33% Reservation for Woman in Municipal and Town Elections in Guwahati

In a landmark judgment, the Guwahati High Court has directed state to hold district Municipal Coperation and Town elections with 33% seats reserved for women. The elections were delayed indefinitely by the Naga government, in its judgment the Court set aside Cabinet resolution. Sr. Adv. Colin Gonsalves with his team represented the Joint Committe on Women's Reservation. 

PRESS RELEASE 21^st.Oct.2011

In a landmark judgement today for women in the state of Nagaland, Hon’ble Judge of the Guwahati High Court ,Kohima passed the judgement on the Writ Petition filed on behalf of Naga Women by the Joint Action Committee on Women Reservation consisting of the NMA ,ENWO, Watsu Mongdang and the Naga Women Hoho Dimapur. The JACWR filed the Writ through its two Petitioners– Rosemary Dzuvichu, Advisor,NMA and Abeiu Meru, President,NMA.

The Hon’ble Court has stressed that elections should be conducted in a free and fair manner and that election to the Municipal and Town Councils is long overdue and should be constituted at the earliest. It has set aside the Nagaland State Cabinet decision of indefinite postponement of Municipal and Town elections in Nagaland, which is against women and democratic living . The Court has directed that election to the Municipal and Town Councils to be conducted before 20^th January 2012. Further, 33% women reservation must be strictly implemented in the coming Municipal elections.

The JACWR is grateful to the complete solidarity and support given by all Tribe Women Organizations, its leaders and their encouraging presence in all the Court hearings on the said Writ petition. We are indebted to our Counsel, Mr.Colin Gonsalves ,Senior Advocate ,Supreme Court of India, New Delhi and his team of lawyers from the Human Rights Law Network and our local Counsel Mr.A.Zho and his team of lawyers We are also indebted to all those who contributed in various ways in seeking justice to protect the rights of women in the state.

Sd/-

Members of the Joint Action Committee on Women Reservation.

Read the Judgment here

CHIEF JUSTICE OF DELHI HIGH COURT TAKES NOTICE OF POLICE ASSAULT ON ADVOCATE, DIRECTS CRIME BRANCH TO DO INVESTIGATION, JOINT COMMISSIONER TO SUPERVISE THE INVESTIGATION

PRESS RELEASE/ 19.10.11

Advocate Shreeji Bhavsar of Human Rights Law Network was abused and assaulted by Sub Inspector of Delhi Police at Police Station Sarita Vihar in the evening of 16.10.11 when he had gone there to get a first information report registered against an illegal demolition in a locality, predominantly inhabited by people from dalit community. Shreeji suffered fracture in one hand and wounds in the other hand. He was taken to All India Institute of Medical Sciences where he got medical treatment. When he and his colleagues tried to register a complaint, police started harassing and intimidating the lawyer and also the residents of the locality who had gone with him to lodge the FIR.

It was in this situation that one of Shreeji’s colleagues Advocate Divya Jyoti Jaipuriar filed a Writ Petition in Delhi High Court, which was argued by Advocate Anubha Rastogi.  The matter was heard by a Devision bench comprising acting Chief Justice Arjun Sikri and Justice Rajeev Sahay Endlaw on 19.10.11. Lawyers’ fraternity was shocked when they heard about this incident and many senior lawyers came ahead to support the petition and even argued the case before Court for a strict action against police officer and to put in place some guidelines for future. President of Delhi High Court Bar Association was personally present during the hearing.

Considering the seriousness of issues, Standing Counsel for Government of Delhi and also of Delhi Police was called by the High Court and it was intimated on their behalf that Sub Inspector O P Yadav has been suspended from immediate effect. Hon’ble Delhi High Court in its order dated 19.10.11 had directed that a First Information Report against Sub Inspector O P Yadav be immediately lodged and to ensure unbiased investigation, has directed Crime Branch to carry out investigation within one week. Joint Commssioner of Police has been directed to supervise the investigation.  After investigation, charge sheet will be filed in appropriate court for further action. 

When Hon’ble Court was apprised about repeated incidents of similar nature, Court fixed the case for further hearing to frame appropriate guidelines to check abuse of police authority on citizens and lawyers.

For Futher details,

Please Contact:

Advocate Anubha Rastogi / 09810527453

Advocate Shreeji Bhavsar / 08800731919

Email: litigation.delhi@hrln.org

Assault on Human Rights Lawyer, Shreeji Bhavsar, by the Police in Police Station, Sarita Vihar, Delhi

On 16.10.2011, at about 6 pm in the evening, Shreeji Bhavsar, Advocate, alongwith 5 other persons, another lawyer and a nun working in the Aligaon Sapera Basti had gone to the PS Sarita Vihar to register a complaint/FIR against the illegal demolitions that were taking place in the Basti by unknown persons without any notice.

That the SI OP Yadav who was present in the police station on duty, without uniform, first speaking rudely to the party told them that since it is a Sunday no complaints can be entertained. Shreeji Bhavsar informed the SI that he is a lawyer and is well aware that there is no such rule as per law. After perusing the complaint handed over to the SI, the SI tried to intimidate the party by saying that there is no point of a complaint and nothing can be done even if the property belonged to the affected parties. 

Shreeji Bhavsar, Advocate coolly told the SI that the question of legality at this stage is of no consequence and that the complaint is about the demolition that has taken place without following the process of law. At this stage the SI started abusing Shreeji and while using filthy language, charged towards him and assaulted him with a steel foot ruler and by using his fists and legs. Shreeji kept trying to stop him and told him repeatedly that he is a lawyer and that this behaviour is not acceptable. Thankfully, Shreeji had managed to record the entire instance on his phone in the form of an audio recording, which is attached. 

Shreeji and the rest of the party immediately left the police station as they apprehended danger to their life. Inspite of calling 100, there was no action taken by the police. The police personnel present in PS Sarita Vihar were also mute spectators to the entire episode of brutality. 

Shreeji has been grievously hurt and has fractured his right thumb and is experiencing severe chest pain. He had his MLC conducted last night at AIIMS Trauma Centre.  A representation has been filed with the Commissioner of Police.

For further details, contact
Advocate Anubha Rashtogi
Human Rights Law Network
+91-9810527453
Litigation.delhi@hrln.org

See the Video and Pictures here

Supreme Court Ruling against Compulsory Voting

M.P Vashi, a senior lawyer from Bombay challenged the rules of the Bar Council of Maharashtra which stipulated that if a member of the Bar Council did not vote for a minimum of 10 lawyers who are contesting the Bar Council elections and whose names are on the voting card, then that vote of that member would be invalidated.  M.P. Vashi argued that lawyers do not want to be forced to vote for those whom they do not know and they do not want to vote for persons they consider not competent.  Dealing with this issue the Supreme Court of India in Bar Council of Maharashtra Vs. M.P. Vashi struck down the rules of the Bar Council as ultra vires the Advocates Act and upheld the rights of the advocates to vote only for those persons they consider competent. In short, the Supreme Court has held that a person cannot be forced to vote for an unknown person or against his will and has a right to remain neutral.

Read Order here 

Visually impaired employees/teachers in Govt. Schools to get a disable friendly work environment and all facilities

The visually impaired employees/teachers in Govt. Schools to get a disable friendly work environment and all facilities as enshrined in the PWD Act, 1995 vide the ORDER dated 15/09/2011 issued by the Govt. of Punjab in our petition titled as Jagdish Mitter versus State of Punjab & Ors. (CWP-15279-2011).

Jagdish Mitter is a visually impaired school teacher in a Govt. school in Punjab. He was humiliated and ill treated by the principal of the school and his salary which according to the Govt. Instructions is required to be given in cash was deposited by her in his bank account. A petition was moved by him before the Punjab and Haryana High Court at Chandigarh praying for directions to disburse his salary in cash and also a stern action against the principal for her misconduct and ill treatment. 

The Hon’ble Court was pleased to go beyond the individual protection of the petitioner and observed that there must be other employees/teachers facing this kind of ill treatment, therefore the State shall come with some protection measure. Incompliance of the said directions of the Hon’ble Court the State of Punjab has issued the order dated 15.09.2011 which categorically directs to all the schools/departments in the department of education to create an environment where all such employees/teachers can work with dignity and all facilities as enshrined under the Act are provided to the disable at  workplace.

Read the full Order here.

Create Special Juvenile Police for Children and Train them well : Supreme Court of India

google images

Supreme Court on 12.10.11, pronouncing interim order in Sampurna Behrua V Union of India ( Writ Petition Civil 473 of 2005 ) , has directed States and Union Territories to give full effect to the provisions in Juvenile Justice Act 2000 related to constitution of Special Juvenile Police Units and Juvenile/ Child Welfare Officers in all districts and all police stations respectively. National Legal Services Authority has been directed to issue guidelines for training and orientation of Special Juvenile Police and State Legal Services Authorities through their district level units will provide these trainings. This matter will again be listed in the Court in first week of January-2011 when Court will examine the compliance of these orders.

Click on the here to read the older history of this case.

Click here to read the Interim order dated 12.10.11.

Supreme Court of India Issued Notice to the State of Bihar & othrs.

10 October-2011,New Delhi

Admitting the petition filed by Association for Protection of Civil Rights(APCR) Supreme Court of India issued notice to the State of Bihar & othrs to present in Hon'ble court within four weeks in the matter of Forbesganj brutal police firing.

It is reminded that on 3^rd june-2011 Police opened fire killing five innocent villagers including a pregnant woman and 6 months unborn baby and 9 others were also severely injured in a passage dispute in between officers of  Auro Sundaram International and  villagers of Bhajanpur.The horrifying video clips of jumping on the injured body of one youth by home guard is on you tube.

A Two members bench of court no 11 of Supreme court Justice R.M.Lodha and Justic Jagdish Singh Khehar passed the Order. Adv Colin Gonsalves appeared as counsel for the petitioner.

Noam Chomsky, Romila Thapar, Arundhati Roy, other intellectuals protest deportation of legendary American radio broadcaster David Barsamian

  STATEMENT OF PROTEST

We write to protest the denial of entry to David Barsamian by Immigration Authorities at the New Delhi airport in the early hours of September 23, 2011, and we write to draw attention to the growing arbitrariness of the Indian Government in dealing with dissent of any kind.
David Barsamian is a veteran broadcaster, and founder and director of Alternative Radio, a weekly one-hour public affairs program offered free to all public radio stations in the US, Canada, Europe and beyond. For more than 25 years Alternative Radio has provided information, analyses and views that are frequently ignored in other media. Structured around intensive interviews conducted by David Barsamian, these programs are carried by over 125 radio stations and heard by millions of listeners.He is the author of numerous books with Edward Said, Eqbal Ahmad, Howard Zinn, Noam Chomsky, Arundhati Roy and Tariq Ali.
David is a friend for many of us, but he is an older friend of India. He first came as a young man in 1966, and has since returned innumerable times, immersing himself in its  music, languages and poetry. He has taught himself Urdu and Hindi, learned to play the Sitar, and closely follows events in the sub-continent.
When he was deported on September 23 he had a visa which was valid for another 5 years, and although he last visited in February 2011, he had no intimation or warning that he was in violation of any of the conditions under which his visa was issued. The only thing that the Immigration Officers were able to tell him was that he was “banned” from entering the country, and that the reasons were a “secret”.
The deportation of David Barsamian unfortunately mirrors the manner in which Prof Richard Shapiro was arbitrarily stopped from entering India in November 2010. We are dismayed that this power to send people back from the airport is slowly becoming a weapon, used to discipline and silence people who draw any kind of attention to uncomfortable truths about India. A year later Prof Shapiro still has no formal response on why he was stopped, and when he can regain his right to travel to India, where he has family.
We therefore ask that the ban on David Barsamian and others like Richard Shapiro be revoked, and the Government of India not impede their return to India.
We demand that the right to travel and the right to free exchange of ideas between scholars, journalists, artists, and human rights defenders be respected and protected, and that government agents not authorize the denial of entry and eviction of visitors to India, or monitor their movement. Free exchange of ideas is one of the most basic human rights and values in free democratic societies. Freedom of travel is one of the most important avenues for furthering such exchange among peoples. Recognizing this, the International Covenant on Civil and Political Rights, which India has ratified, protects freedom of expression, right to travel and scientific exchange.
Signed:

1. Abha Sur, Academic
2. Amar Kanwar, Film-maker
3. Amit Bhaduri, Academic
4. Amit Sengupta, Journalist
5. Amita Swadhin, Activist/Educator
6. Anuradha Chenoy, Academic
7. Ania Loomba, Academic
8. Angana Chatterji, Academic
9. Anthony Arnove, Publisher/Activist
10. Anivar Arvind, Activist
11. Aruna Roy, MKSS, Activist
12. Arundhati Roy, Writer
13. Arpita Banerjee, Academic
14. Ashok Choudhary, Activist
15. Ashok Prasad, Academic
16. Ashim Jain, Activist
17. Ajay Skaria, Academic
18. Basharat Peer, Writer
19. Biju Mathew, Academic
20. Colin Gonsalves, Lawyer
21. D.Gabriele, Activist/Academic
22. David Ludden, Academic
23. Deepankar Basu, Academic
24. Dibyesh Anand, Academic
25. Gyanendra Pandey, Academic
26. Harsh Dobhal, Journalist
27. Harsh Kapoor, Activist
28. Himanshu Kumar, Activist
29. Hussain Askari, Journalist
30. Indira Unninayar, Advocate
31. Jean Dreze, Scholar
32. Jinee Lokaneeta, Professor, Political Science NJ
33. Joel Geier, International Socialist Review
34. Junaid Rana, Academic
35. Kalpana Mehta, Social Activist
36. Kasturi Basu, Research scholar
37. K B Saxena, former secretary to GOI
38. Kamal Mitra Chenoy, Academic
39. Kamala Visveswaran, Academic
40. Krishna Subramanian, Academic
41. Lalitha Gopalan, Academic
42. Manisha Sethi, Academic
43. Manoranjan Mohanty, Academic
44. Mirza Waheed, Writer
45. M. V. Ramana, Academic
46. Nagesh Rao, Academic
47. Najeeb Mubarki, Journalist
48. Nitasha Kaul, Writer
49. Noam Chomsky
50. N Raghuram, Academic
51. Madhu Bhaduri, former Ambassador
52. Maliha Safri, Academic
53. Mridu Rai, Academic
54. Nurul Kabir, Engineer
55. Pankaj Mishra, Writer
56. Parvathy Prem, Graduate Student
57. Parvaiz Bukhari, Journalist
58. Philip Gasper, Academic
59. Pothik Ghosh, Radical Notes
60. Pranav Jani, Academic
61. Prashant Bhushan, Lawyer
62. Rahul Roy, Film-maker
63. Ramaa Vasudevan, Academic
64. Ramnath Bhat, Activist/Writer
65. Ravindran Sriramachhandran, Academic
66. Raza Mir, Academic
67. Rohan Dsouza, Academic
68. Romila Thapar, Academic
69. Rupal Oza, Academic, New York
70. Saadia Toor, Academic
71. Sabina England, Filmmaker & Playwright
72. Sanjay Kak, Film-maker
73. Sanjeev Mahajan, Writer
74. Satya Sivaraman, Journalist
75. Shabnam Hashmi, Activist
76. Sreekanth Reddy, IT Professional
77. Shripad Dharmadhikary, Researcher
78. Shohini Ghosh, Academic
79. Shuddhabrata Sengupta, Artist
80. Siddhartha Ghosh, Academic
81. Simona Sawhney, Academic
82. Sonny Singh, Musician
83. Subhash Mohapatra, Journalist
84. Sukumar Muralidharan, Journalist
85. Suresh Nautiyal, Journalist
86. Suvir Kaul, Academic
87. Saba Dewan, Film-maker
88. Snehal Shingavi, Academic
89. Sherry Wolf, International Socialist Review
90. Shourin Roy, Writer/ Blogger
91. Tanushree, Journalist
92. Tariq Thachil, Academic
93. Umang Kumar, Freelance Journalist
94. Vinay Bhat, Consultant, San Fraancisco
95. Vandana Shiva, Academic
96. Vijayan MJ, Activist
97. Vrinda Grover, Lawyer
98. Yogesh Chandrani, Academic
 

SC allows disclosure of evaluated answer-sheets to examinee under RTI

New Delhi, August 9, 2011: In a landmark judgement today, the Supreme Court allowed disclosure of the answer-sheets to the examinee, under Right to Information (RTI) Act.

The bench comprising Hon’ble Mr Justice RV Raveendran and Hon’ble Mr Justice AK Patnaik dismissed the petitions filed by different public authorities and affirmed the judgement of Hon’ble Calcutta High Court allowing the disclosure of answer-sheets. The case was filed by the Central Board of Secondary Education, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India, West Bengal Central School Service Commission and Assam Public Service Commission, challenging the common order and judgement dated 05/02/2009 passed by the division bench of the Calcutta High Court.

Human Rights Law Network (HRLN) has filed an intervention application on behalf of the applicants – Mazdoor Kisaan Shakti Sangathan (MKSS) and Join Operation for Social Help (JOSH) on 30.04.2010. Mr Divya Jyoti Jaipuriar, Advocate from HRLN argued the case successfully for MKSS and JOSH.
On 14.08.2007, one Mr Pritam Rooz had filed an application under Right to Information Act seeking for copies of his answer-sheets from the Calcutta University. The varsity informed him that as per university policy, the same cannot be disclosed. Rooz then approached the Calcutta High Court. In a detailed order dated 28.03.2008, Hon’ble Justice Mr Sanjib Banerjee allowed the petition filed by Pritam Rooz and directed the University of Calcutta to disclose the answer-sheets.

The order was challenged before the division bench of the Hon’ble Calcutta High Court by the University of Calcutta. The CBSE also approached the division bench of the Calcutta High Court against another order of the single bench of thesame court allowing disclosure of the answer-sheet. While dismissing the appeals filed by these institutions, the division bench of the Calcutta High Court vide its common order and judgement dated 05.02.2009 affirmed the decision of the single bench. Against the order dated 05.02.2009, these institutions approached the Supreme Court. Subsequently, various other institutions conducting examinations like Institute of Chartered Accountants in India, Assam Public Service Commission, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, West Bengal Central School Service Commission and Bihar Public Service Commission also joined in and opposed the disclosure of answer-sheets to the examiners.

It was contended by the Petitioners that the evaluated answer-sheets are not covered under the definition of the word “information”. Secondly, they argued that the evaluated answer-sheet is kept with the examination-conducting institutions under fiduciary capacity. It was also contended by these institutions that if the disclosure is allowed, the entire system will collapse.

However, Hon’ble Supreme Court dismissed all these contentions. The bench clarified that the evaluated answer-sheet is covered under the definition of “information”. It also clarified that it is the duty of the Public Authority to allow maximum disclosure as envisaged by the RTI Act.

Dealing with the issue of “fiduciary relationship”, the apex Court has explained the same in detail and held that the examination conducting bodies cannot retain the evaluated answer-sheets under any fiduciary capacity. Hence, the Court held that the exemption under section 8(1)(e) will not apply to the disclosure of answer-sheets.

The Court also dismissed the contention that the entire system will collapse once disclosure is allowed under the RTI Act. As a matter of fact, it was argued on behalf of the MKSS and JOSH that some universities allow disclosure of answer-sheets under the RTI Act and they do not face any difficulty in the process and their system has not “collapsed”.

As this judgement has dealt with various examination conducting bodies including the Public Service Commissions, universities, CBSE and other boards, professional bodies like ICAI, the directive will apply to every examination conducted by any institution in India.

For further details contact:
Mr Saurabh Shama, JOSH: +91-9811872752 ( saurabhinvincible@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it )
Ms Aheli Chowdhury, JOSH: +91-9811765959 ( aheli.chowdhury@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it )
Mr Divya Jyoti Jaipuriar, Adv., HRLN: +91-9868002365 ( litigation.delhi@hrln.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it )

Sr. Advocate Colin Gonsalves's speech at World Sikh Organisation of Canada

Watch Senior Advocate  Colin Gonsalves speak at the World Sikh Organisation of Canada on the situation of Human Rights in India.
See the full video here

Punjab High Court orders reinstatement of disabled as clerk

Chandigarh: The Punjab & Haryana High Court, on an intervention made by the lawyers of Human Rights Law Network, has ordered reinstatement of a physically disabled person as clerk in the local civil court.

The petitioner, Ritesh, was a physically challenged person who successfully competed to get appointed as a clerk by the learned District and Sessions Judge, Karnal against the post reserved for physically disabled persons.

Notwithstanding the fact that due to the nature of disability the petitioner could not write with his own hand and was provided assistance of a writer in the examination conducted for the selection of the subject posts, his services were terminated apparently due to his inability to perform the duties as a clerk.

The petitioner was  a post graduate in information technology with various additional distinguished qualifications, and was well conversant with the computer operations also.

The hon’ble high court on examining the case opined that there was  plenty of work to be done on computers in a Sessions Division like preparation of daily cause lists of all the courts, certified copies of the judgments/order etc, which could be conveniently assigned to a computer savvy person like Ritesh and ordered for his reinstatement and also for the PWD department to provide for a ramp and for the office to provide a congenial working atmosphere for the petitioner.

Read the full judgement here

Denial of rations to BPL people denial of Right to Food, Right to Life: Delhi HC

NEW DELHI: In another landmark interim order, Justice S Muralidhar of the Delhi High Court reinforced the need for increased delivery and oversight of life-saving food and maternal health entitlements to the vulnerable populations in the Nation’s Capital.  The petition, Premlata w/o Ram Sagar & Ors. v. Govt. of NCT Delhi, W.P. Civ. 7687/2010, involves six destitute pregnant and lactating women who reside in Nangloi, a western slum of Delhi, and have been denied food rations and reproductive and child health benefits since at least August 2009.  During the pendency of litigation, numerous issues were brought to the Court’s attention underlining serious problems with issuance and renewal of ration cards and delivery of health benefits under the Janani Suraksha Yojana (JSY) and National Maternity Benefit Scheme (NMBS). Petitioners also placed on record a copy of the Samajik Suvidha Sangam Survey commissioned by the Delhi Government showing that 55 percent of Delhi's poor and vulnerable populations remain “un-carded", i.e. without a ration card.

Numerous interim orders have directed the Delhi Government to conduct “camps” where aggrieved card holders have had their ration cards sorted and reauthorized, increase monitoring and delivery of rations to Fair Price Shops, constitute a grievance redressal hotline, and ensure functionality of vigilance committee. The Union of India has also been ordered to pay Rs 5,000 to each of the Petitioners for delay in payment of financial assistance under NMBS.

During the last hearing, when questioned as to the present procedure for issuing new BPL applications, the Government acknowledged that 'no fresh BPL cards' are being issued by the Food & Supplies Department due to a 'maximum limit of BPL cards' fixed by a decision of the Union of India and Cabinet of Government of Delhi. Taking cognizance of this action as inherently unconstitutional, the Court stated:

“10. This Court is unable to appreciate how the Capital city of Delhi, with a growing population and constant influx of a large number of migrants can abide by a ‘cap’ on BPL cards.  With growing persons in need of BPL cards, there cannot be any ‘caps’ imposed by the Central Government/Planning Commission which disables the GNCTD from proceeding to issue fresh BPL cards.  Denial of a rational card to a BPL person is virtually a denial of his or her right to food and thereby the right to life under the Article 21 of the Constitution.”

The Delhi Government and Union of India were ordered to jointly meet within four weeks time to resolve the denial of fresh BPL cards for eligible persons.  The Court further expressed concern "that apart from the Petitioners who have approached this Court there could be many others similarly placed in need of redress" and ordered a government official be appointed to address all remaining grievances within the community.  The matter is next listed for 27th July, 2011.

Premlata holds great promise in ensuring a more transparent and efficient delivery system of rations to India's poor, and reinforce the life-saving link between access to food and reproductive health and safe motherhood. A copy of the 13.05.11 order is attached.

Contact:
Sukti Dhital
Reproductive Rights Unit
Human Rights Law Network
sfdhital@gmail.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Delhi HC pulls IRDA on insurance cos denying benefits to HIV patients

New Delhi: The Delhi High Court has sought a response from the Insurance Regulatory and Development Authority (IRDA) on a PIL challenging the insurance companies’ "unreasonable and unconstitutional" mandate to deny insurance benefits to HIV positive people.

A Division Bench headed by Chief Justice Dipak Misra issued a notice to the IRDA through the Government of India and demanded a reply to the petition that asked for a court order to the insurance regulator to direct all the companies to consider people suffering with HIV/AIDS on a par with others.

The Petition, filed by activist Dr. Rajeev Sharma, claimed that the exclusion clause was in complete violation of the fundamental right to life and liberty of the said class of people, who suffered not only illegal discrimination but also financial problems as a large number of them belonged to economically weaker sections. The insurance sector is one area where PLHAs are discriminated against. Many existing insurance policies include an exclusion clause specifically excluding insurance benefits of HIV/AIDS and related treatment. Thus, when an existing policy holder is subsequently diagnosed with HIV/AIDS during the policy period they are denied the benefits of their existing insurance policy.

HRLN Advocates Tariq Adeeb and Pankaj Sinha argued before the court that only one out of the 24 insurance companies listed with the IRDA provided insurance to the HIV positive people and that most of them also withdrew the policies in case of the existing policy holders getting afflicted subsequently.

“The discrimination is unreasonable and there was no nexus between the classification of people living with HIV/AIDS and the insurance benefits,” stated the PIL.

For further Details, Contact:
Tariq Adeeb or Pankaj Sinha (Advocate)
+91 93106 77131
+91 99102 47816

Supreme Court bans employment of children in Indian circuses

Picture: Google

On the petition filed by Bachpan Bachao Andolan, Hon’ble Supreme Court, while delivering the judgment on the issues related to employment on children in Indian Circuses directed the Central Government to issue a notification completely banning the employment of children in Indian Circuses. The Court also directed the central and state governments to conduct raids in different circuses and rescue the children employed there. After the rescue, the Court directed, these children can be handed over to their parents after proper verification of the children and their parents in accordance with existing laws. The Court also directed the Union Government, particularly Ministry of Woman and Child Development (WCD) and Ministry of Human Resource Development (HRD) to come up with a comprehensive policy and rehabilitation package for such rescued children from Indian circuses.
The Court has asked the Union of India to file a comprehensive status report on this issue within 10 weeks. The matter is again listed for review of the implementation status on 19.07.2011.
This judgment has come on the writ petition filed by Bachpan Bachao Andolan, which was argued by Senior Advocate Colin Gonsalves .

For details of the case and other information, please contact Mr Divya Jyoti Jaipuriar Adv on +91-9868002365d and Mr. Afsar AhmaKhan ,  or through email at litigation.delhi@hrln.org and cri.delhi@hrln.org

35 child workers rescued from Delhi factories

Fourteen children were rescued in a raid conducted by officials of Task Force on Child Labour, Delhi Police, Labour Department and members of NGOs Salam Balak Trust and Human Rights Law Network in Sadar Bazar.

The children, trafficked from Purnea district in Bihar, were working in purse and bag manufacturing units. “They were being forced to work for 12-14 hours a day. The rescued children have been sent to a shelter home built by Delhi Metro Rail Corporation and being run by Salam Balak Trust,” an official of an NGO, which was part of the team, said.

Read detail report  Business Line

LARGE-SCALE SLUM DEMOLITION STOPPED AFTER HIGH COURT INTERVENTION

A large-scale demolition affecting more than 5,000 residents of Gayatri Colony (West Patel Nagar) was stayed after legal intervention at the Delhi High Court. Justice Muralidhar ordered immediate interruption of the illegal action authorized and implemented by the Delhi Development Authority (DDA) and the Delhi Police.  Contrary to binding legal obligations, DDA did not provide residents with any notice or meaningful relocation options, with many losing their homes and livelihood even after lived legally in the area for more than 20 years.  Such an action violates the right to life, housing, food and health protected under both international human rights law (ICESCR) and Indian Constitution (Artt. 19 and 21). The demolition blatantly infringes previous Supreme and High Court orders, above all Chameli Singh v UP 2 SCC 549 (1996) and Mukandi Lal v MCD WP 9246/2009 (2009).

Gayatri Colony has more than 2000 jhuggis, out of which at least 1000 have been demolished between Wednesday 23rd and Thursday 24th.  Many of the residents are dalits, and the sudden demolition of the Jhuggis has placed the lives of the most vulnerable at risk, particularly those of pregnant women and young children.  The HRLN team conducted a fact-finding on the evening of Wednesday 23rd and observed a community tore apart by the abrupt dismantlement.  The team confronted children unable to attend school, pregnant and lactating women with no access to health services and half of the community left starving and shelterless in only two days. It is estimated that Delhi's homeless population arose by 30% as a result of this demolition.

At around 9:30 am on today, 2000 policemen swarmed the area and five bulldozers were ready to re-start the operation. The behaviour of the DDA and the Delhi police was highly uncooperative, non-transparent and provocative towards both community members and human rights activists.Members from HRLN, IGSSS and the National Campaign on Dalits Human Rights, organized a pacific protest with community members and managed to delay the demolition until 12.30 p.m. Meanwhile, HRLN Advocate successfully filed an urgent life and liberty application in the High Court and obtained a mandate to stop the operations despite an ongoing massive lawyers' strike.

The case is to be heard tomorrow 25th March, seeking urgent reliefs of access to food, water, shelter, and health care for the thousands of residents left stranded by the government's unlawful actions.

 
For further information contact:
Advocate Jayshree Satpute , Mobile: 0987115509
Email : jsatpute@gmail.com
Francesca Feruglio, Mobile 8860746106
Email: francesca.feruglio@gmail.com

Delhi HC sets aside CIC order to gag complainant

New Delhi: While deciding a writ petition filed by an employee with the BHEL, Hon’ble Delhi High Court has recently set aside the order of the Central Information Commission (CIC) imposing the cost on the “information seeker/ complainant”.

 

CIC has held that the complainant, Praveen Kumar Jha employed with the Education Management Board of BHEL, is in the habit of filing “frivolous applications” and hence suggested to the public authority to take disciplinary action against him and also recover the cost incurred on the transportation of the Central Information Officer for coming to Delhi to attend the hearing at the Commission.

The Commission further directed the Board to recover the cost from the salary of the complainant.

 

While challenging the decision of the CIC, Jha alleged that the Commission holds no such power to impose any cost on the complainant. He also pleaded that while deciding the complaints filed by him, the Commission overstepped its powers in imposing cost on him and directing the Public Authority to initiate disciplinary proceedings against him, without giving any opportunity to the petitioner.

 

The bench headed by Justice S Murlidhar set aside the order of the Commission imposing cost on the complainant and recommending disciplinary proceedings against him. Justice Murlidhar held that the Commission has been given some powers of a Civil Court under Section 18 (3) of the Right to Information Act, but the Commission has not been vested with all inherent powers of a civil court. In absence of any such power, there is no legal basis for imposing cost on and directing disciplinary action against the complainant.

 

For details, please contact Mr Divya Jyoti Jaipuriar, Adv. on +91-9868002365.

 

Copy of the order of the Hon’ble Delhi High Court

Juvenile Justice Board-1 orders Delhi Police to initiate stringent action against organised gangs using children for crimes in Delhi

Feb/ 2011/ Delhi

Those who are using children for crime will have a tough time ahead, as Delhi Police officers will soon be booking adults who will be found in any way involved with using children for crime. Principal Magistrate Anuradha Shukla Bhardwaj of Juvenile Justice Board has issued order to Special Juvenile Police Unit of Delhi to train its investigation officers and Juvenile Welfare Officers for proper investigation and for taking strong measures against adults in cases they are found using children for commission of thefts, robbery etc.

Advocate Bhupesh Chandra Samad from Human Rights Law Network was directed by Juvenile Board to study the issue and file a comprehensive report when Board found that several juveniles who were being produced before it were actually being systematically used by some organised adults for crime. On Mr. Bhupesh filing a detailed situation analysis report, Juvenile Board has issued orders to Delhi Police to improve its investigation techniques in such cases and to make sure that such adults behind children are traced and sent to jails. Board has even suggested in its order as to how police should be conducting investigation in such matters.

Commenting on the magnitude and gravity of this situation where a large number of children are being systematically pushed by adults and in some cases by their parents in crime, Juvenile Justice Board observed, “There is a conspiracy against the childhood of these children...the manner of investigation therefore is required to be re-worked. The case of a juvenile where he is found committing offences as stated hereinabove, the investigation shall not stop at the apprehension of the juvenile and filing the kalandra in the Board. A proper investigation in each case must be made -working on the involvement of the adults, role of the parents, role of the gangs and they should necessarily be booked for their part of act in the offence as provided under law”, ordered Principal Magistrate Anuradha Shukla Bhardwaj.

In past few years, Delhi has seen a significant rise in children committing thefts of valuable articles , laptops etc, from the cars by diverting the attention of passenger. Board gave this order when it discovered about existence of an organised gang called as “ Thak – Thak ( Knock- knock ) Gang. This gang operates through children who are sometimes caught by public and handed over to Police. Real criminals behind these children were not being caught.

Read the full judgement here

For details, contact:

Advocate Bhupesh Chandra Samad

Human Rights Law Network, Delhi

0 98 71 85 17 65

Deaf eligible to undertake driving test, licence: Delhi HC

New Delhi: February 15, 2011
In a landmark judgement which will benefit millions of deaf people in the country, the Delhi High Court has opened the doors for deaf people to take a driving test, and if they pass, to get a driving licence for the first time in India. Prior to this the Motor Vehicles Act and Rules automatically disqualify a deaf person from obtaining a licence on the presumption that deaf persons would be a danger to the public.
A public interest petition was filed in the Delhi High Court by the National Association of the Deaf submitting that there is no evidence anywhere in the world to show that deaf persons would be, per se, a danger to the public. On the contrary, some studies have shown that they are more careful drivers. In most countries, in the whole of Europe and America and elsewhere deaf people are permitted to drive after taking a test and their vehicles are required to be fitted with extra large side view mirrors and with a sign at the back of the vehicle indicating that the driver was deaf and light signals only are to be used.
The irony of the blanket ban in India which prevented deaf people from even doing the test lay in that India was a signatory to an international convention and accepted as valid international driving licences. Thus deaf persons from abroad, including Indians, who possessed an international driving licence could legally drive in India while deaf persons from India were not even permitted to take the test.
By allowing deaf persons to go through the test and drive if they are found capable, the High Court has, for the first time in this country, permitted deaf persons to legally drive a vehicle.
Court's decision

Delhi HC to Govt: Register, regulate placement cells to curb trafficking

New Delhi, Jan 5, 2011: In a landmark judgement to tackle trafficking of adults and minors from various parts of India to Delhi through placement agencies, the Delhi High Court has directed the Labour Department of the Government of NCT of Delhi to register all the placement agencies within a finite period of time.
Hearing a public interest petition, the Bench said the registration would involve recording the details of the persons running the placement agencies as well as the full details of the persons who are provided employment through these cells.
The Court issued these directions after being told that trafficking in men, women and children was taking place on a large scale and in the guise of providing employment these persons were kept in bondage with their wages not paid for years together.
The High Court also directed the Child Welfare Committee and the Delhi Commission for Women to verify the information provided by the placement agencies and particularly decide cases regarding withholding of wages, harassment and abuse, long hours of work and lack of basic facilities, including medical care and food. Legal aid was to be provided to the child or woman and the placement agencies were to be fined for any misconduct, the court stated.

Click here, to download the order.

PRESS RELEASE
6/1/11

On 23rd December 2010, Justice Muralidhar of the Delhi High Court issued an interim order recognizing the injustice embedded in India's Public Distribution Scheme. The case, Premlata w/o Ram Sagar & Ors. v. Govt. of NCT Delhi, W.P. Civ. 7687/2010, involves six destitute pregnant and lactating women who reside in Nangloi a western slum of Delhi, and have been denied their constitutional rights to food and reproductive and child health benefits since at least August 2009. Premlata underlines the inextricable connection between nutritional & food security and maternal health, and the need for increased monitoring and oversight of the government's Fair Price Shops (FPS). The Court ordered the government to organize a "camp" where all aggrieved card holders may have their ration cards sorted and reauthorized within 10 days time, and ordered the Asst. Food Commissioner to undertake an "intensive survey" of the FPSs' in the region and submit a status report as to his findings. As Justice Muralidhar explained,

"The Court is of the view that the monitoring of the fair price shops has to be tightened and poor persons ought not to be denied their entitlement to rations on account of non-functioning FPS . . . [the] purpose of this survey is to ensure that the FPSs function in a proper manner and the card holders are not deprived of the rations and other benefits to which they are
entitled. "

The case holds great promise in ensuring a more transparent and efficient delivery system of rations to India's poor, and reinforce the life-saving link between food and reproductive health services in ensuring safe motherhood. A copy of the order is attached.


Maternal mortality and morbidity is a global human rights concern. The maternal mortality ratio in India is higher than in 127 countries, including the neighboring states of Bangladesh, China, Pakistan, and Sri Lanka. Through litigation, advocacy, and public education, the Human Rights Law Network's Reproductive Rights Unit uses the legal system to obtain government accountability for reproductive rights violations, including preventable pregnancy-related deaths and disabilities.

For further details about the case, or to learn more about our work, please contact:

Sukti Dhital
Human Rights Law Network
Reproductive Rights Unit
Mob: 9711487238
sfdhital@gmail.com
www.hrln.org