabha, “We are not changing the age of juvenile as defined in
the juvenile justice act, as it may hurt the larger interests of children in the country. All those under 18 years of age are juvenile.” The Criminal Law (Amendment) Bill, 2013 passed
in the Lok Sabha on 19 March 2013 retained the age of consent for sex to 18 years.
However, there are 197 districts in India which are officially notified as affected by
internal armed conflicts and the edifice of the juvenile justice does not exist in these
districts. Children, irrespective of their age, in these districts are treated as adult. They
are routinely subjected to gross human rights violations including arbitrary arrest and
detention, torture, extrajudicial executions and sexual assaults as part of the counterinsurgency operations. Juveniles in these districts are denied access to juvenile justice
unlike their counterparts in rest of the country.
The 197 districts which have been notified as c
Amendments to Criminal Law: Justice Verma Report-2012
The constitution of this Committee is in response
to the country-wide peaceful public outcry of civil
society, led by the youth, against the failure of
governance to provide a safe and dignified environment for the women of India, who are
constantly exposed to sexual violence. The immediate cause was the brutal gang rape of a
young woman in the heart of the nation’s capital in a public transport vehicle in the late evening of December 16, 2012. We refrain from saying anything more about the incident, which is sub judice for the trial in a court of law for the offences
committed by the rapists. It is unfortunate that such a horrific gang rape (and the subsequent death of the victim) was required to trigger the
response needed for the preservation of the rule of
law—the bedrock of a republic democracy. Let us hope that this tragedy would occasion better governance, with the State taking all necessary
measures to ensure a safe environment for the women in the country, thus preventing the recurrence of such sexual violence.The urgency of the matter impelled the Committee
to undertake the performance of the assigned task within the short period of 30 days to enable the authorities, with all their resources, to take the necessary follow up action within a further 30-day
period, so that the same or a substantial portion of
the same may be completed before commencement of the next session of the Parliament, which, we hope, will undertake the needed legislative exercise recommended by this Committee.
Kashmir Half Widow, Half Wife: APDP Report-2011
Women whose husbands have been subjected to enforced
‘disappearances’i
are often called ‘half widows,’and hereinafter
referred to as such. Half widows illustrate one of the starkestforms of the general insecurity in Kashmir.ii An in-depth analysis of the history of the dispute is outside the scope of this report but understanding the situational backdrop is imperative for
contextualizing the issues highlighted and discussed herewith. Kashmir has signified a major source of tension between India
and Pakistan since 1947, and has seen armed conflict since
1989.iii
Currently, 400,000 to 750,000 (the exact number remains
unknown and disputed) Indian military and paramilitary remain
in Kashmir, making this one of the world’s most militarized
regions.iv By the government’s own estimates, the number of
active militants is below 500.v
The Indian government has passed
security legislation—such as the Disturbed Areas Act, the Armed
Forces (Special Powers) Act, and the Public Safety Act—giving
military and police forces special powers to suppress insurgency
and maintain a fortified presence in the region.vi
Indian forces have been accused (by Kashmiri, Indian and
international civil society)vii of human rights abuses against
civilians since 1989. By conservative estimates, 22 years of strife
have seen more than 70,000 deadviii and more than 8,000
disappeared.ix In the face of these violations, failures in the
justice mechanisms—in the state judiciary,x
military tribunals,
and State Human Rights Commissionxi—amount to impunity.
Alleged Perpetrators – Stories of Impunity in Jammu and Kashmir
We are grateful to those whose work and commitments have enabled the International Peoples‘ Tribunal on
Human Rights and Justice in Indian-administered Kashmir [IPTK] and the Association of Parents of Disappeared Persons [APDP], and for the courageous support and cooperation that IPTK / APDP have received from members of marginalized communities, including and especially women and youth.
IPTK / APDP thanks concerned citizens, activists, scholars, journalists, lawyers, students, members of labour unions, grassroots leaders, and those affiliated with local civil society organizations, for generously sustaining and making possible our work.
We acknowledge the solidarity of international human rights and social justice organizations and institutions, scholars, lawyers working with international humanitarian law, civil liberties and democratic
rights groups in India, and advocates working with the survivors and victims in other conflict areas, and those in principled dissent to injustices perpetrated by states and groups.
Kashmir Shopian Mass Rape and Murder Report-2009: Independent Women’s Initiative for Justice
In the afternoon of 29 May, 2009, two young women left home for their orchard. Neelofar and Asiya were sisters-in-law. Neelofar had married Asiya’s brother Shakeel, and had an infant son. Asiya a schoolgoing teenager aspired to become an engineer. In the evening Shakeel learnt that Neelofar and Asiya had not returned home. These are trying times in Kashmir, and there is much cause for concern when people do not return home before dark. Shakeel began his search with friends and family. As night set in, Shakeel sought the help of the police and together they scoured the countryside.
The way to the orchard is crowded with the security forces – the District Police Lines, an army outpost
and a CRPF camp, with night lights. The Rambi Ara Nallah that runs through is clearly visible to the
lookouts in the CRPF camp, under the glare of the search lights. Before the Justice Jan Commission, the night guards, stated they had seen the search party, but conveniently noticed nothing for the rest of the
night, and had no explanation for the mysterious appearance of the bodies. The police called off the search at 2.30 a.m. promising to restart at the crack of dawn. Around 5.30 a.m. Shakeel resumed the search. An hour later the local police joined and almost immediately the SHO Shafeeq Ahmed pointed out the spot where Neelofar’s body was found. Neelofar’s body was found at a shallow spot which is located about 100 mtrs upstream from Zavora bridge over the Rambi Ara Nallah.
It was observed by Justice Jan in the First Spot Inspection that the depth of the stream around the spot would be 2 -2.5 feet, with reasonably fast flowing water, but certainly not strong current to drown an
adult girl. It is pertinent to note that this exact spot had been thoroughly searched by the family and police till 2:30a.m.
Asiya’s body was found further downstream, 1.5 km from the army camp. The exact spot is 1.5 km down stream from Zavora bridge. The dead body was found at an elevated dry spot in the stream.
Law Commission on Media Trial-2006
I have great pleasure in presenting to you the 200
th Report of the Law
Commission on “Trial by Media: Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971)”. The subject
was taken up suo motu having regard to the extensive prejudicial coverage
of crime and information about suspects and accused, both in the print and electronic media. There is today a feeling that in view of the extensive use
of the television and cable services, the whole pattern of publication of
news has changed and several such publications are likely to have
prejudicial impact on the suspects, accused, witnesses and even Judges and
in general, on the administration of justice. According to our law, a
suspect/accused is entitled to a fair procedure and is presumed to be
innocent till proved guilty in a Court of law. None can be allowed to
prejudge or prejudice his case by the time it goes to trial.
Art. 19(1)(a) of the Constitution of India guarantees freedom of
speech and expression and Art. 19(2) permits reasonable restrictions to be
imposed by statute for the purposes of various matters including ‘Contempt
of Court’. Art. 19(2) does not refer to ‘administration of justice’ but
interference of the administration of justice is clearly referred to in the
definition of ‘criminal contempt’ in sec. 2 of the Contempt of Courts Act,
1971 and in sec. 3 thereof as amounting to contempt. Therefore,
publications which interfere or tend to interfere with the administration of
justice amount to criminal contempt under that Act and if in order to
preclude such interference, the provisions of that Act impose reasonable
restrictions on freedom of speech, such restrictions would be valid.
Maharashtra Dhule Riots-2013 Fact Finding Report: ANHAD Finding Report: ANHAD
Dhule has been in news for past 10 days. It has been reported in the media that, a small altercation in Dhule led to an event leading to violence between Hindus and Muslims. As such death of 6 innocent
youth and injuries to several more and massive loss of properties, burning of houses has taken place.
The worst part of the episode is that all this has taken place with police force being very much around.
Contrary to official reports, the people in the area stated that the behavior of police was very biased
against the Muslim minorities. All the youth who died were Muslims. Most of the houses which were
burnt belonged to the Muslims.
In the light of the disturbing reports and communications from the local activists we decided that a
citizen fact finding committee should visit the Dhule, to investigate and present the facts objectively.
The citizens Fact Finding Committee consisting, of Shabnam Hashmi – social activist, ANHAD
Delhi, Prof Ram Puniyani of All India Secular Forum, Prof Apoorvanand of Delhi University, Adv
Nihalsing B Rathod – Human Rights Law Network, Manan Trivedi, Dev Desai, Tanvi Soni, Arma
th th from ANHAD, Gujarat and Azharfrom Jalgaon, visited Dhule on 13 and 14 January 2013.
Millenium Development Goals Report-2014: UN
At the turn of the century, world leaders came together
at the United Nations and agreed on a bold vision for
the future through the Millennium Declaration. The Millennium Development Goals (MDGs) were a pledge to uphold the principles of human dignity, equality and
equity, and free the world from extreme poverty. The
MDGs, with eight goals and a set of measurable timebound targets, established a blueprint for tackling the
most pressing development challenges of our time.
This report examines the latest progress towards
achieving the MDGs. It reaffirms that the MDGs
have made a profound difference in people’s lives.
Global poverty has been halved five years ahead of
the 2015 time frame. Ninety per cent of children in
developing regions now enjoy primary education, and
disparities between boys and girls in enrollment have
narrowed. Remarkable gains have also been made in
the fight against malaria and tuberculosis, along with
improvements in all health indicators. The likelihood of
a child dying before age five has been nearly cut in half
over the last two decades. That means that about 17,000
children are saved every day. We also met the target
of halving the proportion of people who lack access to
improved sources of water.
Mishra Commission Report on Minorities-I
The Commission and its Task
On 29th October 2004 the Government of India
resolved to constitute a National Commission consisting of (i) a Chairman, (ii) three Members – one of them being an Expert in Constitution and Law – and (iii) a Member-Secretary with administrative experience, to be entrusted with the following Terms of Reference:
(a) to suggest criteria for identification of socially and economically backward sections among religious and linguistic minorities;
(b) to recommend measures for welfare of socially and economically backward
sections among religious and linguistic minorities, including reservation in
education and government employment; and
(c) to suggest the necessary constitutional, legal and administrative modalities
required for the implementation of its recommendations.
Mishra Commission Report on Minorities-II
1. The Government of India have constituted the National Commission for Religious and Linguistic Minorities through a Resolution, dated 29th October, 2004 to determine the criteria for identification of socially and economically backward sections among religious and linguistic minorities and to suggest measures for their welfare. This Commission consists of a Chairperson, three Members and a Member-Secretary.
The Terms of Reference of the Commission are:
(i) to suggest criteria for identification of socially and economically backward sections among
religious and linguistic minorities;
(ii) to recommend measures for welfare of socially and economically backward sections among
religious and linguistic minorities, including reservation in education and government
employment;
(iii) to suggest the necessary constitutional, legal and administrative modalities, as required for the
implementation of their recommendations and to present a report of their deliberations and
recommendations.
Nanavati Commission Report On Sikh Massacre 1984
The assassination of Prime Minister Smt. Indira Gandhi on 31-10-1984, by her
two Sikh security guards, led to violent attacks on Sikhs and their properties in Delhi and
other parts of the country. The incidents of violence in Delhi started from the evening of
31-10-84. During the following two days fierce violence was let loose on the Sikhs and
their properties. Hundreds of Sikhs were killed. Several others were injured. Their
properties were looted and burnt on a very large scale. Though the incidents of violence continued till 5-11-84 the situation started improving from 3-11-84. As a result of these
riots, hundreds of Sikhs had to leave their homes and take refuge in relief camps or in
other safer places. Many Sikh families lost their male members and thus suffered great
emotional and heavy financial loss. Bokaro Tehsil, Chas Tehsil and Kanpur were also
badly affected. The Home Minister made a statement on the floor of the Rajya Sabha that
the number of Sikhs killed in Delhi during November 1984 riots was 2146; 586 persons
were said to have been killed in other parts of the country during that period.
Working Group of NIC: To Study on Reports of the Riot-2007
Hon’ble Prime Minister Dr. Manmohan Singh while inaugurating the
13th Meeting of the National Integration Council (NIC) highlighted the
inherent resilience of our nation, whereby democracy as a form of
government for over a billion people with different cultures, religions and
languages remained inviolate despite the worst predictions of the cassandras
of catastrophe. The wonderful open-mindedness which enabled all religions
of the world to find a place under the Indian sun and the spirit of tolerance
which characterized our society for centuries has woven a vast and diverse
mosaic into a secular unity. If we are not to fritter away these gains of
centuries, for which others yearn all over the world, we must nip in the bud
any threat to our secular fabric and nurture jealously our spirit of communal
harmony.
Neemesh Commission Report on Khalid Mujahid & Tariq Qasmi
6दनांक 22-12-2007 को सबह 6.15 बजे बाराबंक1 रेलवे
टेशन के बाहर दो Uयि8त पकड़े ु गये, िजनम2 से
एक खा5लद मजा6हद प ु ”
व.जमीर म ु जा6हद के कWजे से 9 अदद िजले6टन राड पैक श ु दा, तीन अदद
ट/ल ु कलर डेटोनेटर, एक अदद नोYकया मोबाइल व 5सम काड तथा दसरे तारक कासमी प ू ” ी रयाज अहमद के ु
कWजे से 3 अदद डेटोनेटर, पाल/Eथन म2 5लपटा हुआ आर.डी.ए8स., एक अदद नोYकया मोबाइल व 5समकाड
बरामद होना बताया जाता है। जबYक तारक कासमी का कहना है Yक 6दनांक 12-12-2007 को वह अपने
अजहर यनानी दवाखाना ि
थत शंकरप ू र रानी क1 सराय चेक पो
ट से आगे सराय मीर क1 तरफ अपनी ु
पेल2डर मोटर साइYकल य.पी.50एन ू /2943 से जा रहा था, तो सफे द रंग क1 टाटा समो गाड़ी ने ओवरटेक कर ू
]कने व मर/ज देखने को कहा। टाटा समो गाड़ी से 9-10 लोग क ू ूद कर उसके पास आये उसे मोटर साइYकल
से उठाकर सम; म2 डाल 6दया और दो लोग; ने उसक1 मोटर साइYकल पकड़ 5ल ू या। शोर मचाने पर टाटा समो ू
वाल; ने उसे मारापीटा, मौके पर बहुत लोग आ गये और टाटा समो क1 तरफ दौड़े और इस बीच एक रोडवेज ू
बस भी आयी। उसे टाटा समो सवार लोग बनारस के खामोश इलाके म2 ले गये एक कमरे ू म2 रखा और शाम
तक वह/ं रखने के बाद उसे टाटा समो से लखनऊ लाये, जहां उसे एक मकान म2 बंद रखा। उसे आतंक ू वाद/
बताया, उसे मारा-पीटा व आbखर म2 रचे गये षड़यं” के अनसार उसे और मोह3मद खा5लद म ु जा6हद को एक ु
गाड़ी म2 बैठाकर उसे लखनऊ से सबह 4 बजे रवाना ह ु ुए व ऐसी जगह ले गये जहां dेन; क1 आवाज आ रह/
थी, िजससे लगा Yक रेलवे
टेशन है। लगभग सबह 6 बजे प ु 5लस
टेशन ले जाया गया, जहां 5 5मनट ु
उतारने के बाद Yफर गाड़ी म2 बैठा कर एक सरकार/ गे
ट हाउस म2 जाया गया और सादे कागज पर ह
ताeर
कराये व हाथ पैस के नशान 5लये गये। इसके अतर8त मोह3मद खा5लद मजा6हद का कथन है Yक उसे ु
6दनांक 16-12-2007 को जब वह म#नु चाट वाले क1 द ू कान पर गया उसक1 मां ने ब ु ला 5लया 8य;Yक उसक1 ु
पोती को नजर लग गई थी वहां एक गाड़ी आकर खड़ी हुई उसम2 से कुछ लोग नकले जबरद
ती उठाकर गाड़ी
म2 डाल 6दया, मुंह म2 कपड़ा ठूंस 6दया और उसे लखनऊ ले आये। उसे मारा-पीटा और कहा Yक कचेहर/ बम
Wला
ट म2 अपना जम
वीकार कर लो नह/ं तो त ु 3हार/ मां-बीबी को उठा लाय2गे व त ु 3हारे घर वाल; को जान ु
से मार द2गे। उसे मजबरन वह सब क ू ुछकरना पड़ा फर उसक1 वीiडया Yफjम बनायी गई और अलग से
रकॉड भी Yकया गया। उसक1 आँख पर पmी बांध कर कुछ चीज2 हाथ म2 पकड़ायी गयी। उसका यह भी कहना
है Yक 6दनांक 22-12-2007 को बाराबंक1 ले जाया गया हाथ पैर के उंग5लय; के नशान 5लये। गलत इjजाम
लगाया गया और Eगरnतार/ 6दखाई गयी।
Paid News: Press Council Sub-Committee Report 2010
“Paid News”:
How corruption in the Indian media undermines democracy
Preface
The fifteenth general elections to the Lok Sabha took place in April-May 2009 and in
order to ensure free and fair coverage by the media, the Press Council of India issued
guidelines applicable to both government authorities and the press. After the elections, a
disturbing trend was highlighted by sections of the media, that is, payment of money by
candidates to representatives of media companies for favourable coverage or the
phenomenon popularly known as ―paid news‖.
The deception or fraud that such ―paid news‖ entails takes place at three levels. The
reader of the publication or the viewer of the television programme is deceived into
believing that what is essentially an advertisement is in fact, independently produced
news content. By not officially declaring the expenditure incurred on planting ―paid
news‖ items, the candidate standing for election violates the Conduct of Election Rules,
1961, which are meant to be enforced by the Election Commission of India under the
Representation of the People Act, 1951. Finally, by not accounting for the money
received from candidates, the concerned media company or its representatives are
violating the provisions of the Companies Act, 1956 as well as the Income Tax Act,
1961, among other laws
People’s Tribunal on POTA 2004 and Other Security Legislation
“Mr Chairman, India has been witness to an important ongoing debate in our efforts to deal
with the terrorism menace. The Prevention of Terrorism Bill is currently under consideration by our
Parliament. As is normal in a democracy, a number of views have been expressed on it by politicalparties, the media, social activists and NGOs. All these are being taken into account. Necessary
safeguards have been built into the provisions of the legislation to ensure that while helping us in
our fight against terrorism, it does not lend itself to misuse.”
– Statement by the Indian delegation at the 58th CHR on 20 March 2002
This statement made six days before, following a vertical split in the Indian Parliament, the
controversial anti-terror law, the Prevention of Terrorism Act (POTA) was passed on 26 March
2002 ( Human Rights Features). The bill had been rejected by the upper house of the Indian
Parliament. A Joint Session of Parliament was called when the NDA government used its majority
to steamroll the bill through. This was only the third time in
the history of the Indian Parliament that the extraordinary
measure of calling a Joint Session was taken.
POTA became law with 425 votes for the Act and 296
against, after a 10-hour debate. The opposition raised the
issue of the BJP’s recent failures in preventing the escalation
of violence in Gujarat, and feared that POTA would be used
to target minorities and to carry out political vendettas.
Police Killing in Rural Andhra Pradesh-1992 by HRW
Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy
countries around the world. It addresses the human rights practices of governments of all political stripes,of all geopolitical alignments, and of all ethnic and religious persuasions. In internal wars it documents
violations by both governments and rebel groups. Human Rights Watch defends freedom of thought and
expression, due process and equal protection of the law; it documents and denounces murders,
disappearances, torture, arbitrary imprisonment, exile, censorship and other abuses of internationally
recognized human rights.
Human Rights Watch began in 1978 with the founding of its Helsinki division. Today, it includes five
divisions covering Africa, the Americas, Asia, the Middle East, as well as the signatories of the Helsinki
accords. It also includes four collaborative projects on arms, free expression, prison conditions, and
women’s rights. It maintains offices in New York, Washington, Los Angeles, London, Moscow, Belgrade,
Zagreb and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported
by contributions from private individuals and foundations. It accepts no government funds, directly or
indirectly.
A Study of Socio-Economic Profile & Rehabilitation Needs of Muslims in Maharashtra Prison-2011
On behalf of the Centre for Criminology and Justice, School of Social Work, Tata Institute
of Social Sciences, we wish to offer our sincere thanks to the Maharashtra State
Minorities Commission (MSMC) and in particular, the Secretary of the Commission, Mr.S.E.A. Hashmi, for commissioning this research project and providing financial support
to it. Mr. Hashmi’s encouragement and constant support has gone a long way in the
successful completion of this project.
We would also like to thank Ms. Anna Dani, Principal Secretary (Prisons), Mr. Uddhav
Kamble, Inspector General of Prisons, Maharashtra, Ms. Shobha Ohatkar, DIG Prisons
(HQ) and Mr. M.D. Patil, Research Officer, Inspectorate of Prisons, Pune, for their kind
support without which this project could not have been initiated.
We would like to whole heartedly thank several officials in the criminal justice system
for their valuable assistance in the data collection process. Some individuals that we
would like to specially mention are the Superintendents of Byculla District Prison,
Mumbai Central Prison, Thane Central Prison, Kalyan District Prison, Aurangabad
Central Prison, Jalgaon District Prison, Nagpur Central Prison, Akola District Prison,
Amravati Central Prison, Chandrapur District Prison, Nashik Central Prison, Ratnagiri
Special Prison, Yerawada Central Prison, Kolhapur Central Prison, Taloja Central Prison.
Also the Senior Jailors of Mumbai Central Prison and Amravati Central Prison
Mecca Masjid Blast Case of Hyderabad-2007 Report by Ravi Chandran
The Honourable Commission for Minorities Ravi Chandran Advocate
Commission vide Letter No75/MC-B (2)/07-2 dated 14-09-2007 appointed the
undersigned to conduct an investigation into the matter, adopting such means
and methods as you deem proper ” Dr. Mahender Reddy Professor pf Forensic
Department Kamineni Hospital also accompanied the team that visited the
Cheraiapally Jail The Commission also took the assistance of certain
representative of NGOs to part take in the process and see for themselves the
state of the persons lodged at the Cheralapalli Jail The other persons who came
along with the Commission were Ms Nirmala Gopalakrishnan of Apna Watan,
Ms. Anuradha of Aman Vedika and Afsar from PUKAR (COVA)
At the outside the Commission would like to place on record its word of
appreciation to the Jail Superintendent of the Cherapalli Jail and his support
staff for giving full cooperation and letting the team meet up with the inmates
in furtherance of the warrant. The staff was cooperative and did not raise any
objections and extended the necessary facility and security during the course of
the investigation.
Report by Justice Hegde-2013 on Manipur Killings
The Hon’ble Supreme Court of India by its order dated 4m January, 2013 appointed this Commission with a direction to the undersigned to make a thorough inquiry in the first six cases detailed in “Compilation-I” filed by the Writ Petitioners in W.P.(Crl.) No. 129 of 2012, with a further direction to the Commission to record a finding regarding the past antecedents of the victims and the circumstances in which they were killed.
The Ilon’ble Apex Court has further directed the Commission to report regarding the functioning of the State Police and the Security Forces in the State of Manipur, and in case, the Commission finds that the actions of the police and/or of the security forces transgressed legal bounds.
Reports on Attacks on Christians in Kandhmal-2008
This is a report prepared jointly by a number of Rights
Organisations and individuals on the large scale violence against
Christians in Orissa and Karnataka during August-September
2008. The violence was committed by Sangh Parivar organisations, mainly the Bajrang Dal. Their political wing, the Bharatiya
Janata Party (BJP) happens to be in power in both the States, and that has ensured that the police watched benignly as the arson
and murder took place in public. The ideology and the organization of their mentor, the Rashtriya Swayamsewak Sangh (RSS),
pervades the media in both the States to such an extent that with
a few honorable exceptions, the Press has reported the violence
in a manner that puts the onus on the victims: they were at fault
and had it coming.
All the signatories to the report did not participate in every
phase of the extended fact finding, but by consensus the report is
brought out collectively. In relation to the attacks in Orissa, the
team/teams visited victims who have taken shelter at
Visakhapatnam on 18th September, the affected areas of
Kandhamal during 20th – 22nd September, the displaced victims
staying in camps at Bhubaneswar and Cuttack during 25th – 26th
October and the displaced victims living in the Mandasa area in
Srikakulam district of Andhra Pradesh on 30th October. In relation to the more widely dispersed though less severe attacks in
Karnataka, teams visited the districts of Dakshina Kannada
(including Mangalore, the headquarters), Udupi, Davanagere,
Chikkaballapur and the affected areas of Bengaluru city on various dates in September and October, the last being a large
team’s visit to Mangalore city during 10th-11th October. The
People’s Front of India, Mangalore,
Sachar Committee Report-2006
On 9 March 2005, the PMO had issued the Notification for constitution of the High Level Committee for preparation
of Report on the Social, Economic and Educational Status of the Muslim Community of India. The Terms of Reference
are appended to this Report. The Committee was to consolidate, collate and analyse the above information to identifyareas of intervention by the Government to address relevant issues relating to the social, economic and educational
status of the Muslim community.
By the end of July the office space, staff and most of the infrastructure was in place. Meanwhile, the first meeting of
the Committee was held on 21 April 2005 followed by a press conference through which the Committee requested the
people of India to provide information to the Committee on the issues covered by its mandate. This was followed up
by large advertisements inserted in more than 100 dailies published from different regions in various Indian languages
Sachar Committee Report Recommendation wise
There is a need for sharper focus on
school education. Free and
compulsory education up to the age
of 14 is the responsibility of the
State and the fulfilment ofthis
obligation is critical for the
improvements in the educational
conditions of Muslims, in fact, of
all socio-economically deprived
children.
There is a need to ensure that all
children in the age group 0-14 have
access to free and high quality
education
It is absolutely necessary to create
local community study centres for
students so that they can spend a
few hours to concentrate on their
studies.
High quality government schools be
set up in areas of Muslim
concentration.
Exclusive schools for girls be set
up.
Primary education in Urdu/mother
tongue be provided.
Status of Sachar Committee Report Recommendation 2013
A High Level Committee, constituted under the chairmanship of Justice (Retired)
Rajinder Sachar to gather data/information for preparation of a comprehensive report on
the social, economic and educational status of the Muslim community of India submittedits report (popularly known as Sachar Committee Report) on 17th November, 2006.
2. This report was tabled in both the Houses of Parliament on 30th November, 2006.
The Government took several decisions on the recommendations of the Sachar
Committee and a statement in this regard was laid in both the Houses of Parliament on
31.08.2007.
The “Anti Nationals”-Arbitrary Detention & Torture of Terrorism Suspects in India-2011: Report by HRW
The policeman said to me, “Please speak to your son. Tell him that he must
give us a few names. Then we will let him go.” But my son told me, “I cannot
give any names wrongfully.” The police said to me, “Your son’s life will be
ruined. Tell him to identify some people.”—A father whose son was detained after the 2008 Gujarat bombings,
Ahmedabad, July 2009.
“You give me a stick and nothing else, no intelligence or forensic training, no
education—and then you ask, why are you beating people up?”
—Security analyst Ajai Sahni on why the police torture terrorism suspects,
New Delhi, May 2010.
On three separate days in 2008, India was plunged into panic as synchronized bombs struck
three major cities, killing 152 people and injuring hundreds of others. An obscure Islamist
militant group calling itself the Indian Mujahideen (IM) claimed responsibility. The
bombings—first in Jaipur in May, then Ahmedabad in July, and finally New Delhi in
September—were heinous crimes, targeting ordinary people in markets, hospitals, and other
public places.
Torture and Impunity in India by Peoples Watch-2008
The National Project on Preventing Torture in India (NPPTI)
concentrated am ong its other goals, the task of dem onstrating
the actual prevalence of torture in India. Pursuant to thisim plem enting this goal, its H um an Rights D efenders under
took several fact findings on police torture during the project
period. T he fact findings un dertaken were followed up in
alm ost 1/3 of the cases where the victim s were willing to
ch allenge th eir cases with diffe ren t legal an d m eta legal
interventions.
In a country where authoritie s of the instrum entalities of
the State continuously deny the prevalence of torture as a
routine event by the police, the extent of torture that this
data indicates in 2 6 m onths in 47 districts is e xtrem e ly
shocking. Each of the H um an Rights D efenders undertook
m onitoring cases of police torture that were reported in the
m edia as well as on the basis of intim ations that they received
from prim ary sources. Projecting the intim ations received
throughout the project in the 47 districts to the 620 districts
in the country, our data rev eals th at there is a com m on
prevalence of 1.8 m illion cases of torture, ill treatm ent and
inhuman behaviour at the hands of the police alone that takes
every year in this country.
Report of Review Committee 2005 on Armed Forces Special Powers Act (AFSPA), 1958
In the wake of the intense agitation launched by various
civil society groups in Manipur following the death of Kr. Th. Manorama Devi on 11.7.2004 while in the custody of the Assam
Rifles, and the earlier indefinite fast undertaken by Ms. Irom Sharmila since 2001 demanding repeal of the Armed Forces
(Special Powers) Act, 1958 (hereinafter referred to AFSPA), the
Union Home Minister visited Manipur in September 2004 and
reviewed the situation with the officers of the State Govt. and the
Security/Intelligence agencies. During this visit Apunba Lup and
many delegations and citizen groups raised a demand for
revocation of the AFSPA. There were other groups who
demanded a review of the Act or favoured retaining the Act.
During the visit of the Prime Minister to Manipur in, November
2004, several organizations including the Apunba Lup and many
other individuals met the Prime Minister with similar pleas. The
Prime Minister assured them that the Central Govt. would
consider their demand sympathetically.
2. The Central Government, accordingly, set up a 5-Member
Committee (vide Ministry of Home Affairs Office Order No.
11011/97/2004-NE-III dated 19th
November, 2004 – Copy at
Annexure-I) under the Chairmanship of Justice B.P. Jeevan
Reddy, former Judge of the Supreme Court with the following
four Members: –
(a) Dr. S.B. Nakade, Former Vice Chancellor and Jurist.
(b)Shri .P.Shrivastav,IAS(Retd),FormerSpecial Secretary,MHA
(c) Lt Gen (Retd) V.R. Raghavan, Former DGMO.
(d) Shri Sanjoy Hazarika, Journalist
Report on Gujarat Carnage -Crime Against Humanity Volume-1: by Concerned Citizen Tribunal
In the wake of the intense agitation launched by various
civil society groups in Manipur following the death of Kr. Th.
Manorama Devi on 11.7.2004 while in the custody of the Assam
Rifles, and the earlier indefinite fast undertaken by Ms. Irom Sharmila since 2001 demanding repeal of the Armed Forces
(Special Powers) Act, 1958 (hereinafter referred to AFSPA), the
Union Home Minister visited Manipur in September 2004 and
reviewed the situation with the officers of the State Govt. and the
Security/Intelligence agencies. During this visit Apunba Lup and
many delegations and citizen groups raised a demand for
revocation of the AFSPA. There were other groups who
demanded a review of the Act or favoured retaining the Act.
During the visit of the Prime Minister to Manipur in, November
2004, several organizations including the Apunba Lup and many
other individuals met the Prime Minister with similar pleas. The
Prime Minister assured them that the Central Govt. would
consider their demand sympathetically.
2. The Central Government, accordingly, set up a 5-Member
Committee (vide Ministry of Home Affairs Office Order No.
11011/97/2004-NE-III dated 19th
November, 2004 – Copy at
Annexure-I) under the Chairmanship of Justice B.P. Jeevan
Reddy, former Judge of the Supreme Court with the following
four Members: –
(a) Dr. S.B. Nakade, Former Vice Chancellor and Jurist.
(b)Shri .P.Shrivastav,IAS(Retd),FormerSpecial Secretary,MHA
(c) Lt Gen (Retd) V.R. Raghavan, Former DGMO.
(d) Shri Sanjoy Hazarika, Journalist
Report on Gujarat Carnage -Crime Against Humanity Volume-2: by Concerned Citizen Tribunal
What a shock and shame that Indias fair secular name should suffer dastardly disgrace through the recent government-abetted Gujarat communal rage, compounded
by grisly genocidal carnage and savage arsonous pillage, victimising people of Muslim
vintageand unkindest cut of all allegedly executed with the monstrous abetment of chief minister Modi, his colleagues and party goons. The gravamen of this pogrom-like operation was that the administration reversed its constitutional role and,
by omission and commission, engineered the loot, ravishment and murder which was
methodically perpetrated through planned process by chauvinist VHP elements, goaded
by terrorist appetite. What ensued was a ghastly sight the like of which, since bleeding partition days, no Indian eye had seen, no Indian heart had conceived and of
which no Indian tongue could adequately tell. Hindutva barbarians came out on the
streets in different parts of Gujarat and, in all flaming fury, targeted innocent and
helpless Muslims who had nothing to do with the antecedent Godhra event. They
were brutalised by miscreants uninhibited by the police; their women were unblushingly molested; and Muslim men, women and children, in a travesty of justice, were
burnt alive. The chief minister, oath-bound to defend law and order, vicariously
connived at the inhuman violence and some of his ministers even commanded the
macabre acts of horror
Report on Gujarat Carnage -Crime Against Humanity Volume-3: by Concerned Citizen Tribunal
What a shock and shame that Indias fair secular name should suffer dastardly disgrace
through the recent government-abetted Gujarat communal rage, compounded by grisly genocidal carnage and savage arsonous pillage, victimising people of Muslim vintage
and unkindest cut of all allegedly executed with the monstrous abetment of chief
minister Modi, his colleagues and party goons. The gravamen of this pogrom-like operation was that the administration reversed its constitutional role and, by omission and
commission, engineered the loot, ravishment and murder which was methodically perpetrated through planned process by chauvinist VHP elements, goaded by terrorist appetite.
What ensued was a ghastly sight the like of which, since bleeding partition days, no Indian
eye had seen, no Indian heart had conceived and of which no Indian tongue could adequately tell. Hindutva barbarians came out on the streets in different parts of Gujarat
and, in all flaming fury, targeted innocent and helpless Muslims who had nothing to do
with the antecedent Godhra event. They were brutalised by miscreants uninhibited by
the police; their women were unblushingly molested; and Muslim men, women and children, in a travesty of justice, were burnt alive. The chief minister, oath-bound to defend
law and order, vicariously connived at the inhuman violence and some of his ministers
even commanded the macabre acts of horror.
Shri Krishna Commission Report on Mumbai Communal Violence: Volume-I
1.1 For five days in December 1992 (6th to 10th December 1992) and fifteen days in January 1993
(6th to 20th January 1993), Bombay, urbs prima of this country, was rocked by riots and violence unprecedented in magnitude and ferocity, as though the forces of Satan were let loose, destroying all
human values and civilized behaviour. Neighbour killed neighbour; houses were ransacked, looted
and burned, all in the name of religion, as if to vindicate painfully the cynical observation of Karl
Marx, “Religion … is the opium of the people”. Those fateful fifteen days saw the people on the streets
opiated beyond the call of right and wrong. The bloodshed persuaded the Government of
Maharashtra, at the instance of the then Prime Minister, Shri P.V. Narasimha Rao, to constitute a
Judicial Commission of Inquiry to inquire into the gruesome incidents of riots and violence.
1.2 By a Notification, Home Department No.FIR–5693/Bombay–1/Appointment/SP–2, dated 25th
January 1993, the Government of Maharashtra constituted this Commission of Inquiry with the
following Terms of Reference:
i) The circumstances, events and immediate causes of the incidents which occurred in the Bombay
Police Commissionerate area in December 1992 on or after the 6th December 1992 and, again in
Shri Krishna Commission Report on Mumbai Communal Violence: Volume-II
Introductory
The Commission examined the evidence police stationwise. In each police station
jurisdiction, police officers and public witnesses have been examined. In all, there are 26
police jurisdictions which are covered by the evidence.
The Commission has also examined media persons, senior police officers and politicians. A summary of the material before the Commission is presented in the following pages.
CHAPTER I
Police Station
1. Agripada Police Station
1.1 This is an area in which majority of residents are Hindus, but there are certain known
pockets of Muslims. Communally sensitive areas which experienced previous communal
trouble are Kalapani Junction, Sakhli Street, Junction of Meghraj Shetty Marg and
Baburao Jagtap Marg, Tank Pakhadi Road, Hindustan Masjid, Sunder Galli, Tambit Naka,
Paise Street, S–Bridge and Dhobighat.
Shri Krishna Commission Report on Mumbai Communal Violence: ATR by Government
Memorandum of action to be taken (ATR) by Government on the
report of the commission of inquiry Appointed for making
enquiries into the incidents of communal riots which occurred in the police commissionerate of Mumbai area during December
1992 and January 1993 And serial bomb blasts which occurred on
12th March 1993
(Note: In this report, regular (straight type face) letters have been used for observations and
recommendations of the Commission while italic letters are used for Government’s
comments)
After the demolition of Babri Masjid, at Ayodhya, communal tension and disturbances
erupted in Mumbai.
2. For five days in December 1992 (6th to 10th December 1992) and 15 days in January
1993 (6th to 20th January 1993) Mumbai witnessed unprecedented riots, mob violence of
great magnitude and ferocity, resulting in the incidents of stabbing, arson causing large–
scale loss of lives and damage to properties. Police had resorted to firing to quell the
disturbances. Army was also requisitioned to help the police to deal with the serious riots.
As the situation was returning to normalcy after the riots were over, the serial bomb blast
rocked the city on 12th March 1993.
Accountability for Mass Violence Examining the State Record by CES
Contemporary India has a troubled history of sporadic blood-letting in gruesome
episodes of mass violence which targets men, women and sometimes children
because of their religious identity. The Indian Constitution unequivocally guarantees
equal legal rights, equal protection and security to religious minorities. However,
the Indian State’s record of actually upholding the assurances in the secular
democratic Constitution has been mixed. This study tries to map, understand and
evaluate how effectively the State in free India has secured justice for victims of mass
communal violence. It does so by relying primarily on the State’s own records
relating to four major episodes of mass communal violence, using the powerful
democratic instrument of the Right to Information Act 2005. In this way, it tries to
hold up the mirror to governments, public authorities and institutions, to human
rights workers and to survivors themselves.
Since Independence, India has seen scores of group attacks on people targeted
because of their religious identity1. Such violence is described in South Asia as
communal violence. While there is insufficient rigorous research on numbers of
people killed in religious massacres, one estimate suggests that 25,628 lives have
been lost (including 1005 in police firings)2. The media has regularly reported on this
violence, citizens’ groups have documented grave abuses and State complicity in
violence, and government-appointed commissions of inquiry have gathered
extensive evidence on it from victims, perpetrators and officials. Despite this, it has
been remarkably difficult to hold perpetrators and State authorities accountable for
committing, encouraging, aiding or enabling (including through deliberate inaction)
such violence.
Bhagalpur-Bihar Riot 1989 report by PUDR
In 1989 Bhagalpur. experienced one of the worst communal riots since Independence. The police and district administration directly connived with the communal forces. 982 persons were killed and 259 seriously injured. Over 1.500 houses were damaged in 195 villages. About 48,000 people were affected in these riots, which began on 24 October 1989, and continued for well over a month. Al second round of killings took place in March 1990.
Bhagalpur has a history of communal clashes (1924, 1936. 1946 and 1967). But the October 1989 riots were exceptional. For the first time riots spread to the rural areas of the district And 88 per cent of Bhagalpur’s total population lives in its rural areas. Some of the worst massacres took place in the villages Ledby ASI Ramchander Singh of Jaghpur thana and other policemen in uniform, a 4000 strong mob attacked Logain village at 7o’ clock on the morning of 27 October 115 people are estimated to have been killed The bodies of the victims were at first thrown into a poklar in the Muslim molalla Then they were pulled out and thrown into a well. Finally the corpses were pulled out again, buried in two fields whereon cauliflower was planted. 108 bodies were gradually recoverest, only after 8 Decem ber.
Two months before the riots, hetween 12 and 22 August 1989 on the occasion of Muharram and Bisheri Puja in the town, commu nal tensions had already escalated sharply However, the state) administrations did not act Lok Sabha elections were scheduled the next year und by-elections two months later, in November that year In October the Visliwa Hindu Parishad (VHP on Bhagalpur under.
Crime In India 2013-Report by NCRB
I am pleased to learn that the annual publication of the National Crime Records
Bureau, ‘Crime in India 2013’, is being released in June 2014, as schedul~d. It is ~n
important achievement for us and I take this opportunity to congratulate the Director
General NCRB and his team of officers for this achievement. ‘Crime in India’
publication is an important report which provides useful and comprehensive statistics
on crime in the country.
NCRB has taken a lot of initiatives to revise the proformae of ‘Crime in India’
and I hope that the data for the next year will be collected in the revised format.
The rising trend of crimes is a worrying factor for everyone. Crimes against
women, children and the weaker sections of the society, are of great concernfor all of
us. Crime leaves deep scars in the society; therefore, we need to study the causes,
patterns and nature of crimes, to find out the reasons and remedies. Such a study will
help us to evolve measures and policy interventions to contain them.
‘Crime in India’ publication is a vital tool in the hands of researchers,
criminologists and officials of criminal justice system in the country, as it provides
ample statistical data to conduct and evaluate the ground reality and the trends, with
geo-political ramifications.
