Thursday, October 21, 2010

Indian government should ensure torture law meets international standards

Indian government should ensure torture law meets international standards
14 October 2010
Amnesty International has urged the Indian government to help end the routine torture of those held by police and prison authorities by ensuring the new Prevention of Torture Bill in India, 2010 meets international standards before adopting it.

The Bill, which is expected to be considered by the Select Committee of the Upper House (Rayja Sabha) of the Indian Parliament on 17 October, will address many forms of torture routinely employed by Indian police and prison officials. The Bill was passed by the Lower house (Lok Sabha) on 6 May 2010.

"If India is serious about its aspiration to be a regional and global power, it needs to address the issue of torture and ensure that the human rights of those it arrests and detains are protected," said Madhu Malhotra, Amnesty International's Asia-Pacific Deputy Programme Director.

Amnesty International said the Bill must be amended to bring it in line with international standards, including limiting torture to practices causing physical suffering, keeping a six-month deadline for making complaints about torture and not annulling current provisions which allow law enforcement officials and security forces virtual immunity against prosecution for perpetrating torture and recommends solutions.

Torture in state detention is endemic in India, involving a range of practices including shackling, beatings and the administration of electric shocks. Disadvantaged and maginalized groups including women, Dalits, Adivasis and suspected members of armed opposition groups are those most commonly abused.

According to official reports, 127 people died in police custody in India in 2008-09, although the figure could be higher since several states failed to report such deaths.

Torture is also reportedly widespread in prisons. The National Human Rights Commission registered 1,596 complaints of torture of prisoners in 2008-09. The number of deaths due to torture is not routinely reported.

The vast majority of cases of torture inflicted on detained people in India are unlawful and punishable under current Indian law, however prosecutions are extremely rare.

Law enforcement personnel enjoy virtual immunity from prosecution for torture and other human rights abuses, and prosecutions remain sporadic and rare.

In "disturbed areas", such as Jammu and Kashmir and the north-eastern states where the Armed Forces Special Powers Act is in effect, Armed Forces personnel enjoy additional immunity protection and there is virtually no accountability for violations.

In 1996, the Indian Supreme Court issued specific guidelines to authorities safeguarding detainee's rights in all cases of arrest or detention, however they are seldom enforced.
There is also a lack of effective systems to independently monitor the conduct of the authorities with regards to torture and other forms of mistreatment.

The Prevention of Torture Bill in India, 2010 is meant to bring India closer in line with the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. India signed the Convention in 1997 but has yet to ratify it.

"The Indian government should adopt this Bill to help address key issues, but more needs to be done to ensure India is able to meet international conventions against torture," said Madhu Malhotra.

"The Indian government further needs to ratify the UN Convention Against Torture ensuring people are no longer mistreated while they are detained."

Tuesday, October 5, 2010

India must address forced evictions and other human rights abuses in Delhi during Commonwealth Games

AMNESTY INTERNATIONAL
Public Statement

4 October 2010

India must address forced evictions and other human rights abuses in Delhi during Commonwealth Games

The Commonwealth Games cannot be used as an excuse to forcibly evict seasonal vendors, street-based workers and beggars, Amnesty International said today.

Thousands of seasonal vendors and street-based workers are facing joblessness as the police prevent them from working on the streets during the Games. The majority of people who have been evicted are being placed in makeshift collective shelters with the residents complaining that these lacked water and sanitation and were not suitable for habitation.

This continues the trend of forced evictions of the poor and marginalized carried out by the local authorities in Delhi in the run up to the start of the Commonwealth Games on 3 October.

Amnesty International received information that the authorities carried out a series of forced evictions in Okhla and neighbouring areas and roads linking the city with its north-eastern parts on the banks of river Yamuna where the Games infrastructure including many stadia, flyovers and bridges were erected in the last few months.

Human rights organisations in India said 2,500 persons and 150-200 families were forcibly evicted from the suburban town of Gurgaon and central Delhi respectively during the last two weeks before the start of the Games.

Amnesty International is concerned that a high number of evictions during August and September appear to have been carried out without safeguards required under international law. In particular, there was no genuine consultation with the people who were evicted. They were not provided with adequate prior notice. The makeshift collective shelters that the authorities have provided, in several instances, do not meet requirements for adequacy of housing under international standards. Some people have not been provided with any alternative housing.

The Indian authorities have a duty to ensure that alternative housing is provided which complies with international standards. They must also provide effective remedies to all those who have been forcibly evicted.

Amnesty International therefore urges the Indian authorities to:

•ensure that evictions are carried out only as a last resort, and only in full compliance with requirements under international human rights standards;
•ensure that those who have been evicted are provided with adequate alternative housing and/or land to undertake their livelihoods as a matter of urgency;
•ensure that any alternative housing that is provided complies with requirements for adequacy of housing, under international human rights standards; and
•provide all victims of forced evictions with access to effective remedies.

Indian authorities must also address the growing number of labour rights abuses and violations of labour laws practised by various state agencies and private firms involved in construction activities, despite the efforts of a four-member committee appointed by a directive of the Delhi High Court to monitor such violations.1 These violations, documented by India’s human rights organizations, included irregular registration, denial of statutory minimum wages, equal payment of wages to women workers and statutory health benefits, poor safety standards leading to deaths of workers in accidents and occasional use of child labour.


1This committee was set up in February 2010 on a petition filed by Peoples Union of Democratic Rights (PUDR), Common Cause and Nirmaaz Mazdoor Panchayat Sangam. For a detailed list of violations, see PUDR report, Games the States Plays: A Follow–up Report on the volations of Workers’ Rights in Commonwealth Games Related Construction Sites, August 2010. The report holds the authorities responsible for failure to devise mechanisms for checking the abuses identified by the committee and taking action against the perpetrators.

girl issue and honour

Now girls say 'I won't do'

http://roundtableindia.co.in/news/opinion/2212-now-girls-say-i-wont-do.html

BY Binay Singh
There is no denying that child marriage still exists in this modern world, but more and more girls have started resisting early matrimony in favour of further studies.

VARANASI: Teleserial 'Balika Badhu' may appear to be a replay of an era long gone by, but it is not so. There are areas and communities that still go for much earlier weddings of their children than allowed by the law. However, there is also no denying the fact that children, especially girls, have started resisting child marriage and-- what is more-- are getting support of their parents in opting for studies than matrimony.

"My parents wanted to get me married four years ago when I was just 13. But, I protested and convinced them that I wanted to pursue my studies. This is Vimla, a 17-year-old girl from a low caste Musahar community where child marriage is a normal affair, mostly due to acute poverty.

Presently, Vimla is a Class XII student and studying in a girls' inter college in Kuwar area. "I want to become a teacher so that I can help my community and dispel the darkness of ignorance," said the girl, whose siblings, including younger sister, were married off in an early age. Her parents-- Motilal Banvasi and Shanti Devi, natives of Kuwar village-- are landless labourers, and they wanted to marry off their minor daughter due to acute poverty.

Similar is the case of Jyoti (16), a native of Hukulganj, who wants to become self-reliant before her marriage. Her father left the family and settled in Mumbai. Her mother Lalmani Devi wanted to marry her daughter three years ago. Currently, Jyoti is studying in Class X. Another girl, Puja (16), a resident of Baghwanala slum, also refused her marriage proposal a year ago and continued with her studies. "My family members wanted to stop my schooling and marry me after Class IX because one the girls of the locality eloped with some boy and they were apprehensive I may do the same. It was ridiculous, and I strongly protested," she said and added finally her father Shiv Kumar Thathera was convinced and came to her aid. "Presently, Puja is studying in Class X and we would marry her according to her wish," said her father.

Two other girls, Chanda (15), a native of Baghwanala slum, and Madhuri (17), a native of Kuwar village, also opposed their early marriage and are continuing with their studies. All these girls belong to the lowest strata of society and live in penury. But, they showed courage to go against the tide and set an example for others. Seeing their determination, a human rights organisation-- Peoples Vigilance Committee on Human Rights (PVCHR)-- is going to honour them at a function on Sunday. "These girls have shown courage to denounce the practice of child marriage, which is not only a social evil but also violation of human rights," said Shruti Nagvanshi of PVCHR.

These girls have set an example as even the Law Commission of India in its report (2008) for proposal to amend the Prohibition of Child Marriage Act, 2006 and other allied laws, admits that child marriages continue to be a fairly widespread social evil in India. In a study carried out between 1998 to 1999 on girls of 15-19 years of age, it was found that 33.8 per cent were currently married or in a union. Referring to the National Family Health Survey of 2005-2006 (NFHS-3), carried out in 29 states, the report says 45 per cent of women-- currently between 20-24 years-- were married before the age of 18. The percentage was much higher in rural areas (58.5%) than in urban areas (27.9%) and exceeded 50 per cent in eight states. The percentage of women between aged 20-24, married by the time they were 18, stood at 61.2 per cent in Jharkhand followed by 60.3 per cent in Bihar, 57.1 per cent in Rajasthan, 54.7 per cent in Andhra Pradesh and 53 per cent in MP, UP and West Bengal.

The NFHS-3 findings further revealed that 16 per cent of women, aged 15-19, were already mothers or pregnant at the time of the survey. It was also found that more than half of Indian women were married before the legal minimum age of 18, compared to 16 per cent of men aged 20-49 who were married by the age of 18. Though, NFHS-3 did not compile any data on girls who were married below the age of 15, the 2001 Census had revealed that 3,00,000 girls under 15 had given birth to at least one child.

Early marriage is often linked to low levels of schooling for girls. NFHS-3 figures show that 71.6 per cent of Indian women, currently aged 20-24 years, who had been married before the age of 18 years, did not have any education at all. Furthermore, by not going to school, young brides were denied the opportunity to make friendships with peers or acquire critical life skills. Child marriage below a certain age is blatant child abuse. The Indian Penal Code considers any sexual intercourse with a minor wife below 15 years of age rape.

What keeps demon of child marriage alive

Varanasi: The phenomenon of child marriage can be attributed to a variety of reasons. The chief among them being poverty and culture, tradition and value-based on patriarchal norms.

According to the report of the Law Commission of India, the marriage of a minor girl often takes place because of poverty and indebtedness of her family. Dowry becomes an additional reason, which weighs even more heavily on poorer families. The general demand for younger brides also creates an incentive for these families to marry the girl child as early as possible to avoid high dowry payments for older girls.

The girl in patriarchal set-up is believed to be a burden. These beliefs lead parents to marry the girl child. Unfortunately, the patriarchal mindset is so strong that the girl has no say in decision making. Texts like Manu Smirti which state that the father or the brother, who has not married his daughter or the sister who has attained puberty, will go to hell, are sometimes quoted to justify child marriage. Child marriages are also an easy way out for parents who want their daughters to obey and accept their choice of a husband for them. There is also a belief that child marriage is a protection for the girls against unwanted masculine attention or promiscuity. In a society, which puts a high premium on the patriarchal values of virginity and chastity of girls, girls are married off as soon as possible.

The report says the child marriage is a grave violation of the rights of the child, depriving her of opportunities and facilities to develop in a healthy manner to obtain education and to lead a life of freedom and dignity. It deprives the young girl of capabilities, opportunities and decision-making powers and stands in the way of her social and personal development. Young brides face the risk of sexual and reproductive ill health because of their exposure to early sexual activity and pregnancy. Complications and mortality are common during childbirth for young pregnant girls. Girls who come from poor backgrounds, and who are often married at an early age, have little or no access to health care services. Risks associated with young pregnancy and childbearing include an increased risk of premature labour, complications during delivery, low birth-weight and a higher chance that the newborn will not survive.

The report further says young mothers, under age 15, are five times more likely to die than women in their 20s due to complications. Maternal mortality among adolescent girls is estimated to be two to five times higher than adult women. Maternal mortality among girls aged 15-19 years is about three times higher. Young women also suffer from a high risk of maternal morbidity. Research indicates that the babies of mothers below the age of 18 tend to have higher rates of child morbidity and mortality. Infants of mothers younger than 18 years have a 60 per cent greater chance of dying in the first year of life than those of mothers aged 19 years or older.

According to the report, young brides also run the risk of catching diseases from their respective spouses, as older husbands often engage in sexual relations with other women outside the marriage. Young married girls do not have bargaining power in the marriage and therefore cannot negotiate safe sex and are deemed vulnerable. It has also been found that young girls are physiologically more prone to contracting HIV/AIDS, as their vagina is not well lined with protective cells and the cervix may be more easily eroded. An analysis of the HIV epidemic shows that the prevalence of HIV infection is highest in girls between 15-24 and peaks in men between five to ten years late

COURTESY: TIMES OF INDIA ,JULY 17/10


Friday, October 1, 2010

Political prisoners must be freed: Myanmar

Myanmar: Political prisoners must be freed

On the third anniversary of the violent crackdown on the “Saffron Revolution”, Amnesty International calls on the Myanmar government to immediately and unconditionally free all political prisoners arrested for their peaceful activism.

The Myanmar authorities continue to imprison over 2,200 political prisoners—more than double the number held before the August 2007 protests against sharp fuel and commodity price rises.

“While the international community, including Myanmar’s ASEAN neighbours, has been calling for free, fair and inclusive elections there, the plight of thousands of political prisoners has been overlooked,” said Benjamin Zawacki, Amnesty International’s Myanmar Researcher.

Amnesty International believes the vast majority of those held are prisoners of conscience who are being punished merely for peacefully exercising their rights to free expression, assembly and association.

The Myanmar government will hold its first elections in 20 years on 7 November 2010 against a backdrop of political repression and systematic violence. Under Electoral Laws enacted in March 2010, no political prisoner can take part in the elections or hold membership in any political party.

International attention in recent months has focused on the power-play between the military and the government’s proxy parties on the one hand; and the armed ethnic minority groups, the National League for Democracy, and a small number of new opposition parties on the other.

“The long-standing problem of political imprisonment in Myanmar remains very much at the heart of the political impasse in the country”, said Benjamin Zawacki. “These prisoners constitute a significant part of the political opposition”.

In the largest show of public discontent against the military government in Myanmar since the 1988 pro-democracy uprising, tens of thousands of protesters—led by Buddhist monks—took to the streets in August and September 2007, demanding economic and political reforms.

The peaceful country-wide demonstrations were violently put down by the authorities in late September 2007. At least 31 (and possibly more than a hundred) people were killed—with many more injured and at least 74 disappeared—and thousands detained.

The brutal crackdown provoked international condemnation, including an unprecedented expression of revulsion and demands for change from the UN Security Council, the UN Human Rights Council and the Association of South East Asian Nations (ASEAN).

Yet even as Myanmar prepares for its first elections in two decades, as part of what it calls a “Roadmap to Democracy”, it continues to repress political opposition.

“It beggars belief that the government can attempt to burnish its democratic credentials by holding elections, while it also holds more than 2,200 political prisoners behind bars and out of sight of the campaigns and polls”, said Benjamin Zawacki . “The international community should point out to Myanmar that these practices cannot be reconciled under any genuine Roadmap to Democracy”.

Political prisoners in Myanmar are held in deplorable conditions.

Many of those who took part in the Saffron Revolution, such as labour rights campaigner Su Su Nway, monk leader and activist U Gambira, and 88 Generation Student group members Min Ko Naing, Htay Kywe, Mie Mie, Ko Mya Aye and Zaw Htet Ko Ko, are in poor health. In the past two years, at least 238 political prisoners have been moved to extremely remote prisons, restricting their access to relatives, lawyers and medical care. Reports of torture and other ill-treatment are rife. The International Committee of the Red Cross has been denied access to prisons in Myanmar since late 2005.

“On this third anniversary of the Saffron Revolution, Amnesty International calls on world leaders to demand that the Myanmar government free all political prisoners at once, and ensure human rights protection throughout the elections period and beyond”, said Benjamin Zawacki.

An appeal to voters for child participation,child rights and laws against TOV

http://pvchr.blogspot.com/2010/10/patipanchayat-chunaw-ke-bahane.html
Pati:Panchayat chunaw ke bahane
An appeal to voters for child participation,child rights and laws against TOV