Human rights violation in India

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  1. DV RULES
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    To moderators: This is not Kashmir thread.

    Discussions should highlight human rights situation in New Delhi, Bhubaneshwar (Orissa), Kolkata (West Bengal), Guwahati (Assam), Ahmedabad (Gujarat) regions.

    To members: Please avoid to make Kashmir thread as all Kashmir concern topics may discuss in Kashmir Forum.

    Statement of the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, as she concludes her visit to India


    NEW DELHI, 21 January 2011 – From 10 to 21 January 2011, I carried out a fact-finding mission to assess the situation of human rights defenders in India, and traveled to New Delhi, Bhubaneshwar (Orissa), Kolkata (West Bengal), Guwahati (Assam), Ahmedabad (Gujarat), Jammu and Srinagar (Jammu and Kashmir).

    I met with the Foreign Secretary; the Union Home Secretary; the Additional Secretary (International Organisations and Environment Diplomacy); the Joint Secretary (Human Rights), Ministry for Home Affairs; the State Chief Secretary, State Home Secretary and Director-General of Police in states visited; the Chairperson of the National Human Rights Commission; Members of the Statutory Full Commission; Chairpersons and Members of State Human Rights Commissions; and Judges from the High Court in Delhi. However, I regret I was unable to meet the Prime Minister, nor with members of the Parliament.

    I met as well with members of the diplomatic community and United Nations agencies in the capital. Finally, throughout my mission, I met a very wide and diverse segment of the civil society through national and regional consultations.

    I thank very much the Government of India for extending an invitation to me and for its exemplary cooperation throughout the mission. I further want to thank all human rights defenders with whom I had meetings, some of whom had to travel long distances to meet me. Finally, I want to express my appreciation to the Office of the United Nations Resident Coordinator in India for its invaluable support in preparation of and during the mission.

    While I must now take some time to review and analyse the considerable amount of information I have received, and to follow up on further exchanges of information with the Government, human rights defenders and other stakeholders, I would like to provide a few preliminary observations and recommendations.

    I first want to commend the Government for opening its doors to my mandate. Previous requests to visit India were made by my predecessor in 2002, 2003 and 2004. This is an important development, and I hope that the invitation requests of other Special Procedures mandate-holders will be similarly honoured in the near future.

    I further commend the Government for enabling me to visit five states, which assisted me in gaining a clear understanding of the local specificities in which human rights defenders work. Given the duration of the mission and the size of the country, I regret I could not access all parts of the country, but I invite those who wish to do so to provide me with information now or in the near future.

    I note with satisfaction that India has a comprehensive and progressive legal framework which guarantees human rights and fundamental freedoms, as enshrined, inter alia, in the Constitution, the Protection of Human Rights Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Right to Information Act. I welcome the commitment expressed by Indian authorities to uphold human rights.

    I further welcome the draft Bill on the Prevention of Torture with a view to ratifying the Convention Against Torture in the near future.

    Besides the National Human Rights Commission and existing State-level Human Rights Commissions, I note the existence of a wide range of Statutory Commissions mandated to promote and protect the rights of, inter alia, women, children, scheduled castes and scheduled tribes.

    However, despite the aforementioned laws aimed at promoting and protecting human rights, I note widespread deficiencies in their full implementation at both central and state levels, adversely affecting the work and safety of human rights defenders. Similarly, I have observed the need for the National and existing State Human Rights Commissions to do much more to ensure a safe and conducive environment for human rights defenders throughout the country.

    Throughout my mission, I heard numerous testimonies about male and female human rights defenders, and their families, who have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged, under surveillance, forcibly displaced, or their offices raided and files stolen, because of their legitimate work in upholding human rights and fundamental freedoms.

    These violations are commonly attributed to law enforcement authorities; however, they have reportedly also shown collusion and/or complaisance with abuses committed by private actors against defenders. Armed groups have also harassed human rights defenders in some instances.

    In the context of India’s economic policies, defenders engaged in denouncing development projects that threaten or destroy the land, natural resources and livelihood of their community or of other communities, have been targeted by State agents and private actors, and are particularly vulnerable.

    I am particularly concerned at the plight of human rights defenders working for the rights of marginalized people, i.e. Dalits, Adavasis (tribals) religious minorities and sexual minorities, who face particular risks and ostracism because of their activities. Collectivities striving for their rights have in fact been victimized.

    Women human rights defenders, who are often at the forefront of the promotion and protection of human rights, are also at particular risk of persecution.

    Right To Information (RTI) activists, who may be ordinary citizens, have increasingly been targeted for, among others, exposing human rights violations and poor governance, including corruption of officials.

    Other defenders targeted include those defending women’s and child rights, fighting impunity for past human rights violations, seeking accountability for communal pogroms, upholding the rights of political prisoners, journalists, lawyers, labour activists, humanitarian workers, and church workers. Defenders operating in rural areas are often more vulnerable.

    While I acknowledge the security challenges faced by the country, I am deeply concerned about the arbitrary application of security laws at the national and state levels (in Jammu and Kashmir and in the North-East of India), most notably the Public Safety Act and the Armed Forces Special Powers Act, the Jammu and Kashmir Public Safety Act and the Unlawful Activities Prevention Act, which direly affects the work of human rights defenders.

    I am troubled by the branding and stigmatization of human rights defenders, who are labeled as “naxalites (Maoists)”, “terrorists”, “militants”, “insurgents”, “anti-nationalists”, “members of underground”. Defenders on the ground, including journalists, who report on violations by State and non-State actors in areas affected by insurgency are targeted by both sides.

    Freedom of movement of defenders has also been restricted under these security laws; for instance, applications of passport or renewal have been denied, as well as access for defenders to victims in some areas.

    Illegitimate restrictions to freedom of peaceful assembly were also brought to my attention: for example, I was informed of instances of protests in support of a human rights defender in detention which were not allowed to take place.

    Finally, I am concerned about the amendment to the Foreign Contribution Regulations Act which provides that non-governmental organisations must reapply every five years for the review of their status by the Ministry of Home Affairs in order to receive foreign funding. Such a provision may be used to censor non-governmental organisations which are critical of Government’s policies.

    In view of the above, the space for civil society is contracted.

    Although the judiciary is the primary avenue for legal redress, I have observed that its functioning is hampered by backlog and significant delays in administrating cases of human rights violations.

    The National Human Rights Commission and the existing State Human Rights Commissions is an important additional avenue where human rights defenders can seek redress. However, all the defenders I met during the mission voiced their disappointment and mistrust in the current functioning of these institutions. They have submitted complaints related to human rights violations to the Commissions, but reportedly their cases were either hardly taken up, or the investigation, often after a significant period of delay, concluded that no violations occurred. Their main concern lies in the fact that the investigations into their cases are conducted by the police, which in many cases are the perpetrators of the alleged violations. While I welcome the establishment of a human rights defenders focal point within the National Human Rights Commission, I regret that it was not given sufficient prominence within the Commission.

    Based on the above, I wish to make the following preliminary recommendations:

    To the Central and State Governments:

    * The Prime Minister and the Chief Secretaries should publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who “individually and in association with others, […] promote and […] strive for the protection and realization of human rights and fundamental freedoms at the national and international levels “ (article 1 of the Declaration on Human Rights Defenders, A/RES/53/144). Specific attention must be given to human rights defenders who face particular risks (as identified above).

    * Security forces should be clearly instructed to respect the work and the rights and fundamental freedoms of human rights defenders, especially human rights defenders who face particular risks (as identified above).

    * Sensitization training to security forces on the role and activities of human rights defenders should be delivered, with technical advice and assistance from relevant UN entities, non-governmental organizations and other partners.

    * Prompt and impartial investigations on violations committed against human rights defenders should be conducted, and perpetrators should be prosecuted.

    * The Supreme Court judgment on police reform should be fully implemented in line with international standards, in particular at the State level.

    * Full implementation of laws and policies which guarantee human rights and fundamental freedoms of human rights defenders should be ensured.

    * A law on the protection of human rights defenders developed in full and meaningful consultation with civil society and on the basis of technical advice from relevant UN entities should be enacted.

    * The Foreign Contribution Regulation Act should be critically reviewed.

    * The Draft Bill on Prevention Against Torture should be adopted without further delay.

    * The Optional Protocol to the Convention on the Elimination of all forms of Discrimination Against Women should be ratified. The ratification of the complaints procedure will provide women human rights defenders an opportunity to access another procedure to address any violations of rights under the Convention.

    * The Armed Forces Special Powers Act and the Public Safety Act should be repealed and application of other security laws which adversely affect the work and safety of human rights defenders should be reviewed.

    * The functioning of the National Human Rights Commission should be reviewed with a view to strengthening the Commission by, inter alia: broadening the selection criteria for the appointment of the Chairperson; diversifying the composition of the Commission; extending the one-year limitation clause; establishing an independent committee in charge of investigating complaints filed; elevating the status of the human rights defenders focal point by appointing a Commissioner. The Protection of Human Rights Act should be amended as necessary in full and meaningful consultation with civil society.

    * State Human Rights Commissions should be established in states where such commissions are not yet in existence without further delay.

    * Central and State Governments should continue collaborating with Special Procedures of the Human Rights Council, including by extending invitations for country visits.

    To National and existing State Human Rights Commissions:

    * The supportive role of the commissions for human rights defenders should be strengthened by inter alia, conducting regular regional visits; meeting human rights defenders in difficulty or at risk; and undertaking trial observations of cases of human rights defenders wherever appropriate.

    * The visibility of the commissions should be ensured through regular and proactive engagement with civil society and the media.

    * A toll-free 24-hour emergency hotline for human rights defenders should be established.

    * The commissions should monitor the full implementation of recommendations made by UN human rights mechanisms, including Special Procedures mandate-holders, Treaty Bodies, and the Universal Periodic Review.

    To the judiciary:

    * In the absence of a witnesses and victims protection Act, the judiciary should take measures to ensure the protection of human rights defenders at risk, witnesses and victims.

    * The judiciary should ensure better utilization of suo motu whenever cases of violation against human rights defenders arise.

    * The importance of the role of human rights defenders in the vibrant and active functioning of the judiciary should be recognised.

    To human rights defenders

    * Platforms or networks aimed at protecting defenders and facilitating dialogue should be devised or strengthened.

    * Defenders should better acquaint themselves with the Declaration on Human Rights Defenders.

    * Efforts should be made to continue making full use of United Nations Special Procedures and other international human rights mechanisms when reporting on human rights violations.

    To the international community and donors

    * The European Union Guidelines on Human Rights Defenders and local strategies on India should be implemented on a systematic basis.

    * The situation of human rights defenders, in particular the most targeted and vulnerable ones, should be continually monitored, and support for their work should be expressed through, inter alia, interventions before central and state institutions.

    * Efforts should be intensified in empowering civil society.

    To all stakeholders:

    * The Declaration on Human Rights Defenders should be translated in main local languages, and disseminated widely.

    * Efforts should be continued to raise civic awareness among the general public, and the spirit of dialogue and cooperation in society fostered.

    I will present my full report with final conclusions and recommendations to the UN Human Rights Council in March 2012.
    ***

    ENDS

    Margaret Sekaggya, a lawyer from Uganda, was appointed Special Rapporteur in March 2008 by the UN Human Rights Council. She is independent from any Government and serves in her individual capacity.



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  2. SR 71 Blackbird
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    SR 71 Blackbird BANNED

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    Please improve the human rights condition in Uganda first!!:rofl::rofl::rofl::rofl::lol::lol:
  3. The HBS Guy
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    The HBS Guy SENIOR MEMBER

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    So you've made a thread dedicated to human rights issues in India.

    Thanks so much man.

    I can't imagine you love us so much!
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  4. SpArK
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    Nice observation.. A lot of good work needs to be done though.. And what's with the strange header again... :tup::tup::tup:
  5. The HBS Guy
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    The HBS Guy SENIOR MEMBER

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    I guess the OP intends this to be a dedicated thread for human rights issues in India.

    WATCH THIS SPACE!
  6. Roybot
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    You need to be humans to have human rights. Us Indians are above humans.:dance3:

    Future predictions for this thread: Expect human right violation cases report from countries such as Pakistan and China, and if you are lucky you might get to see some from Bangladesh too.
  7. SpArK
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    Any guess where this thread will head into even though its a positive thread..

    No points for guessing. :lol:
  8. DV RULES
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    DV RULES SENIOR MEMBER

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    As anti-Christian violence continues, Orissa government fails to uphold the law

    01/25/2011
    by Santosh Digal

    In 2010, the National Human Rights Commission recorded 62 cases of human rights violations. NHRC officials visit the Orissa state capital where they stress the need for a plan to prevent future anti-Christian violence.


    Bhubaneswar (AsiaNews) – In Orissa, Christians continue to be killed, fall victims to act of violence and endure discrimination, this more than two years after the pogroms that took the lives of 75 people. Last year, Christians and Dalits were victims in 62 cases of human rights violations, this according to the National Human Rights Commission (NHRC).

    On 18 January, HHRC chairman K. G. Balakrishnan arrived in Bhubaneswar where he urged local authorities to stop religious and caste intolerance, especially in Kandhamal district.

    Fr Ajaya Kumar Singh, social service director of Archdiocese of Cuttack-Bhubaneswar, told AsiaNews that the Orissa government could do more against human rights violations in Kandhamal. It could start by providing adequate and faster compensation to families who lost members during the 2008 Hindu pogroms.

    Adikanda Singh, a Dalit and human rights activist, called for a plan to provide security against violence by Hindu extremists. For him, the government is to blame for the situation.

    “The justice system has failed to punish the authors of crimes,” he said. “This shows the state cannot judge its citizens with equality.”

    In recent years, an atmosphere caused by weak institutions has forced 50,000 people to flee their homes.

    Most of the culprits are still free whilst witnesses called to testify in Kandhamal courts have been subject to threats and discrimination.


    INDIA As anti-Christian violence continues, Orissa government fails to uphold the law - Asia News
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  9. The HBS Guy
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    ^^ Happy belated valentines day. Thanks for loving us this much.

    Itna pyaar Pakistan se kiya hota toh Pakistan kahan ka kahan pahunch gaya hota.
  10. DV RULES
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    The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC) concerning the case of Ms. Lara (name changed) a victim of sexual harassment from Assam state. It is reported that the victim had to resign from her job since her superior colleagues tried to sexually molest her. On the day of her resignation, the suspected officers tried to rape the victim at their office. The police, despite having registered a case against the suspects are now demanding the victim to forgive the suspects and settle the case.

    CASE DETAILS:

    It is reported that on 2 December 2010 at about 2.30pm, Lara's two senior colleagues, Mr. Sandip Sarkar and Mr. Rajeeb Nath, assaulted, molested and attempted to rape Lara at the office of her company. Lara worked as an office assistant and a computer operator at Rose Valley Chain Marketing System Ltd., at Bhaga Branch in Assam state. The incident happened at the regional office of the company, where she was asked to report by her seniors. The company where Lara was employed is a subsidiary of Rose Valley Group with Registered Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata - 700059, West Bengal.

    Sarkar is the Assistant Regional Manager at the regional office at Silchar, Assam state. Sarkar called Lara on 18 November 2009 at about 9pm on her mobile telephone and demanded sexual favours from Lara. Lara refused and requested Sarkar not to use such language with her in the future. Due to this, Lara alleges that Sarkar deliberately transferred her from Aizawl branch, Mizoram state to an office in Bhaga which is nearer to the regional office (about 45 Kilometres from Silchar).

    Lara alleges that Sarkar then repeatedly called Lara and continued using unsolicited and sexually implicit language in the conversations, despite Lara's request to stop it. Lara claims that Sarkar also tried requesting Lara's colleague, Ms. Dolly (name changed), to convince Lara to pay heed to Sarkar's unsolicited demands. Both Lara and Dolly being subordinate staff were helpless and worse, it was impossible for them to avoid Sarkar's calls.

    On one occasion Sarkar asked Lara and Dolly to come at Silchar Branch at 4pm. Lara and Dolly informed Sarkar that the last bus from Silchar to Bhaga stops at 4pm. Sarkar then offered Lara and Dolly to stay at a hotel at Silchar. However, they refused to travel to Silchar on that occasion.

    Both Lara and Dolly complained to the Senior Marketing Officer Mr. Mrinal Kanti Dutta about the harassment to which Sarkar subjected them to. Dutta enquired into the matter. Instead of taking action against Sarkar, Dutta and the vigilance officer of the company requested Lara and Dolly to forgive Sarkar for the sake of the company’s name and goodwill.

    Lara alleges that due to the complaint, Sarkar withheld her salary increment by misusing his senior position in the company. It is alleged that soon another senior colleague, Mr. Rajeeb Nath, became Sarkar's accomplice in his misadventures against Lara. Nath contacted Lara and informed her that her pending salary increment would be released only if Lara agreed to Sarkar's unsolicited requests for sexual gratification. Nath also informed Lara that she would be posted to her hometown Aizawl branch should she comply. Lara once again refused to the demands. Sarkar and Nath continued harassing Lara regularly over the mobile telephone continuously then on.

    The situation gradually became so unbearable to Lara that she decided to resign. Lara submitted her resignation letter on 2 November 2010 to Mr. Jyoti Prasad Mohan, the Regional Manager, requesting the company to relieve her from the job on 30 November 2010. The same day, Lara went to the regional office at Silchar for the final settlement of her salary and other dues including the amount due to her from the Employees' Provident Fund. Lara reached the regional office at Silchar by noon and found the Regional Manager not at the office.

    Sarkar was in-charge of the regional office in the absence of the Regional Manager. It is alleged that Sarkar intentionally kept Lara waiting outside his cabin until 2.30pm. When Lara entered the cabin and took a seat, Sarkar called Nath over his extension to visit him. Nath came to the room immediately. Thereafter, both Sarkar and Nath asked Lara to stay in a hotel and have sex with them. They also told Lara that all her problems would be resolved if she obliged.

    Lara sternly rejected the proposal and stood up from the chair. Suddenly, both Sarkar and Nath jumped over Lara and assaulted her physically. Both tried to overpower Lara and rape her then and there. Lara gathered strength and started shouting for help. Other colleagues in the office assembled near the room after hearing Lara shouting for help. However, Sarkar and Nath managed to escape from the office. Lara alleges that Sarkar was vigorously trying to remove her shirt. While they escaped, Sarkar snatched Lara's gold chain that she was wearing. In the attempt to snatch the chain, Sarkar tore off Lara's shirt. Lara alleges that the chain is worth Rs. 15,000.00.

    Immediately after the incident, Lara filed a complaint at the Vairangte Police Station in Kolasib district, Mizoram state. The officer-in-charge (OC) forwarded the complaint to the Silchar Sadar Police Station on 3 December 2010. It was reported that on 4 December 2010 the OC of Silchar Sadar Police Station registered a case, number 2254 under Sections 342 (punishment for wrongful confinement), 354 (assault or criminal force to woman) and 427 (mischief causing damage) read with Section 34 (criminal conspiracy) of the Indian Penal Code, 1860 (IPC) against Sarkar and Nath.

    It is also reported that Mr. Puia, Sub-Inspector of police is the Investigating Officer (IO) in the case. Lara alleges that the IO did not show any interest in investigating the case. Instead, the IO made several calls to Lara from various telephones asking her whether she wanted to rejoin the company or would join any other work. The IO expressed his readiness to help Lara in either way. According to Lara, the IO made his last call from the mobile number +91-94352 95037 at 6.27pm on 18 January 2011.

    Lara suspects that the police is under the influence of Sarkar and Nath, for which they are using their position in the company. Lara alleges that the case would never be investigated and even today the police have failed to properly record her statement or to question other witnesses to the incident. Lara also fears that she will receive no further protection from her assailants, should they try to hurt her further or threaten her.

    INDIA: Woman forced to quit job and denied justice after sexual harassment



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  11. DV RULES
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    8 February 2011
    ------------------------------------------------------
    INDIA: Assam police harass and threatened a rape victim

    ISSUES: Violence against women; Rape; Assault; Police corruption
    ------------------------------------------------------

    The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC), Assam concerning the case of rape of a 20 year-old-woman by her father-in-law. The victim was raped because she belongs to a poor family and was unable to provide the dowry during the time of her marriage. A complaint was then lodged to the local police station but to-date no action has been taken. Instead, the victim was threatened by the investigating officer to withdraw the complaint.

    CASE NARRATIVE:

    On December 2009, Mrs. Sonia (name changed) aged about twenty years was married to Mr. Pabitra Das. Sonia's husband Pabitra does not have any proper source of income for their livelihood. He sells low quality ornaments in remote villages. Sonia's father-in-law, Mr. Haricharan Das is a widower and works as a teacher in a government school.

    Sonia belongs to a poor family and her father Mr. Dondodhar Das could not provide a sufficient dowry during the time of her marriage. Sonia alleged that after four/five months after her marriage, hers husband's family demanded Rs. 50,000/= and a bicycle as dowry. When Sonia expressed her father's inability to provide the demanded dowry, the entire husband family gradually started subjecting Sonia to mental and physical harassment. This was perpetrated mainly by Sonia's father-in-law.

    Sonia's husband, and his unemployed younger brother Mr. Jayanta Das, used to leave home early in the morning everyday in search of work and return around 10pm. Sonia alleged that her father-in-law Haricharan beat her one day in his son's absence and forced Sonia to have sex with him. This incident left Sonia traumatised. Sonia was at her wit's end and could not tell anyone out of shame, disgust and fear. She has since been compelled to have sex with her father-in-law on several occasions.

    The conditions became unbearable for Sonia that finally she told everything to her husband. Pabitra, instead of trusting his wife, hurled verbal abuse at her and accused Sonia of trying to malign his father and his relatives with the intension of breaking up the family. Sonia could no longer endure the agony and anguish and returned to her maternal home on July 2010. Sonia told her father and mother about the demand of dowry, ill-treatment and cruelty towards her but did not tell them of rape and molestation by her father-in-law.

    Sonia's father Dondodhar thought it was a normal wear and tear of conjugal life or at most a little ill-treatment for dowry. Dondodhar insisted that his daughter reconcile with her husband and their family so that She could start a new life, forgetting the past incidents. Dondodhar along with other village elders went to Haricharan's house to discuss all matters other than the sexual harassment of his daughter Sonia. Sonia was then told by her father to stay with her husband and their family after the discussion.

    It is reported that on September 2010 Haricharan with his whole family moved to Dhoomkar village from Salimabad. The place was new for Sonia and she did not know anyone. At this juncture, Haricharan once again started sexually assaulting his daughter-in-law. When Sonia could no longer bear to keep quiet and suffer in silence she told her husband on 29 November 2010. Pabitra became furious as he was already convinced of his father's innocence and started beating Sonia. Sonia's father-in-law and brother-in-law, Jayanta, joined him in assaulting Sonia.

    Sonia alleged that the three men were trying to kill her and later that night at around 10 pm managed to escape the house. The father and sons tried to follow Sonia but could not trace her in the darkness. Mr. Somorendra Deb, resident of Dhoomkar and other passers-by including Ms. Ratna Das, President of Korkori Gaon Panchayat and Mr. Narat Lal Das, Vice-president of Korkori Gaon Panchayat found Sonia, gave her shelter, and informed the local police.

    It is reported that on 30 November 2010 Sonia lodged a complaint to the Kalain police outpost but it was not registered in the police station. Therefore, Sonia filed two other complaints in the Court of Chief Judicial Magistrate (CJM), Silchar on 6 December 2010. The CJM clubbed both the complaints together and directed the Katigorah Police Station (PS) to register a First Information Report (FIR) and investigate the case.

    Thereafter, an FIR was registered at Katigorah PS as Case no. 666/10 under Sections 376 (punishment for rape) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code, 1860 (IPC) against Sonia's husband Pabitra, brother-in-law Jayanta and Haricharan, father-in-law. Mr. Prabhat Saikia, a Sub-Inspector of Police and In-Charge of Kalain police outpost was made the Investigating Officer (IO) of the case.

    However, the police did not take any actions to investigate the case based on the FIR. Instead, the IO met the victim, Sonia, and pressured her to withdraw the complaint and to settle the matter amicably. Sonia alleged that the IO threatened to render her family beggars and homeless if she continued to pursue the case in courts or any other legal forums.

    On 30 December 2010, Sonia wrote a written complaint to the district Superintendent of Police (SP) about the misconduct of the IO and requested the SP to intervene in investigating her case. There has been no response or action from the SP as yet on Sonia's complaint.




    1 February 2011
    ------------------------------------------------------
    INDIA: Assam police assaulted mother and daughter during mid-night at home

    ISSUES: Assault; Threats; Witness protection; Police inaction and negligence
    ------------------------------------------------------

    The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC), Assam concerning the case of assault of a 24 year-old-girl and her mother by the police in Cachar district, Assam. This incident occurred at midnight when the police were searching for a fugitive, Mr. Hussain Ahmed Laskar. Police then threatened the victims when a written complaint was filed with the local police station. Insofar, the local police have taken no actions on the victim's complaint.

    CASE NARRATIVE:

    At midnight on 15 December 2010, a team of police officers knocked on the door of Ms. Hasina Begum Laskar's house while they were sleeping. Hasina, aged about 24 years, lives with her 60-year-old mother, Mrs. Alfatun Nessa Laskar. Her father has passed away and the family lives at Barjatrapur Village under the jurisdiction of Borkhola Police Station in Cachar district of Assam.

    Hasina asked the persons to identify themselves and the reason for the visit. The officers told her that they were from the police and wanted to enquire about a fugitive name Mr. Hussain Ahmed Laskar. Hasina replied that she did not know the person. The police officers then demanded that Hasina open the door and when she refused they entered the house forcefully after breaking open the door.

    It is reported that Sub-Inspector Mr. Ibrahim Khalilullah Kabir of Borkhola Police Station in Cachar district of Assam state led the police officers. Ibrahim is also the Officer-in-Charge of Bhangarpar Police Out-Post of Borkhola Police Station. Hasina alleges that the police officer was accompanied by his fellow constables and not any woman police officer, as is required by the law.

    Officer, Ibrahim, asked Hasina a few questions about the fugitive Hussain before suddenly grabbing Hasina's hand. Hasina claims that the officer pulled her closer as if he had intentions to sexually harass her. Hasina resisted the officer's advances and that resulted in a scuffle. Hasina then started screaming for help. Upon hearing Hasina, her mother woke up. When the mother came into the room where Hasina and the officer were struggling she tried to stand in between the officer and her daughter, in order to protect her daughter and free her from the officer. The officers infuriated by the resistance of the two women, started assaulting them. Hasina's mother vomited at the time, after suffering injuries from the assault and undoubtedly from shock due to fear. Then she fainted and fell to the ground.

    It is reported that Hasina's neighbours started gathering near the house after hearing the cries of Hasina and her mother. The police left the house after seeing the people. Hasina's neighbours dialed an emergency helpline number 108 (free medical services provided by the government) and explained the incidents briefly. An ambulance came and picked-up Hasina's mother and took her to the Silchar Medical College Hospital. Hasina's mother was later discharged from the hospital but is still under medication.

    On 18 December 2010, Hasina lodged a written complaint with the Superintendent of Police (SP) of Borkhola Police Station, Cachar district, Assam. However, following this, Hasina alleged that an unknown person called her mobile and threatened that if she proceeded against the police officer, she would suffer grave consequences.


    INDIA: Assam police assaulted mother and daughter during mid-night at home — Asian Human Rights Commission


    Here are few examples over Human rights situation in India, with passage of time rate of violations increased & minorities suffered from cast & political misbehave by legal authorities and with fundamental religious activists.

    Social violations with women & minorities families put a big question over HR situation in India.
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    @DV..... the link site you have given has got another countries too..including your own.

    Have you started a dedicated thread on them or are you just interested in India only.. Just asking out of curiosity.
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