Delhi HC issues order for release of Tibetan protesters

Delhi High Court tells Delhi Police to stop unnecessary harassment and unwarranted interrogations in wake of Tibetan Protests, Government assures immediate release of all arrested/ detained Tibetans

29.03.2012/ New Delhi

During the recent visit of Chinese Premier to New Delhi for BRICS Summit on 29/29.03.12, Delhi Police unleashed panic and caused harassment of Tibetans and Indians from North East India, who resembles like Tibetans and subjected several people to unwarranted interrogations. Around 200 Tibetans were sent behind the bars on mere suspicion. Lawyers from HRLN were flooded with requests for help and when these lawyers tried to get in touch with the detained Tibetans, police stations denied access and refused to share any information about charges.

On 29.03.12, Acting Chief Justice Arjun Sikri of Hon’ble Delhi High Court was informed about such indiscriminate action of police by way of oral mentioning in the open Court and Counsel for Delhi Police was immediately called to answer the complaint. Lawyers from HRLN, Advocate Svetlana Sandra Correya and Advocate Tsering C. who had themselves faced difficulty in extending legal assistance to arrested persons and had faced unnecessary interrogation at the hand of police also appeared before Hon’ble High Court and narrated their experiences.

Keeping in view the urgency and on the assurance that all 198 arrested/ detained Tibetans will be released on 30.02.12 latest by 10:45 AM, Hon’ble High Court passed an order, observing that:

No doubt, the police and other authorities including FRRO, as and when suspect any law and order situation, are entitled to take remedial/ preventive measures. At the same time it is also the duty of the police not to put anybody to unnecessary harassment and unwarranted interrogations. The aforesaid order is in respect of 197 Tibetans and other Tibetans; therefore persons from North East or Ladakh cannot be subjected to any interrogation / detention pursuant thereto.

On the request of Lawyers, Hon’ble Court has also granted liberty to present a Petition to ensure that these kinds of incidents are not repeated in future. Commenting on this development, Sethu Das, President of prominent Tibet Support Group “Friends of Tibet” has said:

“We thank entire team of lawyers for taking this issue to a very logical conclusion. This unique court order will also have a lasting impact on all political activities in future by the exile community members.”

Soon a comprehensive petition will be presented before Hon’ble Court seeking remedies against re-occurrence of such violations in future.

For further details, Please contact:
Advocate Anant Asthana
Human Rights Law Network
Email: anant.asthana@hrln.org/ litigation.delhi@hrln.org

Read the full order here

Court issues notices to 57 in Mirchpur murder case

Respondents asked to file replies to appeals by March 27.

The Delhi High Court on Friday issued notices to 57 people on a bunch of appeals by victims of the Mirchpur caste violence case in which two persons were killed and 18 houses of the Dalit community were burnt in the village in Hisar district of Haryana in 2010.

A Division Bench comprising Justices S.P. Garg and S. Ravindra Bhat asked the respondents to file replies to the appeals by March 27.

Appellants Kamla, wife of deceased Tarachand, her son and three others through their lawyers, Anubha Rastogi and Shreeji Bhavsar (HRLN Lawyers), have sought enhancement of punishment for the 12 accused and conviction of the three accused who were awarded life imprisonment under the Scheduled Castes\Scheduled Tribes (Prevention of Atrocities) Act under Section 302 (murder) of the Indian Penal Code as well. The trial court had held a total of 15 accused guilty in the case.

The appellants have also sought conviction of the 82 persons acquitted by the trial court for want of credible evidence. However, the Bench issued notices only to 42 of them saying the prosecution had not produced sufficient evidence against rest.

Fifteen other notices were issued to those held guilty by the trial court.

The Special Judge of a designated Scheduled Castes/Scheduled Tribes court here, Kamini Lau, had convicted the three accused for culpable homicide not amounting to murder for setting fire to the house of Tarachand and Suman in which they had taken refuge. They lost their life in the attack. Six persons were held guilty for setting other Dalit houses on fire and six others for unlawful assembly and stone throwing.

However, Ms. Lau acquitted them of the charges of murder, rioting, looting, and criminal conspiracy saying the prosecution had failed to establish the charges against them beyond reasonable doubt.

The Special Court had also acquitted Narnaud Police Station House Officer Vinod Kumar Kajal, one of the accused in the case, for allegedly exhorting the mob to burn Dalit homes before police reinforcements arrived and for alleged negligence of duties under the Scheduled Castes/Scheduled Tribes Act, saying the charges against him could not be proved.

The case had come to Delhi on a direction by the Supreme Court on a petition filed by the victims expressing apprehensions that the trial would not be fair in Haryana as the environment there was not conducive.

·  Two persons were killed, 18 Dalit houses set on fire in Haryana's Mirchpur village in 2010

·  Appellants seek enhancement of punishment for 12 accused

As reported by Hindu on 25/2/2012

The High Court of Madhya Pradesh has passed a landmark final judgment in the case of Sandesh Bansal v. Union of India (PIL) W.P. 9061/2008, recognizing that a woman’s right to survive pregnancy and childbirth is a fundamental right protected under Article 21 of the Indian Constitution.  Filed in 2008 by Sandesh Bansal, a health activist and member of the Jan Adhikaar Manch, as part of Human Rights Law Network’s national strategy to use litigation as a means of addressing India’s high maternal mortality & morbidity, the case sought accountability for the government's failure to respect, protect, and fulfill the rights of pregnant women. Advocate Jayshree Satpute, who argued the final hearings in the matter noted the judgment as a  "a significant step forward for women's health in India, as a growing number of High Courts have begun to recognize reproductive rights as fundamental rights and order life-saving reliefs."

 

Madhya Pradesh is the India's third most populous state, and as noted by the Honorable Court "afflicted with the worst indicators in India" such as high rates of illiteracy, mortality, morbidity and people living below the poverty line. Poor socio-economic conditions persist despite enactment of the National Rural Health Mission (NRHM), a public health scheme funded by the Central Government to address India’s shockingly high maternal and infant mortality in furtherance of its public health duties as provided by the Indian Constitution and international human rights law. Relying upon extensive government research and reports, such as the State Programme Implementation Plan, Common Review Mission, and a Registrar's report submitted during the pendency of the litigation, the Court documented the failure of the government to implement the NRHM, noting dilapidated facility conditions, non-availability of skilled personnel, essential medicines, and access to timely and consistent matenal health services. The Court further rejected the government's claim that financial constraints served as a barrier to full implementation, noting that over 17100 lakhs remained unspent at the end of 2009.

 

As the Court eloquently explained,  

 

" 22. (…) we observe from the material on record that there is shortage not only of the infrastructure but of the man power also which has adversely affected the effective implementation of the [National Rural Health Mission]  which is turn is costing the life of mothers in the course of mothering. It be remembered that the inability of women to survive pregnancy and child birth violates her fundamental rights as guaranteed under Article 21 of the Constitution of India. And it is primary duty of the government to ensure that every women survives pregnancy and child birth, for that, the State of Madhya Pradesh is under obligation to secure their life.

 

In recognition of the fundamental nature of these rights, the Court ordered immediate implementation of the NRHM, with a focus on strengthening infrastructure, providing access to timely maternal health services, skilled personnel, effective referral and grievance redressal mechanisms. A timebound plan for “strict and timely” implementation was ordered consistent with NRHM, with the Court setting specific directives, such as:

 

• 24 hours availability of trained woman as ASHA/Community health worker

• Two staff nurses at the primary health centre to ensure round the clock service therein

• Three staff nurses at the primary health centres to ensure round the clock serrvice therein.

• Uninterrupted electricity supply and the water supply to the sub-centres and public health centres.

• Ensure proper modern sanitation.

• Ensure that in all 227 Community Health Centres in the State of Madhya Pradesh the availability of 24 hours delivery services including normal and assisted deliveries it has 30-35 beds. To be equipped with man and machine at par with the Indian Public Heatlh standards, which would include Essential and Emergency Obestric Care Unit, so that round the clock hospital like services are available.

• Ensure availability of vehicle round the clock under Janani Express Yojana.

• Ensure that every pregnant women and new born is vaccinated with Tetanus, BCG, Polio, DPT

• To set-up all 87 Rogi Kalyan Samitis

• Constitute monitoring committee at District Block level and ensure complete documentation of each and every patient.

 

Please see detailed judgment here

 

 

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.

Contact:
Advocate Jayshree Satpute
Mob: 987155098
jsatpute@gmail.com

 

Or

 

Advocate Anubhav Jain

9425152501
Jayshree Satpute
Advocate

Mobile: +91 (0)9871155098
E-mail: jsatpute@gmail.com
Website: www.nazdeek.org

HRLN intervenes to secure protection for newly married couple, Delhi High Court directs Delhi Police to safeguard the couple

04.01.2012/ Delhi

Incidents of harassment of young boys and girls for exercising their right to choice in marriage are quite routine in India. Boys generally face criminal cases against them for kidnapping the girls, while girls face humiliation and harassment by the parents and society, leaving the couple with no option except to elope or hide or sometime even committing suicide.

One such case of a couple from Uttar Pradesh (UP) who fled to Delhi was brought to the notice of HRLN Social Worker on 02.01.12 in the evening. Couple informed that both of them were adults and had married as they were in love and had to flee to Delhi as they were being harassed by parents of the girl and Uttar Pradesh Police. Couple informed that a FIR for kidnapping the girl was lodged in UP against the boy and his family and some police personnel were raiding places in Delhi to catch the boy and his family.

Two HRLN lawyers immediately took up the matter, drafted the petition in the night itself and filed it in Delhi High Court the very next morning praying for protection of the couple. Case was admitted as Writ Petition (Criminal) 12 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 couple while their stay in Delhi. This direction has been communicated to the concerned authorities by HRLN and the couple is now residing safely and securely in Delhi.

For further details, please Contact: 
Smriti Minocha , 09811434363

Advcate Anuj Castelino , 09650760842
Advocate Monica Joshi, 09911667995
Email: wji.delhi@hrln.org / litigation.delhi@hrln.org
Human Rights Law Network , Delhi

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