Delhi High Court calls for report from Delhi Police on kidnapping and abduction of young boys and girls in past five years

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18.07.12/ New Delhi

Hearing a petition of a father claiming police inaction on kidnapping of his child, Delhi High Court has issued notice to Delhi Police and has called a detailed report on cases of kidnapping/ abduction of young boys and girls in that area in past five years detailing steps taken by Police and cases solved.

Arguing counsel Svetlana Sandra Correya from HRLN, who had filed the petition (Writ Petition Criminal 978 of 2012) informed the Court about growing number of kidnapping and abduction of young boys and girls in some areas of Delhi and urged for stringent measures to be adopted by the Police.

Delhi Police is expected to file its report within 10 days and matter will further be heard by Hon’ble Court on 08.08.2012.

HRLN had initiated this petition on being approached by a father whose young son had gone missing suddenly when he was playing out side his house and Police was not able to trace the child despite lapse of a considerable time. It was also brought to the notice of HRLN that there were numerous instances of children going missing being reported in that area.

Click here to read the order dated 18.07.2012.

For further details, please contact:

Advocate Svetlana Sandra Correya

Human Rights Law Network

Mob: 0 99 53 67 13 06

Email: litigation.delhi@hrln.org

Read Court Orders here 

Don't treat humans like guinea pigs, warns Supreme Court

Source: NDTV
New Delhi: The Supreme Court today expressed concern over alleged illegal clinical trial of drugs in the country, saying its "unfortunate" that humans were being treated as "guinea pigs".

A bench headed by Justice RM Lodha pulled up the Centre and the Madhya Pradesh government for not filing their response on PILs alleging large-scale illegal drug trials in the state and other parts of the country.

The bench said, "There has to be some sense of responsibility (on the part of the government). Human beings are being treated as guinea pigs. This is unfortunate." The bench granted the government and Medical Council of India eight weeks more time to file their replies.

The court was hearing two PILs filed by a group of doctors and an NGO alleging that illegal and unethical clinical trials were being done on poor persons including juveniles, tribals and dalits who were used as guinea pigs for testing of drugs and vaccines produced by multinational corporations.

The petitioners had also urged the court to order formation a Committee of Experts, consisting of members of civil society especially, the All India Drug Action Network, to examine the present legal provisions concerning clinical trials both in India and abroad and to make recommendations for framing guidelines on the issue.

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HRLN team locked inside Asha Kiran while conducting inspection

NEW DELHI: A team of lawyers who were conducting an inspection at the Delhi government's overcrowded Asha Kiran Home at 7.30am on Saturday. Half way into the inspection approved by the Delhi high court, the staff on duty at the home for mentally challenged allegedly refused to let the lawyers out, insisting that they had orders that the team must wait for senior officials in charge of the home.

When the team was locked inside the home they called the police and an FIR was lodged.

For more information read: Times of India ,
                                              Indian Express

Contact: Advocate Anant Asthana and Advocate Pankaj Sinha : Litigation.delhi@hrln.org and Seema Baquer on dri.delhi@hrln.org

Delhi High Court Issues Historic Guidelines to eliminate incarceration of children in Jails

In response to a letter petition by HRLN Lawyer Anant Asthana alleging that juveniles are being shown as adults and are being incarcerated into Jails and subsequent discovery of hundreds of juveniles in Tihar Jail in the survey done by teams constituted by National Commission for Protection of Child Rights, Delhi High Court has issued comprehensive directions to eliminate incarceration of children into jails.

Some of the salient features of these historic guidelines are detailed below:

Age Memo: On the line of “Arrest Memo” which was evolved on the direction of Supreme Court in order to curb illegal detention at police stations, Delhi High Court has directed Police to incorporate “Age Memo” in criminal investigations. Copies of such age memos have to be immediately supplied to accused, his/her family and officials of Legal Services Authority.

Inquiry and Action against Police in case of lapse: In each case of lapse, Deputy Commissioner of Police shall conduct inquiry and action shall also be taken against the erring police officials.

Mandatory Legal Aid: Court has also issued detailed guidelines to Juvenile Justice Boards to ensure that not a single child goes unrepresented by a legal aid lawyer and has set in details as to how effective and meaningful legal aid has to be provided to juveniles. Official of District Legal Services Authorities have been given responsibility to act as a check on police officials with a view to ensure that they don’t produce persons below the age of 18 years in adult criminal courts.

In pursuance of this Judgment, hundreds of persons incarcerated in Jails of Delhi are now being produced before Juvenile Justice Boards and Courts which are conducting age inquiries of such inmates. Among those who have been incarcerated in Jails is a person who has served 14 years in Jail already and another one is who was sentenced to death. Both of them have now been declared juveniles and have been set at liberty. These guidelines have been issued by Division Bench of Hon’ble Delhi High Court comprising of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahay Endlaw in Writ Petition (Civil) 8889 of 2011.

For background details, click here:

Read the Delhi High Court Judgment for further details of these historic guidelines on our website (www.hrln.org)

For further details, Contact:

Advocate Anant Kumar Asthana

Email: anant.asthana@hrln.org

Mobile: 92 12 11 71 05

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