MARG vs. Govt. of NCT of Delhi & Ors. (W.P. (C) 4425 of 2012)

This petition was filed after the HRLN lawyers visiting Tihar jail became aware of various instances of torture and corrupt practices on  prison premises. These specifically targeted poor undertials and indicated a nexus between hardened criminals and jail staff.

The petition described witnesses’ accounts of torture and prayed for an inquiry to be conducted and for the appointment of a special human rights officer to look into such complaints.

The High Court vide order dated 12.09.12 has ordered an inquiry, into all such issues and devise ways to address these issues.

The inquiry is being conducted by the Jail visiting Additional Sessions Judges.

Jharkhand HC notice to varsities on extra time to disabled examinee

The Petitioner has filed a Petition on Behalf of the Viklang Manch Jharkhand against the state of Jharkhand.

The petitioner in the writ petition is the President of the Jharkhand Viklang Manch which is a premier organization in the State of Jharkhand, working for the welfare and rights of disabled people since last 7 years.

He is a social activist and a Public Spirited citizen of India and is residing within the territorial jurisdiction of this Hon’ble Court. Therefore, he wields the right to file a PIL for protection of the Rights of the Visually Impaired.

The PIL relates to objection raised by Jharkhand Viklang Manch when it challenged the notification issued by Jharkhand academic council ahead of the teacher eligibility test-2012 which stated that no extra time would be granted to disabled candidates.

The court had admitted a part of the petition to seek stand of the government in granting extra time to disabled candidates in all other examination.

It is, therefore, humbly prayed that this Hon’ble Court may graciously be pleased to: To Direct the Respondents to Re conduct the examinations of persons with disabilities who could not take up their exam due to lack of proper arrangements such as no additional time provided and no proper scribe facility.

HRLN has filed a PIL to treat the Hemophilia affected Poor Patients free of cost

The Petitioner has filed a petition against Department of Health state of Maharashtra who has been diagnosed with Hemophilia Type A & Type B & Other diseases having developed inhibitor in the body against Factor VIII.  The normal dosage and Factor VIII replacement are unable to prevent bleeding. He either requires FEIBA (Factor Eight Inhibitor Bypassing Activity) Concentrate or Factor VIIa - (Activated Factor VII) which are prohibitively costly i.e. each unit cost Rs.50 per unit and Rs.43, 000 per Milligram respectively.

Vinay requires the infusion of at least 4,000 to 6,000 units of FEIBA or 6 mg of F VIIa per bleeding episode, costing approximately Rs.3, 00,000 per episode.  And others this explains the financial burden faced by each person with hemophilia. 3.  

The Petitioners seek to invoke the constitutional jurisdiction of this Hon’ble High Court, aggrieved by the acts of omission and commission of the Respondents which has led to the lack of a comprehensive policy and plan of action, particularly in the State of Maharashtra, towards the diagnosis and treatment of Hemophiliacs, which has resulted in a large number of deaths of Hemophiliacs.

It is therefore prayed that this Hon’ble Court may be pleased to pass an Order or Direction or a Writ particularly in the nature of Writ of Mandamus,   

• To ensure that all persons afflicted with Hemophilia are provided with the necessary treatment free of cost.
• To provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
• To bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Prices Control Order, 1995.
• To invoke Compulsory Licensing as per the provisions of  Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to ensure that all persons afflicted with Hemophilia are provided with the necessary treatment as and when required, free of cost.
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide for mandatory screening of newborns to ensure the early diagnosis of those afflicted with Hemophilia
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to provide necessary treatment as and when required free of cost to hemophiliacs.
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to bring all types of Anti Hemophilic factors (i.e. Factor VIII, Factor IX, FEIBA, Activated Factor VII and Von Willebrand Factor) medicine under the Drug Control Order
• Pending hearing and final disposal of this petition in this Hon’ble Court be pleased to direct the respondents to invoke Compulsory Licensing as per the provisions of  Section 84 of the Patent Act 1970, to undertake the manufacture and distribution of Hemophilic Drugs

Persons with disabilities felt panicked & insecure about their employment and source of livelihood

The Petitioner has filed a PIL for the enforcement of the fundamental rights of the people with disability under Articles 14, 16, 19 and 21 of the Constitution of India.

The Petitioner is a registered organisation for persons with disabilities. The organisation was established in the year 1992 with the objective of accessing Rights and welfare of persons with disabilities. The Association has a membership of around 500 people all over Karnataka. The Petitioner as an association of Persons with disabilities also represents all the disabled people and their families all over Karnataka, who are affected by the action of the First, Second and Third Respondents, calling for tenders for allotment of STD Booths.

The Petitioner states that the booths were allotted on the basis of letter sent from Office Of Director General, Posts and Telegraphs to the General Manager, Telephones, Delhi Telephone District, New Delhi-110050, dated 23rd December 1980 stating about the welfare schemes for ensuring the self employment and livelihood for handicapped people by providing public telephone booths at airports / railway stations and bus stands and other public places.

The Respondents cannot ask the present booth holders to vacate and give the booths to others who can pay a better price as it violates the very object of the scheme and the Act which is to ensure welfare of the disabled

As the date of expiry of the license came near and also as the Government started calling for fresh tenders for allotting STD/ISD Booths in various Bus Stations, the persons with disabilities felt panicky and absolutely insecure about their employment and source of livelihood. In similar scenario in other states Various High Courts were approached for granting interim stay against allotting the booths or issuing license to any other persons other than those who are already license holders. The courts such as in the case of the High Courts of Tamil nadu and Kerala, after examining the issue, have ordered stay against calling for tenders

It is therefore prayed that this Hon’ble Court may be pleased to pass an Order or Direction or a Writ particularly in the nature of Writ of Mandamus,

To quash the Tender Notification dated 16/11/2007 produced.
Directing the First and Second Respondents not to displace the persons with disability who are presently running the STD/ISD/PCO booths from their present location of self employment...
Directing the Respondents No.1 to 3 to extend the licences granted to the existing allottees to run STD/ISD/PCO booths in the BMTC stations.
Directing the Respondents to not pass any order, direction, Notification, etc., or undertake any action, resulting in the existing allottees loosing their present employment and occupation of STD/ISD/PCO booths in the BMTC stations.
In the alternative, to a rehabilitation Scheme under Sections 38 and 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 for the existing allottees and to not displace them from their present occupation till such rehabilitation scheme is implemented. Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the Case and thus render justice.

HRLN filed Special Leave Petition (SLP) on Asha Kiran final Order by the Hon'ble High Court of Delhi

The Petitioner seeks Special Leave Petition which challenged the final order and judgment dated 07.09.2012 passed by the Hon’ble High Court of Delhi at New Delhi in Writ Petition (C.) No. 8229 of 2011 whereby the writ petition filed by the petitioners was disposed of by the Hon’ble High Court holding that the action taken plan/report as submitted by the respondents would go a long way in improving the conditions of Asha Kiran Home.

Further that the Hon’ble High Court ‘hopes and expects’ adherence of the said report by the respondents. The Hon’ble High Court also held that it expects the Government Authorities to take into consideration the suggestions of the interveners/petitioners on the actions proposed by the respondents.

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:

• Grant Special Leave to Appeal against the impugned judgment and final order dated 07.09.2012 passed by the Hon’ble High Court of Delhi at New Delhi in W.P.(C.) No. 8229 of 2011.]
• Pass any such further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

HRLN has filed a PIL to Recruit the Persons with disability in the High Court of Jharkhand

The Petitioner has filed a Petition under Article 32 of the constitution, in Public Interest for implementing the directions passed by this Hon’ble Court In Indian Bank’s Association & Ors vs Devkala Consultancy Service & Ors.

On 25.07.2008, Petitioner under the Right to information Act, sought information from the office of the Comptroller and Auditor General of India with respect to the implementation of the directions passed by this Hon’ble Court in the matter of Indian Bank Association vs. Deva Kala Consultancy.

 In view of the information sought by the Petitioner, Ministry of Social Justice and Empowerment, Reserve Bank of India and various banks replied to the Petitioner.  

Ministry of Social Justice and Empowerment:

“The trust fund under the Chairmanship of C & AG of India has been constituted vide notification No. 30-03/2004- DD.III dated 22.11.2006. Trust fund account has been opened with the State Bank of Patiala, Shastri Bhawan, and Dr. Rajinder Prasad Road, New Delhi. Draft bye Laws of the Trust Fund are being framed. Further a scheme for grant of scholarship of children with disabilities for coverage under the Trust fund is at an advanced stage of formulation.”

Further a list of banks who have to pay, the list of banks who have deposited the amount as per this Hon’ble Court’s Direction was provided, the names of those banks who have not paid was also provided.

From the perusal of the list of Banks who have paid, the total amount at present which have been calculated is RS. 1509863099./-  (one hundred fifty crores ninty eight lakhs sixty three thousand ninty nine only) and in aggregate the total amount calculated form all the Banks will be ….Rs. …

The amount deposited with the C & G is a huge sum and through which various schemes can be formulated for the persons with disabilities, merely by framing the scholarship scheme, the other fundamental rights of the persons with disability and provisions of the PWD Act 1995 and National Trust Act 1999 have been ignored.

Even in the enactment of the proposed scholarship scheme no disability group have been consulted in the formulation of the schemes.  Further, The Ministry of Social Justice and Empowerment has already scholarship schemes in place.

The Hon’ble Court issued these directions as mentioned below by taking into consideration various initiatives taken by various courts and the schemes formulated by the Government for the implementation of the Disabilities Act even then the implementation of the Act is far from satisfactory and the disabled are victims of discrimination in spite of the beneficial provisions of the Act.

• Pass an order to the RBI to have all banks pay up the balance amount within a specified date.
• Immediately sanction Rs 100 crore to the National Trust so as to enable them to cover more persons under welfare schemes, open more day care and respite care centers, open residential facilities under Gharonda scheme, to start with atleast 2 such centers in all major states and 1 such center in smaller states for the independent living of adults with disabilities covered under the Act.
• To set up another Trust on the lines of the National Trust for the welfare and care of those suffering from muscular dystrophy and multiple sclerosis and other such disabilities needing extensive care giving. The government to make a grant of Rs 100 crore to set up this Trust.
• To immediately invest in infrastructure for upgrading all educational facilities and residential facilities in special institutions being run by the government for providing education to children with disabilities.  Investments to be made towards providing hygienic schooling and residential facilities with resource centres, aids and equipment, uniforms etc.
• To pass a direction for the amendment of the Persons with disabilities Act harmonizing it with the UNCRPD and to ensure that amendments incorporate the setting up of a trust to manage the fund so collected.

HRLN filed a PIL to implement the Government scheme for Disabled People in Indian Banks

The Petitioner has filed a Petition under Article 32 of the constitution, in Public Interest for implementing the directions passed by this Hon’ble Court In Indian Bank’s Association & Ors vs Devkala Consultancy Service & Ors.

On 25.07.2008, Petitioner under the Right to information Act, sought information from the office of the Comptroller and Auditor General of India with respect to the implementation of the directions passed by this Hon’ble Court in the matter of Indian Bank Association vs. Deva Kala Consultancy.

In view of the information sought by the Petitioner, Ministry of Social Justice and Empowerment, Reserve Bank of India and various banks replied to the Petitioner.

Ministry of Social Justice and Empowerment:

“The trust fund under the Chairmanship of C & AG of India has been constituted vide notification No. 30-03/2004- DD.III dated 22.11.2006. Trust fund account has been opened with the State Bank of Patiala, Shastri Bhawan, and Dr. Rajinder Prasad Road, New Delhi. Draft bye Laws of the Trust Fund are being framed. Further a scheme for grant of scholarship of children with disabilities for coverage under the Trust fund is at an advanced stage of formulation.”

Further a list of banks who have to pay, the list of banks who have deposited the amount as per this Hon’ble Court’s Direction was provided, the names of those banks who have not paid was also provided.

From the perusal of the list of Banks who have paid, the total amount at present which have been calculated is RS. 1509863099./- (one hundred fifty crores ninty eight lakhs sixty three thousand ninty nine only) and in aggregate the total amount calculated form all the Banks will be ….Rs. …

The amount deposited with the C & G is a huge sum and through which various schemes can be formulated for the persons with disabilities, merely by framing the scholarship scheme, the other fundamental rights of the persons with disability and provisions of the PWD Act 1995 and National Trust Act 1999 have been ignored.

Even in the enactment of the proposed scholarship scheme no disability group have been consulted in the formulation of the schemes. Further, The Ministry of Social Justice and Empowerment has already scholarship schemes in place.

The Hon’ble Court issued these directions as mentioned below by taking into consideration various initiatives taken by various courts and the schemes formulated by the Government for the implementation of the Disabilities Act even then the implementation of the Act is far from satisfactory and the disabled are victims of discrimination in spite of the beneficial provisions of the Act.

Pass an order to the RBI to have all banks pay up the balance amount within a specified date.
Immediately sanction Rs 100 crore to the National Trust so as to enable them to cover more persons under welfare schemes, open more day care and respite care centers, open residential facilities under Gharonda scheme, to start with atleast 2 such centers in all major states and 1 such center in smaller states for the independent living of adults with disabilities covered under the Act.
To set up another Trust on the lines of the National Trust for the welfare and care of those suffering from muscular dystrophy and multiple sclerosis and other such disabilities needing extensive care giving. The government to make a grant of Rs 100 crore to set up this Trust.
To immediately invest in infrastructure for upgrading all educational facilities and residential facilities in special institutions being run by the government for providing education to children with disabilities. Investments to be made towards providing hygienic schooling and residential facilities with resource centres, aids and equipment, uniforms etc.
To pass a direction for the amendment of the Persons with disabilities Act harmonizing it with the UNCRPD and to ensure that amendments incorporate the setting up of a trust to manage the fund so collected.

The Delhi High Court issues notices to the Government of Delhi and Union of India in the wake of Kamlesh’s tragic maternal death at Sanjay Ghandi Memorial Hospital

In August 2013 the late Kamlesh went to Sanjay Ghandi Memorial Hospital (SGMH) for delivery. During her pregnancy, Kamlesh went for regular antenatal check-ups. However, she did not have the assistance of a field level health worker (ASHA) or access to government benefit schemes for pregnant women. Although Kamlesh had recorded mild to severe anemia during her pregnancy, health workers at SGMH never flagged this risk factor for dangerous deliveries.

Kamlesh delivered a healthy baby boy on 6th August 2013. After 2.5 hours of delivery the hospital staff told the family that Kamlesh’s had developed an infection that caused post-partum hemorrhage. The hospital had to perform a hysterectomy (uterus removal) to stop the bleeding. After her operation, the hospital staff refused to touch Kamlesh. They forced her family members to clean Kamlesh’s body, to change her sanitary pads, and to dispose of the medical waste leaking from her wounds.

When Kamlesh was fighting for her life, the hospital gave discharge papers to the family for the newborn but did not let the family take the baby because Kamlesh’s husband would run away with the baby and abandon his wife. The infant was kept in nursery without regular checkups.

Kamlesh died on 15 August 2013 from septicemia leading to hemorrhage. From 05.08.2013 to 15.08.2013 Kamlesh’s family provided care for her at the hospital. Although all delivery-related services should be free under Union of India schemes, the family spent Rs.30,000 on blood, travelling, and cremation. The hospital refused to call an ambulance for the family, forcing them to pay Rs. 500/- for a private vehicle.

India accounts for the highest number of maternal deaths in the world. According to the WHO, an Indian woman dies in childbirth every eight minutes. The vast majority of these deaths are preventable where women have access to adequate antenatal care, delivery services, and post-natal treatment.Despite myriad government schemes and the Delhi High Court’s groundbreaking orders in Laxmi Mandal vs. Deen Dayal Hari Nagar Hospital & Ors, women in Delhi continue to suffer as a result of inadequate implementation of government schemes and disregard for fundamental rights. The petition prays for compensation for Kamlesh’s family, implementation of government schemes, a comprehensive maternal death review, an evaluation of Sanjay Ghandi Memorial Hospital’s maternity ward, and a report on the Respondents’ actions to improve maternal health care after the Laxmi Mandal orders. The case will be heard in February after the Respondents have filed replies.

Sikkim High Court Swings into Action on implementation of Juvenile Justice Act, Orders for an Inquiry by Chief Judicial Magistrate

Hearing a Public Interest Petition filed for Petitioner Rachhitta Rai by Dr. Doma Bhutia, Sikkim High Court on 10.09.2013 has issued interim directions requiring Chief Judicial Magistrate to inspect Observation Home in Gangtok and to give a report in this regard to High Court on next date of hearing.

Bench comprising Chief Justice Pius C. Kuriakose and Justice S.P. Wangdi directed Chief Judicial Magistrate, Gangtok to give a report on standard of hygiene, availability of space, quality of food and medical facilities available in Observation Home. Additionally, Court asked Chief Judicial Magistrate to make inquiry as to in how many cases Social Investigation Reports are being made and submitted to JJB and also to inform as to whether observation homes and shelter homes have been set up in various districts in Sikkim State.

Bench also directed State Government to ensure that only those officers who have undergone trainings organised by Sikkim state Legal services Authority on Juvenile Justice (Care and Protection of Children) act 2000, are appointed to carry out their duties under Juvenile Justice Act and in case any of them have not undergone such trainings, then such officers be imparted trainings.

These interim directions have been issued in Writ Petition (PIL) No. 01 of 2013 titled as “Rachhitta Rai Versus State of Sikkim & Others”. Awaiting the report of chief Judicial Magistrate, Court has fixed the case for further hearing on 13.11.2013.

Sikkim is one of those States in India where Juvenile Justice Act remains largely unimplemented with just one Observation Home in the entire state, that too functioning in a pathetic condition. Dr. Doma Bhutia, advocate for the Petitioner also raised the issue that cases of juveniles in conflict with law keep dragging for an unusually long time and juveniles are often shown as adults by the Police and are send to adult jails. She highlighted in her arguments that various provisions of the Juvenile Justice Act are yet to be implemented by the Government in Sikkim State. High Court is expected to hear the case further after submission of inquiry report by the Chief Judicial Magistrate.

Sikkim Government to Build More Toilets in Gynecology Wards as first phase towards providing better facilities: National Rural Health Mission in Sikkim Comes under scanner of Sikkim High Cour

Implementation of National Rural Health Mission (NHRM) in the State of Sikkim has come under the scanner of Sikkim High Court after a public interest petition titled “Rinzing Chewang Kazi Versus State of Sikkim & Ors.” Writ Petition (PIL) 39 of 2012 was filed in year 2012 highlighting state’s abysmal performance on NHRM.

NHRM is a flagship scheme sponsored by the Government of India since 2005 aiming on prevention of maternal as well as infant mortality in rural areas. When this PIL was filed highlighting Sikkim’s poor performance on ensuring even the most basic needs of pregnant women, availability of life saving drugs and women/ Children’s access to basic health facilities, Sikkim High Court had on 24.08.2012 directed State Government to file a report on steps taken to implement NHRM.

Advocate Dr. Doma T. Bhutia appearing for petitioner filed a fact finding report showcasing the abysmal performance of State and proved before the Court that gynecology wards in the Hospitals were neglected to the extent that there were no separate toilets for men and women and for patients and visitors in the Hospital. Report cited the condition of one such hospital in capital city of Gangtok which serves as a tertiary care centre for women.

The order dated 23.09.2013 reads, “ As per the affidavit termed as “Brief Fact Finding Report’ filed by the Petitioner, it has inter alia been pointed out that the condition of Gynaecology Department of the S.T.N.M. Hospital at Gangtok is such that the patients of the ward are facing great hardship primarily on account of want of sufficient number of toilets. It is stated that as there are no bathrooms, the toilets are also being used for washing clothes, utensils, etc. It is further pointed out that there being only one toilet on each floor of the building housing the Gynaecology wards, visitors and outsiders are also sharing the very same toilets causing serious health hazards to the patients undergoing pre and post natal care.”

After state was asked to reply to petitioner’s fact finding report, State admitted that there was indeed shortage of toilets and this prompted Sikkim High Court to pass direction to treat construction of more toilets as first phase towards providing better facilities.

Court has asked State to file a progress report within 30 days and has fixed the case for further hearing to consider rest of issues raised in the Public Interest Petition. It is pertinent to note that Sikkim which is commonly perceived as a peaceful and prosperous state remains unconcerned by and large towards its duties towards women and children and non-implementation of a centrally sponsored scheme called NHRM is symbolic to such attitude. With Hon’ble High Court of Sikkim bringing State under its scanner in instant PIL, some progress in this regard is expected. Case is being argued by Dr. Doma T. Bhutia in Sikkim High Court.

Dr. Sacked for allegedly not making enough money for charitable St. Stephens's hospital

Petitioner is a senior doctor and a senior employee of the respondent hospital. She has been appointed and Confirmed as a senior specialist – Psychiatry. Ever since her confirmation on 1.10.09 she has been functioning as and has been treated by the Director as the Head of the Psychiatry Department. For example, whenever HOD meetings are held she represents the department and has always been treated as HOD even though there is no formal communication to that effect.

She has served the hospital for 19 years. Her services have been terminated by the respondent because, According to the respondent, she did not raise adequate money for the hospital.

Her answer is simple; she was not required to get involved with the raising of funds because she was not part of the Governing Body and therefore revenue was not part of her duties.

The present petition is being filed in order to challenge the unfair and arbitrary manner in which the respondents have terminated the petitioner from her services. The respondent is registered under the Societies Registration Act, 1860, and operates, inter alia, a charitable hospital at Delhi.

HRLN filed a PIL for Kisan Mhaske who is disqualified for the Post of Chowkidar on the ground of partially blindness

Kisan Mhaske, who is partially blind, applied for the post of Chowkidar, which is an identified post for the VI, in water Irrigation Department in government t of Maharashtra. Kisan Mhask cleared an interview and was given an appointment letter. However after appointment the medical board declared him unfit.

DRI Mumbai challenged this and filed Writ petition in Bombay High court the Hon'ble High Court Passed an order in favour of Kisan Mhaske ordering for his Appointment in the said post within two weeks of the order and the appointment be made effective from the date of original appointment.

Bandhua Mukti Morcha has filed a PIL to Implement a Rehabilitation Scheme for the Bonded Labourers

Bandhua Mukti Morcha has filed a writ petition seeking for the drafting and implementation of a new Release and Rehabilitation scheme for the bonded labours. In the case of Swami Agnivesh & Anr. Vs. State of Jammu & Kashmir & Ors. Writ Petition (Crl.) No. 128 of 2012, the petitioner’s organization has demanded a wide range of prayer which includes payment of compensation to the released bonded labour, immediate release of Release Certificate, Rehabilitation programs, drafting of a new Release and Rehabilitation Scheme for the bonded labours.

The present writ petition has its background dating way back to 25.05.2012 when the husband of the Petitioner No. 2 escaped bondage and ran out of the labour home. He reached Delhi and approached the petitioner’s organization seeking help for the rescue of his wife and child who are still in bondage and are being tortured by their employer.

The petitioner no. 2, Raj Kumari Sahoo got married to Niranjan Sahoo, a bonded labour in the year 2010. After marriage she too went into bonded labour. Out of the wedlock, they even had a child. On 16.06.2012 the petitioner no. 2 and her husband decided to quit the bondage and went to seek permission of their principal employer to which their employer told them that they had taken a loan of Rs. 3 Lakhs to which they refused to accept. This resulted in the petitioner no. 2 and her husband being thrashed several times. They were both locked up in two separate rooms and were beaten up regularly. However on 25th May 2012 the husband managed to escape. And reached the office of the petitioner no. 1’s office at Delhi on 9th AUG 2012. In betwween both were beaten up regularly and raped several times as a revenge for the escape of her husband. This resulted in the miscarriage of her second child.

With the help of the petitioner’s organization, Niranjan Sahoo tried to release his wife but at first he did not meet with success. But then with the help of the Child Line, Jammu, the petitioner organization was finally able to rescue Raj Kumari Sahoo and her child from bondage. But the government hasn’t given them In between this, the petitioner no. 2 was neither the compensation amount as mandate under the Bonded Labour Act nor any steps been for their rehabilitation.

The petition sought the permission of the Hon’ble Court to file an amended petition whereby the state of Chhattisgarh and the Union of India through the Secretary, Ministry of Labour and Employment have been made party to the petition. Also the petitioner seeks for the following prayers:

Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents 1 and 2 to investigate in respect of the allegations of rape, kidnapping, assault and bondage etc. as set out in this petition and initiate prosecution in accordance with law and the Standard Operating Procedures on Investigation of Crimes of Trafficking for Forced Labour.
Pass an order directing the Respondents no. 1 and 2 and 4 to provide security and financial support to the Petitioner No. 2 so that she is not harmed in any manner and to ensure that she is not harmed when she visits Jammu to assist with the investigation or trial.

Now, In this case, the state of Chhattisgarh seeked time to file their counter affidavit and thereby 3 weeks times have been granted thereby.

Implement the Rehabilitation Scheme for the Rape Survivor, Court Issued notice to States

HRLN has filed a petition of the Petitioner when her 15 year old daughter who was gang raped by three Persons in Haryana on 26th August 2013.The petition sought compensation and a directive for her rehabilitation.

The petition highlighted the trauma of the girl and a large number of such rapes occurred in Haryana, the victims belonging to the backward classes. It said the brazenness and frequency of the crime indicated that in Haryana “there is a sense of impunity among certain male sections and a feeling that rape will go unpunished. There is a clear breakdown of the criminal justice system and complete denial of protection to women, especially those belonging to the Dalit class.”

Senior counsel Colin Gonsalves, appearing for the Haryana victim’s father has said that the accused got the support of the police and the khap panchayat, and when the girl filed an FIR, she was socially boycotted and asked to leave her village.

So, the Supreme Court issued notice to the Chief Secretaries of all the States and the administrators of the Union Territories, seeking their response in eight weeks on rehabilitation schemes for victims.

HRLN has filed a PIL to Implement the Rehabilitation Scheme for Acid Attack Survivors

PARIVARTAN KENDRA V/S UNION OF INDIA & Ors.
WRIT PETITION (CIVIL.) NO (s). 867 OF 2013

Chanchal, a talented 18-year-old Dalit girl, wanted to be a computer engineer. She used to go to college regularly and supported her family working as a daily wageworker. Men from her village, Anil, Ghanshyam, Baadal, and Raja, harassed Chanchal on a daily basis.

They had been sexually and verbally harassing her for many months prior to this incident. When she refused to give in to their demands and boldly opposed their sexual harassment, they brutally threw acid on her face and body, which also fell on Chanchal’s younger sister’s body. The men attacked Chanchal on 21 October 2012 at midnight by climbing on Chanchal’s roof while she and her sister were asleep. After hearing their daughters’ screams, Chanchal’s parents rushed the girls to Patna Medical College and Hospital (PMCH).

After the acid attack, PMCH doctors delayed proper treatment and failed to give her medicines, worsening her condition. Chanchal’s parents had to purchase almost all medicines out of pocket causing them to go under debt spending more than 5 lakhs on medicines. PMCH doctors and nurses mistreated Chanchal and her family telling her she has no right to be at the hospital given that she was Dalit.

The Petitioner of the Petition is Parivartan Kendra, is a registered NGO (Registration No. 207/2007 under the Registered Society Act, dated 28.05.07 at Patna, Bihar). Who has filed this public interest litigation to ensure justice for survivors and to humbly urge this Hon’ble Court to direct the respondents to mirror other countries in the region by taking meaningful steps to ensure that survivors are adequately compensated, treated, and rehabilitated.

Now, the Supreme Court has issued notice to the Union of India and others.

Explore bringing back dalit victims to Mirchpur: Supreme Hampton Court

NEW DELHI: The Supreme Court on Wednesday asked legal experts and social scientists to explore the possibilities if Dalit victims of Mirchpur Village violence in Haryana could be brought back and resettled in their native place.

The court's observation followed the state government's statement that it would provide food grain and employment to the Dalit victims from Hisar district.

An apex court bench of Justice G S Singhvi and Justice V Gopala Gowda asked the president of the Hisar District Legal Aid Committee and representatives of Tata Institute of Social Sciences to explored the possibilities if the displaced victims could be brought back to the village or suggest other alternative options.

"We consider appropriate to request the Hisar Legal Aid Committee and the nominee of the director of Tata Institute of Social Sciences to conduct joint inspection with the assistance of other officers of the district to suggest available solutions," the court said.

Dalit settlements were targeted and torched by the members of dominant case April 21, 2010 in which a 70-year-old man his 18-year-old physically challenged daughter were killed.

The court's order to explore the possibilities of bringing back the displaced Dalits came after Haryana's Additional Advocate General Manjit Singh Dalal told the court that "resettling them outside Mirchpur was not possible".

The court said that those members of the victim families who need employment should approach the competent authority for employment under the rural job scheme.

"They are not coming" as they had found employment, Dalal told the court.

As senior counsel Colin Gonsalves, appearing for victim petitioners, told the court that they were scared of going back to their village fearing a backlash, the court said that things will change only with awareness and change of mindset.

Pointing to incidents of violence against Dalits in Uttar Pradesh, Madhya Pradesh, Bihar, Gujarat, Rajasthan, and Andhra Pradesh, the court said "it takes a lot of time before reforms come".

Pointing to the national statistics of violence against Dalits, the court said: "Obviously the bias is across the country. Unless the mindset changes, how does it help...society must change."

"In a large country like ours it takes time. There is no other country where such caste based crimes takes place."

Justice Singhvi referred to the growing awareness on women empowerment. "There is awareness about women. Their participation is increasing. It is more in urban areas but with passage of time it will come there (rural areas) also."

The court asked Northern Railway to submit their claim for damages before the claim commissioner appointed by the Haryana government on the losses it suffered on account of an agitation and damage to its property.

The judges said the railway would file their claim for damages within two weeks and claim commissioner would decide it in four weeks.

The judges asked the railways to file their claim for damages before the Uttar Pradesh chief secretary, if there was no claim commissioner, for the losses it suffered in railway blockage by members of particular community.

http://articles.timesofindia.indiatimes.com/2013-07-25/india/40793285_1_social-sciences-apex-court-bench-supreme-court

Guest post: SOWL holds 2nd Annual Conference on 'Law, Social Change and Gender'

The India International Centre, hosted SOWL India’s 2nd Annual Conference themed “Law, Social Change and Gender” which brought together prominent lawyers, academics and policy-makers. The violent sexual assault perpetrated on a student last year in Delhi which served as stimulus for appointment of the Verma Committee and the legislative amendments thereafter along with a slew of ‘women-centric’ initiatives, formed the theme of this year’s conference. SOWL India brought together various voices that are influencing law and policy pertaining to violence against women, as part of its 2013 Annual Conference.

          The event commenced with a keynote address by Retd. Justice Leila Seth who reminisced about the challenges she faced as one of two lady lawyers in the Patna High Court. Her anecdotes drove home the misogyny that those of her ilk had faced and overcome for it to be smooth sailing for us thereafter. She talked about her experiences as a member of the Verma Committee and underscored her disappointment with the piecemeal amendments of the criminal law. She remarked that change was always incremental and although an 80 year old (Late Justice Verma) and an 82 year old (herself) had believed along with the solitary ‘young man’ on the Committee (Mr. Gopal Subramaniam) that it was time to outlaw marital rape, our law makers didn’t think it was time.

          The first panel moderated by Swathi Sukumar, Litigator and Member of the Governing Council focused on the inter-relationship between law and civil society. Nivedita Menon underscored her healthy distrust of the law and discussed the various feminist critiques of the law. With specific reference to women’s reservation in India she talked about how while one set of feminists advocate the ‘sameness’ approach that treats all beneficiaries as equal, it cannot work when women have traditionally been undermined either by patriarchal laws or misogynistic interpretations of the law (case in point: Justice Seth’s illustration of how despite the Constitution treating women as equals, they were considered persona non grata and were not allowed to practice law despite the Advocates Act applying to ‘persons’). On the other hand the ‘difference’ approach is fraught with risks in that it promotes protectionism. The next speaker was Colin Gonsalves who talked about a range of issues from the hurdles faced by legal aid warriors to the lethargy and lack of inertia in established legal aid centres to dispense genuine aid.

          Post lunch it was a panel that Shwetasree Majumder, General Secretary of SOWL, moderated. The opening speaker, Dr. (Prof.) Mrinal Satish, whose doctoral dissertation at Yale was on Rape Sentencing in India, highlighted the recommendations of the Verma Committee and the glaring procedural and substantive errors in the law as it was amended. For instance he highlighted how despite the legislators purportedly enacting the amendments in response for the public outcry for the death penalty have, on account of slipshod editing, omitted to add the death penalty for gang rape while proscribing it for aggravated rape by an individual. Advocate Malavika Rajkotia who spoke on the Women’s Reservation Bill thereafter viewed the legal instrument as doing only lip service and no real good for the cause of women. Noted criminal lawyer and Senior Advocate Rebecca John spoke thereafter on police reform and relied on a number of real life examples to demonstrate that the autonomy of the police is only one half of the picture and that if political control is removed and there is no civil society or judicial control to take its place corruption will be an even bigger malaise. She concluded on a poignant note with the words “When courts curtail liberty we trust them, when they defend liberty we are suspicious.” Karuna Nundy, a Delhi based lawyer spoke about the recently enacted and highly problematic Sexual Harrassment in the Workplace Act. Finally Nandini Sundar made an impassioned plea for repeal of the Armed Forces Special Powers Act for the havoc it wreaks on women in conflict zones.

          Meant to act as a platform for professional development, mentorship, pro-bono activity and legal activism, SOWL’s second Annual Event made a conscious attempt to involve the attendees in an active conversation with some of India’s foremost legal minds.

http://www.barandbench.com/content/guest-post-sowl-holds-2nd-annual-conference-law-social-change-and-gender#.UfdTEY2Nmss

Supreme court asks NGOs to suggest methods to strengthen clinical trial laws

The Supreme Court Friday asked the central government to discuss with states all facets of a legal framework to regulate and monitor clinical trials of new drugs by foreign firms across India. A bench of Justice R.M.Lodha and Justice Madan B. Lokur also asked petitioner Swasthya Adhikar Manch, the National Human Rights Commission (NHRC), NGOs and other organisations to submit their suggestions for strengthening the legal regime to regulate clinical trials so as to minimise the harm to the patients upon whom the new drugs were being tested.

The court asked the union health secretary to call a meeting of the chief secretaries/health secretaries of the states and union territories and report to it on the outcome as it directed the next hearing Sep 24. The court’s order came on a public interest litigation by Swasthya Adhikar Manch of Indore and others who sought a halt to ‘unethical’ clinical trials by multinational drug companies of their new products in India and treating of Indian patients as guinea pigs.

Complimenting the NGO and others for focusing on the issue, Justice Lodha said: ‘Your efforts have brought some changes. They (government) have become conscious of difficulties or the problems people are facing.’ Noting that the central govenment has taken some measures to strengthen the mechanism to regulate the clinical trials, the court said: ‘What we are interested in is that what has happened in the past should not get repeated. Arrest the recurrence of death and side effects because of clinical trials.’

The court’s observation came after Additional Solicitor General Siddartha Luthra told the court that the government was bringing amendments to the law that will put in place a stringent regulatory mechanism and provide for punitive punishment for those violating it. He told the court that amendments would be effected in the monsoon session of parliament. Making clear that it was up to the government to take the call to put in place a strong legal regime to regulate the clinical trials, the court said that alternatively it will have to step in. In the course of the hearing, the court asked Luthra why can’t there be a committee to oversee the clinical trials.

‘Why don’t you consider constitution of an oversight committee to oversee all such clinical trials?’ it asked. ‘Technology must grow’, Justice Lodha said, adding that ‘regulation has to be in such a way that no harm is caused (to the patients tht was begin tested upon) or it is minimized’. The court’s observation came in response to Luthra’s submission that the available medicines had to develop to treat new strains of diseases. He said that people suffering from ailments defying treatments volunteer to be tested on new medicines. Senior counsel Colin Gonsalves, appearing for one of the petitioners, said the statutory provision for regulating clinical trials was good but was not being enforced.

On the other hand, senior counsel Sanjay Parikh told the court that there was nothing new in the government response and it was same as it had given to the Parliamentary Standing Committee on Health. ‘New chemical entities that have not been tested should not be allowed to be tested in India as they were resulting in deaths,’ Parikh said, alleging that in fact it were the drug companies that were authoring reports on their drugs on which the drug controller was putting his signatures.

http://health.india.com/news/supreme-court-asks-ngos-to-suggest-methods-to-strengthen-clinical-trial-laws/