Monday, September 29, 2014
Tuesday, September 9, 2014
Strategy of PVCHR on detention watch
In April, 2011 PVCHR[i] in consultation with member
organization of NATT[ii] officially
launched detention watch to monitor any type of detention happening with the adult and
children in Judicial Custody, Police Custody, Custody in Remand Home and Administrative
Custody to strengthen and expansion of its previous work of PVCHR for focusing
on rights of prisoners and rights during the times of detention.
The strategy of the detention watch based on 1.Policy to
practice and 2. Practice to Policy. Article 21 of the Constitution guarantees
the right of personal liberty and thereby prohibits any inhuman, cruel or
degrading treatment to any person whether (s) he is a
national or foreigner. Already many guidelines and direction from time to time
were given by Hon’ble Supreme Court and High Court of various state courts for
the well – being of prisoners and rights during detentions.[iii]
Our strategic actions are as follows:
- Court Intervention: Public Interest Litigation (PIL)[iv] and writ petition
- Meta- Legal Intervention: With various concerned authorities and National Human Rights Commission, New Delhi.
- Rehabilitation of the acquitted prisoners.
- Policy level intervention for prison reform, advocating for the implementation of various recommendations by the committee and intervention on the trial procedures.
- Monitoring the prison and homes through using of Right to Information Act – to know actual knowledge condition of the prisons.
- Visit to juvenile home and visit to correction home for women in collaboration with QIC-AC network.
- Tracking the cases of custodial death, torture in police custody, administrative custody and homes through various site alerts.
[iii]
The existing statutes which have a bearing on regulation and management of
prisons in the country are:
(i) The Indian Penal Code, 1860. (ii) The Prisons Act,
1894. (iii) The Prisoners Act, 1900. (iv) The Identification of Prisoners Act,
1920. (v) Constitution of India, 1950 (vi) The Transfer of Prisoners Act, 1950.
(vii) The Representation of People‟s Act, 1951. (viii) The Prisoners
(Attendance in Courts) Act, 1955.
(ix) The Probation of Offenders Act, 1958. (x) The Code
of Criminal Procedure, 1973. (xi) The Mental Health Act, 1987. (xii) The
Juvenile Justice (Care & Protection) Act, 2000. (xiii) The Repatriation of
Prisoners Act, 2003. (xiv) Model Prison Manual (2003).
3. Various Committees, Commissions and Groups have been
constituted by the State Governments as well as the Government of India (GoI),
from time to time, such as the All India Prison Reforms Committee (1980) under
the Chairmanship of Justice A.N. Mulla (Retd.), R.K. Kapoor Committee (1986)
and Justice Krishna Iyer Committee (1987) to study and make suggestions for
improving the prison conditions and administration, inter alia, with a view to making
them more conducive to the reformation and rehabilitation of prisoners. These
committees made a number of recommendations to improve the conditions of
prisons, prisoners and prison personnel all over the country. In its judgments
on various aspects of prison administration, the Supreme Court of India has
laid down three broad principles regarding imprisonment and custody. Firstly, a
person in prison does not become a non-person; secondly, a person in prison is
entitled to all human rights within the limitations of imprisonment; and,
lastly there is no justification for aggravating the suffering already inherent
in the process of incarceration (From NIMHANS prison strategy)
Wednesday, September 3, 2014
Urgent petition on english news portal "F.India/PTI'' on 01 September 2014, Amritsar edition regarding “Police torture over petty theft leads Punjab teen to commit suicide" on Amritsar (Punjab)
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Sep 3 (1 day ago)
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To,
The Chairperson
National Human Rights
Commission
New Delhi.
Dear Sir,
http://www.firstpost.com/
Sep 1, 2014 14:47 IST
Amritsar: A teenager committed suicide here after being allegedly tortured by a cop for his "involvement" in a theft case.
Harjit Singh (15) committed suicide last night in Sultanwind village on the outskirts of the city, police said on Monday.
However, parents of the boy alleged that Harjit was whisked away by police for his alleged involvement in a theft case.
During two days of illegal confinement, he was allegedly inflicted inhuman torture, they alleged.
The moment he was let off by the police, he went to the fields in Sultanwind where he allegedly hanged himself from a tree and died on the spot, his parents alleged.
Police had tortured the boy for allegedly stealing a water pipe that was lying abandoned on roadside.
The parents of deceased demanded strict action besides registration of criminal case against police officials who were responsible for inflicting torture that led him to take extreme step of suicide.
The boy was allegedly tortured by a cop Iqbal Singh posted in the Tarn Taran police who detained him and tortured him mercilessly, the deceased's parents alleged.
Tarn Taran SSP Manmohan Sharma said that Assistant Sub Inspector (ASI) Iqbal Singh has been placed under suspension.
However, the autopsy of the boy will be conducted by the medical board to check the injury marks, Sharma said.
PTI
Therefore it is kind request please take appropriate
action at earliest.
Thanking You,
Sincerely Yours,
Lenin Raghuvanshi
Founder & CEO
Peoples' Vigilance Committee
on Human Rights
SA 4/2 A Daulatpur, Varanasi – 221002 (U.P)
Mobile No: +91- 9935599333
Email Id: pvchr.india@gmail.com , lenin@pvchr.asia
Urgent petition on "Lack of food behind half of TB cases- Holes in control bid''
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Aug 30 (5 days ago)
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To,
The Chairperson,
National
Human Rights Commission,
New Delhi.
Dear Sir,
I want to bring your kind attention towards the news
paper link of English daily news paper "The Telegraph'' on August 30 , 2014, edition
regarding "Lack of food behind half of TB cases- Holes in control bid'' (news
clipping file annexed).
Lack of food behind half of TB cases- Holes in control bid |
G.S. MUDUR |
New Delhi, Aug. 29: Poor
nutrition is the biggest contributor to India’s burden of tuberculosis
and explains why the number of new patients each year has remained
nearly static despite two decades of TB control efforts, a research
study has suggested.
The study has
found that the infections in about 55 per cent of patients — including
67 per cent in girls between 15 and 19 years and 62 per cent in
adolescent boys — appear linked to under-nutrition.
Health researchers
at the Himalayan Institute of Medical Sciences (HIMS), Dehradun, and
McGill University in Montreal, Canada, who conducted the study say their
findings highlight a key factor that activates TB infection but has
been largely ignored by health authorities.
“Our TB control
efforts have focused almost exclusively on biomedical aspects — a
vaccine given during infancy, diagnosis and drug-therapy,” said Anurag
Bhargava, a senior medicine consultant at the HIMS and the study’s lead
author.
The findings were published today in The National Medical Journal of India.
The vaccine does
not provide long-term protection. India’s incidence of TB — new cases
per year — has remained fairly static at about 175 per 100,000
population over the past decade. India’s public health system had
documented over 1.2 million cases in 2012.
The bacilli that
cause TB may remain dormant and silent in the body for years without
causing any symptoms until factors such as poor nutrition, smoking or
diabetes suppress the immunity and cause active disease.
Health experts
estimate that nearly 400 million people in India are already infected
but have no symptoms because their immune systems are keeping the TB
bacilli in check. But impaired immunity puts them at risk of developing
active disease.
“With the focus on
diagnosis and drugs, the importance of nutrition has been ignored,”
said Soumya Swaminathan, director of the National Institute For Research
in Tuberculosis, Chennai, who was not associated with the study.
But while the TB
control programme is responsible for diagnosis and treatment,
Swaminathan and other experts say, ensuring adequate nutrition for the
population could be seen as a task that would involve other non-health
arms of the government.
The study by
Bhargava and his colleagues used national data on under-nutrition to
derive estimates for the proportion of TB cases that could be explained
through this factor. “This (55 per cent) is a big fraction,” said
Madhukar Pai, an epidemiologist at McGill University and co-author of
the study. “It suggests that unless we tackle malnutrition, it may be
difficult to control TB,” Pai said.
An earlier study
published four years ago by health officials who manage the country’s TB
programme had estimated that under-nutrition contributes to only about
31 per cent of the cases, while the proportion linked to HIV infections —
that also lead to suppressed immunity — was estimated to be 11 per
cent.
It has been estimated that smoking accounted for 9 per cent and diabetes for 5 per cent of active TB infections.
However, the
analysis by the HIMS-McGill team found that in three eastern states —
Bihar, Chhattisgarh and Jharkhand — the fractions of TB cases associated
with poor nutrition were above 60 per cent.
“For all the hype
about economic growth, the epidemic proportions of poor nutrition and
TB suggests that India has a long way to go to address inequity and
improving the health of the poor,” Pai said.
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Therefore it is kind request please take appropriate
action at earliest.
Thanking You,
Sincerely Yours,
Dr. Lenin Raghuvanshi
Founder & CEO
Peoples' Vigilance Committee on Human Rights/Jan Mitra
Nyas
An Initiative of JMN
SA 4/2 A Daulatpur, Varanasi
Mobile No: +91-9935599333
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Please Visit :-
Urgent appeal on “School toilets lack water supply, proper hygiene” & “2,355 school in Uttar Pradesh lack girls’ toilets” in Varanasi (U.P)
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Aug 26 (9 days ago)
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To, 26 Aug 2014
The Chairperson
National Human Rights
Commission
New Delhi.
Dear Sir,
I want to bring in your kind attention towards the daily news
published in the local English newspaper The Times of India and Hindustan Times
dated on 19 & 22 August 2014 Varanasi edition regarding “School toilets lack water
supply, proper hygiene” & “2,355
school in Uttar Pradesh lack girls’ toilets” in Varanasi district. (Newspaper clipping
annexed).
Therefore it is kind request please
take appropriate action against related department.
Thanking You,
Sincerely Yours,
Lenin Raghuvanshi
Founder & CEO
Peoples' Vigilance Committee
on Human Rights
SA 4/2 A Daulatpur, Varanasi – 221002 (U.P)
Mobile No: +91- 9935599333
Email Id: pvchr.india@gmail.com
Urgent petition on “India's prisons overcrowded, Chhattisgarh jails have 252 % occupancy”
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Aug 26 (9 days ago)
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To, 26//08/2014
The Chairperson
National Human Rights
Commission
New Delhi.
Dear Sir,
I want to bring in your kind attention towards the daily news published in the local English newspaper The Times of India “India's prisons overcrowded, Chhattisgarh jails have 252 % occupancy”. (Newspaper clipping annexed).
http://timesofindia. indiatimes.com/india/Indias- prisons-overcrowded- Chhattisgarh-jails-have-252- occupancy/articleshow/ 24883153.cms
Ch
Sushil Rao, TNN |
Oct 29, 2013, 06.54PM IST
HYDERABAD:
Indian jails are over-crowded. While the available capacity is 3, 43,169, the
total inmate population is much higher at 3, 85,135. That would make the occupancy
rate 112.2 per cent.
While there is not a single prisoner in the Union territory of Lakshadweep island prison which has an inmate capacity of 16, the situation was reverse in Chhattisgarh sate, according to prison statistics available with the National Crime Records Bureau (NCRB).
In Chhattisgarh state, while the available capacity of the prisons is 5,850, there is a total of 14,780 prisoners stuff in the jails. This only means the occupancy rate is as high as 252.6 per cent. There are also other states where the jails were overcrowded in the year 2012, going by the figures with the NCRB.
While there is not a single prisoner in the Union territory of Lakshadweep island prison which has an inmate capacity of 16, the situation was reverse in Chhattisgarh sate, according to prison statistics available with the National Crime Records Bureau (NCRB).
In Chhattisgarh state, while the available capacity of the prisons is 5,850, there is a total of 14,780 prisoners stuff in the jails. This only means the occupancy rate is as high as 252.6 per cent. There are also other states where the jails were overcrowded in the year 2012, going by the figures with the NCRB.
Though the capacity of jails in Delhi is 6,250, the total number of prisoners
in them was 12,113, which is 193.8 per cent occupancy. In Uttar Pradesh jails,
there were 80,311 prisoners in accommodation meant for only 47,518 prisoners.
The occupancy was 169 per cent. In Punjab,
23,219 prisoners occupied space meant for only 17,410 and the occupancy rate is
calculated at 133.4 per cent.
Several other prisons too were overcrowded. These included Meghalaya (131.3%), Madhya Pradesh (127.7%), Arunachal Pradesh (126.8%), Jharkhand (124.5 %), Goa (119.5%), Rajasthan (116.6%), Sikkim (114 %), Himachal Pradesh (105.5%), Kerala (104.4%), Assam (103.7%), Andaman and Nicobar Islands (101.5 per cent), West Bengal (100.7%) and Karnataka (100.3%).
Women prisoners too had to adjust with the overcrowding problem in Uttarakhand (153.6%), Chhattisgarh (150.3%), Delhi (135%), Goa (112%), Jharkhand (106.9%) and Uttar Pradesh (102.8%).
Though the NCRB did not specify the reasons for overcrowding of prisons, the reasons could be several. It is learnt that many languish in prisons without getting bail in the court. There are also many instances where though the court does grant bail, the prisoner finds it difficult to get sureties on his behalf. Since the sureties would be responsible if the accused jumps bail, they back out of standing surety for their friends or even family members. There can also be cases where the court will let off the prisoner with a fine but the accused may not even have the money to pay it and come out of jail.
Overcrowding in prisons leads to infectious diseases spreading in the jail. It is the responsibility of the government to provide space as per international norms for prisoners.
Several other prisons too were overcrowded. These included Meghalaya (131.3%), Madhya Pradesh (127.7%), Arunachal Pradesh (126.8%), Jharkhand (124.5 %), Goa (119.5%), Rajasthan (116.6%), Sikkim (114 %), Himachal Pradesh (105.5%), Kerala (104.4%), Assam (103.7%), Andaman and Nicobar Islands (101.5 per cent), West Bengal (100.7%) and Karnataka (100.3%).
Women prisoners too had to adjust with the overcrowding problem in Uttarakhand (153.6%), Chhattisgarh (150.3%), Delhi (135%), Goa (112%), Jharkhand (106.9%) and Uttar Pradesh (102.8%).
Though the NCRB did not specify the reasons for overcrowding of prisons, the reasons could be several. It is learnt that many languish in prisons without getting bail in the court. There are also many instances where though the court does grant bail, the prisoner finds it difficult to get sureties on his behalf. Since the sureties would be responsible if the accused jumps bail, they back out of standing surety for their friends or even family members. There can also be cases where the court will let off the prisoner with a fine but the accused may not even have the money to pay it and come out of jail.
Overcrowding in prisons leads to infectious diseases spreading in the jail. It is the responsibility of the government to provide space as per international norms for prisoners.
Therefore it is kind request
please take appropriate action against related department.
Thanking You,
Sincerely Yours,
Dr. Lenin Raghuvanshi
Founder & CEO
Peoples' Vigilance Committee
on Human Rights
SA 4/2 A Daulatpur, Varanasi – 221002 (U.P)
Mobile No: +91- 9935599333
Email Id: pvchr.india@gmail.com
Urgent petition on “Bangalore: Remand home staff thrash 13-year-old boy”
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Aug 23 (12 days ago)
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To, 23/08/2014
The Chairperson
National
Commission for Protection of Child Rights
New Delhi
Dear Sir,
I want to bring in your kind attention towards the daily news
published in English & Hindi newspaper/magazine India today “Bangalore: Remand home staff thrash 13-year-old boy” in Bangalore
district Karnataka . (Newspaper clipping & link annexed). The detail story
attached with the complaint letter.
Bangalore: Remand home staff thrash 13-year-old boy
Mail Today
| Mail Today | Bangalore, August 23, 2014 |
UPDATED 16:30 IST
The boy is now undergoing treatment at a government hospital while the three accused, including the head of the remand home, are absconding.
It all started on Tuesday (August 19) when the victim decided to venture out with his friends after school hours. Instead of going home, the boy went to Magadi Road where he was spotted by local policemen. Mistaking him for a run-away kid, the police took him to BOSCO Mane (NGO centre for run-away kids). The same evening, the boy was transferred to the government boys' home at Lakkasandra despite his protests. The boy wanted the staff to con-tact his mother over the phone, but they reportedly turned down his request.
Apparently, the boy's father had abandoned the family and his mother had lost her job as a security guard recently. Last week, the boy was irregular in school and the management had summoned his mother, who explained the family's plight. After the victim did not come home, his mother frantically searched for him but in vain.
The boy was admitted to the remand home around 7 pm on Tuesday and the staff decided to teach him a "lesson". He was first caned as "punishment" for almost about 10 minutes.
The next day, the boy was asked to clean the drains and the toilets of the home, but when he refused, the warden and his associates made him kneel on the ground and thrashed him .
However, on Wednesday when the government-appointed Child Welfare Committee mem-bers visited the Home for inspection, they were horrified on seeing the boy's condition. They admitted the boy to the hospi-tal and contacted his mother
The victim has named the remand home head Ramesh Manju and staff Santosh and Narasimha responsible for the injuries. A police complaint has been lodged.
For more news from India Today, follow us on Twitter @indiatoday and on Facebook at facebook.com/IndiaToday
Therefore it is kind request
please take appropriate action against related department.
Thanking You,
Sincerely Yours,
Shruti Nagvanshi
Managing Trusty
Peoples' Vigilance Committee
on Human Rights
SA 4/2 A Daulatpur, Varanasi – 221002 (U.P)
Mobile No: +91- 9935599330
Email Id: shruti@pvchr.asia
Urgent appeal on "Plea to BMC to evict centre for mentally challenged"
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To,
The Chairperson
National Human Rights Commission
New Delhi
Dear Sir,
I want to bring in your kind attention towards the news
published in the local english newspaper "The Times of India"
regarding "Plea to BMC to evict centre for mentally challenged"(Newspaper clipping annexed).
Plea to BMC to evict centre for mentally challenged
MUMBAI: Residents of a housing society in Bandra say they are facing multiple problems due to a workshop for mentally challenged adults that is being run on the ground floor. The managing committee of Ben Mar building near Mehboob Studio has written to the BMC to evict the Happy Hours centre whose lease, according to the residents, has expired.The workshop provides vocational training to mentally disabled people. Some are afflicted with cerebral palsy, others are "retarded and deaf". All are adults aged 18-60.
The society has barred entry through the front entrance and is urging the school to use the rear gate which gives direct access to the centre. "The students' cars speed through the front gate and we are afraid for our senior citizens and children. They also use our parking space. Recently, a 30-year-old female inmate smashed the windscreen of a brand new car with a stone. Another threatened to beat up my neighbour's kids. We are sympathetic to mentally challenged people because they do not know what they are doing, but for how long must we live in fear in our own homes?" says Sushila Fletcher, secretary of the society.
Ground floor residents complain of inmates peeping into their bathrooms. "Even the caretakers who drop them here can't control them. They throw temper tantrums, scream and shout. Our children are scared of going out to play until the workshop closes,"says another.
Moreover, two houses were burgled in broad daylight, including that of Father Nigel Barrett, a senior official of the Catholic Church. "Father Nigel's old father lives alone, he could have come to harm. Unknown people, including bikers, claim they are visiting the centre, only to use our gates as a shortcut to the next lane. How can we risk opening both gates all day?" says Fletcher.
The NGO says disabled people are being victimized. Spokeswoman Manjusha Singh says, "We are running the centre smoothly since decades. The inmates are not responsible for the robberies, and the building has a watchman and CCTVs for security. The one time our student damaged a resident's car, her father paid full compensation." But the car owner denies "being paid a penny".
Singh alleged that residents dump garbage near the centre.
Fr Nigel says the solution is for the centre to utilize the rear gate, which is barely 3m away. "We had no problems with the inmates during my growing years. But then most residents were young couples, now they are senior citizens," he says.
Therefore it is kind request
Thanking You,
Sincerely Yours,
Lenin Raghuvanshi
Secretary General
Peoples' Vigilance Committee on Human Rights
Sa 4/2 A Daulatpur, Varanasi
- 221002Mobile No: +91-9935599333
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