Monday, November 27, 2006

mobile phone currency scandals in india

--------------------------------------------------------------------------------\ ------------------------------------------------------------ e – Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom --------------------------------------------------------------------------------\ ------------------------------------------------------------- Editor : Nagaraj.M.R...........................................vol.2 issue.37............................................................... 25/11/2006 Editorial : SCANDALS OF MOBILE PHONES & IT'S CURRENCY SALES IN INDIA IMEI No is the unique identification of each mobile phones. It has helped police in tracking criminals , terrorists , kidnappers , etc. however nokia India & tata indicom cos are selling mobile handsets without IMEI Nos, which is a good news for criminals , bad news for the public & the government. The authorities can refer the case details of case no: CD 49/05 before the honourable consumer disputes redressal forum , mysore. Also, without mention of IMEI No in the sales bill , phones cann't be tracked. The mobile currencies are sold without bills. A part of that currency is tax payable to the government. Mobile cos are getting that tax money from customers but are not remitting the same to the government. As the currency sales are without bill government cann't track it's actual tax dues. This is a huge scandal 100 times bigger than bofors to the tune of hundreds of crores. A part of this black money is funding criminals , underworld & terrorist outfits.What TRAI is doing , sleeping ? REQUEST TO TRAI for following information 1. what are the total number of subscribers of each mobile phone service provider both CDMA & GSM yearwise since 1998 till date ? 2. what are the total number of handsets sold since 1998 till date yearwise ? give split figures for CDMA & GSM handsets. 3. What is the total value of currencies sold by each mobile phone service provider yearwise since 1998 till date ? give split figures for each co. JAI HIND . VANDE MATARAM. Your's sincerely, NAGARAJ.M.R. AN APPEAL TO UNION PANCHAYAT RAJ MINISTER , GOI , INDIA Dear Sir , INDIA: Dalit village head faces constant intimidation due to caste discrimination in Uttar Pradesh Name of victim: Mr. Prem Narayan, son of Mr. Channu Ram, Address of victim: Vajidpur village under Harhua Block, Varanasi district, Uttar Pradesh state, India Alleged perpetrators: 1. Mr. Lalman Yadav, the former village head of Vajidpur village 2. Mr. Mahendra Yadav, the resident of Vajidpur village 3. Mr. Shitla Pandey, the secretary of the Vajidpur village Duration of the incident: From September 2005 to date I am writing to you to inquire into the situation of Mr. Prem Narayan, the current village head of Vajidpur village, under Harhua Block in Varanasi district of Uttar Pradesh, India. I am informed that Mr. Narayan is from the Chamar community belonging to the Scheduled Caste in India. I am informed that Mr. Narayan was elected as the village head in September 2005, but is still denied access to the records of the village and has being denied control over the management of the village by the upper caste persons named above. I am surprised to know that the village secretary appointed by the government to help the village head in managing the affairs of the village instead of helping Mr. Narayan has joined hands with the upper caste people and members of the former council and has cornered Mr. Narayan. I am also informed that Mr. Narayan was physically assaulted by Mr. Lalman and Mr. Mahendra for challenging their acts. I am also informed that Mr. Narayn was verbally abused and intimidated by the village secretary Mr. Pandey for asking village records like the property register and working register. I am informed that on several occasions Mr. Narayan was forced to sign documents under threat. I am aware that the election of Mr. Narayan as the village head of Vajidpur village was because the constituency was reserved for a member from the Scheduled Caste or Tribe during the 2005 elections. However, I understand that even though Mr. Narayan was elected he is not able to discharge his duties as the village head thus far due to the threat and intimidation of the upper caste members named above and also due to the non-cooperation of the village secretary Mr. Pandey. I am also aware that the 73rd amendment of the Indian Constitution was to percolate local administration to village level and also to facilitate empowerment of the marginalized communities in India especially the members of the lower caste and those from the Scheduled Caste and Scheduled Tribe and the women. However, from the facts made available to me regarding Mr. Narayan's case suggest to me that such an attempt is yet to take real shape owing to various tactics played by the upper caste Hindus in rural villages in India. I am aware that while on one hand this case could be considered as yet another example of caste based discrimination in India, I see this case as also a glaring example of the administrative failure in several parts of India, particularly in rural villages. I am informed that the acts meted out against Mr. Narayan are a crime under Section 3(x) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, I am surprised why no action is taken against the perpetrators in this case. I therefore urge you to immediately institute an impartial inquiry into this case and see to it that the complaints of Mr. Narayan are addressed and also necessary actions taken under the provisions of the above law against the perpetrators named above. I am also informed that the Asian Human Rights Commission is also writing a separate letter to Mr. Doudou Diene the United Nations Special Rapporteur on contemporary forms of racism and racial discrimination to express concern about this case and calling for an intervention. I look for your urgent intervention into this case. Sincerely your's, NAGARAJ.M.R. AN APPEAL TO H.E.PRESIDENT OF INDIA , NEW DELHI Dear Sir , INDIA: Human rights activist and a victim threatened by police for complaining about a brutal assault by the Border Security Force in West Bengal Name of the victim: Mr. Mohammad Sayab Ali Mondal, son of Mohammad Mondal, residing at Char Kakmari Village, Murshidabad District, West Bengal, India Alleged perpetrators: 1. Officers from the Border Security Force, of which one person is known with the alias Biswasbau from the `C' Company of Battalion number 90, posted at Out Post number 6, Jalangi, Murshidabad, West Bengal 2. Mr. Somnath Banerjee, Officer in Charge, Jalangi police station, Murshidabad district, West Bengal Place and date of the incident: On 10 November 2006 within the jurisdiction of Jalangi police station, Murshidabad district, West Bengal I am writing to you to express my concern about the case of Mr. Mohammad Sayab Ali Mondal, who was beaten up by the officers from the Border Security Force on 10 November 2006. I am informed that Sayab witnessed some BSF officers dealing with allegedly smuggled goods at the Indo-Bangladesh border. I am informed that since the BSF officers did not want a witness to speak about their illegal dealing, they beat-up Sayab thereby injuring him seriously. Sayab who wanted to lodge a complaint against the BSF officers tried approaching the Officer in Charge (OC) at the Jalangi police station on 15 November along with Mr. Gopen Sharma, a human rights activist from Jalangi. However, Sayab and Gopen were verbally abused and intimidated by the officer Mr. Somnath Banarjee and were asked to leave the station. Aggrieved by the incident, Sayab approached the Assistant Superintendent of Police of Murshidabad who in turn ordered the OC at Jalangi police station to register the case. However, it is alleged that the OC continued refusing to register the case and also threatened Sayab and Gopen that they will have to face dire consequences if they pursued the case any further. I am informed that this was not the first time the officers from Jalangi police station are threatening human rights defenders. I am informed that the same police station has a record of abusing human rights defenders whenever a case is brought to their notice. I am also informed that the Hong Kong based Asian Human Rights Commission has also written to the United Nations Secretary General on the situation of human rights defenders Ms Hina Jilani asking for an intervention into this case. I am also concerned about the overall performance of the officers attached with the Jalangi police station. I am informed that in the past few months there were several cases where officers from this police station were accused of either torturing victims or not inquiring into cases. I am also informed that, the BSF officers, as evident from this case, are using unwarranted force to terrorise the local population. I am concerned about the extent to which the BSF officers enjoy impunity in the area which is supported by corrupt police officers like those stationed at Jalangi police station. I am informed that in the past many cases with similar facts were brought to your notice against which you have not initiated any action. I am aware that the facts of this case and in several other cases where the BSF officers are involved calls for an immediate intervention from the local police. However I am concerned to know that the local police often refuse to take any action against the BSF officers which is against the law. I therefore urge you to immediately intervene in this case and to take appropriate actions so that a case of assault is registered against the BSF officers responsible for injuring Sayab. I also request you to make sure that upon registration of the case a prompt and impartial investigation is conducted into this case and the perpetrators punished in accordance with the law. I further urge you to make sure that the victim in this case receives adequate compensation and that disciplinary actions are initiated against the police officers stationed at Jalangi police station, particularly the OC for intimidating, threatening and abusing the victim and the local human rights activist. I look for your urgent intervention into this case. Sincerely your's, NAGARAJ.M.R. UN DECLARATION ON RIGHTS OF INDIGENOUS PEOPLE - A CALL TO ASIAN GOVERNMENTS Dear Madam / sir , ASIA: Call for Asian governments to ensure the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the General Assembly I have been informed by the Asian Human Rights Commission and the International Service for Human Rights that the United Nations Declaration on the Rights of Indigenous Peoples is currently before the Third Committee and the General Assembly for final adoption. It is vital for Asian States to support this important instrument by taking all necessary measures to ensure that it is adopted without hindrance or delay. Many States, while apparently supporting the Declaration, have suggested that further consultations on the Declaration are necessary and desirable to bring about consensus. However, since 11 years of the working group has not brought about consensus, there is little reason to believe that a little more time will make a difference. Reopening the discussions now would not allow for greater consensus. It would instead place in jeopardy this important instrument and the progress made in advancing the rights and dignity of the world's indigenous peoples. Moreover, States should also remember that important instruments such as the Universal Declaration of Human Rights and the Optional Protocol to the Convention against Torture were adopted by a vote. I therefore strongly urge you to take all necessary measures to ensure that your government opposes any procedural amendment that delays the process of adoption. The text should not be reopened, but adopted without change or delay, as is indeed called for by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples. The choice of the Third Committee is not a choice between the Declaration now or in a few months. It is a choice between a Declaration now or never. Whatever some States might say, it is clearly a choice for or against the Declaration on the Rights of Indigenous Peoples. In my opinion, and in the minds of indigenous peoples, non governmental organisations and international public opinion, States, by voting in favour of any delays to the process, are voting against the draft Declaration and undermining the credibility and legitimacy of the Human Rights Council. It is vital that your government clearly show its support for the rights of indigenous peoples at this crucial juncture, by ensuring that the Declaration is adopted as it currently stands and without delay. Thank you for the attention you will give this matter, Your's sincerely, NAGARAJ.M.R. HELP LINE INDIA CONTACT NO . 09341820313 e – Voice Of Human Rights Watch – e-news weekly is providing a 24 hour help line to indian citizens . the aggrieved citizens can bring , issues involving human / fundamental rights violations , police atrocities , corruption by public servants , etc , to the notice of our news paper . the citizens must send their written complaints either through normal post or e-mail. Oral complaints is only accepted in matters , complaints of urgency like 3rd degree torture by police , illegal detention of innocents by police . even in such cases , the written complaint must be submitted in due course . our publication will take up the matter as it is in an unbiased way , with the appropriate authorities seeking justice. THIS SERVICE IS FREE . 24 HOUR CONTACT NO . 09341820313 e-mail . naghrw@... , nagarajhrw@... home pages . http://helplineindiacontactnumber09341820313.blogspot.com/ , http://e-voiceofhumanrightswatch.blogspot.com/ , http://groups.yahoo.com/group/evoicehrw/ , http://groups.yahoo.com/group/naghrw/ , http://groups.google.co.in/group/hrwepaper/ , http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ , address . # ...LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 , KARNATAKA , INDIA …………………………………DECLARATION……………………………………… I have changed the title of my news weekly from "HUMAN RIGHTS WATCH'S" to " e-Voice Of Human Rights Watch" under the pressure of big bullying elements / corrupt elements . those corrupt elements have succeeded in influencing yahoo india to close access to me. Yahoo India has done their bidding , as yahoo did in china to silence human rights activists. However I am continuing with my crusade as ever , which best describes the new title of my news paper by the work I perform . also note my alternate home pages . name : …..........NAGARAJ.M.R. new address : ...LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA new title of paper : e-Voice Of Human Rights Watch periodicity :WEEKLY circulation : FOR FREE DISTRIBUTION ON WEB donations : NOT ACCEPTED owner/editor/printer/publisher : NAGARAJ.M.R. nationality : INDIAN home page :……..http://hrwpaper.blogspot.com/ ……………….......http://indiapolicelaw.blogspot.com/ …………...:…….http://groups.yahoo.com/group/naghrw ……………….....http://groups.google.co.in/group/hrwepaper/ contact : naghrw@... , nagarajhrw@... cell : 9341820313 I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. date : 18/11/2006 …………………………………… ………….your's sincerely, place : India……………………………………………………… Nagaraj.M.R. --------------------------------------------------------------------------------\ --------------------------------------------------------------------------------\ --------- Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA………cell : 9341820313 home page : http://groups.yahoo.com/group/naghrw ,http://groups.google.co.in/group/hrwepaper/ http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ contact : naghrw@... , nagarajhrw@... 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Sunday, November 19, 2006

HELP LINE INDIA

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e – Voice Of Human Rights Watch – e-news weekly is providing a 24 hour help line to indian citizens . the aggrieved citizens can bring , issues involving human / fundamental rights violations , police atrocities , corruption by public servants , etc , to the notice of our news paper . the citizens must send their written complaints either through normal post or e-mail. Oral complaints is only accepted in matters , complaints of urgency like 3rd degree torture by police , illegal detention of innocents by police . even in such cases , the written complaint must be submitted in due course .

our publication will take up the matter as it is in an unbiased way , with the appropriate authorities seeking justice. THIS SERVICE IS FREE .

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Saturday, November 18, 2006

e - Voice Of Human Rights Watch

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e – Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom

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Editor : Nagaraj.M.R.................vol.2 issue.36...................... 18/11/2006

-------------------------------------------------------------------------------------------------------------------------------- EDITORIAL : PEACE, NON-VIOLENCE THE NEED OF THE HOUR Just recently ie on 27/10/2006 wee hours , in the peaceful city of mysore terrorists were apprehended . the basic reason for rise in criminal activities is the rampant corruption in all wings of government & the catalyst for this corruption is greed , selfishness of officials. the indifferent attitude of the public towards corruption is the reason for lack of accountability on the part of public servants. HRW has utmost respect for all institutions & all public servants , individuals. this is an effort by the HRW to bring to book the corrupt few among the public servants and an appeal to the honest public servants to bring to book their corrupt colleagues. The terrorist attacks, naxalite attacks, bomb blasts have become rampant all over the world. recently srilankan foreign minister was assassinated. When there is going to be an end to this cycle of violence ? the problem of naxalism, terrorrism , is a direct result of moral decay, fall of personal integrity, break-up of social fabric in the society. All over the world with rapid strides in scientific advancements , the life styles of human beings has witnessed sea changes. Human being by nature is greedy , selfish & wants more & more comforts , luxuries for himself. The nature has given us – the human beings enough resources to live happily, if shared equally & to live in harmony. However the gross resources in a society doesn't increase with the greed of some people. The greedy people want more than their share, legitimate share of natural resources, for their selfish objectives. The people in power, amass more resources through illegal, inhuman means which rightfully belongs to others. This creates a chasm, at one side few greedy, inhuman , corrupt super rich people, at the other side millions of hungry people even lacking basic necessities. As per darwin's theory it is the jungle rule " SURVIVAL OF THE FITTEST". These poor people struggle together to get back their rightful share of resources. This objective is good when carried out in a legal, peaceful, non-violent way. At this juncture, the so-called leaders with selfish objectives become leaders & takes them for a ride on the violent path.. even after years of violent struggles, the lives of these poor people has not changed where as the leaders have become super rich. It is the same story every where, the names differrent. In some countries, after violent struggles the terrorist leaders themselves have become president / prime minister of new independent countries. However the lives of people are today more miserable than previously, their new leaders more corrupt than those ousted. The cause lack of honesty, integrity, humaneness in the new leaders. Hypothetically, if the leader is humane, honest, empathetic, any type of governance is good. However in practice nobody is so. That is why in relative terms democracy is the best form of governance. Just remember, how a loin cloth clad mahatma gandhi fought against the mighty british empire. Gandhi didn't even fire a single gun shot, he didn't have money power. Still he won independence for us – indians. Now see H.E. dalai lama , head of state , tibet, inspite of being driven out of his kingdom by chinese army, he is doing peaceful dialogue with them. No violence at all. His followers do protest against the injustices meated out by chinese ,not through guns or bombs but through silent processions. SEE THE FOOLOWING CYCLE OF VIOLENCE : Selfishness-injustice-crimes-violence-violence-violence-total destruction-all round sufferring At the end nobody wins, nobody wins as in fables. It is destruction , sufferring every where. The people must struggle for their survival against the corrupt leaders, public servants in a peaceful legal manner only. the following vedic hymn sums up the whole issue, O'god Take us from ignorance to enlightenment Take us from darkness to light Take us from death to eternity Let there be peace peace harmony every where. Jai hind. Vande mataram. Your's sincerely, Nagaraj.m.r.

--------------------------------------------------------------------------------------------------------------------------------- C.B.I COVERING UP THEFTS IN R.B.I - Lie detector tests for C.B.I officers ? Nowadays even free e-mail accounts need password to operate, to operate a bank locker there are multi level security settings. However , it is ridiculous, unbelievable to note that in the high security reserve bank of india currency note press mysore, there were no different key sets , palm readers, pass words, no different authorised persons, no troops of security guards, to access the area. Just only one security guard- a constable. It is a cock & bull story of C.B.I, that all alone a single security guard stole the booty. There must be a crime syndicate. The C.B.I officers themselves must be subjected to polygraph, brain mapping tests to know why they are lying , to cover- up whom? The C.B.I has not answered previous questions raised by HRW. The C.B.I must answer the following questions : 1. who were responsible for selling the good printing machine at security press nasik to scamster karim lala telgi as scrap ? 2. who recruited the candidates below merit rankings in R.B.I for what criminal roles ? 3. how many irregularities have taken place in R.B.I till date ? 4. who is responsible for installing, operating & supervising the security set-up in R.B.I ? 5. how the raw materials ie number of paper sheets, ink, etc are accounted for in inward stores & while issuing for printing ? 6. how wastages, scrap of ink , papers , etc in the printing process are accounted for? 7. How the finished goods ie currency notes are accounted for ? 8. Who keeps physical figures & possession of goods, inventory of all the above? 9. How the scrap paper is disposed off ? 10. From security angle who keeps track from start till dispatch ?

--------------------------------------------------------------------------------------------------------------------------------- QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ???? -improper functioning of democracy in india the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a position to manipulate , enact laws favouring , benefitting the criminals their cronies. Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn't even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it's verdict awarding damages worth Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian & multinational companies are lootingindian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing. In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making. The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers. Now consider the following example : Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it. The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation. On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 58 years in india. In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest representative, whosimply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans. Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form.

WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ??? In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income. HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit - were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues. It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are hiding behind legal immunity privileges & making money. I , HUMAN RIGHTS WATCH'S Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of india sir ?

--------------------------------------------------------------------------------------------------------------------------------- LAW GUARDIANS THEMSELVES ARE LAW BREAKERS - POLICE TURNING INTO ROBBERERS IN KARNATAKA In india corruption has spread it's tentacles far & wide. Recently karnataka lokayukta has arrested 5 top cops on charges of corruption . in raid he has unearthed crores of rupees worth propperties & cash. Nowadyas police play the role of a mediator in land disputes , property disputes , accident cases , etc. They don't book the cases as per law , instead they settle it through mediation & in some cases coerces innocents , poor people without backing to come to compromise with rich criminals. They threaten poor people with faslse fix-ups in cases , 3rd degree torture , etc , if they don't agree to compromise . without an alternative poor people agree to the forced down compromise formula. In the end , mediating cop gets a hefty commission from the rich criminal. The corrupt cops collect mamools from bar owners , transporters , etc to shield their illegal deals. Now as the mumbai encounter specialisty S.I. DAYA NAYAK's case is unfolding , it is becoming clear what he did as a S.I OF POLICE are not encounter deaths , cunningly planned & ruthlessly executed supari murders. Mr.daya nayak is not a encounter specialist but a hit man for the under world in uniform. Literally corrupt police are nothing but GOONDAS , ROWDIES IN UNIFORM. The corrupt habbits of corrupt police die hard. Even if they are posted to C.B.I , VIGILANCE , LOKAYUKTA , etc, they make money by passing on information about raid details. Thereby , they help the guilty to escape. Abiut this issue karnataka upalokayukta himself has expressed his heplessness . lokayukta police are on deputation from state police , lokayukta don't have any powers to take disciplinary action against his own subordinates , he can recommend it only to his mother organisation. What a paradox. Cops turning into thieves & the lokayukta police who are supposed to book corrupt themselves corrupt. The politicians in power simply make statements about giving more powers to lokayukta , on record they don't do any thing. As the corrupt officials are one of the sources of party funds & those corrupt officials themselves help corrupt politicians in doing corrupt deals & shielding it. H.D kumara swamy chief minister of karnataka has said "I want to send a strong message to government servants that stringent action will be taken against corrupt elements among them without fear or favour. We will empower the Lokayukta with more legal powers to continue its crackdown on all officials indulging in corrupt activities." The arrested police personnel are deputy superintendent of police (Bangalore rural) N. Krishnappa, Crime Branch inspector Shami-ur-Rahman, VVIP security inspector N. Narayanaswamy, Koramangala (south Bangalore) inspector Mir Arif Ali and Yeshwantpur (north Bangalore) inspector Shivanna. Lokayukta chief N. Venkatachalaiah said: "It is not about the quantum of money or properties seized but the rot that has set in the system. If lawmakers turn into law breakers, how can people have confidence in them?" However these corrupt people pay a part of the looted booty to their superiors & political masters , as a result in the end nothing happens out of enquiries or investigations. At the most these guilty person are transferred to another fertile location away from the eyes of people to make more money. in some cases even the guilty corrupt officers are promoted. The fate of over 100 reports of the Karnataka Lokayukta against government servants, facing charges of corruption, is hanging in the balance with the Karnataka High Court declaring that Lokayukta will not inherit the powers of Upalokayukta to take suo motu action, when Upalokayukta's post is vacant. Further, the future of about 1,000 cases being investigated by the Lokayukta has also become uncertain as in all these cases the Lokayukta had exercised the suo motu power available only to the Upalokayukta under the Karnataka Lokayukta Act, 1984. The Lokayukta had invoked suo motu powers and initiated action on complaints against government servants as the State government had failed to appoint Upalokayukta. The post is vacant since April 2002. The Karnataka High Court, in the case between Prof S N Hegde, former vice-chancellor of Mysore University and the Karnataka Lokayukta, has declared that Lokayukta had no jurisdiction to discharge the functions of Upalokayukta when "no Upalokayukta is appointed". The High Court had also clarified that the Lokayukta can carry out functions of Upalokayukta only when Upalokayukta is unable to discharge his duties due to "absence, illness or any other causes". However, the Lokayukta was empowered to investigate a case, not defined under the Act, if the Government refers the case to the Lokayukta through a notification, according High Court's observation. But the State government, except in a few cases, has neither referred the complaints to the Lokayukta through a special notification nor appointed Upalokayukta so that it can inquire into these complaints. With this, it is clear that in all these cases Lokayukta acted without jurisdiction as government had not referred most of the complaints to Lokayukta when post of Upalokayukta is vacant, said a senior advocate. In the light of the above observations by the High Court to the most of the cases investigated by the Lokayukta while exercising the powers of Upalokayukta would mean that all the action taken by the Lokayukta would become void ab-initio (not legally binding), observed an advocate. However, the benefit of these judgement would available to the government servants only when they question Lokayukta's action before the High Court, said an official of the Law Department. "Inaction on the part of the Government in appointing Upalokayukta has seriously affected the painstaking investigations done by the Lokayukta", said a police officer attached to Lokayukta police wing. Meanwhile, realising the impact of the High Court order, the State government, apart from preferring an appeal against this verdict before a larger bench, has initiated the measures to clothe the Lokayukta with suo motu powers. According sources, the government was also studying the possibility of giving suo motu powers with retrospective effect so that the reports already submitted by the Lokayukta and the cases under investigation would not become invalid following High Court's verdict. Lokayukta Justice N Venkatachala and State Advocate General A N Jayaram said that they have decided to challenge this judgement of single judge bench before a division of the High Court. However all is not last , there are few sincere hard working police officers in the state police , there are sincere public servants like lokayukta & upa lokayukta , let all of us support them. India will be a corruption free country.

--------------------------------------------------------------------------------------------------------------------------------- APPEAL TO HONOURABLE PRIME MINISTER OF INDIA Dear Sir ,

INDIA: Will the Uttar Pradesh State Human Rights Commission make public the reasons for dismissing case number 2603(65)/2006-2007?

I am writing to you to express my concern about the dismissal of the case sited above by the Uttar Pradesh State Human Rights Commission. I am informed that this case which called in international and national media attention was dismissed by the Commission vide its order dated 6 November 2006. While dismissing the case, the Commission has only mentioned that “[t]he charges have not been proved in the inquiry, and it was found that wrong information was given to the Asian Human Rights Commission”.

I am informed that the Asian Human Rights Commission, the complainant in the case, was not provided with a copy of the report filed by the inquiring officer. I am also informed that the inquiring officer appointed by the Uttar Pradesh State Human Rights Commission was in fact trying to compromise the matter than from impartially inquiring into the case against which the Asian Human Rights Commission had issued an open letter addressed to the Chairperson of the Commission on 15 August 2006.

I am aware that the Protection of Human Rights Act (1993) provides for transparency, accountability and fair trail procedures to be followed while inquiring into cases of human rights cases. However, I am afraid that the Uttar Pradesh State Human Rights Commission has failed to uphold any of these in this case. I am also informed that the Asian Human Rights Commission is writing a separate letter expressing its concern in this case to the office of the Special Representative of the United Nations Secretary-General on the situation of human rights defenders Ms. Hina Jilani.

In these circumstances I wish to ask the following questions to the Uttar Pradesh State Human Rights Commission.

(1) Once a complaint is lodged at the Commission are there any clearly outlined procedures adopted by the Commission in inquiring into the complaint? (2) If an inquiring officer is appointed to inquire into a case by the Commission, will the Commission serve notice to both the complainant and the respondent regarding the details of the inquiring officer? (3) Whether the Commission decides the case exclusively upon the inquiry report of the inquiring officer or after calling upon both parties to submit their case before the Commission in an open proceeding? (4) Does the Uttar Pradesh State Human Rights Commission follow fair trial procedures and if so how these principles were applied in the inquiry into this case? (5) What is the detailed order of the Uttar Pradesh State Human Rights Commission in case number 2603(65)/2006-2007? The order made by the Uttar Pradesh State Human Rights Commission in this case mentions that the ‘charges have not been proved in the inquiry’. In that case is the Commission willing to make public what proof has the Commission relied upon to dismiss the case other than an alleged inquiry conducted by its official, of which the complainant was not even served with a copy? (6) Being a public body is it not fair for the Uttar Pradesh State Human Rights Commission to make public the inquiry report of its inquiring officer and the finding the Commission has come to and the proof the Commission has relied upon to come to the conclusion?

Sincerely your’s,

Nagaraj.M.R.

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AN APPEAL TO HONOURABLE PRESIDENT OF INDIA

Dear Sir ,

INDIA: Woman faces death threats and harassment due to her political affiliation, while police remain inactive

Name of the victim: Ms. Sakina Khatun, resident of Rojipur village, Hooghly district, West Bengal, India; a member of the Bharatiya Janata Party (BJP)

Alleged perpetrators:

1) Mr. Mahim Mondal 2) Mr. Abu Siddiki 3) Mr. Nurul Huda 4) Mr. Hasan Mallik, Secretary of the CPIM village Committee, Rojipur village 5) Mr. Rahamat Ali 6) Mr. Abu Hasan 7) Mr. Kamal Mondal 8) Mr. Sujit Chakraborty

(All eight persons above are residents of Rojipur village)

9) The Inspector-in-Charge of Dhanikhali Police Station, Hooghly

I am writing to you to express my deep concern regarding a case involving death threats, harassment of Ms. Sakina Khatun and members of her family, in Rojipur village, Hooghly district, West Bengal, India, allegedly due to reasons of political affiliation. The alleged perpetrators, who are the village Panchayat leaders and the members of the Communist Party of India-Marxist (CPIM), the ruling party of West Bengal, are named above. Ms. Sakina Khatun, however, is a member of another party, the Bharatiya Janata Party (BJP). I am also extremely disappointed by the failure of the Dhanikhali police and the judicial authorities in Hooghly district to provide protection to the victim, despite her repeated complaints.

In June 2006, the village Panchayat leaders excavated a drain around Sakina's land, despite her protesting that this would make it impossible for her to use a tractor to cultivate her land. She made a formal complaint to the village Panchayat, but nothing happened.

On June 10, 2006, Sakina filled in the north side of the drain, which was located inside her land. On June 12, Amed Ali Mondal, Mohim Mondal and Abusiddik allegedly came to Sakina's house and verbally abused her. Sakina lodged a complaint about this incident with the Dhaniakhali police station (General Diary Entry no.: – 521).

On June 16, 2006, Sakina lodged another complaint with the Dhaniakhali police against the three men as well as Rahamat Ali Mondal after they planned to re-excavate the drain. However, the police have not taken any action concerning this.

At around 8:00 am on June 25, 2006, some 25-30 people arranged by Mahim Mondal, Rahamat Ali, Abusiddik, Nurul Huda went ahead with the excavation of the drain and also destroyed crops on Sakina's land. Sakina lodged a complaint about this with the Dhaniakhali police on the same day (GDE no: – 071).

On June 28, 2006, Sakina lodged two cases at the Chinsurah Sub-Divisional Executive Magistrate Court against the alleged perpetrators mentioned above (Case no: – MP 417 dated 28/06/06 and MP 411 dated 28/06/06 u/s 144 of Criminal Procedure Code of India).

On July 4, 2006, the victim was attacked by armed men, Mahim Mondal, Amed Mondal, Abusiddik, Abu Hasan, Nurul Huda, Shaikh Habibar, Nandalal Das and Abhiram Das. They allegedly threatened her to kill.

On July 5, 2006, these men also threatened that they would rape Sakina to publicly humiliate her, following which they would kill her. They even threatened to give electric shocks to Sakina’s daughter and to burn Sakina’s house down at night.

On July 7, 2006, the alleged perpetrators (village leaders) reportedly made a decision reportedly decided to ostracize Sakina socially from the village.

On July 8, 2006 Assistant Sub Inspector of the Dhaniakhali police went at Rojipur to investigate the cases lodged by Sakina (Cases Numbers: MP 411 and MP 417). However, to date he has not take any serous action regarding the alleged threats or ostracism.

On August 13, 2006, the OC of the Dhaniakhali police called a meeting between the victim and local village leaders of CPIM. But he allegedly took the side of the local leaders and pressured the victim to withdraw her cases against them. She was finally forced to sign a compromise document, which was written by Hassan Mollick, the secretary of local committee of CPIM.

According to the information received, Sakina and her family members are currently suffering from psychological distress as the result of the ostracism and the severe threats to which they have been subjected and the lack of protection that they have received from the authorities. It is reported that the police are reluctant to intervene in the matter because the alleged perpetrators are ruling party members.

This case exposes the fallibility of the criminal justice system in India. According to the Indian Penal Code socially ostracizing a person is an offense under Section 153 A. This is a serious offence which carries a punishment of imprisonment that may extend to three years or fine. Once a complaint is made to any police station regarding such an offense, the police officer to whom such a complaint is made must investigate the case under Section 156 of the Criminal Procedure Code of India. Alternatively, the complainant, Sakina, in this case, could approach the local magistrate under Section 190 of the same Code, which she did. Upon receipt of a complaint the magistrate may also order similar investigation to be carried out by the police. Either way, the investigating authority is the local police. As evident from the facts of this case, it is the local police that fail to comply with the law and procedure which facilitate miscarriage of justice resulting in failure of rule of law in India.

It is alleged that the inaction by the local police in this case is due to the allegiance of the victim to a rival political group which opposes the CPI (M) rule in West Bengal.

Additionally, this case is also an example of the violation of Article 26 of the International Covenant for Civil and Political Rights (ICCPR) to which India is a sate party. Article 26 states, "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

The state has obligations to protect its citizens from such discrimination. I therefore strongly request your immediate intervention into this matter. Please take strong action to put an end to the serious threats and harassment against the victim. I also request you to provide urgent and effective protection to the victim and her family. I particularly urge you to investigate into the alleged death threats to the victim on July 4 and 5, 2006. The investigation must be carried out in a fair manner, without undue delay. Any persons found to be responsible must be held accountable for their crimes. I also request you to inquire about the alleged inaction of the Dhaniakhali police into this matter and take action against responsible officers.

I look for your urgent intervention into this case.

Sincerely your’s,

NAGARAJ.M.R.

…………………………………DECLARATION……………………………………… I have changed the title of my news weekly from “HUMAN RIGHTS WATCH’S” to “ e-Voice Of Human Rights Watch” under the pressure of big bullying elements / corrupt elements . those corrupt elements have succeeded in influencing yahoo india to close access to me. Yahoo India has done their bidding , as yahoo did in china to silence human rights activists. However I am continuing with my crusade as ever , which best describes the new title of my news paper by the work I perform . also note my alternate home pages .

name : …..........NAGARAJ.M.R.

new address : ...LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA new title of paper : e-Voice Of Human Rights Watch

periodicity :WEEKLY circulation : FOR FREE DISTRIBUTION ON WEB donations : NOT ACCEPTED owner/editor/printer/publisher : NAGARAJ.M.R. nationality : INDIAN home page :……..http://hrwpaper.blogspot.com/

……………….......http://indiapolicelaw.blogspot.com/

…………...:…….http://groups.yahoo.com/group/naghrw

( presently not working due to censorship by corrupt elements ) ……………….....http://groups.google.co.in/group/hrwepaper/ contact : naghrw@yahoo.com , nagarajhrw@hotmail.com cell : 9341820313 I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. date : 18/11/2006 …………………………………… ………….your's sincerely, place : India……………………………………………………… Nagaraj.M.R.

--------------------------------------------------------------------------------------------------------------------------------- Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761 , HUDCO FIRST STAGE , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA……… cell : 9341820313 home page : http://groups.yahoo.com/group/naghrw (this page presently censored by yahoo India under the influence of corrupt powers As yahoo did in china to silence human rights activists ) Available pages ; http://groups.google.co.in/group/hrwepaper/ http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ contact : naghrw@yahoo.com , nagarajhrw@hotmail.com A member of AMNESTY INTERNATIONAL INDIA

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Sunday, November 12, 2006

ATROCITIES AGAINST DALITS

HUMAN RIGHTS WATCH'S – Weekly newspaper on web Spreading the light of humanity & freedom Editor : nagaraj.M.R.................vol.2 issue.35...................... 11/11/2006 editorial :AN APPEAL TO H.E.PRESIDENT OF INDIA - TO STOP ATROCITIES AGAINST DALITS In India , even today after 59 years of independence & democratic governance , the plight of DALITS , TRIBALS , DOWNTRODDEN & POOR has not improved . in fact it has worsened . the government & public servants just pay lip service to dalits & have totally failed to uplift them in 59 years of independence . the public servants want dalits to be as such to ride over them & to use them as pawns in power politics , as a vote bank. let them answer how many dalits have become supreme court judges in india . even today in india , the practice of carrying human excreta on head still persists . what is the use if india becomes an IT POWER or knowledge base . what is the use if india sends it's own satellites on it's own rockets ot space . did those scientific achievements has devolved , percolated to dalits & poor in the society , has it benefitted them ? NO . JUST SEE THE RECENT ATROCITIES AGAINST DALITS IN KADAKOLA , KARNATAKA & KARLINJARA , MAHARASHTRA. HAVE YOU FORGOTTEN THE PAST ATROCITIES AGAINST DALITS IN BADANAVALU & KAMBALAPALLI , KARNATAKA. THIS IS AN APPEAL TO OUR HUMBLE , HUMANE FIRST CITIZEN H.E.PRESIDENT OF INDIA , TO HELP DALITS & POOR IN DISTRESS , OVERCOMING THE CASTEIST , GREEDY PUBLIC SERVANTS WHO SORROUND HIM & GIVE ADVICE TO HIM. JAI HIND. VANDE MATARAM. YOUR'S SINCERELY, NAGARAJ.M.R. PRACTICE OF UNTOUCHABILITY BY EDUCATIONAL INSTITUTIONS IN INDIA - VIOLATION OF HUMAN RIGHTS OF DALITS In india , rich people belonging to forward castes form educational trusts , proclaiming that they want to serve the society by providing education to all irrespective of caste or creed. By this declaration they get Civic Amenity sites from government authorities at concessional rates. Further they get tax , duty exemptions on materials , machines they import for the educational institution. However , while admitting students they are purely commercial minded , the highest bidder gets the seats. IF AT ALL THE SOLE AIM OF THESE INSTITUTIONS IS COMMERCIAL – LET THEM BE REGISTERED AS COMMERCIAL BODIES , ASK THEM TO GET SITES AT COMMERCIAL MARKET RATES , ASK THEM TO PAY TAXES ON MATERIALS , MACHINES & THEIR YEARLY INCOME. ENFORCE MINIMUM WAGES ACT , GRATUITIES ACT , P.F & ESI ACT TO THESE INSTITUTIONS WHO ARE PAYING A PITTANCE TO THEIR STAFF. Some institutions like industrial training institutes ( I.T.I) , polytechnics , engineering colleges & medical colleges run by trusts floated by forward castes lack basic infrastructure , to teach students properly , they only appoint staff belonging to thier castes. Dalits , minorities , weaker section people are not at all selected. They don't publicly advertise for vacancies. They fill all posts with thier own caste people & finally even get government grant in aid. How ? These institutions are getting affiliations , yearly approvals form the government , how ? actually they should have been shut. These trusts want government backing for tax exemptions , lands at concessional rates ,monetary benefits , etc , however the same trusts are not willing to implement the social welfare objectives of the government , by providing seats to weaker sections , by providing appointments to dalits few posts in all category of positions ( not just group D - dalits are also brilliant & capable of performing all jobs, they have proved it ). Hereby , we urge honourable prime minister of india , government of india & honourable chief minister of karnataka , government of karnataka to : 1. before giving lands at concessional rate , tax exemptions , to any educational trusts the government must ensure that the trust must adhere to the social welfare norms of the government from day one. 2. Before giving affiliations to educational institutions the govt must ensure , are the institutions are providing sufficient infrastructure to students ? 3. Before giving grant in aid to any institution , the government must ensure have the management provided jobs to dalits , minorities , etc as per norms from the day one . if not grant in aid should be rejected. Here there is no meaning in giving reservation of jobs in future appointments in those institutions , as all the posts are presently filled with forward castes , there is no expansion projects. So , dalits have to wait for another 30-40 years to get the vacancies in those institutions after the retirement of forward caste employees , which is not at all practical or realistic . 4. In karnataka state , numerous Industrial Training Institutes ( ITI) have mushroomed , some don't even have basic infrastructure. Still they are running the show , how ? these ITIs run by forward caste people have appointed only their caste people to all posts , not even a single dalit is there. Still they have got government grant in aid , how ? we urge honourable chief minister of karnataka , to look into this & in future to provide grant in aid in aid to only those I.T.Is which have proper infrastructure & dalits , weaker section employees on their pay-rolls. 5. To order all educational institutions to make public announcement of vacancies in their institutions even though not covered under grant in aid , as they have already taken sufficient monetary benefits from the government. 6. To order all educational institutions , to admit students as per government rates of fees. Some institutions are fleecing higher fees from the students , but are giving receipts for lesser amount only. 7. If any educational institutions don't agree with the government norms , those institutions must be asked to be registered as commercial bodies , no tax exemptions , lands at concessional rates , allotment of CA sites should be given to them by the government. By these measures alone poor & weaker section people will get justice . you are aware of merited but poor students committing suicides year after year , CET fiasco - due to their financial inability to join medical or engineering colleges. Numerous similar cases are there with regard to admission to ITIs . polytechnics. The greed & casteism of these educational institutions is reigning high. In the positive hope that you will be kind enough to put an end to this menace. Jai hind. Vande mataram. Thanking you. Your's sincerely, Nagaraj.M.R. DALITS, LIKE FLIES TO FEUDAL LORDS A Maharashtra village serves up `moral justice' by gang raping and lynching a dalit family. That didn't merit front page news in 21st-century-10-percent-growth-rate India. Shivam Vij reports On September 3, Siddharth Gajbhiye finally paid the price for helping dalits in a clutch of villages in Bhandara district near Nagpur in Maharashtra. A dalit himself, Gajbhiye is a police patil, an associate of the police hired on an honorarium, and has political connections in the Congress. This gave him some leverage to be of help to the sprinkling of dalit households who lived in constant fear of the upper castes. One such family was that of Surekha Bhotmange, 45, who tilled her five-acre plot in Kherlanji village, along with her husband Bhaiyyalal, growing cotton and rice. In 1996, two acres had been taken away as `easement area' to build a road, so that neighbouring farmers, who belong to the Powar and Kalar upper castes, could take their tractors across to other villages. Now they wanted more of their land for a water pathway, and Gajbhiye was helping Surekha resist that, despite allegations that he was doing so because he had sexual relations with her. Gajbhiye and Bhotmange were in fact cousins, belonging to the Mahar caste, the same as Ambedkar's, and werepractising Buddhists in the Ambedkerite tradition. On September 3, a mob beat up Gajbhiye, the ostensible reason being his alleged illicit relationship with Surekha Bhotmange. Gajbhiye filed a police complaint against 15 men from Kherlanji village, 12 of whom were arrested. Surekha signed on the FIR as one of the witnesses and identified the 12 in a police parade. Twenty-six days later, on September 29, as soon as the 12 men were released on bail, they were taken away in a tractor by their relatives. They got drunk and went to the Bhotmanges' hut threatening to finish off the entire family. Then they went looking for Gajbhiye and his brother Rajan, an engineering student. On not being able to find them, the drunken group returned to the Bhotmanges' hut and broke down the door. It was 5.40pm, Surekha was preparing the evening meal and the head of the family, Bhaiyyalal, was not at home. They dragged out Surekha, their 17-year-old daughter Priyanka, and two sons, 23-year-old Roshan and 21-year-old Sudhir. Although Roshan was blind and Sudhir a graduate, they not only helped with the farming but also brought home extra money by working as labourers. Priyanka was more ambitious — a Class xii topper and an ncc cadet, she wanted to join the Army. Her mother had recently bought her a bicycle. But all dreams came to an end in a few harrowing hours. The mob didn't realise that Bhaiyyalal Bhotmagne and Siddharth's brother Rajan were just a stone's throw from their hut and had seen the four victims being dragged away to the village chaupal, Priyanka strapped to a bullock cart. By now, men allegedly from the entire village of about 150 Powar and Kalar families had collected. Some shouted to the sarpanch to allow them to sexually assault the women. They raped the women and killed all four, even as their womenfolk looked on, mute spectators to a form of justice reserved for castes lower than theirs. One woman, Sudha Dhenge, reportedly did protest but was slapped into silence. She now says she was never there. Surekha and Priyanka were stripped, paraded naked, beaten black and blue with bicycle chains, axes and bullock cart pokers. They were publicly gang raped until they died. Some raped them even after that, and finally, sticks and rods were shoved into their genitals. In the meantime, Sudhir managed to contact the police from his mobile phone, but his phone had been smashed. Its pieces are now circumstantial evidence. Roshan and Sudhir were beaten up, their genitals mutilated, faces disfigured and their bodies tossed in the air, before they lay dead on the ground. Hiding behind a hut, Bhaiyyalal helplessly watched his family's gruesome end. There was no one to call for help. Kherlanji had only two Mahar families; the rest were either perpetrators or spectators. An hour later, a village meeting was called and a diktat issued: no one was to say a word about the massacre. Siddharth Gajbhiye called the Andhalgaon police station, some six kms away, at 6.15pm, asking for help. As a frightened Bhaiyyalal escaped to another village to save his life, the four bodies were thrown at different places in the periphery of the village. Head Constable Baban Mesharam reached Kherlanji at 8:30pm and got wind of the incident, but did not follow official police protocol to register the report. The next day, when Bhaiyyalal Bhotmange went to the police station and filed an FIR, sho Siddheshwar Bharne did not believe him. It was only when the police patrol started flashing reports of the discovery of mutilated dead bodies on the wireless the next day that he filed an FIR. Constable Meshram and sho Bharne both stand suspended. Photographs of the bodies of Surekha and Priyanka taken by the police showed sticks and rods in their genitals. By the time they reached the post-mortem table, the sticks had disappeared. A gruesome photograph of Priyanka Bhotmange's body, with just a piece of cloth covering her genitals, is not being printed by Tehelka. The post-mortem report by Dr AJ Shende on September 30 said that there had been no rape. "Doctors were managed and the police bribed," Rashtrapal Narnaware, Surekha's nephew, alleged in a statement to the fact-finding committee of the Vidarbha Jan Andolan Samiti (VJAS), a regional farmers' organisation. The bodies were later exhumed and the report of a second post-mortem is awaited. Bhandara's police superintendent Suresh Sagar says that only if the post-mortem establishes rape can he include the charge in his investigation. The VJAS is pushing for a third post-mortem as the due procedure specified by the nhrc has not been followed, and medical evidence of rape may never be established. Thirty-eight Kherlanji men are in jail as accused, but Kishore Tiwari, president of the VJAS, says that some of the main perpetrators are still free due to political pressure. Apart from various sections of the ipc, the sc/st Prevention of Atrocities Act, 1989, has also been applied by the police. "In cases where a mob is involved, the Atrocities Act has it that the entire village could be fined to the tune of Rs 10-20 lakh," says civil rights lawyer Colin Gonsalves. The VJAS claims that there is an attempt to cover up the incident, and has filed a case in the Bombay High Court against the state police. "For years, Surekha had been trying to file a case against the grabbing of the two acres of land," says VJAS lawyer Vinod Tiwari, "but the police never filed the FIR." VJAS president Kishore Tiwari first read about the incident in the rural Vidarbha supplements of the Marathi press, which blamed it on Surekha's `illicit relationship' with Siddharth. Tiwari e-mailed journalists all over India and managed to get some Mumbai newspapers to report the massacre, but his e-mails to Delhi-based journalists were ignored. On October 2, when lakhs of Buddhists from all over the world had converged in Nagpur to celebrate the fiftieth anniversary of Dhammakranti — Ambedkar's conversion to Buddhism — the organisers kept quiet about the massacre lest the issue go out of hand in such a large gathering. The Maharashtra government has paid Bhaiyyalal Bhotmange a compensation of Rs 4.5 lakhs, although according to the Atrocities Act the compensation should be Rs 2 lakh for every member of the family killed. All Bhaiyyalal wants is for the perpetrators to be hanged. ATROCITY ON DALITS - BBC world interview snapshots A team from BBC, UK visited Bhandara to take the stock of the situlation. The co-producer when met Mr Bhotmange and interviewd him, she could not stop her emotions and broke . Such was ugly portrayal of inhumanity! The team is in a postion to cover the massacre and details in few days. The documentry is said to be hosted on BBC world service soon. We will try to put the exerpts of an interview with Mr Bhotmange on this site.We will also try to keep you informed about the BBC news coverage here as soon as it is ready! Latest from BBC >>It is learnt BBC is going to air complete documentary on the event on 14th Nov 2006. The timings will be communicated to you thru this blog. Till then keep writting>> ———————————————Interview—Exerpts———————————- Mr Bhotmange , the only survivor from the deceased family, is admitted to Bhandara Civil Hospital . He is a broken father whose children Roshan, Sudhir and Priyanka were tortured to death while wife Surekha was brutally raped and killed. When BBC correspondent visited him, he was looking into deep agony and mental stress. BBC correspondent: We can not imagine the situation you are going through, can you please tell us something about the whole tragedy! Mr Bhotmange: Sir, I am not in a condition to tell you, Sorry! The whole incidence comes again and again in front of my eyes and I get pained. BBC correspondent: Ok, we do not wish to trouble you more. Then Mr. Bhotmange was well advised if he opens his voice, it will be heard by the world. So this is right time to speak out! He was told that whole world is with him. Then he got up and said loudly….. Mr Bhotmange: Siddharth Gajbhiye is our relative. He used to visit us and support us in our fight for land. Recently not quite long, he was manhandled by the caste assailants from our village, which my wife and daughter witnessed. They testified in front of police. It infuriated the assailants and they threatened us. I thought it's not that serious. But they were! They killed my family. They killed all! Mr Bhotmange closed his eyes and uttered "my wish - hang them to death!" Seeing his distressed face, BBC team left the room (ICCU) with wet eyes. `Forensic' Angle - 01Nov06 As reported earlier our panel of doctors met Dr. Shende who did postmortem of Priyanka, her brothers and mother. Their conversation with Dr Shende is already available on this blog for your reading. Today same panel of doctors is with us to share the conversation they had with a forensic expert from Govt. Medical College Nagpur. This is the best medical college in central India. Forensic experts here conduct on an average 15 to 20 postmortems a day. They know law and other guidelines concerned to postmortem, nay, many of them are LLB! The panel met one of the senior forensic experts here and briefed him on Kherlanji incidence. They also narrated the conversation they had with Dr Shende. ( refer item: Meeting with Dr who did postmortem) Panel: Seeing the case, what is the procedure a Medical Officer has to follow ,in short, when Police brings an unclaimed and unidentified body of a young female for postmortem? Forensic Expert: Apart from documentation, he should look for injuries all over the body. He should preserve the viscera, vaginal swab and pubic hair for forensic examination. Panel: Can he preserve the vaginal swab and pubic hairs even if police are not suspecting rape and they did not mention about it in their Inquest Report? Forensic Expert: Off course he can! I would say he should! Inquest report is usually prepared by a constable who has little medical knowledge. So it is a duty of a Medical officer not only to assist the Police but at times guide them. Also, if a medical officer has not preserved these samples, he can not shield himself under the pretext that rape was not suspected by the police. Panel: Dr Shende informed us that he too did not suspect rape because there were injury marks only outer sides of thighs and not on inner sides (talking bout Priyanka)? Forensic Expert: (laughs) That sounds ridiculous, if you imagine someone biting you on thighs your natural reaction would be to approximate your thighs to each other. That means there would be minimum injuries on inner side. Panel: Taking different angle, let's assume that Dr Shende was under external pressure during the postmortem, what worst he can do with the body? Forensic Expert: In such situations doctor can be pressurized to wipe the vagina clean so that no sperm parts are found even if through vaginal swab is taken for subsequent postmortems. Panel: If police suspects rape under section 376 of CRPC, is it essential that the body should be sent to district hospital for postmortem? Forensic Expert: If the medical officer is an MBBS doctor then its not. But if he is BAMS doctor then he has to. Panel: And is it essential that during postmortem a lady medical officer should be present? Forensic Expert: No its not! If rape is suspected and victim is alive only then a lady medical officer is required during examination otherwise not. Panel: Considering the sensitive nature of this incidence are there any special precautions which should have been taken by the team of doctors who conducted the second postmortem? Forensic Expert: Yes! They could have asked for the presence of a forensic expert from forensic medicine department. Panel: Can it be done? Forensic Expert: Yes, the civil surgeon has all powers to ask the Superintendent of Police (SP) for the same. Panel: And SP has to oblige? Forensic Expert: If he doesn't, the civil surgeon can refuse to do the second postmortem. Panel: Thanks Doctor for your time. We will come back to if need comes! Panel can further put questions to which the expert can answer, so if you have any please put it now and here>>> (Actually second postemortem was conducted beofre 15 th Oct. and Civil Surgeon,Bhandara, Mr Ramteke, was one among the team who did not care to invite any forensic expert from Govt Medical College Nagpur ! Pathetic APPEALS TO H.E PRESIDENT OF INDIA APPEAL NO.1 Dear sir, INDIA: A Family is facing constant attacks and attempts on their lives due to alleged collaboration between the police and the criminals Name of victims: 1. Sabita Adhikari, aged 39,? 2. Sankar Adhikari, aged 46, husband of the victim 1 3. Ratan Chandra Adhikari, aged 78, father of the victim 2 4. Trishna Adhikari, aged 18, daughter of the victim 1 All of them are residing in Ghuripara village, Maynagarh post, Maheshtala police station, South 24 Parganas district, West Bengal state, India Alleged perpetrators: 1. Mr. Pratap Chandra Ghosal from Ramnagar village, son of Pannalal Ghosal 2. Mr. Ramen Arunday alias Runu from Ramnagar village in Nandirpara 3. Ms. Sova Arundey, wife of Ramen Arunday 4. Mr. Monmatha Halder from Ramnagar village 5. Mr. Kalipada Mondal from Chakchatta Ghuripara village, son of late Tulshi Mondal 6. Mr. Shankar Pal from Ramnagar village, son of late Panchu Pal 7. Bumba from Ramnagar village 8. Mr. Netai Ghosh from Chakchatta Ghuripara village 9. Mr. Kishore Sardar from Uttar Ashuti village, son of late Jatindranath Sarkar 10. Mr. Bitu Mondal from Raipur Ghuripara village, son of Ranjit Mondal 11. Mr. Mintu Das, from Chakchatta Ghuripara village, son of Santosh Das? 12. Mr. Shyamal Ganguly from Chakchatta Ghuripara village, son of Manik Ganguly 13. Mr. Durga Ganguly from Chakchatta Ghuripara village, son of Manik Ganguly 14. Mr. Nirmal Mukharjee, Secretary, Maheshtala, C.P.I.(M) Zonal Committee?lt;br />15. Mr. Tinku Naskar from Ganipur village, son of Ajit Naskar (All are responsible for committing attacks, attempts to murder and dacoity against the victim and her family) à®?lt;br />16. The Inspector-in-Charge (I.C.) of the Maheshtolla police station and other police officers attached to the same police station? I am extremely disturbed to learn that entire family have been terrorized by local criminals mentioned above for over one and a half years due to constant and deliberate inaction by the Maheshtala police. After reading the details of the affair I am forced to conclude that the police inaction might be due to the nexus between the police and the criminals. With complete police inaction into the victim's repeated complaints and requests for help, the victim's family is now living under the shadow of fear for their very lives. To briefly explain the background of the case, Mrs Sabita Adhikari completed payments of the money to purchase the land of Mr. Pratap Chandra Ghosal situated at Ghuripara village, Maynagarh post, Maheshtala, Mouza under Maheshtala police station, South 24 Parganas district, West Bengal, India. However, Pratap Chandra delayed the execution of a sale-deed in her favour. On 14 April 2005, Pratap Chandra came to the said land tried to forcibly expel Sabita's family claiming that the land is owned by him. Pratap Chandra also allegedly hired a local criminal named Ramen Arunday alias Runu to oust Sabita's family from her property. Since then, Sabita's family have had to experience constant and severe types of attacks, murder attempts and attempted rape by Ramen and his men to the present day. I am particularly concerned by apparent inaction by the Maheshtala police in this case, which follows as below: 1. On 14 April 2005, when Pratap Chandra and his men attacked Sabita's family to vacate them, he came along with a policeman of the Maheshtala police station. 2. When Pratap Chandra along with a huge group of 70-80 persons extensively damaged the properties of the victim on 17 April 2005, one armed police officer of the Maheshtala police station was present there but did not attempt to interfere in the matter at all. He rather allegedly initiated a false proceeding against Sabita under section of 107 Criminal Procedure Code. 3. Despite Sabita's complaint regarding the several death threats by Ramen and his men, Mr. Mahapatra, the Inspector-in-Charge (I,C.), and other officers of the Maheshtala police station did not take any action to investigate them and arrest the alleged perpetrators. The victim's family was reportedly heard from Ramen's men that the police were working at the beck and call of the Ramen. 4. On 19 July 2006, Rarem armed with pistol and other firearms attacked Sabita's house along with his men, demolished Sabita's building and looted valuable items. During this attack all the victim's family members were severely injured. During the attack, Sabita's sister Ms. Mona Sheet desperately sought for help from the Maheshtala police but the I.C. and other police officers refused to receive her complaint and even did not attempt to come to save Sabita's family. Even some police officers, who were passing near the incident place with a jeep, simply ignored it. 5. Due to the intervention from the Additional Superintendent of Police(S.P) of South 24 Parganas, the I.C. of the Maheshtala police finally registered Sabita's complaint against Ramen and three other offenders (Case No. 147/2006, under section of 148/149/443/379/354/427/326 of the Indian Penal Code) but all the accused were released on bail on the very first date of appearance as the police did not start a case of attempted murder or dacoity against them. The perpetrators are now constantly threatening Sabita's family and other witnesses in order to tamper with the evidence. 6. On 5 August 2006, Ramen along with his men forcibly entered Sabita's house and threatened to kill her family if they would not vacate the premises within 24 hours. Sabita immediately lodged a General Diary (G.D.) at the Kalitala Investigation Centre under Maheshtala police station regarding the incident (G.D. Entry No.57, dated 05.08.2006) but the police have not taken any serious action to investigate the incident and arrest the alleged perpetrators. In light of above, I strongly urge your immediate intervention into this matter. Please provide urgent protection to the victim and her family who are under severe threats. I also urge you to give investigation authority into the case of alleged attacks, dacoity and death threats by the alleged perpetrators to other independent police agency (not to the Maheshtala police) and ensure that those responsible are brought to justice without delay. The whole process of investigation into this case should be carried out without undue delay, considering long sufferings of the victim's family. The investigation must be conducted into the alleged inaction of Maheshtala police into this case and the responsible police officers, in particular the I.C., must be punished by law.? I look for your urgent intervention into this case. Your's sincerely, NAGARAJ.M.R. APPEAL NO.2 Dear sir , INDIA: A person illegally detained in prison by allegedly fabricated charges and the prison officials collecting bribe Name of the victim: Mr. Ashok Kumar Basu Roy, aged 53 years, son of late Santhosh Kumar Basu Roy, residing at 2 Motilal Colony, Dum Dum, Kolkata, West Bengal Name of alleged perpetrators: 1. Inspector in Charge, Dum Dum police station 2. The Superintendent, Dum Dum Central Jail, North 24 Parganas, Kolkata, West Bengal Place of incident: Dum Dum police station and Dum Dum Central Jail Date of incident: From 20 September I am writing to you to bring to your attention the case of Mr. Roy, the victim named above. I am informed that Roy was forcefully discharged from a hospital where he was receiving treatment and detained at the Dum Dum police lock up for more than 24 hours and later produced at the local magistrate court with fabricated charges. I am informed that the arrest and fabrication of charges was instigated by a local MLA [Member of Legislative Assembly]. When Roy was produced in court, the records relating to his arrest produced in the court showed discrepancy regarding the manner of arrest. In fact Roy was arrested on 20 September from the B. S. Medical Centre, and detained in Dum Dum police station lock up. However the police records showed that Roy was arrested from his house and that too on 21 September ironically on a complaint filed at the police station the next day. The difference in dates itself must have suggested to the magistrate that the police has fabricated the case and tampered with the actual records. However, it is disheartening to know that the magistrate has not taken any action in this regard, but remanded Roy to the custody of the same police. I am also informed that a bail application filed by Roy was rejected and he was later remanded to judicial custody to the Dum Dum Central Jail, where he was asked to pay Rs. 500 as bribe to the jail authorities. I am informed that the jail authorities have now asked for more money, which if Roy did not pay, he would be inhumanly treated inside the prison. I am informed that Roy is still in prison. While this case depicts the manner in which the police fabricate case records it is also an example of how an ignorant magistrate in fact facilitates the further failure of the criminal justice system in India. It is also surprising to note in this case that in fact the police who arrested Roy on a fabricated case with a post dated complaint, has not taken any action against those who assaulted Roy. I therefore call upon you to initiate immediate action into this case and order an impartial inquiry into this case. I request you to investigate the allegation regarding the practice of corruption at the Dum Dum Central Jail. I am concerned about Roy’s physical condition which I am afraid will further deteriorate if he is further detained in prison. Your's sincerely, NAGARAJ.M.R. APPEAL NO.3 Dear sir , INDIA: Alleged assault of innocent man by the police to settle private feud Name of the victim: Mr. C. R. Suresh, son of Ramakrishnan, residing at Chulliparambil house, Kaloor post, Kaloor village, Thrissur district, Kerala state, India Alleged perpetrator: Mr. Shamsudin, Sub Inspector attached to the Pudukkad police station in Thrissur district, Kerala state, India Date of the incident: 2 October 2006 Place of Incident: Pudukkad police station I am writing to you to express my concern about an alleged police assault of the victim named above at Pudukkad police station, Thrissur district, Kerala on 2 October 2006. I was informed that Mr. Suresh was summoned to the police station by the sub inspector mentioned above and when he did so the SI assaulted him and also verbally abused him. The victim also says that the same SI had in the past registered a false charge against him which he is contesting in court. I am also informed that the victim was not informed the reason for his summon to the police station. After assault and abuse, he was simply asked to leave from the station. The victim was admitted at the Thrissur District Hospital for two days to receive treatment for his pain caused by the assault. I am very concerned about the use of force by police officers in India and this case point out nothing other than how the police misuse their authority. I am aware that violence and abuse is one of the many ways by through which the police in India discharge "law enforcement" duties. I am shocked to know that there are no independent mechanisms in India that could inquire into such cases so that the police officers responsible for violating law than protecting it are punished. I am also informed that the government of India is in the process of ratifying the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. I urge you to recommend the government of India not to place any reservations while ratifying the convention and also further to remove the reservations the government has placed while ratifying other conventions. I also urge you to order an impartial inquiry into this case and see to it that the officer if found guilty is punished. Sincerely your's, NAGARAJ.M.R. APPEAL NO.4 Dear sir , INDIA: Alleged police inaction into dowry death of a woman Name of victim: Mrs. Malati Malakar, wife of Mr. Chandan Malakar, Naridana village, Champahati, South 24 Parganas district, West Bengal Alleged perpetrators: 1. Mr. Chandan Malakar, the victim's husband, son of Mr. Brajragopal Malakar 2. Mr. Brajragopal Malakar, the victim's father-in-law 3. Mrs. Lakshmi Rani Malakar, the victim's mother-in-law (The three are residing in same address of the victim) 4. Mr. Gourahari Roy, investigating officer of the Baruipur police station in South 24 Parganas district, West Bengal 5. The Officer-in-Charge of the Baruipur police station, South 24 Parganas district, West Bengal Place of incident: Mr. Chandan Malakar's house, Narina village, Champahati Date of incident: Around 11:30am on 4 August 2006 I am writing to you to express my concern about the alleged case of dowry death of Mrs. Malati Malakar which is now under investigation at the Baruipur police station of South 24 Parganas district, West Bengal. It is alleged that Malati was died from the burn injuries suffered by her when her husband and in-laws set her on fire after pouring kerosene over her at her husband's house on 4 August 2006. The case registered by the local police is Crime 182(8) 06 dated 4.08.06 of Baruipur police station. The case is registered against Malati's husband Chandan and his parents under Sections 498A, 326, 302 and 307 of the Indian Penal Code. However, from the facts provided to me I am concerned about the impartiality and the fairness in the police investigation. According to the information I have received, Malati died on 8 August 2006 at the National Medical College & Hospital Kolkata after suffering 90% burns. I am informed that Malati's husband and his parents were constantly troubling her asking for more dowry. I am also informed that when the torture and ill-treatment became unbearable Malati tried to lodge a complaint at the Baruipur police station on 7 December 2004 but by mistake handed over the complaint to a village authority instead of filing it at the police station. I am also informed that Malati before her death has made a dying declaration which is a vital piece of evidence, which might provide insights to the cause of her death. I am informed that the prime suspect in the case Mr. Chandan – Malati's husband – is yet to be arrested in this case. It is alleged that Chandan is now staying in his village house in the address provided above and even though the police aware that he is staying at his home is for some reason failing to arrest the suspect. I am also informed that the Malati's father Mr. Sunil has suspicions regarding the manner in which the police is conducting the investigation in this case. For example Malati's family is yet to get a copy of the First Information Report registered in the case, in spite of the fact that under the Criminal Procedure Code of India, the complainant – in this case Mr. Sunil – Malati's father, has repeatedly asked for the same from the police. Sunil also entertains doubts in the manner in which the postmortem report is prepared in this case. I am informed that Sunil has also lodged a complaint to Superintendent of Police, South 24 Parganas district on 23 August 2006 expressing his concerns in this case but is yet to get any response from the said officer regarding the progress of the investigation in this case. I am informed that Sunil also suspects that since Chandan has good connections with the ruling party in West Bengal he is unlikely to be arrested in the case and as long as he remains free he would be in a position to manipulate the evidence in the case to facilitate an acquittal, later in trial. I am also informed that currently the charges leveled against the accused in the case do not include Section 304B of the Indian Penal Code. I am informed that in a trial of a crime registered under Section 304B of the Penal Code the presumption is against the accused, in this case Malati's husband and his parents. However the police has registered a case under Section 302 of the Penal Code, which call for a more severe punishment, but difficult to prove. From the facts of this case, particularly after coming to know that the father of the victim was threatened by the investigating officer for pursuing the case, I feel that the police is intentionally avoiding the inclusion of Section 304B in the charge to facilitate an easy defense for the accused. In light above, I urge you to order an inquiry into the case to ensure that the case is properly investigated and that the culprits punished in accordance with law. I also urge you to take adequate action against the police officers if they are found to be conniving with the accused in this case. I am also informed that the Hong Kong based Asian Human Rights Commission has written separate letters to the United Nations agencies, particularly to the office of the Rapporteur on violence against women, its causes and consequences Ms. Yakin Erturk, calling for an immediate intervention in this case. I expect that you will take appropriate actions in this case. Your's truly, NAGARAJ.M.R. APPEAL NO.5 Dear sir , INDIA: 14 year-old girl allegedly kidnapped and trafficked by state protected gangsters Name of the victim: Lovely Khatun, daughter of Mr. Jilal Mondal, aged 14 years, Jotkanai village, Murshidabad District, West Bengal, India Alleged perpetrators: (1) Mr. Tiarul Islam son of Surat Saikh, Jotkanai village, Par Raghunathpur post, Murshidabad district, West Bengal (2) Mr. Sahidul Islam, son of Akimuddin Mondal, Par Raghunathpur post, Murshidabad district Alleged co-conspirators: (1) Mr. Surat Saikh, son of Khairuddin, Par Raghunathpur post, Murshidabad district (2) Mrs Monjura Bibi, wife of Mafikul Islam, Par Raghunathpur post, Murshidabad district (3) Mr. Majar Saikh, son of Islam Saikh, Par Raghunathpur post, Murshidabad district (4) Mr. Majar Saikh, son of Abdul Bari, Tulsipur village, Murshidabad district, Officials appeared to help the alleged perpetrators: (5) Mr. Premashish Chattaraj, Officer in-charge, Domkal police station, Murshidabad district (6) Mr. Khudiram, Sub-Inspector, Domkal police station, Murshidabad district (7) Mr. Shaukat Saikh, Sub-Inspector, Domkal police station, Murshidabad district (8) Mr. Snehasis Dirghangi, Sub Divisional Police Officer, Domkal, Murshidabad district (9) The District Magistrate, Murshidabad district (10) The Superintendent of Police, Murshidabad district Place of incident: Jotkanai Village, Par Raghunathpur post office, Domkal police station, Murshidabad district, West Bengal, India Date of incident: 26 August 2006 I am writing to express my concern over the alleged abduction of a 14 year-old girl from Jotkanai village by a criminal syndicate in the Murshidabad district of West Bengal on 26 August 2006. I am informed that the father of the abducted minor girl, Mr. Jilal Mondal, who tried to lodge a complaint of abduction at the Domkal police station was ill-treated by the police officers and finally the police, registered a case of man missing, that too after forcing Jilal to pay a sum of Rs. 500 as bribe. According to the information I have received, on 26 August 2006, Lovely Khatun, Jilal's daughter was allegedly abducted by two men named Tiarul Islam and Sahidul Islam. Both men were purportedly working in collusion with four other persons from Murshidabad district named Surat Saikh, Monjura Bibi, Mafikul Islam and Majar Saikh. I am also informed that the police officers are insisting that the alleged abductors named by Jilal are persons of good character in spite of the fact that Jilal had named them as the abductors of his daughter. It is alleged that the police has thus far not registered any case against those who are named by the father of the minor girl, but is dragging their feet after registering a case of man missing, instead of a crime of abduction. I am aware that under the Criminal Procedure Code of India, the police must register all complaints exactly as narrated by the complainant at the police station and a copy must be served to the complainant. However, I am surprised to know that in this case thus far the attempt of the police is to register their version of the complaint than what the father of the abducted girl had to say. The complaint lodged by Jilal is currently registered as Missing Diary number 1669, dated – 27/08/2006. From the alleged suspicious conduct of the police officers I have a reasonable suspicion that the police officials are conniving with the alleged abductors to protect them from any criminal action. The possibility that the police officers are conniving with the abductors is further fortified from the allegation made by Jilal that when he insisted that a criminal case be lodged against the persons whom he think has abducted his daughter, the police refused to accept the information and threatened Jilal with dire consequences, should he continue to pursue the issue further. It is also alleged that the police then verbally abused him. Jilal was then detained for several hours in the police station in order to show the seriousness of the police officers' threats. I have learned that since the original complaint, Jilal has lodged at least two other complaints at the same police station in an attempt to recover his daughter. Jilal has filed a complaint with the Domkal police station against the alleged offenders on the October 5 and the 10 October 2006, and has also informed the matter to the Sub Divisional Police Officer Mr. Snehasis Dirghangi. I am aware that Jilal has also informed the Superintendent of Police and District Magistrate of Murshidabad, about the police inaction and of the ill treatment he received at the station. However, no action has been taken. As a consequence, Jilal is now living in fear that his actions in seeking justice will bring about the dire repercussions promised to him by the police. He believes that an attack on his family or property could befall him any day. I am also informed that the girl might have been subjected to child trafficking. I am informed that the alleged perpetrators named 1 to 6 above are those with a history of involving in child trafficking. I would like to call your attention to three grave concerns that I have regarding this case. (1) The Domkal police have breached the law in failing to file a kidnapping case at the request of the father. According to Sections 359 and Section 366 of the Indian Penal Code, kidnapping a minor and that too for suspected abuse of the minor is serious crime. (2) According to the Criminal Procedure Code of India, if the police receive a complaint regarding an offence serious in nature like kidnapping, the police must immediately register a case. In this case, the police was even informed the detailed address of the alleged suspects. However, for the reasons best known to the police, which appear to me as a case of bribery and corruption the police has thus far failed to take any action in this regard. (3) While his daughter is still missing, the father is running between different police stations and even to get his complaint registered, though as a man missing case he was made to pay money, which is illegal and a crime in India. I strongly urge you to commission an independent investigation into this matter in order to secure the young girl's freedom, arrest those responsible, as well as examine the Domkal police and the district magistrate for their absolute negligence in helping this victim of human trafficking. I am also informed that the Asian Human Rights Commission based in Hong Kong has written separate letters to the concerned agencies within the United Nations including the office of the office of the (1) Mr. Juan Miguel Petit, The UN Special Rapporteur on the sale of children, child prostitution and child pornography (2) Ms. Sigma HUDA, The UN Special Rapporteur on trafficking in persons, especially in women and children (3) Ms. Yakin Erturk, The UN Special Rapporteur on violence against women, its causes and consequences (4) The Head of UNICEF Filed Office in Kolkata and (5) Ms. Ann M. Veneman, Executive Director of the UNICEF calling for an urgent intervention into this case. I look forward to hearing about your action on this urgent matter. Your's sincerely, NAGARAJ.M.R. Dalits ostracized in Karnataka - PUCL Karnataka report on Kadakola By Dr. V Lakshminarayana, Sister Celia, Dr. E Rati Rao, R.V.Chandrashekar, Srikanth Karabi, Sister Anna and Gopal. 28October 2006 Kadakola, a small village near Basavabagevadi in Bijapur district is in the news for the past few months for reasons not so encouraging. Chalavadi community, a lower caste in the hierarchy is facing a social boycott from the upper caste and including Madigas which also a dalit community, for having used the Village tank water. A fact finding team comprising of Dr. V. Lakshminarayana and Dr. Ratirao from PUCL, Sister Celia and sri R.V Chandrashekar from NAPM, Srikanth Karabi from Human rights forum of Bijapur, Sister Anna and sri Gopal from Nava Sanidhya Samsthe of Bijapur, visited the village on 27-28th October 2006. Before the formation of Karnataka state Bijapur was a part of Mumbai province and even today one can visualize the cultural, Socio-economic moorings of the erstwhile Mumbai province in this region. The land owning pattern and the feudal system has remain unchanged since the British period and the social relations have, since the times of Peshwas the maratha rulers, who protected the Hindu caste hierarchy. Ironically the village Kadakola is situated 30 km away from Basavana Bagevadi, the birth place of Basavanna, the 12th century social reformer, who fought against the caste system within the hindu fold. But this region has not seen any anti caste movement nor any OBC movement and the land reforms implemented in 1970s by the Devaraj Urs government has had no effect here. There has been no effort whatsoever to disturb the socio-economic relations of the region throughout the history. And one cannot find any progressive social or ideological tendencies here, with Dalit movement being weak and left parties having almost no support base. But the region has a history of atrocities against the Dalits. Sasanur, a near by village was a centre of caste conflagration in 1946 when more than 50 chalavadi daliths were burnt alive. Dr.B.R.Ambedkar had visited the place after the incident. 1979 a relative of local MLA had raped a chalavadi girl and the incident was hushed up with a compensation of Rs.50/-. The infamous Devadasi system, once prevalent here is not found now. Recent Incidents It all started on 25th of July 2006 when Cahalavadi Ramanna, the president of “ Forum for protection human rights of untouchables “ gave a press statement that the Chalavadi dalits of kadakola, who are being prevented from using the tank water for drinking purpose for centuries, would break the tradition on 25th of July and would directly access the water themselves, as against the system of two intermediary caste people( Vaddas and Bhajanthris ), pouring water to them from a distance. The district administration immediately went into action and some dalit children were made to lift water from the tank. This incident infuriated the upper caste people and they along with Madigas, also a dalit community, imposed a social boycott on the Chalavadi community, which virtually meant not engaging them on daily wages, no access to shops and flour mills and any public services and facilities available. More than anything else the tank water was polluted to avoid chalavadi dalits using it. On 17th of October 2006 Justice Sadashiva commission, appointed by the state to study violations in implementation of statutory rights of SCs and STs , was camping in Bijapur and the Chalavadi daliths of Kadakola conducted a sit in demonstration in front of the commission’s office , protesting against the social boycott imposed on them. Justice Sadashiva promised the protestors of intimating the same to the government for further action. But much damage had already been done in the village. The chalavadi were denied jobs from 25th of July itself, they had no access to any shops to buy their daily needs, and the families were starving for months. Muniyappa a 75 year old bonded labour working for a landlord for the past 25 years, for a mere 2 quintals of jowar per year, was kicked out from the job. Temples and government corridors were closed for them and the students were barred from taking part in any functions of the school. The three doctors in the village refused to attend to chalavadi dalit patients and the government hospital was open to themonly from 25th October 2006. After these incidents appeared in the press, many groups and parties visited the village. The prominent among them being Maruti Manpade of CPI-M, Dhimathi Kaladagi of KRRS, Lakshmana Banahatti of Dalit panthers. They could find out that even though more than 40 cases of atrocities have been reported inkarnataka in this year , the government’s “Committee against atrocities on SC-ST” has never met even once and no minister has visited the village. The above groups apprehended the fear of torching of chalavadi colony by the upper castes and demanded for withdrawal of the boycott and providing jobs to the community people immediately and insisted on relocating the dalith colony. All these groups have planned for a March to DC office at Bijapur on 4th November 2006. Findings of the team In this backdrop the team visited Kadakola on 27-28th October 2006. The village is situated on the banks of River Doni , with rich black soil suitable for growing cotton, Jowar and other dry crops. There are 500 houses in the village of which 86 are of Chalavadi dalits, 50 Reddy lingayats (veersahaivas), 50 Ganigas, 30 Talvars, 40 Madigas and 40 Muslims, as told by Mallikarjuna Chalavadi, who says that the reddy lingayats own majority of land holdings. Neither Madigas nor Chalavadis own any land, though 2-3 years back government had disbursed some land to 4-5 dalits. Among chalavadis some 30 youth have studied upto 10th standard, 8 of them being girls .As the bore well water in the village is hard all dalits depend on the tank water for drinking purpose. Untouchablety is being practiced in several ways here, apart from the present boycott. When the upper castes cross theDoni river, the untouchables ,i.e., chalavadis, are supposed to carry their slippers to the other end of the river. The wages paid to the agricultural labours are Rs.30-40 for men and 12-20 for women. After Ramanna chalavadi gave the press statement, all the uppe rcastes and the Madigas assembled in a temple and decided unanimously to impose social boycott on the Chalavadi dalits. “The government had arranged work 15 days, now we don’t have any work on hand nor any government help. The DC is speaking of compromise settlement but to no avail. We are unable to fetch any provisions. Two upper caste men have been booked under atrocity case for having beaten Mr.Chayappa with slippers, and they are infuriated. But no case has been booked against those imposing boycott, for more than 3 months we are starving and surviving on assistance from relatives. The BJP MLA Shivaputra Desai is advising us to compromise, but we are not being compensated nor do we have a penny on hand, there are no telephone facilities for us. We have all voted to these parties and candidates and Taluk panchayat member of Telgi Nyamannanavar, president Srimantha Hallagi belong to our village, but his brother Ningappa Basantharappa Hallagi is the man behind the boycott, both these brothers are united against us and all these leaders belong to the reddy lingayat community” so narrates Smt.Chalavadi Yamunamma. Sangappa shivappa says “We are afraid of our houses being torched and so we keep awake throughout the nights. Madigas are also using the tank water but they have joined with the upper castes. More than 70 muslim families in the villages have stood by us and they have saved us from attacks from upper castes. The villages is still haunted the specter of caste discrimination. On the Dipavali day a 10 year old chalavadi boy was driven out from a cracker shop calling him an untouchable.” Muniyappa chalavadi had more to say “We are afraid the 60 year old sasanur incident may repeat here as the upper castes are threatening us of torching our houses. Today there are no chalavadis in Sasanur. If we were to live happily we should be shifted to the other side of the river near Allamaprabhu temple ,otherwise we should be given poison “ says Muniyappa sadly. When the team met Mr Srimanth Allagi , the president of Taluk Pachayat, who belongs to the reddy lingayat community, he said “We have advised all the villagers to live in harmony” andwhen we were discussing at that time a news of fire at Kadakola made him deepart from the scene. Then the team proceeded to Basavana Bagevadi and met Tahasildar Mr.M R Reddy, who, after hearing us said that the administration has given job for the affected people worth one lakh rupees and 10 kgs of rations is being provided to each family. We were also told that Atrocity case has been booked against 2 persons. When questioned “Why no such case has been filed against those imposing the boycott “the Tahasildar and also the DYSP told the team that they were trying for a compromise settlement amicably. Then the team met the DC at Bijapur and he said the administration has taken steps to give jobs for the chalavadis and there is no dearth of funds. When questioned about filing of cases against the perpetrators of crimes, the DC said “He has not received any complaints “When we reminded him about his authority to file case Suo motto he was speechless. The DC was apprised of the fact that the chalavadis are living in the grip of fear and hence they are not in a position to lodge any complaint. To the team’s observation that the upper castes of Kadakola have not stood by their promise of withdrawing boycott, as assured to the DC and the district administration has not taken any steps to file a case against the perpetrators of the crime during the past three months, the DC had a ready answer “ We are trying to solve the problem amicably through negotiations”. In fact the DC tried to pass on the blame on outsiders, i.e., Dalit leaders from outside, for creating all the trouble. When we met the people of Kadakola village on 28th of October they were gripped by the fear of reprisal and hunger had taken away much of their enthusiasm. Findings of the committee * The Chalavadi community of Kadakola is the victims of heinous caste system which is still alive and kicking. * The lower castes of the village are not supposed to directly access the public water tank and some upper castes used to pour water to them. When dalits tried to break this tradition trouble arose and instead of appointing police to monitor things the administration has appointed aged dalits and they have been attacked. The government has not taken any concrete steps in this issue. * Even after three months the social boycott imposed on the chalavadi dalits have not been revoked and the upper caste leaders who promise to the DC of revoking the same have violated the promise. This boycott has made life hell for the chalavadi community and the government has not offered any help in the form wages or jobs. The chalavadi dalits are treated worse than animals. * The administration has not filed atrocity cases against any of the upper castes who are responsible for imposing the boycott. Cases have been filed against 2 people for attacking the dalits. No arrests have been made and the culprits are roaming free in the village. The administration is trying to convince them for revoking the boycott. It is nothing but violation of law of the land and it is a shame on civil society for having tolerated the medieval caste suppression and oppression. * The government is playing dubious politics in the issue and the political parties including the left and Dalit groups are almost silent on the issue. This is frustrating development. Demands of the fact finding team * All the upper caste leaders responsible for imposing the boycott should be arrested forthwith under atrocities act. * Shifting of dalits to other place is not a viable solution, instead an atmosphere of harmony to be created in the village for the dalits to live happily. * Dalits of the village should be provided with jobs, health care and suitable security. The fear of reprisal from upper caste people, who had burnt 50 people in Sasanur 60 years ago, is hovering over dalit colonies and the government should initiate steps to clear the air of suspicion. * Deputy commissioner, District chief of the Police, And the Tahasildar who have failed in their duty to arrest the perpetrators of the crime should be transferred forthwith. * Dalits allege that the upper caste people have the support of Political parties and local upper caste politicians and hence they indulge in such heinous acts. We feel that the politicians should make a self introspection and protect the constitutional, legal rights of the dalits. Members of the team: Dr. V Lakshminarayana, Sister Celia, Dr. E Rati Rao, R.V.Chandrashekar, Srikanth Karabi, Sister Anna and Gopal. 28-10-2006 Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761 , HUDCO FIRST STAGE , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA……… cell : 9341820313 home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ contact : naghrw@yahoo.com , nagarajhrw@hotmail.com A member of AMNESTY INTERNATIONAL INDIA