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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.3 . issue.04.............07/04/2007
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 Editorial : education  sevice or  money spinning business – crimes by educational institutions _ an appeal to honourable  supreme court of India

Education is a wealth which must be shared with the needy & education alone elevates human beings from all miseries. Keeping this in mind in the olden days numerous philanthropists have donated buildings , lands , money to educational institutions. Keeping the same objective in mind & knowing fully well about rampant illiteracy in India resulting in various social problems , our constitutional frame workers made literacy  of masses a priority for every government & part of  directive principles of our constitution.

Now , various politicians , their cronies  some of whom are not even matriculates  are  opening schools , colleges , professional institutions not to serve society by providing education to the masses. But to make money , as education is a no loss only profit business. Are these people opening these educational institutions as corporate bodies which legally permits them to indulge in educational businesses, NO. They form charitable trusts & educational institutions as part of those trusts with the avowed objective of serving the society , needy poor persons & to provide them education. Therby , they get prime lands , CA sites from government authorities at concessional rates , they get tax cuts , they import instruments & equipments at concessional rates with duty exemptions. The government  extends all these benefits to those trusts to serve the poor. However , these trusts never admit poor persons to their institutions , they extract huge  donations from parents of students. Sometimes they give fictious receipts , some don't give any receipts at all. The trustees never remitt those donations to the trust account. After paying such huge donations , still those parents are not admitted as members of the very same trust, lest they speak out against  trust fund misuse. So, naturally the trust cheats the government of the taxes which ideally it must pay.

Many schools & professional colleges even lack the basic educational infrastructure to provide education , still they are running the show since years . courtesy corrupt public servants. Take the recent government of Karnataka education department order , which has ordered to shut down more than 22200 schools in Karnataka state. These 2200 schools were functioning since years teaching students in English medium although they were legally permitted to teach only in kannada medium.  The range A.E.Os , E.O , B.D.O everybody were aware of this but kept mum as bribe money was in their mouth , the only persons who didn't know the truth were hapless parents.  The schools gave wide advertisements , pamphlets  inviting admissions for English medium schools , even on the boards of school , school stationeries , receipts , etc , it is mentioned as ENGLISH MEDIUM SCHOOL. So , in this mass cheating act  of educational institution managements together with corrupt government servants  , now hapless parents  & careers of budding young children  is getting a beating. The shameless double act of government  now to close down these schools is not right , the government should have done this in the very first year of these educational institutions. These managements have cheated the parents & also violated the faith of the consumer .

Hereby , we do humbly request you to register  cheating case against  managements of  these 2200 educational institutions together with respective range A.E.O , E.O , B.D.O as per  IPC and to  provide relief , compensation  to parents of students as  per consumer act.

Jai hind. Vande mataram.

Your's sincerely,

 Is the election in Uttar Pradesh a contest between criminals? 

Criminalisation of politics in India is a growing problem, despite legal attempts to address it. In 2003 a law was introduced to prohibit the election of criminals or alleged criminals to state or central legislature. However, persons with criminal or alleged criminal backgrounds continue to hold seats in parliaments all over the country. In fact, current statistics show that some 23.2 per cent of members of parliament in India have criminal investigations or cases pending against them. The forthcoming state election in Uttar Pradesh is a case in point. An estimated 35 per cent of candidates have trials and cases pending against them. The charges include rape, armed robbery and murder.

The primary reason for criminal elements gaining political power is the failure of rule of law. When justice becomes distant and elusive, alternative platforms surface to deliver so-called justice through muscle power. Criminals protect the illegitimate interests of politicians and in turn obtain protection from them and their parties. This mutually beneficial relationship works against the establishment of the rule of law. As a consequence, the criminal justice system is increasingly corrupted and manipulated. This decrepit state of affairs is essential to the continued criminal hold on parliaments across the country, as reasonably well-functioning police, prosecutors and courts would be a death blow to those in control.

The election commission and parts of government have set down norms and appointed committees, with little effect. The Vohra Committee report paints a grim picture of criminal elements in politics and has made various suggestions, as has the National Committee on the Review of the Working of the Constitution. Based on this information, the Election Commission of India has filed a number of proposals for the consideration of the Government.

The judiciary has also made directives concerning the writ petitions filed by the Association for Democratic Reforms [ADR] and the People's Union for Civil Liberties [PUCL] in May 2002. The central government failed to take any legislative initiatives to bring greater transparency to elections in response. However, the Election Commission of India the following month mandated disclosure of criminal records of electoral candidates--including convictions, charges pending and cases initiated, financial records and assets and liabilities of a candidate, their spouse and other close relatives.

To circumvent this order, the government drafted an ordinance with provisions expressly in violation of the Supreme Court's directives and Article 19 (1) of the Constitution of India. In August 16 2002 the government sent the ordinance for the president's approval. However, concerned citizens and activists got together under the banner of the National Campaign for Electoral Reforms and pressured the president to refer the matter under Article 143 of the constitution to the Supreme Court. The president returned the ordinance to the Indian parliament for reconsideration on 23 August 2002. But the cabinet reiterated its position against disclosure of details of the candidates for election and simply returned the ordinance to the president, who had no other option by law but to promulgate it.

The Lok Satta, PUCL and ADR challenged the constitutionality of the ordinance in the Supreme Court, which on 13 March 2003 struck down the amendment brought in by the ordinance by holding that Section 33B of the Representation of People's Act of India is unconstitutional. It also held that the parliament cannot abridge the right of the citizens to know about the candidates and for all practical purposes declared that the notification issued by the Election Commission of India must be made law.

As of now candidates to an election are obliged to submit an affidavit in a prescribed form declaring assets, liabilities and criminal antecedents. Furnishing of wrong information is an offence and on proof the election of the candidate is invalid.

To exercise freedom of speech and expression there must be freedom of choice, which depends upon the right to be informed. Citizens have every right to know about the persons whom they prefer as their representatives. This is a fundamental right under Article 19 (1) of the Constitution of India. The guidelines issued by the Election Commission of India mandate the presiding officer of a district to provide information about the candidate to anyone who claims and denial of such data is illegal.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH INDIA

Dear Sir , 

INDIA: Dalits allegedly beaten up by upper caste and police refuse to register a case

Name of victims:
1. Mr. Chhotelal, son of late Shivnath, aged 60 years
2. Ms. Roopa, daughter of Shankar, aged 50 years
3. Mr. Shankar Ram, son of late Shivnath, aged 50 years
4. Ms. Roma, daughter of Shankar, aged 14 years
5. Mr. Lalchan Ram, son of Suddhu, aged 45 years
6. Ms. Lalmani, daughter of Sitaram
7. Mr. Roop Chandra, son of Bhullan Ram, aged 50 years
8. Mr. Dharmendra, son of Banarasi, aged 10 years
[all are residents of Dasanipur village within the jurisdiction of Phoolpur police station, in Harahua block, Varanasi district, Uttar Pradesh]

Alleged perpetrators:
1. Mr. Vijay Kumar, son of Sharada Patel, aged 20 years
2. Mr. Munna Lal, son of Sharada Patel, aged 25 years
3. Mr.  Kumar, son of Vanshulal, aged 32 years
4. Mr. Durga Prasad, son of Bhagwan Das Patel, aged 30 years
5. Mr.  Mahajan, son of Bhagwan Das Patel, aged 27 years
6. Mr.  Jay Singh, son of late Ram Kewal Patel, aged 25 years
7. Mr. Naresh Kumar, son of Chauthi Patel, aged 40 years
8. Mr. Anil Kumar, son of Mahendar Patel, aged 20 years
9. Mr. Nikku, son of Harilal Patel, aged 20 years
10. Mr.  Munna Lal, son of Sukharan Patel, aged 30 years
11. Mr. Harilal, son of Moti Patel, aged 20 years
12. Mr. Vinay, son of Moti Patel, aged 30 years
13. Mr. Vinod, son of Phulchan, aged 30 years
[all are residents of Dasanipur village within the jurisdiction of Phoolpur police station, in Harahua block, Varanasi district, Uttar Pradesh]
14. The Station Officer of Cholapur Police Station, Varanasi district, Uttar Pradesh

Date and place of Incident: 27 and 28 of March at Dasanipur village

I am writing to voice my concern against the alleged assault of the members of the Dalit community by the members of the Patel community in Dasanipur village on 27 and 28 March 2007, in Harahua block of Varanasi district, Uttar Pradesh state, India. I am informed that a small brawl between the children of both communities regarding a dance party have taken a serious turn whereby the members of the Dalit were intimidated and assaulted by the members of the Patel community of the village. I am also informed that the members of the Patel community allegedly attacked the house of Mr. Shankar and assaulted his daughters Ms. Roma and Rupa. I am also informed that the house and household utensils were destroyed in the attack.

I am concerned to know that when the injured from the Dalit community were admitted to the Pandit Deen Dayal Upadhyay Hospital in Varanasi they were allegedly denied treatment against which they have lodged a compliant with the Chief Medical Officer, Varanasi. I am also informed that the Station Officer from the Cholapur police station who visited the Dalit houses on a complaint filed by the Dalits in fact did not register a complaint against the assailants, but allegedly took into custody two Dalits – Ram and Paras into custody and assaulted them in custody and booked them with a false case along with 10 other members of the Dalit community.

I am aware that any assault or insult in public of a member of the Dalit community is an offense punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I am surprised about the manner in which the local police have handled the issue without registering a case against the perpetrators under the provisions of this Act.

I therefore urge you to immediately intervene in this case by initiating an independent inquiry into the case. The alleged assault of Ram and Paras at the Cholapur police station and also the refusal by the doctors and nurses at the Pandit Deen Dayal Upadhyay Hospital to give adequate treatment to the injured Dalits must be inquired into. I also request you to ask the Senior Superintendent of Police to investigate the matter and register a case against the perpetrators named above under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

I trust that your intervention will be forthcoming in this matter.

Your's sincerely,

APPEALS TO HONOURABLE CHIEF MINISTER OF WEST BENGAL INDIA

APPEAL NO.1

Dear  Sir ,

INDIA: Death of a woman in suspicious circumstances and local police failing to investigate the case properly

Name and address of the victims:
1. Ms. Kashmira Khatun, aged 16 years , daughter of Sk. Mainuddin, resident of Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
2. Mr. Ensan Mallik, son of Korban Mallik, residing at Koleypara village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
3. Mr. Subrata Koley, son of late Fatik Koley, Koleypara village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
Date and time of incident: 23 October 2006 at about or after 10pm
Place of incident: Koleypara village, Bhagabatipur, Hoogly district, West Bengal
Alleged perpetrators:
1. Mr. Tapasbrati Chakraborty, the Officer in Charge, Chanditala police station, Hoogly district, West Bengal
2. Mr. Laltu Mallik, son of Saikh Kalo Mallik, Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state
3. Mr. Jakir Mallik, son of Jadu Mallik, Nababpur village, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state

I am writing to you to express my concern regarding the death of Ms. Kashmira Khatun, aged 16 years , daughter of Sk. Mainuddin, resident of Khelser Chak village, Purba Bhagabatipur, under the jurisdiction of Chanditala police station, Hoogly district, West Bengal state that happened on 23 October 2007 and the manner in which the local police is investigating into the case. I am informed that upon information regarding the death of Kashmira in suspicious circumstances the Chanditala police has registered two cases, one as case number 136 of 24 October 2006 as a case of murder and destruction of evidence and case number 59 of 24 October 2006 as a case of unnatural death.

I am concerned to know that two suspects Mr. Laltu Mallik and Mr. Jakir Mallik though has been brought to the notice of the local police by the father of the deceased women, the local police have not questioned them regarding their possible involvement in the crime. The father of the deceased, Mr. Mainuddin, suspects that the above two persons are involved in the crime and that the local police is not questioning them owing to the illegal nexus between them and the local police. I am also informed that instead of investigating the case scientifically the Officer in Charge of Chanditala police station is taking people like Mr. Ensan Mallik and Mr. Subrata Koley into illegal custody and trying to force a confession from them in the case.

I strongly suspect that the motive of the police is not to investigate the crime properly but to somehow get rid of the case charging someone with the crime. I am concerned to know about the state of affairs of the investigation into the case and the very fact that the Officer in Charge of Chanditala police station is detaining persons for days together at the police station without producing them before a local magistrate. I am aware that this procedure is a violation of the existing guidelines of the Supreme Court of India in the D. K. Basu case and that such acts call for an immediate contempt of court action against the police officer.

I therefore urge you to take immediate action in the case ordering an impartial and scientific investigation into the case and also to order a separate investigation into the alleged acts of violation of rules and procedures by the Officer in Charge of the Chanditala police station. The officer must be immediately removed from active service and his conduct investigated and punished if found guilty. The entire investigation into the case must be completed in a reasonable period of time and the accused brought to trial at the earliest.

Yours sincerely,

NAGARAJ.M.R.

Appeal no.2

Dear Sir or Madam:,

INDIA: Two minor boys allegedly shot dead by the Indian Border Security Force

Name of victims:
1. Asif Iqbal, aged 13, son of Mr. Asmat Sk., the student of class Vll, Section 'C' Roll No. 48 of the Katlamari High School, the resident of Ramnagar Para village, Katlamari, Raninagar police station, Murshidabad district, West Bengal, India
2. Sahin Sk., aged about 15, son of Mr. Jalil Sk., the student of class Vl, Section 'E' Roll No. 2 of the Katlamari High School
Alleged perpetrators: Personnel of 140 Battalion posting at the Kaharpara Border Out Post (BOP)
Place of incidence: 4 kilometers inside the Indian territory from the International Border Pillar
Date of incident: At around 10:30pm on 1 April 2007

I am writing to you to express my concern regarding the murder of two boys named above by the BSF stationed at 140 Battalion, posted at Kaharpara Border Out Post. I am informed that both boys were students of the Katlamari High School and were taken into custody with the cattle they were allegedly trying to take across the Indo-Bangladesh border. I am concerned to know that both boys were allegedly shot at by the BSF immediately after they were taken into custody. There are no reasons why two boys be shot at by the BSF even if they were to commit a crime.

I am also informed that the bodies of the boys were produced at the Raninagar police station on the next day where the bodies were kept without being examined by a medical doctor for hours. I am also informed that a case has been registered against the boys, which by now makes no sense since the boys are dead.

I am deeply worried about the increasing number of instances where the BSF stationed along the Indo-Bangladesh border is killing persons on mere suspicion and the fact that none of these cases were investigated by the local police or by any other agency. I am sure that this manner in dealing with cases of custodial death has resulted in providing complete impunity to the BSF in the locality.

I therefore urge you to immediately order an investigation into the matter and take appropriate action against the BSF officers involved in this case. I also urge you to consider investigating several other cases that have been brought to your notice by the Asian Human Rights Commission where the BSF has allegedly murdered persons in Murshidabad district.

I also urge you to take appropriate measures to award interim compensation to the victims' families and also ensure that the BSF officers responsible for the murder of two minor boys are charged and prosecuted for murder.
 
I look for your urgent intervention into this matter.

Sincerely your's,

Nagaraj.M.R.

Appeal no.3

Dear Sir or Madam:,

INDIA: Apparent police inaction into the alleged constant assaults and threats against a man

Name of victim: Mr. Susanta Mondal, aged 38, son of Mr. Panchu Gopal Mondal, the resident of Sitakundu village, Sitakundu post office, Baruipur police station, South 24 Parganas district, West Bengal state, India
Alleged perpetrators:
1) Mr. Medo Naskar, 2) Jado Naskar, 3) Pradip Naskar, 4) Pradip Halder, 5) Sudip Mondal
(Alleged perpetrators from number 1 to 5 are members of one Matry Sangha Club at Sitakundu village)
6) Mr. Ghosh, Sub Inspector of the Baruipur police station, South 24 Parganas district, West Bengal, India
7) The Officer-in-charge of the Baruipur police station
8) Dr. M R Gupta and super of Baruipur State General Hospital
Place of Incident: Premises of the victim's house
Date of Incident: From 2005 to 6 March 2007

I am deeply concerned by the apparent police inaction into the alleged constant assault and threats against one man named Mr. Susanta Mondal by the Matry Sangha Club, organized by the Democratic Youth Federation of India (DYFI) which is a youth front of the West Bengal ruling party, the Communist Party of India-Marxist (CPI-M).

To briefly explain the incident, in 2005, some members of the said club suddenly demanded half portion of the residential house of Mr. Susanta Mondal for the playing ground of the club. When Mr. Susanta Mondal refused their demands, a group of 25-30 persons along with the said club members allegedly broke the boundary wall of his house and also bombed at toilet of his house and physically assaulted him and his family members. 

Mr. Susanta Mondal then lodged a complaint at the Baruipur police station regarding this matter and subsequently a case was registered against these persons under sections 127/147/148/436/448/323/325 of Indian Penal Code (case no. 203/2006 at the Baruipur police station). However, all the accused persons except three managed to get an anticipatory bail from the court and even the three arrested persons were in custody only for 15 days. As a result, Mr. Susanta Mondal has allegedly received continuous threats by the alleged perpetrators. 

I am informed that despite Mr. Susanta Mondal's repeated complaints regarding this matter, the Baruipur police refused to register any of his complaints as a FIR, while merely registered his complaints as a General Diary (GD no. 764 dated on 08/05/06, GD no. 1046 dated on 17/07/06 and another GD dated on 17/07/2006). The victim complaints that the Baruipur police further advised him to settle the matter with the alleged perpetrators.

I am also informed that when on at around 5:00pm on 6 March 2007, Mr. Susanta Mondal was brutally assaulted by the alleged perpetrators including the five persons mentioned above with iron rod. The victim was then taken to the Baruipur police, who sent him to the Baruipur State General Hospital. However, due to the alleged influence of the alleged perpetrators, the doctors of Baruipur State General Hospital refused to admit Mr. Susanta Mondal and advised that he gets admission at the Bangur Hospital in Kolkata. I am also informed that Dr. M R Gupta of the Baruipur State General Hospital allegedly recorded in his medical report that the victim's injuries were caused by the bamboo sticks, which is not true at all. Mr. Susanta Mondal was then taken to the Bangur Hospital in Kolkata, where he was admitted for 8-9 days for the medical treatment.

I am further informed that although Mr. Subol Mondal, the victim's elder brother, lodged a complaint at the Baruipur police station regarding this assault case on March 7 (case no. 86 dated 07/03/07), the police did not attempt to arrest the alleged perpetrators. Instead of taking action against the alleged perpetrators, the police allegedly told the victim's family not to agitate this incident.

I am informed that due to apparent police inaction, the perpetrators are freely threatening the victim's family and the eyewitness of the incident everyday and told them not to disclose anything about the incident. As a result, the victim and his family are living in great fear for their lives. Mr. Susanta Mondal alleges that the accused persons could escape from the punishment due to political influence.

In light of the above, I strongly urge you to order an immediate and impartial investigation into this matter. The investigation should be conducted by an independent agency, not by the local police, considering their apparent and deliberate inaction into this case for the last two years. I also urge you to take strong steps to arrest and prosecute the alleged perpetrators so that they can be punished by law as soon as possible. Effective protection should also be provided to the victim and his family and the victim's property should be protected as well.  I further request you to take disciplinary sanction against the officers the Baruipur police station for their negligence into this case. An inquiry should also be conducted into the alleged false medical report and a proper action should be taken against the concerned medical officer. Lastly, I again urge the Government of India ratify the United Nations Convention against Torture (CAT) without further delay.

Your's truly,

Nagaraj.M.R.

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