HRLN gets protection for a newly married girl harrased by her family for asserting her right to choice.

11.04.2012, Delhi

In yet another case of a young girl being harrased by her family members for asserting her right to choice. In a case filed before the High Court of Delhi, the court orders Delhi Police for her protection.

The well educated girl who fled from Uttar Pradesh because her family was against her getting married to the person of her choice. She married this February against the wishes of her family, after which she and her partner were constantly threatened. The girl on false promise of social marriage was asked to return home . Her husband was later beaten by her brother and threatned to be implicated in false cases of kidnapping and abduction. The girl was also tortured and beaten up her family members. She was also verbally abused by the U.P. police once she returned home. The boy who is currently pursuing his studies abroad had to leave the country.

When the matter came to notice of HRLN, an urgent petition was filed in the court for protection of the young girl . The case was admitted as Writ Petition (Criminal) 1532 of 2012. Hon’ble High Court asked the respondents to file the reply and for the meantime, directed Delhi Police to ensure safety and protection of the girl while her stay in Delhi. This direction has been communicated to the concerned authorities by HRLN and the girl is now residing safely and securely in Delhi.

Harrasment of young couples who assert their right to choice is common in India. Not only family but also society and police are involved in this. In most of these cases the boy and his family are falsely booked for kidnapping. The police is an equal party and spare no chance in harassing the young couples. Once the couples return back to their homes they face physical abuse and torture by their family members. Their movement is restricted and they are locked inside their own house. Their documents are taken away and in few cases forcefully married again against their wishes. There is a strong need for strict laws to curb these crimes against the young couples who assert their right to choice.

For further details, please Contact

                                      Advocate Monica Joshi, 09911667995

                                    Advocate Anuj Castelino , 09650760842

Advocate Svetlana Correya, 09953671306

Smriti Minocha , 09811434363

Email: wji.delhi@hrln.org / litigation.delhi@hrln.org

Human Rights Law Network , Delhi

 

Supreme Court issues notices to Union of India, Director General Civil Aviation and Spice Jet Ltd.

Notices were issued on 04 April 2012 in WP(C) 98 of 2012, on the basis of a writ petition filed by Ms Jeeja Ghosh, a person with cerebral palsy who was unceremoniously deplaned by Spice Jet in Kolkata on 19 Feb 2012. Despite being a regular air traveller and comfortably settled in her seat on her way to a conference on disability rights in Goa, Ms Jeeja Gosh was deemed unfit to fly by the air crew and removed before take-off. The conference, North South Dialogue IV, was organized by Dr Mithu Alur, founder of Able Disable All People Together (ADAPT), the second petitioner in the case.

Despite the existing Constitutional, domestic and international laws on the issue, Ms Jeeja Ghosh and others in her situation continue to face discrimination and harassment while travelling. These acts, occurring on various airlines across the country, are in violation of the existing Civil Aviation Requirements, and also violate the Persons With Disabilities Act, 1995.The actions are also directly contrary to the provisions of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.

In addition to compensation for the loss and suffering that resulted from this particular incident the Petitioner is also seeking direction to ensure that the Respondents take action to ensure implementation of the Civil Aviation Requirements and other statutory and constitutional requirements, with clearly spelt out exemplary penalties for non-compliance with the regulations to ensure that such behaviour does not occur in the future.

For further information please contact:

Douglas Wyatt

+91-81300-80472
doug.hrln@gmail.com

Rajive raturi m: 9818628760 rajive.raturi@hrln.org

Supreme Court Issues Notices in Public Interest Litigation Regarding Unsafe and Unethical Sterilizations

2 April 2012

DELHI- Senior Counsel Colin Gonsalves appeared before the Supreme Court in  Devika Biswas vs. Union of India and Ors. (W.P. (C) 81 of 2012), and the Court was pleased to issue notices to the Centre and every state in this Public Interest Litigation filed by the Human Rights Law Network. 

Petitioner and health rights activist Devika Biswas revealed the gruesome details of a January 2012 sterilization camp at the Kaparfora Government Middle School, Araria District in a February 2012 fact-finding report. With the explicit permission of the State Health Society,an NGO and a private doctor used the government middle school as an operating theater for at least 53 sterilization surgeries on poor, dalit, and scheduled caste women. In clear violation of Government guidelines and basic human rights, the doctor performed the surgeries at night, under torchlight. During the two hours he was operating, the doctor did not wash his hands, change gloves, or wear a surgical gown and cap. After their surgeries, untrained NGO workers placed the women on straw paddy provided by the families. The doctor operated on one pregnant woman, Jitni Devi, who miscarried days after her surgery. The doctor and NGO staff left three women profusely bleeding, including Saraswati Devi, who spent 8 days recovering in the hospital. Most of the women from the camp have had to seek costly private care. None of the women were counseled. 

The horrific human rights violations extend beyond these events in Bihar. Doctors and health facilities across the county routinely flaunt the ethical and procedural guidelines prescribed by the Ministry of Health and Family Welfare, Constitutional obligations, and international norms. The Public Interest Litigation specifically outlines examples of coerced and unsafe sterilizations in Kerala, Madhya Pradesh, Maharashtra, and Rajasthan.   

This Public Interest Litigation sets forth the urgent need for an independent organization like the National Alliance for Maternal Health and Human Rights to investigate nationwide compliance with national guidelines, for all states to obtain informed consent as per National Guidelines, for all states to file status reports on compliance with the Supreme Court’s directions in Ramakant Rai (W.P. 209/2003) and the National Guidelines, and for compensation for the victims.

About the Petitioner: Devika Biswas has been working as a health rights activist with the Bihar Voluntary Health Association since 1989. She has published articles on the two-child norm in the book, Empowerment and Coercion, and on the conditions of health scenario from citizens’ perspective (published by the Centre for Health and Social Justice, New Delhi). In 2011, the Petitioner carried out a Rapid Assessment of the Health Programme in Bihar (forthcoming publication by CHSJ in Collaboration with SRM University, Chennai, UNFPA, ND). After  a fact-finding mission on in her native district of Araria, Ms. Biswas felt compelled to file this petition to ensure that sterilizations nation-wide are conducted as per the legal norms and to see that the victims in Bihar receive compensation for their injuries.

Feel free to contact HRLN if you would like a copy of the petition. 

The Human Rights Law Network (HRLN) is a collective of lawyers and social activists dedicated to the use of the legal system to advance human rights in India and the sub-continent. To learn more visit hrln.org.

Kerry McBroom
Director, Reproductive Rights Unit
Human Rights Law Network
Mob:  9650316596    
Email: kmcbroom.hrln@gmail.com