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

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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