PUCL BULLETINVol. XXXI, No. 1 ISSN-0970-8693

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Press Release by PUCL onDr. Binayak Sen's Conviction

Delhi/ Raipur,24th December, 2010

The People's Union for Civil Liberties is deeply disappointed at themiscarriage of justice reflected in the judgement of Raipur Additional Districtand Sessions Judge B. P Verma sentencing our National Vice PresidentDr. Binayak Sen to life imprisonment under charges of sedition 124 (A) ofthe IPC read with conspiracy (120-B IPC) along with convicting himconcurrently u/s 8-(1), (2), (3) and (5) of the Chhattisgarh Vishesh JanSuraksha Adhiniyam,2005 (Chhattisgarh Special Public Safety Act, 2005)and u/sec 39 (2) of the Unlawful Activities Prevention Act, 2004 (amended).It is a sad day for the PUCL and all human rights defenders in the countryand a black day for the Indian Judiciary

Dr. Binayak Sen was charged with being a courier of letters from co-accused Narayan Sanyal to Piyush Guha. All through the trial not a singleJail authority appearing as prosecution witness confirmed this. In fact,there was no substantive evidence to confirm any of the allegations of theprosecution.

The PUCL holds that Dr Binayak Sen is a victim of the vendetta of theChhattisgarh government for his bold and principled opposition to statesponsored vigilante operation Salwa Judum, which has been heldunacceptable even by the Supreme Court. His conviction is one moreexample of the state succeeding in securing the conviction of an innocentperson on the basis of false evidence. It is an occasion for the nation todemand drastic reform of the criminal justice system to ensure that it isnot manipulated by the state to persecute, prosecute and victimize innocentpersons.

The PUCL will continue to work towards Dr. Binayak Sen release andtake all legal measures in this regard. It will also work towards buildingpublic opinion against the ongoing persecution of activists and HumanRights Defenders in the country.

Prabhakar Sinha ( President)

Pushkar Raj ( General Secretary)

Mahipal Singh ( National Secretary)

Kavita Srivastava ( National Secretary) ❑ ❑ ❑ ❑ ❑

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EDITORIAL: Press Release on Dr. BinayakSen's Conviction (1)

PRESS STATEMENTS, LETTERS AND NEWS:Tribute To Surendra Mohanji - PrabhakarSinha (2); PUCL Press Release onSurendera Mohan (3); CondolenceMessages for Surendra Mohan (3); OrissaPUCL: Killings of Innocent Civilians inBamunigaon, Kandhamal (8)

ARTICLES, REPORTS & DOCUMENTS:Surendra Mohan: An Ideal Political and SocialActivist -Pushkar Raj (2); Delhi PUCLConvention: (i)Prabhakar Sinha's InauguralSpeech (4); (ii) General Secretary's Report (6);(iii) Report of the Delhi Convention (7); Delhi-Noida-Delhi Flyover - Shubhangi Bhatnagar (8);The Republic on A Banana Peel - P. Sainath(10); Punjab PUCL: State Executive Meeting(12); Sharia, Fatwas And Women's Rights -Asghar Ali Engineer (12); Gujarat PUCL: HumanRights Day (13); Sansad Gherao - LandAcquisition and Displacement (15); Reports:(i) Crime in India (16); (ii) Crime Against SC/ST (17); (iii) Crime, Money and Politics in Bihar(17); (iv) Prison Reform- Dr. L. D. Mishra (18);India Not Shining For Women; Ranked 112/134in Global Gender Gap Report (18); Proposal toPut Indian Residents under SurveillanceForever - Gopal Krishna (19)

PUCL BULLETIN, DECEMBER 2010 2

Tribute to Surendra MohanjiSurendra Mohanji has been the only political leader of high standing who remained committed to democratic

values and civil liberties even after the end of the Emergency and continued to play an outstanding role in thehuman rights movement till his last breath. He was a founder member of PUCL and made significant contributionto its growth and development by regularly participating in its activities and his balanced, principled and judiciousview on important and complex issues. He identified himself with the common man and rejected the pomp andshow so typical of the present political class. His humility and simplicity endeared him to all and is worthy ofemulation.

Prabhakar Sinha, President, PUCL ❑ ❑ ❑ ❑ ❑

In the death of Surendra Mohanthe country has lost an eminentsocialist ideologue and an idealpolitical and social activist. Hissimplicity of life and dedication to thepeople's cause will remain aninspiration for young generations.Politics for Surendra Mohan was aninstrument to seek and effect changein society for better life for thecommon man rather than a ladderfor pelf and power. He did not letriches and arrogance of power comenear him and lived a committed lifefor the causes close to his heart tillthe last.

Surendra Mohan was animportant member of the JPmovement and subsequently thespokes person of the Janata Partywhen it came to power postemergency. He was a member ofRajya Sabha from 1978 to 84. As thepolitics of principles receded into thebackground giving rise to politics ofconvenience and compromisesSurendra Mohan gradually distancedhimself from it. He progressivelytransformed himself into a relentlesssocial activist lending his voice topeople's movements all over the

Surendra Mohan: An Ideal Political and Social ActivistPushkar Raj

country. Despite his frail health hewould join solidarity marches,dharnas and rallies on numerouspressing public issues like forcibleland acquisition, culturalhomogenization, industrial labour,development related displacement ,police atrocities and corruption allover the country . Incidentally the daybefore his death he participated in adharna at Delhi's Jantar Mantardemanding JPC probe into 2G Scam.

Surendra Mohan was a Gandhiansocialist who lived minimally andbelieved in non-possession. Hetaught what he practiced and was agreat influence on the new generationof activists. He conducted himselflike an ordinary man reaching out topeople through his writings betrayinga sound understanding ofcontemporary social and politicalreality. Being a democrat whobelieved in accountability in politics,he maintained that people'smovement are key to spreading ofpolitical and social awareness inpeople. He believed that theempowered masses would forceaccountability in political parties andbureaucracy and the political systemwould become more responsive and

accountable. He travelledextensively to different parts of thecountry, participating in hundreds ofsmall struggles and wroteceaselessly in several newspaperson issues and policies affectingcommon people.

Surendra Mohan was a foundingmember of PUCL. He participated inits almost every programme. Hebelieved that civil societyorganisations like PUCL and a freepress are the backbone of ademocratic polity and society. Hebelieved in people's power and itsassertion in the given framework ofour democratic polity. Whiledisapproving violence as a methodof grievance articulation he wantedthe governments to look ``at thesubstance in the complaints and theprotests of the people, violent orpeaceful, not as defiance of theirauthority, but expression of massdistress.'' The PUCL salutes him asa torch-bearer of the socialism, civilliberties and people's movementswho will be remembered for hisintellectual integrity, moraluprightness and as an advocate ofpeople's politics. ❑ ❑ ❑ ❑ ❑

The Judgment convicting Dr. Binayak Sen is outrageous. It is scandalous to say that he was workingagainst the interest of the country, Unlawful Activities Prevention Act., under which he has been convicted isunconstitutional. PUCL will challenge his conviction and the Act.

Rajindar Sachar ❑ ❑ ❑ ❑ ❑

PUCL BULLETIN, DECEMBER 2010 3

Shri Surendra Mohan, a veteransocialist ideologue and President ofthe Socialist Janata Party, formerRajya Sabha Member and decadesold friend, sympathizer and Patronof the PUCL breathed his last thismorning at the age of 84 years dueto cardiac arrest. His cremation isgoing to take place at the NigambodhGhat, Delhi today, 17 December2010, at 3 p.m.

In Surendra Mohan's saddemise, the country has lost a an

Press Release on Surendera Mohaneminent public figure withexceptional qualities, the socialistmovement a leader of considerablestature and PUCL one of its foundingfathers. From its inception to the endof his life, Surendra Mohan remaineda great source of strength to thePUCL through active participation inits activities and judicious counsel.It was a marvel and an inspiration towatch a man of active politics alwaystaking a detached and judicious viewin conformity with the aims, objects

and values of PUCL on all issues.He was a gentleman par excellenceand an embodiment of modesty anddecency. In his death the country haslost a great leader of the socialistmovement, value based politics anda supporter of the cause of the poorand the downtrodden.

He is survived by his wife, ManjuMohan, a son and a daughter.

Prabhakar Sinha, President;Mahi Pal Singh, Secretary ❑❑❑❑❑

In Surendra Mohan's death welost a fighter and believer in rights ofmarginalized and poor people andvanvasis. He was a prominentmember of PUCL and an effectiveconveyor of messages to the peopleby Jayaprakash Narayan. AfterAshok Mehta he was the only livingand practicing socialist with aprofound knowledge of Indianparliamentary politics along withRajni Kothari. He was for a periodthe moving spirit of the Janata Party.I have been close to him from thetime of Emergency. I recollect hisvisiting me during the earlyEmergency days - and we have beenin constant touch for the last threedecades. I convey my sincerecondolences to his wife and family.

-Kalpana Kannabiran, daughterof KG Kannabiran, former PresidentPUCL ❑❑❑❑❑

We can't tell you how deeplygrieved we are at the passing ofSurendra Mohan. He was a wonderfulperson and tireless worker and aclose friend of Kannabiran's. The lastI read was his reference to Laxmi Jainin the Janata. The year has been oneof losses to the movement and wecan only hope that many youngerleaders spring up to carry on thestruggle. KGK has not stopped

Condolence Messages for Surendra Mohan:

K.G. Kannabiran's Statementgrieving since he was told the news.He may have sent a messagethrough Kalpana but he has alsobeen very frail.

Regretfully

Vasanth Kannabiran, wife of ShriK.G. Kannabiran, former PresidentPUCL ❑❑❑❑❑

It is very sad to learn thatSurendra Mohan is no more. ouracquaintance which was instantlyturned in to friendship and comradelyremained always. During emergencyhis statements against Indira Gandhiused to inspire us. Later asspokesman of Janata party he wasalways upright. After Indravellimassacre in 81 we invited him toKeslapur Jathra and we along withKannabiran went there and in returnwe were arrested in Adilabad. Hewas Rajya Sabha member then. Hissimplicity integrity and unassumingpersonality was a rare example inparliamentary politics. He was a truesocialist in that sense. During thedark days of Chandra Babu Naiduhe was with us in our much chasedand threatened life along with RajniKotari. Though I am in Hyderabadwhen I learnt that he was in thebeginning associated with the effortsto form the committee for release of

political prisoners. Though we haveour own clear and differentperceptions of revolution we werefriends in need. I salute him and paymy homage. Please convey mydeep condolences to his wife andfamily members.

Vara Vara Rao, Andhra Pradesh ❑❑❑❑❑

I am extremely grieved to receiveyour news on the sad demise ofSurendra Mohan.

He had been a tower of strengthto the socialist movement in Indiaand a founder member and activesecretary of the Janata Party. In spiteof all ups and down, he remained atorch bearer of democraticsocialism. In his demise, we havelost a very high ideologue and acommitted leader of the Janatamovement.

As I am not well in health andunder medical advice not able totravel by air or rail, I convey myheartfelt condolences to Manju andmembers of the PUCL.

Era Sezhiyan ❑❑❑❑❑

My Deepest Condolence to TheBereaved Family And PUCL Parivar

Bhagvanji Raiyani, Chairmanand Managing Trustee, Forum ForFast Justice. ❑❑❑❑❑

PUCL BULLETIN, DECEMBER 2010 4

Begusarai PUCL:

There were three condolencemeetings held at Begusarai (Bihar)in remembrance of Surendra Mohan.at Begusarai, Bihar PUCL GeneralSecretary & Editor of ManwadhikarPatrika Mr. Ramashray PrasadSingh said that Surendra Mohan, anEx-MP and a veteran socialist andcurrently Editor of JANTA publishedfrom Mumbai passed away on 18thDecember 2010 at his Delhiresidence. A prolific author and aleader widely respected for his simplelife and political integrity, SurendraMohan was a member of RajyaSabha (1978-84) and the Chairmanof Khadi and Village IndustriesCommission (1996-98). He was 84and is survived by his wife, Ms ManjuMohan, a son and a daughter.

He was in his old age but asactive as a young man. He wasassociated with Peoples Union forCivil Liberties ever since itsfoundation and was very active inpromoting human rights. He was aregular contributor to this group andso was contributing immensely toidentifying the issues related to theweaker section of the society asalso in finding solution. Even at thisage he was keeping so well that hewas just about to leave for somemeeting when he breathed his lastin his Delhi residence. He added thathis death is a big loss to the

community of human rights in India.

Second condolence meetingwas held in Baliya sub-division ofBegusarai. It was Presided byUmashankar jee District PUCL vicepresident and another similarmeeting was held in Bhagwanpurvillage of Begusarai Presided byPUCL State council member VinodKumar.

We, Begusarai & Bihar PUCL &Manwadhikar Patrika Pariwar, payour homage to the departed soulexpressing our sympathy andsupport to the family.

Niraj kumar, Sub-editor,Manwadhikar Patrika & PUCLActivist ❑❑❑❑❑

I am really deeply sorry to hearthis; His soul noble and good will soarI have no doubt. Unfortunately I wontbe able to come to the ceremony asI am down with viral; My respects gowith him and to his family. Pl conveyit to them. - Maja Daruwala, Director,Commonwealth Human RightsInitiative ❑❑❑❑❑

My sincerest condolences tohis family - Nayantara Sahgal,Dehradun, Uttarakhand ❑❑❑❑❑

It's shocking to learn the saddemise of the veteran leader ShriSurendra Mohan ji. Only in the lastedition of Janata I read his editorialArticle. He was very kind to me

personally. I always admired hiswritings and talked to my friends ofthe clear understanding, thoughtsand in-depth knowledge of anysubject of controversy may it be atnational or international level. Hiswritings were lucid, with clarity ofthought, impressive and messagegiving. He was a true guide to PUCLwhich we could observe at Ranchi inthe national convention. We prayeternal peace for the departed souland heartfelt condolences for thefamily. - D.L.Tripathi PresidentPUCL, Ajmer ❑❑❑❑❑

This is sad news. We all prayGod almighty to rest the departedsoul in eternal peace. We have lostan excellent worker and a strongadvocate of Human Rights. We shalltry to follow his footsteps to furtherthis cause.

RK Saxena, Vice President,PUCL, Rajasthan and Consultant,Prison Reforms Programme,Commonwealth Human RightsInitiative ❑❑❑❑❑

Members of the PUCL Punjaband Chandigarh are sad at thedemise of our beloved ComradeSurendra Mohan ji. A condolencemeeting is being held at theresidence of the President, ComradeRoshan Lal Batta, Sr. Advocate.

Rajender Mohan Kashyap ❑❑❑❑❑

Delhi PUCL Convention:Prabhakar Sinha's Inaugural Speech

India: Withering Democracy and Imperiled Human RightsThe Constituent Assemblycomprising of the leaders of thestruggle for freedom declared Indiaa Republic in 1950 promising thepeople social, political and economicjustice and committing to endeavourto minimize 'inequality of income' and'eliminate inequality of statusbetween individuals and groups'. Thepeople rejoiced in the hope that theywould be free from oppression andexploitation perpetrated by thecolonial government and wouldreceive respectful treatment from the

bureaucracy of their own governmentfor they were no more servants of acolonial government but had become'public servants'. More than 60 yearslater, they find that they have beenbetrayed by the leaders they trustedand are more exploited and liveunder greater tyranny. The inequalityof income has become scandalouslyvast with more than 50% of thepeople still surviving on starvationdiet, a larger number unable to earneven Rs. 100.00 a day for 100 daysin a year and millions having no roof

over their head while a microscopicminority comprising of thepoliticians, the rich and the highranking bureaucrats living inunimaginable luxury. This classshamelessly flaunts its wealth andluxurious life style mocking at thepover ty of the overwhelmingmajority of the people. The audacityof the rulers is clearly discernible inthe pride with which the number ofthe Indian rich finding mention in thelist of the richest people of the worldis publicized without any sense of

PUCL BULLETIN, DECEMBER 2010 5

shame in presiding over a countrywith hundreds of million of starvingmen, women and children .Thedisparity of income is not theoutcome of the rulers earning theirwealth in a fair competition on a levelplaying ground but of corruption,chicanery and worse in which theyare unabashedly steeped. WinstonChurchill's (the British PrimeMinister) reported prediction of thecharacter of the rulers if India weregiven independence allegedly madeto deny us independence nowappears to be deserving of attention.He had said, "Power will go into thehands of rascals and rogues, thelazy and the crazy, and the crooksand the corrupt, and the free booters.These are men of straw who will fightamong themselves for their narrowand selfish gains, and India will belost among political squabbles."India is not yet lost but herdemocracy is dangerouslyemasculated.

Churchill's description is notapplicable to the leaders of thefreedom struggle, but they sufferedfrom another weakness which isresponsible for the gradualsubversion of democracy from within.Those who fought for independencewere genuinely committed to theindependence of the country andwere ready to suffer and sacrifice forit, but had no genuine commitmentto either democracy or the welfareof the people. To most of them, thedemocratic constitution waswelcome but their commitment todemocracy was limited to the benefitof democracy to themselves andtheir peers and not for all. Similarly,once the goal of independence wasachieved and they came to occupypositions of power, they becamerulers without any national vision orgoal inevitably leading to self interestbecoming their 'goal'. This explainsthe sudden collapse of the edificeof morals assiduously built duringthe years of freedom struggle andthe people possessing high moralstature stooping to any depth toserve their self interest. This is the

genesis of the subversion ofdemocracy from within whilemaintaining a dangerously deceptivefaçade.

The tell tale and irrefutable evidenceof continuing subversion ofdemocracy is too visible to bemissed. The country appears to havebeen divided into fiefdoms ofdifferent shapes and sizes ruled bypoliticians' families by the rule ofinheritance via election. No realdemocracy would tolerate anominated Prime Minister withoutthe following of people to win even aPanchayat election or a ChiefMinister who is just literate, evenpolitically, and whose onlyqualification for the post is that sheis the wife of a Chief Minister who isgoing to jail for corruption and wantsa successor who will misuse thepower of the government to bail himout. Political parties which operatethe democratic constitution of thecountry are totally anti-democraticand authoritarian and have noaccountability of any kind. They area school for producing corrupt,lawless, self seeking immoralpoliticians who graduate intobecoming our rulers. From day one,a political worker is taught to be aparasite surviving on the means ofthe people and working for the leaderwho may employ him as his 'Dalal'(commission agent). All politicalparties run their affairs, includingmeeting the cost of elections,running into thousands of millionsderived clandestinely by corruptmeans. All politicians are united inensuring that there is no law tocompel them to disclose their incomeand its source and make themaccountable with regard to theirfinances. The lust for power forprivate means without regard to thelegitimacy of means was bound tolead to the nexus between politiciansand the rich who could provide theblack money, and the criminals whohad the muscle power to rigelections. The increasing number ofrich industrialists, businessmen andcriminals in the Parliament and the

Legislatures of the States is theinevitable consequence of thisunholy alliance.

Where the goal of the rulers isunabashed self interest, it is onlynatural that the power and resourcesof the State will be misused to servethe interest of the rulers at the costof the people. Taking advantage ofthe absence of democratic traditionsin the country, the rulers have beenobstructing the growth of democraticconsciousness among the peopleand have successfully misled theminto believing that they are theirbenefactors. This mindset haspaved the way for purchase of votesand exploitation of feelings of caste,religion, language or region forwinning popular support. Unaware oftheir rights, the people feel beholdento the rulers for the little mercies andcontinue to swing between one setand another who are the same asfar as their interest is concerned.Thus, whoever may win at thehustings, the people are always thelosers.

In a democracy, the government issaid to be of the people, by thepeople and for the people. Of thethree criteria, the first two are themeans and the third the end. It is toensure that the government servesthe interest of the people who arevested with the power to elect it.However, experience shows thatthere is no guarantee that agovernment elected by the peoplenecessarily works for the people andserves them. In fact, the only realtest to ascer tain if an electedgovernment is really democratic ornot is to ascertain Whether it is forthe people or not. The governmentsin independent India fail the test.

The relation between democracy andhuman rights is of interdependence.Human rights cannot survive withoutdemocracy and there can be no realdemocracy without human rights.The restraint the State is required topractice in exercise of its poweragainst citizens is only possibleunder a democratic rule The civil and

PUCL BULLETIN, DECEMBER 2010 6

political rights like freedom ofthought and the right to expressthem with impunity, the rule of lawentailing equality before the law andthe right to dissent etc. are possibleonly in a democracy. It is also onlyin a democracy that 'the inherentdignity of the equal and inalienablerights' of the people may beguaranteed. The social, political andcultural rights of the people can alsobe promoted only under a trulydemocratic government since itentails employment of the power andresources of the State in the serviceof the people. The abject poverty ofthe people and the numerousrepressive laws misused withabandon and impunity are thesymptom of a shrinking andwithering democracy. When the Statepursues the goal of serving amicroscopic minority at the cost ofthe multitude, dissatisfaction,disaffection and protest - violent orpeaceful - are inevitable and so itthe brutal repression via misuse ofnormal and black laws and blatantillegal acts like killing in fakeencounters, in police custody,unaccounted disappearances, killingand maiming in police firing onunarmed protesters.

In a real democracy, the human

rights defenders can afford to confinetheir agenda to the issues of humanrights leaving the finer points ofdemocracy to be addressed by thepolitical parties, but this option is notavailable where the democraticsystem exist only inform withoutcontent - a situation faced by thepeople of our country. However, it isunrealistic to think of accepting thechallenging task of restoration ofdemocracy on our own strength. Thepoliticians have a much wider reachto the people which cannot bematched by organizations withconcerns which do not directlyaddress issues of life in totality. Thisleaves us with the only choice ofraising the question of subversion ofdemocracy with a view to make thepeople aware of the fraud anddeception played on them by therulers they have trusted. While takingup the cases of violation of humanrights, it needs to be rememberedthat it is quixotic to think thatviolation can be stopped by takingup individual cases or relief can begiven to all the victims. India is toovast a country and human rightsdefenders are too few in number toallow such self deception.

Ultimately, it is a battle for the mindand heart of the people against the

forces which are too powerful andstrong to match. The only effectiveweapon against them is credibilitywhich must be acquired by anunimpeachable integrity andcharacter. We must present acontrast by our principled conductby avoiding a double standard,opportunistic stands andcompromises for immediate gains.It must be remembered that thepeople of India have learnt fromexperience that nobody should betrusted in a country where nobody'sconduct has been above board. Theyhave become too cynical to easilytrust anyone which makes our taskof winning their trust extremelydifficult. However, winning that trustand making the people listen are theonly options open to human rightsdefenders. Indira Gandhi was thrownout of power in 1977 during theemergency not by the superiority ofresources of the opposition but bytheir credibility as defenders ofdemocracy, which time has shownto be false. Human rights defendersmust maintain their credibility nowand forever if they are to succeed inwinning the minds and hearts of thepeople whose support for humanrights is the only guarantee againsttheir violation. ❑❑❑❑❑

General Secretary's Report Presented before the ConventionRespected Chairman and friends,I welcome you to this Convention ofthe Delhi PUCL. Our last Conventionwas held on 26 June 2005 and thenext Convention should have beenheld within the next two years butthat continued to be postponed forone reason or the other.When the Convention was held in2005, the membership of the DelhiPUCL was about 300, which hasreached about 550 today, which issecond to Bihar only, though in apopulation of more than 1.25 crore itseems too little. The credit for thisgoes to the fact that we did notremain confined to hall meetings butspread our work to some residentialcolonies of Delhi and we organized

movements along with the localresidents against their oppressionand exploitation by the police andother government departments andwe were able to provide them succorfrom this oppression and exploitationto a great extent. The result is thattoday in the Prem Nagar andsurrounding areas of Nangloi thePUCL is recognized as the largestorganization devoted to the defenceof human rights. Another benefit hasbeen that more than 200 personsfrom that area have becomemembers of the Delhi PUCL. Apartfrom that from that area we have gotsome enlightened and energeticcomrades who possess theexperience and ability to lead theDelhi PUCL today. I have full faith that

the PUCL will soon get recognitionfor its work in other areas of theOuter Delhi district and in other areasof Delhi also.Most of the residents of these areaseconomically become toeconomically weaker sections ofsociety who have built small units ofresidence for themselves and workingin small factories, shops etc.somehow make both their endsmeet. Various departments of theDelhi government are in the processof implementing the programme ofdemolition in those areas. On the onehand the State has failed to fulfill itsobligation under the right to housingby failing to provide them houses, onthe other it is depriving them of their

PUCL BULLETIN, DECEMBER 2010 7

only shelter built with extremehardships. This is a blatant denial oftheir right to housing and living withdignity against which Delhi PUCLlaunched a movement and it willcontinue till the State continues toattack this basic human right.During its present tenure, through itsintervention in the cases of violationof the civil liberties of the people, theDelhi PUCL was able to provide reliefto them. Many people kept underillegal custody in various policestations, including three youngMuslims who were kept underunauthorized custody for more than20 hours in the Gokalpuri PS withoutany formal complaint or FIR, weregot released and in areas of andaround Prem Nagar, Nangloi illegalextortions from people building theirhouses, rag pickers and thoserunning small shops etc. by thepolice by force was stopped.Through its intervention the DelhiPUCL also got released 17 Pakistaniand 11 African citizens from theRestricted Foreigners DetentionCamp, Lampur, Delhi and got themdeported them to their respectivecountries. The Pakistanis hadundergone imprisonment on variouscharges and even after havingcompleted their terms ofimprisonment had been illegallydetained in the Camp from about six

months to five years. The Africanshad spent about 7-8 years in jailduring the trial period and even afterbeing acquitted by the trial courtholding them not guilty of the chargeson which they were arrested andtried, in had been put in the DetentionCamp and would have remained therenobody knows for how many yearsmore.This effort of the Delhi PUCL also gotsupport from many newspapers ofDelhi. The fact finding report of theGeneral Secretary was put on thewebsite of the Human RightsCommission of Pakistan and manyhuman rights activists of Pakistanpraised the effort.I think that this effort of ours musthave promoted goodwill and fraternalfeelings between individuals and civilliberty activists of India and Pakistan,rising above the barriers of countriesand religions. Perhaps it wasbecause of the strengthening of suchhumanistic ties that the human rightsactivists of Pakistan took uponthemselves the task of getting 456fishermen detained in the Pakistanjails released, and they succeededin getting 442 of them released andsent back to India through the Wagahborder in four batches.The work of the human rights activistscan never get reduced. As we go tonew areas, new cases of human

rights violation come to light and ourwork will only increase. For dealingwith that we shall require more newvolunteers and activists. But this willfollow automatically with thewidening of our area of activity. Theonly thing we have to ensure is thatwe increase our reach to new areasand intensify our efforts for spreadinghuman rights awareness in thoseareas.The Delhi PUCL has undertaken aprogramme of going to variouscolleges of Delhi and interacting withthe students regarding human rightsand the role of the PUCL inpromoting and protecting them. I amsure this will yield good results.In the end I thank all the members ofthe Executive of the Delhi PUCL,especially Dr. George Mathew, thePresident, for their cooperation as aresult of which this work could bedone. I am sure that the newExecutive, which will be electedtoday, will take forward the work ofthe Delhi PUCL with conviction andwill devote itself wholeheartedly to thepromotion and protection of the civilliberties and human rights of allindividuals by strengthening theorganization.Thank you,Mahi Pal Singh, General Secretary,PUCL Delhi. ❑❑❑❑❑

Report of the Delhi ConventionPUCL Delhi Convention was held on5 December 2010 at the GandhiPeace Foundation, New Delhi. About70 members including about 10women and many members from theminority community attended theConvention. For the first time a largenumber of members from the weakersections of society, whose humanrights are trodden under feet everyday in their day-to-day lives, attendedthe Convention.

The first session of the Convention,which consisted of a discussion on‘Present Challenges and the Role ofthe PUCL’, was presided over by N.D.Pancholi and the inaugural speech

was delivered by Prabhakar Sinha,President, PUCL and addressed by(Justice) Rajindar Sachar, ChandraBhushan and Kavita Srivastavabesides others. All the speakersemphasized the role of the PUCL inspreading awareness of humanrights and their propagation andprotection, particularly with referenceto the vulnerable sections of society.

The second session, which was theorganizational session, was presidedover by Ajit Jha. The GeneralSecretary’s report was presented byMahi Pal Singh and the Income andExpenditure Report by Suraj DevVasant. Members took a keeninterest in discussing the General

Secretary’s report. Satyendra Ranjanand Dharam Vir particularly praisedthe work of the PUCL Delhi duringthe last five years because an efforthad been made to reach out to thepoorer sections of society whoserights need to be protected on day-to-day basis. The former said that itwas for the first time that a visibleeffort had been made to make thePeople’s Union for Civil Liberties apeople’s organization which was alsoclear, he said, from the social andeconomic background of the newmembers joining the organization. Healso appreciated the plan toapproach college students to makethem aware of the human rights

PUCL BULLETIN, DECEMBER 2010 8

situation in Delhi and the country andto explore the possibility of bringingthem closer to the PUCL in an effortto enroll more and more youngpeople in the organization.

Shivakant Gorakhpuri narrated thesufferings of the economicallyweaker sections that face the threatof demolition of their houses by thegovernment agencies. Jaipal Nehrainformed the Convention about theplight of these sections who faceexploitation and corruption every dayin their lives. Sheo Raj Singhemphasized the need to help theroadside blacksmiths, popularlyknown as Gadia Lohars, who live amiserable life in the absence of anykind of governmental support tothem and without any civicamenities. He also talked of thecondition and exploitation of cyclerickshaw pullers by rickshaw mafiaand the police alike.

Many more speakers spoke abouttheir miserable condition and theneed of organizations like the PUCLbecause people had lost faith in the

political parties to ameliorate theirsufferings. After the widelyparticipated discussion both thereports were passed.

After this, the following new officebearers were elected unanimously.President : N.D. Pancholi; VicePresidents : Fr. T.K. John, SatyendraRanjan; General Secretary :Shivakant Gorakhpuri; Secretaries :Suraj Dev Vasant, Dharam Vir, Alka(Ms); Treasurer: Jaipal Nehra;Executive Members : JosephGathia, Sheo Raj Singh, Anand Pal,Mohd. Khalid, Mohd. Islam Najami,Raj Pal Rawat, Maharaj Singh Rana,Jai Kishan Saini, Rajesh KumarRathore, Pushpa (Ms), Seema (Ms).

The following members were electedfor the National Council: N DPancholi, George Mathew (Dr), TKJohn (Fr), Satyendra Ranjan, SurajDev Vasant, Dharam Vir, Alka (Ms.),Jaipal Nehra, Joseph Gathia, SheoRaj Singh, Anand Pal, ShivakantGorakhpuri (Ex-officio), One placevacant to be nominated later on.

It was resolved that besides working

for the promotion and protection ofcivil liberties and human rights of thepeople of Delhi, the Delhi PUCLwould take up the cause of the poorpeople whose houses are beingdemolished by government agenciesin contravention of the right tohousing. It would also take up thecause of roadside blacksmiths(Gadia Lohars), rickshaw pullers andscrap pickers who collect polythenebags from the roads for recycling,and thereby help in keeping theenvironment clean, and make themsafe from the harassment of policeand various government officials. Itwas also resolved that more andmore college students would becontacted as part of the awarenesscampaign regarding human rights.This campaign would also be carriedout in various residential areas ofDelhi.

After the presidential remarks and avote of thanks by Mahi Pal Singhthe Convention came to a close.

Mahi Pal Singh, (former) GeneralSecretary, PUCL Delhi ❑❑❑❑❑

Orissa PUCL:Press Release - November 29, 2010

Killings of Innocent Civilians in Bamunigaon, KandhamalPUCL is shocked to know of thekillings in Bamunigaon, Kandhamaldistrict, of five innocent civilians whowere returning from the hospital inan ambulance on the night of 27thNovember 2010. The deceasedincluded a three year old girl, a

pregnant woman and another patient.Going by the media reports theMaoists are behind this act. However,there is no report so far of Maoistsclaiming responsibility for the act.

PUCL strongly condemns thisreprehensible act, whoever has done

it and whatever be the motive behindit. Such mindless violence has noplace in any form of struggle and hasno justification whatsoever.

Pramodini Pradhan, Convenor, PUCL- Bhubaneswar Unit ❑❑❑❑❑

Intern's report:

Delhi-Noida-Delhi FlyoverShubhangi Bhatnagar*

The Delhi Noida Toll Bridge popularlyknown as the DND flyover is theresult of a PPP (Public PrivatePartnership). This bridge marks theshortest route between Noida andDelhi. It is 9.2 km long with 8 lanes(4 lane dual carriageways) and 31lane Toll plaza at the Noida end and11 lane Toll plaza at the Mayur Viharend1. It is one of the three bridgesacross the Yamuna River connectingNoida with Delhi and is the only one

which is tolled. In 1992, IL&FS(Infrastructure Leasing and FinancialServices Ltd.), NOIDA (NewIndustrial Okhla DevelopmentAuthority) and the DelhiAdministration signed amemorandum of understanding forthe construction of the Delhi NoidaToll Bridge. Under this MoU, IL&FSwas recognized as the developer ofthe project. The development,establishment, design, construction,

operation and maintenance wereundertaken by the Noida Toll bridgeCompany Limited (NTBCL) whichwas incorporated in 19962. Theproject was structured as a 30 yearBOOT concession which means thatthe company builds and owns andoperates a project for a contractuallyagreed upon period beforetransferring it back to the customer3.Thus 1997, a concession agreementwas entered into giving NTBCL the

PUCL BULLETIN, DECEMBER 2010 9

right to commercially exploit the tollbridge by levying toll tax. Theagreement provided that theconcession would last until (NTBCL)recovered the total project cost plusa return of 20% per annum of thetotal project cost. It is also statedthat at the end of the period, all ofNTBCL's interest in the DND tollbridge will be transferred back toNOIDA for the nominal sum of Rs.14. The contract guarantees returnof the total cost of the project bymaking provision for the extensionof the concession period if suchcost is not recovered within thespecified period of 30 years.However, the contract does not puta cap on the project cost nor does itspecify which costs are reasonable.

Initially the cost of the project wasestimated to be Rs. 408.2 crorewhich was financed through anequity of Rs. 122.4 crore and debtof Rs. 285.8 crore5. Debts wereraised in the form of term loans fromvarious Indian banks and financialinstitutions up to Rs. 235.8 croresand through issue of deep discountbonds totaling Rs. 50 crores by theNTBCL6. This project showed thatprivate capital can be attracted toprovide public infrastructure servicesin India. The toll road became theonly one in the country to be listed

on the stock exchange.

In the initial years of operationshowever, the revenue earned fellbelow the expected rate due to slowgrowth rate of Noida at the time. Infact, the first book profit made bythe NTBCL was in the year 2006.Thus, the NTBCL approached itslenders for restructuring of its debts.According to the new agreement, thetotal cost to be recovered by theconcessionaire now includesshortfalls in the recovery of returnsin the previous financial years. Thisimplies that if in a particular year thetoll revenues are low, the deficit isadded to the total cost whichenhances the base for calculatingthe 20% return in subsequent years.This has indirectly increased theamount due to the concessionaire.However due to shortfalls in thereturns in the initial years, the costincreased to 956 crores by 2006.This has raised various questions onthe efficiency with which theavailable funds have been used. Thisincrease in the cost of the bridgecaused the toll rate charged to risedue to the concession agreemententered into allowing the NTBCL torecover the expenses through the tollcharges. The toll rates are revisedevery year on April 1 for due tocertain operational delays, the rate

hasn't been fixed yet7.

The NTBCL took loans from IL&FSin 2004-05 of Rs. 944,321,313 atinterest rate of 8.5% per annum andagain in 2005-06 of Rs. 124,313,383.It also borrowed 15 crore for theconstruction of the Mayur Vihar Linkand the interest cost of the same ofRs.36,98,630 has been capitalizedwith the Mayur Vihar Link8. The termloans from banks, financialinstitutions have been secured bycreating a charge on immovableproperties of the company in Delhi,and Uttar Pradesh, all movableproperties of the company in thepresent and the future, all therevenues and receivables of thecompany in the present and future.The company calculates thedepreciation on the straight line valuebasis over the estimated useful lifeof the asset (both tangible andintangible). This may cause the bookvalue of the asset after some timeto become negative, a result offollowing the straight line method.The financial statements of thecompany are based on the principleof materiality and drawn inaccordance to the going-concernconcept using the historical cost.

Given below is the audited balancesheet of the company for theaccounting year 2009-109:

Statement of Assets and Liabilities (Audited)As at (Rs in Lacs)

Particulars 30-Sep-10 30-Sep-09 31-Mar-10

Shareholders' fund(a) Share Capital 18,619.50 18,619.50 18,619.50(b) Reserves & Surplus 23,809.10 21,621.94 23,180.14Loan funds 14,546.88 19,355.38 16,899.73Deferred tax liability 976.11 366.23 769.47Total 57,951.59 59,963.05 59,468.84Fixed Assets 58,315.73 58,783.73 58,522.24Investments 1,166.52 2,766.88 2,244.06Current Assets, Loans and Advances(a) Inventories 15.86 13.97 15.62(b) Sundry Debtors 349.78 440.37 598.92(c) Cash and Bank balances 1,273.65 61.91 319.38(d) Loans and Advances 2,792.02 1,689.27 2,003.48Less Current Liabilities and Provisions(a) Liabilities (2,472.20) (1,385.80) (1,209.00)(b) Provisions (3,489.77) (2,407.28) (3,025.86)Net Current Assets (1,530.66) (1,587.56) (1,297.46)Total 57,951.59 59,963.05 59,468.84

PUCL BULLETIN, DECEMBER 2010 10

The revenue earned comprises of thetoll revenue which is collected at theMayur Vihar link and the license feefrom the advertisement hoardings.

During the year 2009-10, provisionamounting to Rs. 29.56 million hasbeen created in accordance with theterms of scheme of amalgamationwith DND Flyway Ltd. For repaymentof loans. The company alsoreclassified the bridge from fixed toan intangible asset. A profit of Rs.1,700,088,054 was also recognizedas the difference between the costof construction services renderedand the fair value of the constructionservices on the date ofcommissioning10.

The company issued Zero CouponBonds of Rs. 100 each for anaggregate amount of Rs.555,422,000 and also redeemed 61.5of the face value up to the date offinancial statement11. A loan takenfrom M/s IL&FS has also been repaid.However, a claim made by M/sAFCONS Ltd. regarding theconstruction of the Ashram Flyoveraggregating to Rs. 19.82 million havenot been accepted by the company.A plot of land in Delhi had also beenacquired by the NTBCL for theconstruction of the bridge from thegovernment of Delhi and DDA andthe amount paid has been consideredas a part of the project cost.

The DND Bridge serves as an idealwhich can be looked upon in caseof Public Private Partnerships in thefuture though the bridge has itslimitations and drawbacks in theterms of accidents and traffic jams.It has taught us that potentialconflicts in infrastructural projectsshould be identified and measuresto overcome them should bedeveloped. The project cost shouldbe fixed and 'reasonable' costsshould be defined properly. Everyproject teaches us new lessonshelping us to tap the availableresources in the most efficientmanner and improving the quality ofservices made available to the public.

1. www.ntbcl.com2. Sheoli Pargil, Concession for the Delhi Noida Toll Bridge, a case study3. http://www.hochtief.com/hochtief_en/8201.jhtml?e=044. Sheoli Pargil, Concession for the Delhi Noida Toll Bridge, a case study5. Sheoli Pargil, Concession for the Delhi Noida Toll Bridge, a case study6. Sheoli Pargil, Concession for the Delhi Noida Toll Bridge, a case study7. http://www.indianexpress.com/news/dnd-flyway-toll-to-go-up-by-rs-4/612162/8. http://www.moneycontrol.com/annual-report/noidatollbridgecompany/notes-to-account/NTB9. www.ntbcl.com10. http://www.moneycontrol.com/annual-report/noidatollbridgecompany/notes-to-account/NTB11. http://www.moneycontrol.com/annual-report/noidatollbridgecompany/notes-to-account/NTB

* Student of first year, GNLU, Gujarat, intern with PUCL. ❑

The Republic on A Banana PeelP. Sainath

It was gratifying to have the head ofIndia's most reputed business houseconfirm the existence of cronycapitalism in the country. True, othershave believed this for 20 years but itcarries more weight when Ratan Tatasays so. As he put it in a televisioninterview with admirable candour:"Yes, I can see evidence of it. I amnot in a position to say a lot on it,but the evidence of it ..." Gee whiz!It exists, after all. A legendary Indianreformer also once observed ruefullythat "all capitalism is cronycapitalism." But since the highposition he now adorns won't allowhim to own up to that remark today,he shall remain nameless.Mr. Tata rightly warns us againstbecoming a 'banana republic.' For"Banana republics are run oncronyism." And things don't lookgood for "people of lesser power" insuch states. "They go to jail withoutadequate evidence or their bodies arefound in the trunks of cars." A grisly

thought. But we can draw comfortfrom knowing that our captains ofindustry, at least, are safe. They arenot, as the Radia tapes confirm,"people of lesser power." Presently,such awful fates befall, withdistressing frequency, RTI activists,whistleblowers, people leadingstruggles against forced humandisplacement. Maybe they are at thewrong end of the banana, which doesindeed ripen in stages from end toend and can wind up rotting thewhole plantation if not cut andconsumed in time.Up to here, Mr. Tata's words wouldfind wide agreement. The point ofdeparture is when he sees the mediaas the biggest banana peel in thatrepublic. Where he calls for "strictureson the media to not use the [Radia]tapes the way they have been usingthem." Maybe we're being unfair, ashis only objection is to "the way theyhave been using them." But in thelarger canvas, his worry is

misplaced. The media are mostlystenographers to power, not itsbanana peel. Especially to corporatepower. The Radia tapes, whether inorigin, content or fallout, do nothingto dampen that dictum. (Too many,though, use the terms 'media' and'journalists' interchangeably. But thatis another debate.) When, after all,have the media been disrespectfulin covering Mr. Tata, for instance?If the Radia tapes show us anything,they show us again who runs thiscountry. Corporates. Not even thelobbyists who do their bidding - butwould have much less clout withouttheir backing. Not journalists whocrave access to corporate titans orseek to advise them on how to fixthe courts. It wasn't long ago that awhole session of Parliament went byin just debating the dispute betweenthe Ambani brothers. A private spatover a public-owned resource callednatural gas. Oddly enough,Parliament has never had a whole

PUCL BULLETIN, DECEMBER 2010 11

session focussed on agriculture. Noteven through the sector's worstcrisis in the past decade.Whether it is gas, spectrum, ormining, luxury private townships orother dubious land deals, the last 20years have seen the consolidationof corporate power on a scaleunknown in independent India. Itwould be wrong to disconnect theRadia tapes from this background.From pitching for licences, minesand spectrum using money andmedia power to pitching forministerial candidates and portfoliosby the same methods is not a hugeleap. The same period has also seenthe emergence of media themselvesas major corporate entities. Today,we often have seamless movementbetween the personnel of someeconomic or financial newspapersand non-media corporations. Anassistant editor goes off to Company'A' as a PRO, returns in a more seniorpost to the same newspaper. Next,goes on as chief PRO, or maybeeven as chief analyst or a businessmanager to a bigger corporate. Butthe newspaper's door is open for hisor her return, perhaps as residenteditor.The dominant media are not pro-corporate or pro-big business. Theyare corporates. They are bigbusiness. Some have margins ofprofit that non-media outfits mightenvy. Media corporations are intohundreds of businesses beyond theirown realm. From real estate, hotels,mining, steel, chemicals, rubber andbanks to power and sugar. Even intoprivate treaties with othercorporations in whom they acquirea stake. On the boards of India'sbiggest media companies are alsotop corporate leaders. Some who findplaces on the Governor's Forums ofthe World Economic Forum. Othershead private banks. And then thereare top political leaders who directlyown vast media empires. Who canhold ministerial portfolios (affectingthese domains) while running theirmedia fiefdoms. The dominant mediaare not pro-establishment. They arethe establishment.The intertwining is strewn with thecorpses of Enron, Securities scam,UTI, and a hundred other scandals.Remember those sections of themedia that stood by Enron to thelast? One investigation that remainsundone in our media: where did the

millions of dollars set aside by Enronto "educate" Indian opinion-makersgo? Given this long corporate-mediajugalbandhi, should it surprise usthat a lobbyist for two giant businessgroups is able to influence whichstory will appear on what page ofwhich newspaper and even who willwrite it?The Indian Premier Leaguerepresents an advanced merger ofcorporate control, political power andmedia stenography. The media coverthe warts in that enterprise only whenforced to by its internal feuds.Corporate bosses own cricket teams.The nation's most loved sport standsprivatised. Media companies ownIPL teams too, or are their mediasponsors. Political heavyweights arethe big bananas in the IPL Republic.These links are structural and notabout individuals. The complexnature of media-corporate links stillallows for spaces within whichhonest journalists can function. Thesomewhat anarchic nature of ourpolitics and institutions still createssituations where things tumble out.True, the spaces are shrinking butthey exist. So journalists, especiallyentrenched ones, can choosewhether they want to bestenographers or not.In the larger context, the Radia tapescapture corporate power at work. Yet,clubbing all these tapes togetherdoesn't help. If you're looking for abunch of journalists who crossedethical boundaries they shouldn'thave, did things that were plainlywrong, or played games they wereunwise to, these journalist transcriptsare vital. If you're looking for the guiltyin the 2G scam, or who is reallyrunning the country, this is the wrongaddress. If we divide the dramatispersonae of the larger show into leadactors (for there are no heroes), mainvillains, supporting cast, minorbaddies (the guys who "yes boss!"),comic relief, extras, wardrobe staffand make-up artists, the journoswouldn't make it to the top threecategories. Nira Radia might, to thethird. If you're seeking to understandthe back channels of corporatepower, the tapes as a whole are aneducation.The journalists were out of line, somein worse ways than others. Varyingdegrees of naiveté, knavery andindiscretion adorn their transcripts.

True, we don't know how many tapesare held back. And yes, almostanybody's calls taped without his orher knowledge can sound stupid. Butsome of the arguments in defencehave been unacceptable, too. Yetlumping all the tapes together iswrong. And unfairly damaging tosome while downplaying largertransgressions of others. Onetranscript has a strong whiff of quidpro quo. Another sounds like a waiterjotting down an order from a favouredcustomer (a what-can-I-get-you-today kind of thing). A third isshowing off. A fourth, making awfulerrors of judgment that will haunt theirauthor. Most exaggerate theirimportance, as journalists often do.All have damaged their vital asset:credibility.There is a great deal for all of us tolearn from here about how-not-to,why, when and what-not-to.Journalists can talk to anybody ona story. How you sift what you aretold and assess who it is comingfrom then becomes impor tant.Journalists do exist who are notgardeners for their sources. Who areoutside the old boy's network thattypically, in a state, hovers aroundthe Chief Minister's point man. Orwho attach themselves to warringcorporate camps. In a fine piece onOutlook's website, Saba Naqvimakes the point that "crediblejournalists do know when to shutdown a source or not to take somecalls." Those who showindependence may lose out on somestories (the source fearing they willnot spin it the required way, or worse,check it out). But in the long run itworks.Some are paying the price for a formof journalism they have helpedcreate. A charge - any charge at all -comes up against politician A or B,and the first question to him ontelevision is: "When are you goingto step down? You mean you're notgoing to resign?" That logic nowspites its authors. The chickens arehome to roost in a stifling coop. Thatrighteous drawing-room outragehurts when turned inwards. Audiencedisillusionment follows when theyperceive a fall from that high perch.Meanwhile, I'll take a pass on thebananas.

Curtsey - The Hindu, December 03,2010 ❑

PUCL BULLETIN, DECEMBER 2010 12

Punjab PUCL:

Report on State Executive MeetingMeeting of the PUCL Punjab &Chandigarh was held on 3rdDecember, 2010 under thechairmanship of its President, ShriRoshan Lal Batta. Followingmembers were present: 1. RoshanLal Batta, 2. Rajender MohanKashyap, 3. Ashok Nirdosh, 4. GeetaSharma, 5. Bhanu Partap Gaur, 6.N. S. Sitta, 7. A. S. Khaira, 8. RaviKant Sharma, 9. Ram KrishanSharma, 10. Rajeev Godara.

Resolved unanimously thefollowing:

1. A Committee may be formed todiscuss and resolve issues of thePublic Importance, which was oneof the major concern for PublicInterest.

Shri Ravi Kant Sharma is Convenerand Members are Shri N.S. Sitta,Shri Rajeev Godara, Mrs. GitaSharma, Mrs. Madhu P.Singh. They

will meet once in a week at 2.00 PMpreferably on Tuesday in the HighCourt Premises.

2. It is resolved unanimously afterconsidering the report submitted bythe Committee of Shri Ravi KantSharma and Shri Rajeev Godara thatthe list of 27 Members submitted byMr. B.S. Saini for enrolling them asmembers of the PUCL has not beenapproved. Their recommendationshave been considered and acceptedby the Executive Committee.Resolution may be sent the CentralExecutive Committee.

3. It is unanimously resolved that thePUCL units in the districts of Punjaband Haryana will be formed as earlyas possible.

4. It is resolved unanimously that thePUCL opposes and stronglycondemn the proposed Legislationbeing passed namely:-

i) The Punjab (Prevention of Damageto Public and Private Property) Bill2010.

ii) The Punjab Special SecurityGroup Bill 2010.

The Press Release may be issuedand protest may be registered at thePublic Forums about the curtailmentof Fundamental Rights.

A delegation of the PUCL ExecutiveCommittee will meet the Governorof Punjab on 10th December, 2010at 3.00 PM i.e. the InternationalHuman Rights Day to apprise himof the curtailment of theFundamental Rights of the Citizensby such Draconian Bills beingpassed by the Punjab Vidhan Sabha.

The meeting ended with vote ofthanks to all the members and thechair.

Roshan Lal Batta, Chairman ❑

Sharia, Fatwas and Women's RightsAsghar Ali Engineer

Every now and then media reportsfatwas issued by muftis in India,Saudi Arabia and other countries.One mufti in Saudi Arabia evensuggested that if a Muslim womanhas to keep a man for householdwork and interact with him thoughhe is not mehram (from prohibiteddegree for marriage), she shouldsuckle him from her breast to makehim mehram. This fatwa was basedon a hadith narrated by hazrat A'isha.

Darul Uloom Deoband, though doescommendable work for peace andcommunal harmony, issues fatwaswhen it comes to women whichreduce women as mere secondaryto men or something subservient tothem. Recently someone from Dubaijocularly typed on his computer talaqthrice He was told your wife has nowbeen divorced and he cannot marryher until she marries someone elsewho divorces her and then only shecan revert to her former husband whojocularly typed the dreaded word.

In Iran a middle aged woman calledSakineh was punished to death bystoning as she was alleged to have

committed adultery though Qur'an nowhere mentions such a punishmentand prescribes only 100 lashes forzina and in Arabic there is only oneword be it rape, fornication oradultery. More recently, Darul UloomDeoband issued a fatwa saying thather husband said word talaq thriceon mobile and even is she did nothear it triple divorce has taken placeand she must marry someone elseas a necessary condition.

These fatwas are issued justbecause some jurist or the other hadso opined hundreds of years agokeeping in view the conditions thenprevailing in society. On most ofthese issues there is no ijma'(consensus) and many of them areeven based on controversial hadith.The opinion given by jurists hundredsof years ago were based not only onQur'an o hadith but also on socialstructure and social ethos thenprevailing.

Most of the Ulama or jurists, whenasked for fatwa consult only thosemedieval sources and never botherto apply there own reasoning power.

Taqlid (mechanical following) isconsidered as safest by all thesejurists. However, even in those daysmany jurists had stronglycondemned taqlid. Ibn Taymiyyahand Ibn Hazm both were great juristsand both have condemnedthoughtless imitation.

Ibn Hazm was from Spain and usedto give great importance to freedomof thought and independence ofthinking in his juristic thinking. In thishe was influenced by his teacherAbul Khayar. He was also of theopinion that one can be called 'Alimas long as one engages in seekingknowledge. But one who thinks heknows enough is, in fact, jahil(ignorant). And seeking knowledgeis seeking truth which is possibleonly through intellectual process.Our Ulama and jurists, as we know,have long since stopped thinking.

Qur'an is very fundamental sourcefor Islamic jurisprudence but IbnHazm, very rightly puts Qur'anicverses in three categories: 1) thoseverses which need no other sourceto understand; 2) those verses which

PUCL BULLETIN, DECEMBER 2010 13

can be understood in the light of otherverses of the Qur'an and 3) thoseverses which can be understood inthe light of authentic hadith andauthentic is one which has beennarrated by most reliable and manynarrators. Even if this method isfollowed Islamic jurisprudence,especially in respect of family laws,can be revolutionized.

Most of the jurists unfortunately rely,in matters of family laws, more onweak hadith than on Qur'an. IbnHazm, who apparently followedZahiri School (but not by way oftaqlid) strongly criticizes who do notthink by themselves and simplyresort to taqlid. And Ibn Hazm saidall this in 14th century Spain. Ourjurist live in 21st century and yetresort to mechanical following of theirrespective schools.

In fact another Spanish jurist Al-Shatibi was also very creative in histhinking about shari'ah laws. He saidthat one must first understand the

maqasid and masalih i.e. basicobjectives and welfare of people forwhom shari'ah laws are being framed.Our muftis and jurists do not at allkeep these objectives and welfareof people in mind and simply consultstandard books of their respectiveschools (of jurisprudence) and issuefatwas.

It is because of these fatwas thatIslam is negatively projected inmedia and them we complain againstmedia for its Islam bashing. A trulyreligious person should look at his/her own fault first before blamingothers. As someone said we try toremove dust from mirror instead offrom our own face. The mirror is goingto show dust on our face in any caseas long as it is on our face.

Today it is highly necessary to dustoff our own face and restore dignityof Islamic shari'ah by re-thinkingseveral issues pertaining to personallaws restoring dignity and rights ofwomen as given by Qur'an and taken

away due to personal opinions ofjurists in their own circumstances.Imitation should be thrown out ofwindow and all eminent jurists fromentire Islamic world should cometogether and compile corpus of lawsgiving equal rights to women inmatters of marriage, divorce,inheritance, etc.

There is no doubt if we keep maqasidal-shari'ah (objectives) and masalihal-shari'ah (welfare of people) andresort to independent thinking andfreedom of thought the Islamic lawswould become not only highly justbut a model to be followed by all.Ibn Hazm, for example, was of theopinion that if man is economicallyweak and woman who wishes to bedivorced well off, it is for divorcedwife to maintain her former husband,something which modern lawstipulates. We must go directly toQur'an and accept only veryauthentic hadith and Muslimwomen will be more equal than inother laws. ❑

Gujarat PUCL:Press Note: 13 December 2010

10th December - Human Rights Day observed Citizens appeal tothe President to take steps to Control Scandals and Corruption,

through Suo Moto InitiativeEvery year Human Rights Daycomes on 10th December. All thefreedom loving, aspiring fordemocratic r ights, civil liber tiesrenew their pledge to carry on thestruggle for Human Rightsirrespective of all kind of tyranny,oppression, exploitation and fascistonslaughts. Like 1st May Day theInternational workers day or 8thMarch the International workingwomen’s day 10th. December isassuming greater importance whenthere are violations of Human Rightsin every sphere of life particularly inthe wake of so globalisation,liberisation, and in the name of socalled development. Every year theHuman Rights Day bears a specialsignificance as per the change ofpolitical- economical- social- culturalsituation of the society. The fight forHuman Rights is going on everyhour, every minute through out 365days in various ways. The spirit isOne More Fight. Raising the voice

for human Rights, untidily, evenlonely has become more importantwhere Fascist sloughts, and growinghegemony of American Imperialism.In Gujarat for last 12 years theHuman Rights Day is observedunitedly. All join together spiritedlyto affirm the pledge to fight and standfor Justice. It is the day ofcelebration. There are plays, songs,speeches, exhibitions, humanchains, candle lights etc. ConcernedCitizens, various organizations,cultural groups join the programme.This year the Human Rightsprogramme was held at Sardar Baug,opp. Roopali, Laldarwaja,Ahmedabad in the afternoonorganized by Lok Andolan Gujarat,a platform of concerned citizens andorganisation to fight for the cause ofthe people’s problems. A largesection of people from all walks oflife, volunteers from differentorganizations, large number ofwomen. came to attend the

programme. There is a unique spiritof camaraderie and solidarity.The programme was presided overby one of the leading citizens ofGujarat, Mr. Prakash N. Shah.Thespeakers were known GandhianChunibhai Vaidya, Civil Right activisteminent lawyer Mr. Girish bhai Patel,the leader of the Nav Nirmanmovement Mr. Manishi Jani,Convenor for Movement for SecularDemocracy Mr. Dwarika Nath Rath,Secretary of PUCL Mr. GautamThaker, Women activist of AWAGMs. Sarah behn Baldiwala, Ms.Meeanakshi Joshi of All India MahilaSanskritik Sangathan, F. CedricPrakash of PRASANT, Mr. RahulMehta of Right to recall, Mr. ManilalPatel a leading columnist. Leadingcitizens Ms. Ila Joshi, Mr. JayantSutaria, Mr. Vallavbhai Patel, Mr.Hajibhai Miraza and others.All the speakers focused on the rightto Land, Water and Forest and the

PUCL BULLETIN, DECEMBER 2010 14

violations of Human Rights in thename of development.The songs were presented byAWAG, Samvedan SanskritikManch, All India Democraticstudents Organisation. “GujaratNumber One” play was staged bySamvedan Sanskritik Manch. Afterthe play there was direct interactionwith the public on the so calleddevelopment in Gujarat.A mass signature campaign waslaunched against the scams andcorruption in Memorandumaddressed to the President of Indiarequesting to take appropriate SueMotto action immediately to stopscams and corruptions and punishthe culprits & those engaged inmanipulating the system to remainScot free; so that the confidence ofthe citizens of our country is restoredin our democratic set up inherent inour Constitution. The Memorandumaddressed to the President of Indiawas read out by Shri Gautam Thaker.As a matter of fact on 9th DecemberAnti- Corruption Day was observedall over the country. . At the end ofthe Human Rights Day Programmeall stood up and sang the song WESHALL OVER COME and raisedslogans on Human Rights.Highlights of the speeches:· About 56 % of the children in the

country do not get food to eat.Leave aside the palatial bungalowof Mukesh Ambani’s, but thereare lacs of people in the countrywho do not have roof over theirheads. Gandhiji who had talkedabout man at the lower most end,in the temple to be constructedafter his name in Gandhinagar,houses of the poor have beenrazed to ground.

· Government is working entirelyfor the rich people.

· Today in the name of worship ofGod, 5,000 pounds of Ghee ispoured out on the roads whichindeed is sheer foolishness. Onone hand, for pleasing the God,Yajna of 51 sets is r itualizedwhereas on the other hand, foodis cooked in the differentkitchens on the basis of differentcastes and creed. In the castesystem is seen deterioration of

religion.· Culprit like Ketan Desai is

entering the University againstwhom the youths have startedagitation to which all classes ofthe society should extend theirsupport.

· Prime Minister of our country ismore faithful to the capitalistAmerica than to the commonman. We have to change thissystem.

· In the democracy, instead ofworking in the people’s interest,the Govt. is allotting lands andnatural resources to theindustrialists in a major way.Agitation has been going onagainst Nirma in Mahuva(Gujarat) and similar agitationswill have to be spearheaded atdifferent places. Hollow promisesare made for giving employment.At Nirma, 1.35 lacs subsisting fortheir livelihood on 27,000 Veeghaland have been displaced andmerely 418 persons will be offeredjob in the cement factory.

· Officers occupying higherpositions have become corrupt.The powers to sack these peopleshould vest with the people. Inthe U.S.A., people can exercisetheir power to dismiss the DistrictPolice Commissioner under theprovisions of ‘Right to Recall’.

· Islam also advocates for equalrights to the women.

· Govt. has offered such a locationto the Vanzara community ofVasana, where there is totalabsence of the basic amenities.

· Govt. is allotting lands to theindustries with blind folded eyes.Is it that food grains will bereaped in the factories?

· With the launching of the NANOcars, lands belonging to thefarmers of Sanand have beensnatched away. Now the processis initiated for seizing the landsof Bopal situated in the outskirtsof Ahmedabad, for laying largeand wide roads. People occupyingthe position of power havebecome sold out.Representatives will have to beelected and installed who canwork for the people.

· The nation has been trapped inthe vicious circle of globalization.Education has become costlier inIndia. Today about 17,000students have started movementin protest against fee rise inEngland. Here leaders of differentnations come and go back aftermaking weapon deals. Ourleaders welcome them with muchfanfare. We will have to launchmovement for the human right ofself-respectful living of the futuregenerations.

· Declaration of Human Rights wasat the international level on 10th

December 1948 and werecognized fundamental rights ofthe people in the constitution inthe year 1950. Today even after62 years the position is quitepitiable. Food grains are rottingin the godowns and people arestarving. We will have to keep onlaunching agitation keepingpeople’s interest in the mind.

· Conspiracy is hatched fordefaming the advocates /persons fighting to protect therights of those who lost theirlives, homes and livelihood in thecommunal riots of 2002. There isa strong need for giving all outsupport to the present strugglefor upholding the human rights.

Street Play was performed by thecollege students named “GujaratNo.1”, scripted by “SamvedanSanskritik Manch”. The High lightsof the street play portrayed that thetoday Govt. is not making dialoguewith the people in the matter ofdevelopmental approach. Forlivelihood of Adivasi, cattle breeders,fishermen and farmers all aredependent on water, lands andforests and to ensure that theirhuman rights are not snatchedaway.So, it is essential to spearheadstate wide and nation wideagitation.When today every onehave joined the bandwagon ofpraising the Govt. this play send aclear message to the Govt..Gautam Thaker , General SecretaryPUCL Gujarat; Dilip Chandulal,Dwarikanath Rath - Conveners, LokAndolan, Gujarat ❑

PUCL BULLETIN, DECEMBER 2010 15

Report:

Sansad Gherao against Land Acquisition and DisplacementKick-Starts in Delhi; Thousands Reach Delhi to Demonstrate in

Front of Parliament22nd November 2010, New Delhi -The week-long national actionagainst displacement and landacquisition organized by Sangharsh[1] started in the national capitaltoday. The Dharna anddemonstration by thousands ofpeople who have gathered in front ofthe parliament started at 11 am withlighting of a ‘Mashal’ (traditional torch)amidst songs sung by NarmadaBachao Andolan and Krishak MuktiSangram Samiti representatives.The main focus of the Sangharshprocess is the participation of morethan one thousand people fromAssam, who are struggling againstthe dams in Assam and North EastIndia and the forest communitiesfrom central India.The key points raised by some ofthe prominent activists and expertsincluded:Medha Patkar: Two key foundationalpillars of our national existence areunder threat today: Democracy andConstitution. We are here in our effortto save India’s democracy andconstitution. People’s very legitimateconstitutional rights are beingundermined and suppressed by thisgovernment. Our struggles are notjust about resisting displacement orimplementing people’s forest or otherresource rights, it is also about thevery right to struggle. At JantarMantar, the designated place todemonstrate in front of Parliament,the police are telling us that we cando only 9am-5pm dharnas. This isridiculous for our democracy that weask desperate struggling people todo their demonstrations like going towork and returning.Ashok Choudhury: Focus of the UPAGovt is to get these amendmentspassed in whatever way. This isagainst democratic values andagainst the parliament itself. UPA istrying to bye-pass the Parliament andgo against the recommendations ofthe Parliamentary StandingCommittee on this. ManmohanSingh’s regime is assuming the role

of a property dealer and real estateagent. In every nook and corner ofthe country, corporate / companymafia is created with activegovernment collaboration to grabland. Even the Central armed forcedand state police are being used asprivate militia of corporations. Beforebringing on any law on land, twothings should be kept in mind by thegovernment: 1) they have to accountfor the already grabbed land andprovide the citizens of this countrywith a white paper and 2) Land Rightsof all citizens of this country mustbe ensured, especially whereprogressive and pro-peoplelegislations like Forest Rights Actentitlements are involved. Thepeople’s movements across thecountry are united and committed onthe issue of Land Acquisition Act andwe will make sure that this ‘black’law (amendments) is not passed bythe Parliament of India.Kuldip Nayyar: Power today is vestedin the hands of a few ruling elitesand they do not care about the well-being of the millions of Indians. Thestruggles against varied forms ofdisplacement in our country are a big‘national shame’ as these are causedby our own democratic government/s.B.D. Sharma: Gram Sabha’s priorinformed consent and not just thepresent style of ‘consultation’ haveto become a must for alldevelopment planning in the country.It must be noted that ‘commons’being acquired and public landgrabbed does not result in anylivelihood rehabilitation or alternateland based employment for the ruralpoor. In reality, the Government ofIndia is converting the agriculturallyself-reliant populations of peasantsand agricultural workers into landlessand livelihood robbed unorganizedsector working class.KB Saxena: In a democracy, landshould be oriented towards thelivelihood of all people, especially thepoorer and marginalized sections. Inthe current bill (amendments), there

is no control over the powers of theGovernment. The way the bill isdrafted, public interest essentiallyencompasses the profit interests ofthe corporations and industrialhouses. The 70-30% LandAcquisition norm is arbitrary andagainst the basic structuralunderstanding of land acquisition forpublic purpose. Land for Land andno compensation for it will do. Landis source for livelihood and not justproperty for sale. Un-utilised, butalready acquired (for project basedpublic interest) land should not goto the government and insteadshould be given back to the landdependent populations.Thousands marched to theParliament house today in theafternoon, on the issue of Damsacross the sub-continent, especiallyin Assam, Uttarakhand, Orissa,Andhra Pradesh, Maharshtra,Madhya Pradesh, etc. The rally wasled by Akhil Gogoi, GautamBandopadhyay, Roma, Vimalbhai,Gumman Singh, Rajnish, and othercommunity leaders and activistsfrom across different movements.Later in the day, the people’sdelegations met with Union CabinetMinister Shri. C.P. Joshi (Ministry ofRural Development) and oppositionleader Smt. Sushma Swaraj and helddiscussions.We demand that UPA governmentMUST:NOT pass the proposed LandAcquisition (Amendment) Bill andResettlement and Rehabilitation Billin their current form in the Parliament.UPA attempted this towards the endof the 14th Lok Sabha and also onthe last day of the Monsoon Sessionin extremely secretive mannerwithout any debate and adequateprior information. We oppose all suchundemocratic, attempts legislativeor otherwise.STOP:Forcible acquisition and eviction ofpeople from land, water, forests,rivers and seashores or for aquatic

PUCL BULLETIN, DECEMBER 2010 16

wealth and minerals. b) Displacingpeople from habitats, rural andurban, without prior alternative andacceptable rehabilitation, with theirconsent.REPEALLand Acquisition Act and ENACT aComprehensive National Legislationon Development Planning inclusiveof just and fair, livelihood-basedrehabilitation of the minimallyaffected people and enunciating theprinciple of least displacement, justrehabilitation and a decentralizeddevelopment planning based onAr ticle 243 of the Constitution,PESA 1996 and Forest Rights Act,2006. Incorporate the progressiveelements of the Standing Committeeon Rural Development (2007-08)ENSURE that the urban poor who areunprotected workers receive theirdue right to land and shelter, relatedto livelihood bases, with strict ceilingon urban lands and STOPdisplacement and rehabilitationthrough a nexus of builders-politicians-bureaucrats. Promoteself-reliant, affordable housing

through the State and co-operativesfor the needy population.IMPLEMENT:a) PESA Act, 1996, scrupulouslyfollowing the principle of free, priorand informed consent of the adivasicommunities and extend it to allother Gram Sabhas before anydevelopment Plan or Project,whether public or private is plannedand finalized, involving use andchange in use of the resources withinthe domain of a community. b) ForestRights Act, 2006 in all forest areasof the country and any change in theland use in any forest area and anyland acquisition be subject tosettlement of claims andentitlements under Forest RightsAct.ISSUEa White Paper on all the landacquisition, displacement causedand rehabilitation completed sinceindependence. The White Paper mustalso make public the extent of landutilized, unutilized and land acquiredfor public purpose but remainsoccupied by sick and non-functionalindustries and other infrastructure

projects.MAKE PUBLICall the details and documents ofeach and every project, its impacton people and natural resources, aslivelihoods and the benefits vis-à-viscosts under Section 4 of the Rightto Information Act, which hasremained mostly unimplemented, tilldate.DISCLOSEdetails of all the MoUs signed by theGovernment of India and the stateGovernments with different privateand public corporations, companiesand others, which have landacquisition requirements and holdpublic dialogue - especially withaffected people.ENSURE that minimum and just rehabilitationfor all project-affected people in allsectors should be declared asNational Policy, leaving scope forfinalization by the communities astheir right to planning as per theDevelopment Planning Act.Sangharsh, c/o 6/6, Jungpura B,Mathura Road, New Delhi 110014 ❑

Report:

Crime in IndiaThe National Crime Record Bureau(NCRB) publishes a report every yearon Crime in India. The following aresome of the highlights of 2008 reportthat was released recently.Crime against INCIDENCEWomen RATE2007 : 1,85,312 2007 : 16.32008 : 1,95,856 2008 : 17.0Andhra Pradesh reported 12.3% oftotal such cases in the country(24,111 out of 1,95,856). Tripurareported the highest crime rate (40.2)as compared to the National averagerate of 17.0.The proportion of IPC crimescommitted against women towardstotal IPC crimes has increasedduring last 5 years from 7.8% in 2004to 8.9% during 2008.Madhya Pradesh has reported thehighest number of Rape cases(2,937) accounting for 13.7% of totalsuch cases reported in the country.Andhra Pradesh has reported 29.1%(3,551) of Sexual Harassment cases

followed by Uttar Pradesh 27.6%(3,374).Only Jharkhand (39), Bihar (22),West Bengal (5) and Karnataka (1)have reported cases of Importationof Girls.Cases under Immoral Traffic(Prevention) Act decreased by25.5% (from 3,568 in 2007 to 2,659in 2008).Tamil Nadu reported 25.8% of casesunder Immoral Traffic (Prevention)Act (687 out of 2,659).The lone case under Sati PreventionAct was reported across the countryduring the year 2008 was registeredin Chhattisgarh.Incest Rape cases decreased by23.7% in 2008 over 2007 (from 405in 2007 to 309 in 2008).Madhya Pradesh reported 16.8% oftotal Incest Rape cases (52 out of309).Offenders were known to the victimsin 91.0% of Rape cases (19,542 outof 21,467).

Among 35 mega cities, Delhi cityreported 22.4% (396 out of 1,768)of total Rape cases, 30.5% cases(948 out of 3,110) of Kidnapping &Abduction of Women, 15.3% cases(110 out of 721) of Dowry Deaths,11.5% cases (1,310 out of 11,409)of Cruelty by Husband and Relativesand 15.4% cases (553 out of 3,602)of Molestation.50.5% conviction was reported inthe country in Sexual Harassmentcases (4,128 convictions out of8,169 cases in which trial werecompleted).Crime against INCIDENCEChildren RATE2007 : 20,410 2007 : 1.82008 : 22,500 2008 : 2.010.2% increase was reported inincidence of crime against Childrenin 2008 over 2007. Cases of ChildRape went up by 7.9% during 2008(5,446) over 2007 (5,045).A total of 7,650 cases of Kidnappingand Abduction of children were

PUCL BULLETIN, DECEMBER 2010 17

reported during the year 2008 ascompared to 6,377 cases in theprevious year accounting for asignificant increase of 20.0%.Cases of Selling of Girls forProstitution declined from 69 in 2007to 49 in 2008.

Madhya Pradesh reported 18.9%(4,259 out of 22,500) of total crimescommitted against children in thecountry.The highest crime rate (11.3) wasreported by A & N Islands ascompared to National average (2.0).

Punjab (24) and Rajasthan (10)together have accounted for 46.6%(34 out of 73) of cases of foeticidereported in the country.The conviction rate at the Nationallevel for crimes against childrenstood at 35.7%.

Uttar Pradesh reported 23.8% oftotal crimes against ScheduledCastes (8,009 out of 33,615) andMadhya Pradesh reported 19.2% oftotal (1,071 out of 5,582) crimesagainst Scheduled Tribes in thecountry.Rajasthan reported the highest rateof crimes (6.6) against ScheduledCastes as compared to the Nationalaverage of 2.9. Arunachal Pradeshreported the highest rate of crimeagainst Scheduled Tribes (5.2) ascompared to the National average of0.5.The rate of crime against ScheduledCastes increased from 2.6 in 2007to 2.9 in 2008 while rate of crimeagainst Scheduled Tribes in 2008remained 0.5 - the same as in 2007.Police InfrastructureThere were 64 Policemen (Civil +Armed) per lakh population in Biharfollowed by Uttar Pradesh (72) andDadra & Nagar Haveli (80) againstthe National average of 128.Ratio of Police Officers (ASI &above) to the subordinate Staff(Head Constables & Constables in2008 was 1:7 at the National level –

the same as in 2007.There was no Woman Civil Police inMizoram and Daman & Diu (actualor sanctioned).38.2% of police force was providedthe housing facility by theGovernment.3,144 serving police officials died in2008 as compared to 3,505 in 2007reporting a decline of 10.3% in policefatalities. 763 (24.3%) policepersonnel of these died whileperforming their duties.Custodial Crimes101 Custodial Deaths were reportedin the country. 29 policemen werecharge sheeted and no policemanwas convicted during the year. Nocase of Custodial Rape wasreported in the country. No charge-sheet was submitted during the yearand 1 case remained underinvestigation. Out of the 6 cases fortrial (including those pending trialfrom previous year(s)), 2 cases werewithdrawn and the remaining 4 caseswere pending trail at the end of theyear.Disposal of crime cases74.9% (20,61,949 out of 27,52,687)

of all IPC cases registered weredisposed off by police and 79.8%cases (15,47,188 out of 19,39,738)were charge sheeted.Trials were completed in 10,52,623IPC crime cases out of total78,33,842 cases pending for trials.66,25,756 IPC cases remainedpending for trial in courts as onDecember 31, 2008.Conviction rate for IPC crimesincreased marginally from 42.3 in2007 to 42.6 in 2008.Nagaland repor ted the highestconviction rate for IPC crimes amongStates, (92.8%) (503 casesconvicted out of 542 cases in whichtrials were completed) whileMaharashtra reported the lowest rateat 9.4% (7,552 out of 80,610) ascompared to National rate at 42.6.30.8% of trials were completed inless than 1 year (3,23,987 out of10,52,623), 32.0% of trials(3,36,829) were completed within 1to 3 years, 22.4% (2,36,354)between 3 to 5 years, 11.8%between 5 to 10 years (1,24,171)and 3.0% (31,282) cases took morethan 10 years.

Crime Against Scheduled Castes/Scheduled TribesINCIDENCE RATE

SC ST SC ST2007 : 30,031 2007 : 5,532 2007 : 2.6 2007 : 0.52008 : 33,615 2008 : 5,582 2008 : 2.9 2008 : 0.5

Report:

Crime, Money and Politics In BiharNational Election Watch hasanalyzed the affidavits of 241 MLAs(out of 243) of the newly formedBihar 2010 Assembly. Affidavits of2 MLAs were not completelyavailable. Please find attached thereport on criminal and financialbackground of these MLAs.Here are the highlights:· 141 newly elected MLAs (i.e.

59%) in Bihar AssemblyElections 2010 have pending

criminal cases against themaccording to their self swornaffidavits. In 2005 BiharAssembly, 117(i.e. 35%) MLAshad pending criminal cases.

· 85 MLAs out of these 141analyzed have declared pendingserious IPC charges like murderand attempt to murder chargesagainst them. In 2005, 68 MLAshad serious pending criminalcases.

· 76 MLAs analyzed (32%) havenot declared their PAN carddetails.

· A total of 47 MLAs (i.e. 20%)analyzed are crorepatis in BiharAssembly Elections 2010. In2005, 8 MLAs were crorepatis.

· NEW demands that only cleanMLAs be made ministers in thenew government.

Courtesy: Association ofDemocratic Rights ❑

PUCL BULLETIN, DECEMBER 2010 18

Prison Reform: The National Human RightsCommission's Perspective

Dr. L. D. Mishra, Special Rapporteur, National Human Rights CommissionSpeaking on human rights andcustodial justice, Dr. L.D.Mishra,Special Rapporteur, National HumanRights Commission, observed thatthe twentieth century has been thebloodiest century in the history of theworld. The idea that human life issacrosanct is essential in India anddates back to the Mahabharata andRamayana. The lofty concept – ‘totreat all human beings with empathy,sensitivity, compassion’ – hasobviously not been followed.Dr.Mishra was of the view that thePrisons Act of 1894 is useless andneeds to be thrown out. So many ofits practices have been clearlyforbidden by the Supreme Court andyet they still happen. Most of theprisoners are not aware of their rightseither. The Model Prison Manual has 17important guarantees that areessential for safeguarding the rightsof the prisoners. These guaranteesinclude: Right to a Speedy Trial, Rightto Bail, Right to Convict to Appeal,Right to Contact with Outside World,

Institutionalized Mechanism toaddress Grievances, Right toMedical Examination, Right to LivingAccommodation, Right to Food/Nutrition, Right to Clean DrinkingWater, Right to EnvironmentalSanitation, Right to PersonalHygiene, and Right to Clothing According to Dr.Mishra, theseguarantees are not being providedto prisoners. A major area of concernis that trials do not take place ontime. We have a situation of non-attendance of investigating officersand prosecution witness,magistrates on leave, lawyers onstrike and excessive caseadjournments. He says, one solutionis to have judges and ministers meetinside the jail. They can handle theentire process in a matter of hoursinstead of months. But judges arereluctant to do so. Doing this on aregular basis could drasticallydecrease the number of under-trialsin jail and speed up the rate at whichcases are dealt with. There shouldbe a complaint box for addressingprisoner grievances. He said the

basic rights of prisoners-like gettinga medical examination, right to foodand personal hygiene-are beingviolated. Most medical officers areunaware of the fact that a basicphysical examination, of someoneadmitted to a prison, should takeplace. Food must be comprised ofcarbohydrates, protein, minerals andfat. Basic nutrition is even moreimportant for children. We need onekitchen for every 250 people. Theprisons are smoky. There are nochimneys, exhaust fans, orfireproofing. Mosquitoes are rampant.There is no platform for washing orcutting vegetables and no chapatti-making machines. Chapattis aremade on the floor. Prisons need topay more attention to personalhygiene. They need to haveappropriate toilet facilities. Dr. Mishraconcluded by saying that to makethese changes, political will isessential and it seems that, in India,there is little political will for prisonreforms!Courtesy: Prison Voice: November2010 ❑

Report:

India Not Shining For Women; Ranked 112/134 inGlobal Gender Gap Report

Here comes another report thatshames India. The World EconomicForum’s Global Gender Gap Report2010 says India’s position isabysmal. Out of 134 countriessurveyed, India is among the lowestranked countries at the 112thposition, with a score of 0.6155. Theindex ranks 134 economiesaccording to the size of the gapsbetween men and women. India (112)occupies one of the last places inthe regional rankings. India andPakistan perform above average onthe political empowerment of women,particularly India, but lag behind inthe other three categories ofeconomic participation, educationalattainment, and health.India has not been making muchimprovement over the years. In2006, it was ranked 98, but droppedto 114 in 2007, climbed to 113 in2008, dropped to 114 in 2009, andclimbed back to 112 in 2010. In otherwords, things haven’t been making

much headway despite having awoman as the President, and awoman leading the country’s mostpowerful political party.The persistent health, education andeconomic participation gaps will bedetrimental to India’s growth; Indiais the lowest ranked of the BRICeconomies featured in the Index.Over the next five years, theseeffects will be seen most clearly inChina and Russia, and to a lesserextent in Vietnam, Mexico, Brazil andIndonesia.Nordic countries Iceland (1), Norway(2), Finland (3) and Sweden (4)continue to demonstrate the greatestequality between men and women.Ireland (6), Switzerland (10), Spain(11), Germany (13) and the UnitedKingdom (15) are among theEuropean countries dominating thetop 20. Luxembourg (26) and Greece(58) made the biggest improvementsin closing their gender gaps, climbing37 and 27 spots respectively, owing

to gains in political and economicpar ticipation. The Philippinescontinues to set the example in Asia,ranking 9th overall because of astrong performance on all fourdimensions of the index: health andsurvival, educational attainment,economic participation andoppor tunity and politicalempowerment.In the Arab world, the United ArabEmirates (103) is the highest-rankingcountry, performing ahead of mostcountries in the region on educationand political empowermentindicators. It is followed by Kuwait(105), Tunisia (107) and Bahrain(110).The Global Gender Gap Report’sindex assesses 134 countries onhow well they divide resources andopportunities amongst male andfemale populations, regardless of theoverall levels of these resources.The report measures the size of thegender inequality gap in four areas:

PUCL BULLETIN, DECEMBER 2010 19

· Economic participation andopportunity – outcomes onsalaries, participation levels andaccess to high-skilledemployment.

· Educational attainment –outcomes on access to basic andhigher level education.

· Political empowerment –outcomes on representation indecision-making structures.Health and survival – outcomeson life expectancy and sex ratio.

Some hard facts:· Labour Participation and

Opportunity: Rank 128; score

Proposal to Put Indian Residents under Surveillance ForeverGopal Krishna

The National Identification Authorityof India Bill (NIAI), 2010 has beenintroduced in Parliament after theconstitution of the UniqueIdentification Authority of India(UIDAI) and appointment of NandanNilekani as its Chairman in the rankand status of a Cabinet Minister. TheBill introduced in Rajya SabhaonDecember 3, 2010 seeks toprovide statutory status to the UIDAIwhich has been functioning withoutbacking of law since January 2009.Prior to the introduction of the Billon 29 th September 2010, PrimeMinister Dr. Manmohan Singhdistributed Unique IdentificationNumbers (Aadhaar) among thevillagers of Tembhali village inNandurbar District of Maharashtra.“The Aadhaar number will ease thesedifficulties in identification, byproviding a nationally valid andverifiable single source of identityproof. The UIDAI will ensure theuniqueness of the Aadhaar numbersthrough the use of biometricattributes (Finger Prints and Iris)which will be linked to the number,”according to the Press Brief forNational launch of UniqueIdentification Numbers (Aadhaar)issued by UIDAI.It admitted that “India will be the firstcountry (in the world) to implementa biometric-based unique ID systemfor its residents on a national scale.”Neither the Prime Minister nor thePlanning Commission has takencognisance of abandonment of suchUID Number scheme in countries likethe US, Australia and now in the UK.In the UK, their Home Secretaryabandoned the project because itconsidered it `intrusive bullying’ bythe state, and that the governmentintended to be the `servant’ of thepeople, and not their `master’. In thelate 1990s, the Supreme Court ofPhilippines struck down thePresident’s Executive Order A.O 308which instituted a biometric basednational ID system calling it

unconstitutional on two grounds – theoverreach of the executive over thelegislative powers of the congressand invasion of privacy. The sameis applicable in India. The statementof concern issued by the eminentcitizens including former judges,jurists, educationists stated, “UIDAIhas been constituted on the basisof a GoI (Government of India)notification and there is afundamental risk to civil liberties”.It is claimed that the UID Numberwill “substantially improve theefficiency of the delivery systemsby ensuring that the leakages arereduced and the benefits reach theright people.” It also claims that“electronic transfers of benefits andentitlements can be enabled throughAadhaar-linked bank accounts of thebeneficiaries.”It is noteworthy that even before thepassage of the National IdentificationAuthority of India Bill from theparliament, the authority hasembarked upon:

· taking biometric and demographicdata of Indian residents· entering into MOUs withmultiplicity of institutions includingBanks, LIC, State governments toacts as Registrars,· setting a process by which a largeamount of data about theindividuals will be collected andaggregated on the files of theseRegistrars,· entering into contracts withcorporations predominantly fromthe technology and biometricindustry including those with closelinks with intelligence agencies inother countries: for instance,Accenture (which is working withUS Homeland Security in theirSmart Borders Project) and L1Identity Solutions (whose mainmarket, and recruitment ground, isthe Central Intelligence Agency) .Their website reads: “ Americanand foreign military services,defense and intelligence agencies

rely on L-1 solutions and servicesto help determine ally fromenemy”. The same US companywas hired for “Implementation ofBiometric Solution for UIDAI” from30 July 2010· another US company, AccentureServices Pvt. Ltd., has been hiredfor the “Implementation ofBiometric Solution for UIDAI”. Thiscompany is “committed to helpingthe (US) Department of HomelandSecurity”. Its “solutions includedeveloping prevention tactics,streamlining intelligence gatheringand maximizing new technologies.”

There is a convergence of all theresidents and institutions underwaythrough Project UID, a Silicon Valleyinitiative (dominated by InformationTechnology companies) passing offas “Planning Commission initiative”without consultation at district andpanchayat level and within thepolitical parties to create a centraldatabase of residents and generatea unique identification number (UID)for all such residents which isproposed to be “used as the basisfor identifying and authenticating aperson’s entitlement to governmentservices and benefits”. This initiativeis being steered by the Departmentof Information Technology (as theLine Ministry) through NationalInformatics Centre Services Inc. (NICSI )/ National Informatics Centre(NIC), as the technical solutionprovider and a consultant for “linkingof existing databases, as well asproviding for future additions, by theuser agencies.” This entails trackingand profiling residents electronicallythrough some 53 departments of theGovernment of India, 35 State/UTSecretariats and 603 Districtcollectorates. NIC was formed in1975. While UIDAI has beenmisleading the citizens and themedia about the UID Numberscheme being voluntary, the ‘LegalFramework For Mandatory ElectronicDelivery of Services’ of Union

0.403; global average 0.590Educational Attainment: Rank120; score 0.837; global average0.929 Health and Survival: Rank132; score 0.931; global average0.955 Political Empowerment:Rank 23; score 0.291; globalaverage 0.179

Courtesy: Liberation News Service ❑

PUCL BULLETIN, DECEMBER 2010 20

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PUCL BULLETINChief Editor : Pushkar RajEditor : Mahi Pal SinghEditorial Board : Rajni Kothari,Rajindar Sachar, R.B. Mehrotra, R.M. PalChief Editor, Editor.Assistance : Babita Garg

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Ministry of Communication andInformation Technology, refers to“UIDAI – UID based authenticationfor services” as an enabler, thusmaking it compulsory.This proposed NIAI Bill must belooked at along with other Bills in theoffing such as Draft Land Titling Bill,2010, Draft Paper on Privacy Bill,2010, Draft DNA Profiling Act, 2007and Public Information Infrastructureand Innovations (PIII) for a NationalKnowledge Network. Besides thisNational Intelligence Grid (Natgrid),meant to integrate existing 21databases with Central and stategovernment agencies and otherorganisations, and NationalPopulation Register (which is quitedifferent from Census) will end upundertaking surveillance,reconnaissance and targeting ofIndian residents.Sam Pitroda’s PIII reveals the plotemphasizing digital network toprocess all kinds of information atall levels saying, “For government,PII is very important to first identifyall beneficiaries, essentially people.We also at the same time need toidentify all our physical assets allover the country, like primaryschools, railway stations, hospitals.Then we also need to tag all ourprogrames-and government typicallywould have hundreds of programs forpublic delivery systems. Once youtag people, places, and programs,then it is easier to really organiseinformation for delivering publicservices. Hopefully, with new focuson PIII, where we could essentiallytag people, tag places, tag programs,we will be able to structure deliverysystems to get lot better productivity,efficiency, reduced cost. The startingpoint for this nationwide network offiber optics, wireless systems toconnect 2, 50, 000 Panchayats allover the country especially in ruralareas where ultimately informationdata gathering would begin. This iswhere beneficiaries are.” All thisinformation will be in the hands of afew ‘trustworthy’ people in thegovernment and few selectcompanies. Such a situation isfraught with both unintended andintended consequences impactingmonetary and non-monetary aspectsof citizens’ life.Notably, the Land Titling Bill makesa provision for “Unique propertyidentification number”, linking UIDNumber with property.Admittedly, the Draft Privacy Bill

states, “There is no data protectionstatute in the country.” On UIDNumber, the Draft Paper on PrivacyBill states, “Data privacy and theneed to protect personal informationis almost never a concern when datais stored in a decentralized manner.Data that is maintained in silos islargely useless outside that silo andconsequently has a low likelihood ofcausing any damage. However, allthis is likely to change with theimplementation of the UID Project.One of the inevitable consequencesof the UID Project will be that theUID Number will unify multipledatabases. As more and moreagencies of the government sign onto the UID Project, the UID Numberwill become the common thread thatlinks all those databases together.Over time, private enterprise couldalso adopt the UID Number as anidentifier for the purposes of thedelivery of their services or even forenrolment as a customer.”Quite menacingly, the Draft Paper onPrivacy Bill asserts, “Once thishappens, the separation of data thatcurrently exists between multipledatabases will vanish.” This poses athreat to the identity of citizens andthe idea of residents of the state asprivate persons will be foreverabandoned.UIDAI started working in the monthof August 2009 to deliver UniqueIdentification Numbers (Aadhaar) toevery resident in the country and toestablish a cost-effective, ubiquitousauthentication infrastructure to easilyverify these identities online and inreal-time. The UIDAI has been setup unmindful of grave concernsexpressed in the government’s ownDraft Paper on Privacy Bill, and NIAIBill appears to be meant to justifyUIDAI’S acts of omission andcommission. The NIAI Bill and itscritique both in Hindi and English willbe released shortly.Meanwhile, UIDAI has also hired apublic relations agency with anobjective to “Provide consistent flowof information across all mediumsto create the right perception of UIDAIand Aadhaar throughout the country”;one such agency has created astalemate in the Parliament. This isan attempt to convert a resident intoa number, Indian population into amarket and then citizens in tosubjects.Courtesy: Countercurrents.orgThe writer is a member, CitizensForum for Civil Liberties