Tag Archive for custodial torture

Human Rights Abuse in India: An Unholy War on its People

Medha Patkar

Human rights activists in India are deeply concerned about the shrinking democratic spaces with allegations of police/security forces intimidation, arbitrary arrest, imprisonment, and torture multiplying for the past several years

By Ramlath Kavil

On the human rights and civil rights front, things have been going wrong in the most populous democracy of the world for quite some time. Human rights organizations including Amnesty International and Human Rights Watch have been accusing the Indian State of blatant rights abuses. In May 2012, the Government of India itself declared in its Parliament that human rights violations in the country have increased by over 13,000 in the last three years and in 2011 alone some 94,630 such violations were reported.

The government stands accused in several cases of human rights violations in various courts of the country. The UN Human Rights Council’s Universal Periodic Review, May 2012, made 169 recommendations to India regarding human rights issues, which included the ratification of the UN Convention Against Torture and the UN Convention on Enforced Disappearances. India’s Attorney General who led the government delegation in Geneva, chose to play down the recommendations by saying, “India has the ability to self-correct.”

The  Unlawful Activities Prevention Act,1967 ( UAPA)  which entitles the police to arrest anybody without warrant on mere suspicion and its 2008 Amendment which allows the authorities to detain the accused upto 180 days of pre charge detention,  has also come under severe criticism. It may be recalled, a widely respected pediatrician and rights activist Dr. Binayak Sen was arrested in 2007 under this act, which prompted several international organizations and individuals including Noam Chomsky to come down heavily on the Indian Government. Dr. Sen was granted bail by the Supreme Court in April 2011.

The arrests and imprisonment of the tribal woman Soni Sori ,civil rights activist Seema Azad and now a young political cartoonist Aseem Trivedi offer yet another glimpse to how one of the fastest growing economies in the world is callous when it comes to checking its human rights record.

Soni Sori

Soni Sori, named by Amnesty International as a prisoner of conscience, hails from Chhattisgarh, one of India’s poorest regions where the banned radical left group Maoist (Naxalite) is said to wield considerable clout. Thousands of families have been caught between a deadly war fought by the State and the Maoists, both accused of violent tactics. Soni Sori’s family happened be one of them. According to rights activists, she and her family landed on the wrong side of both the Maoists and the state police, as they refused to operate as informers to either of them.

A warden in a state run girls hostel, Soni Sori’s ordeal with the law began in 2009 when the Chhattisgarh police arrested her 26-year-old nephew, a local journalist, Lingaram Kodopi. Sori and her family had claimed that the young journalist was arrested for speaking up against atrocities of Chhattisgarh police and the exploitations of the tribal people.

On September 9th 2011, Chhattisgarh’s Dantewada police charged Soni Sori, and her nephew Lingaram Kodopi of being ‘Naxalite accomplices’. Subsequently, both Kodopi and Sori were arrested.  The police accused them of being a conduit for extortion between the mining company Essar and the Maoist.  Both Sori and Essar have denied the allegation.

After two days in custodial interrogation, when Sori had to be produced in front of the Dantewada Magistrate on the 10th October 2011, the 37-year-old was so weak that she could not even get down from the police van.  A court clerk came to the police van, and the court passed an order without seeing her.

Soni Sori wrote to her lawyer about the brutal torture she was subjected to in custody at the orders of the then District Police Superintendent Ankit Garg, the controversial cop who won President’s gallantry award early this year.

Subsequently, the Supreme Court ordered an Independent medical examination to be conducted at NRS Medical College Hospital in Kolkatta. The report, presented in Court on 25th Nov, 2011 states three stones were found inserted deep inside Sori’s private parts and the MRI scan also showed annular tears on her spine.

Ever since the evidence of Sori’s custodial torture surfaced, women’s rights and human rights activists have been campaigning for her release and for an independent probe into the alleged custodial torture, including sexual violence. On March 8th International women’s day Amnesty International launched a campaign to release Soni Sori. As the Supreme Court is yet to decide on the petition for squashing the cases filed against her by the Chhattisgarh government, Soni Sori, the mother of three, is currently lodged in Raipur central Jail.

Seema Azad

The conviction of Seema Azad in June this year, a 36-year-old human rights activist and the Editor of a bi-monthly magazine adds another chapter to the country’s ongoing chronicle of silencing of dissent. Azad and her husband Vijay were arrested in early 2010 by the Uttar Pradesh Police and were accused of being members of the

From left to right- Soni Sori, Seema Azad and Aseem Trivedi

banned Communist Party of India (Maoist) and possessing banned Maoist literature. They were charged under various sections of IPC and also under the notorious Unlawful Activities (Prevention) Act. At the time of the arrest, Seema Azad was the State Secretary of People’s Union of Civil Liberties (PUCL), a national network of human rights activists.

After 2 years of trial on June 8th, 2012, the activist couple were convicted and sentenced to life imprisonment by an Allahabad Court. Human rights organizations severely criticized the conviction alleging that Azad and her husband were victimized for speaking on behalf of mining workers and farmers in the region. PUCL called the conviction of the couple for terrorism, unlawful activities, sedition and waging war against the state “a glaring travesty of justice,”, The same court, however, on August 6th granted bail to the couple.

Aseem Trivedi

Aseem Trivedi, an award winning political cartoonist was arrested in Mumbai on 8th September 2012 for sedition under section 129 A of Indian Penal code. He was also charged under the IT Act and the 1971 National Emblem Act. Trivedi is arrested for drawing Parliament as a commode and showing the national emblem with bloodthirsty wolves instead of lions. Trivedi, well known for his series of anti corruption cartoons, launched Cartoon Against Corruption, a website in order to support the anti corruption movement in India in 2011. However, within 24 hours of its launch, the Mumbai Crime Branch blocked its content. Later in 2012 Trivedi started, Save Your Voice, a movement against internet censorship in the country.  Trivedi has been sent to police custody till September 16.

“Such cases show that civil and human rights in India are in a moment of profound crisis. Many of these arrests and violations have deep connections to the growing corporatization of India’s mineral-rich land and resources.  This expanded development has displaced many hill and village populations and polluted many of their habitats” says Lena Ganesh, a Delhi-based gender and human rights activist.

Since 2005 many big corporations like Mittal, Jindal, Posco, Vedanta etc have signed MOUs for mining activities in the mineral rich Indian states of Orissa, Chhattisgarh, Jharkand etc. These regions have also witnessed extreme opposition from locals against corporatization of the forest land. The Indian government argues that “the rise of extreme leftist outfits in the regions rich in minerals has badly affected investments.” However, rights activists feel the unrest among the locals in these regions is widespread and independent of ‘insurgents’. By attributing the disaffection to ‘motivated parties’, the government and the corporations are walking a tight-rope over a political mine field.

The fact is, as the number of human rights violations grows, the dissent also grows.  In a country where one third of the world’s poor live, silencing the voice of the distress is an absolute impossibility. Threats of arrest and imprisonment would only alienate the vast majority of its 1.2 billion population. Let us not forget, it is the country that gave birth to one of the greatest non violent political movements, a movement that taught the British Empire that no Kingdom can rise above its people’s civil liberties.

Featured photo courtesy: PTI

Soni Sori Case: Brutal Treatment Continues

soni sori AIMS

Soni Sori denied food, water and medicines for 24 hours on her way back to Raipur Jail from AIIMS, Delhi

By Team FI

Human rights activists have accused the Chhattisgarh Government of denying Soni Sori food, water and medicines immediately after her discharge from the All India Institute of Medical Sciences at New Delhi. After being treated at AIIMS after months of ill-treatment and improper medical treatment by the Chhattisgarh Government, Soni Sori was sent back to the Raipur Jail.

Soni Sori’s counsel, Mr. Colin Gonsalves had expressed his concern to the Chhattisgarh Government counsel, Mr. Atul Jha about no travel arrangements being made for her return to Chhattisgarh, to which Mr Jha assured Mr Gonsalves that every necessary precaution would be taken including, if need be, return to Raipur by flight. But despite these assurances, Soni Sori was taken to Raipur by train, in a crowded unreserved compartment. In scorching summer heat, she was made to stand for most of the 24 hour long train journey from Delhi to Raipur, despite her fragile health condition. With daytime temperatures touching 45 degrees Celsius, she was denied water, kept without food for the whole day and not even given the medicines prescribed to her by the doctors at AIIMS.

Soni Sori was brought to the AIIMS on May 10th at the behest of the Supreme Court which ordered immediate and urgent treatment to be provided to her. She was suffering from the  wounds inflicted on her during the sexual torture meted out to her in October, 2011 under police custody, which had been allowed to fester untreated in the jail. Consequently, she had grave secondary medical conditions, such as intermittent anal and vaginal bleeding, blisters on skin, difficulty in walking etc. at the time when she was brought to AIIMS.  Over the 5 weeks of her treatment in AIIMS, she seemed to have recovered significantly, due to regular and expert medical care provided to her.

According to activists it was sheer and deliberate negligence on part of the Chhattisgarh Government that led to such deterioration in Soni Sori’s health in the first place, that the Supreme Court had to order immediate medical intervention by AIIMS. The manner in which Soni Sori is being treated after her discharge from AIIMS once again raises serious concerns about the intention of the Chhattisgarh government in ensuring her health and safety.

“It is time for state violence against her to end,” urged activists who have asked the  Chhattisgarh Government to diligently follow the recommendations of AIIMS about rest, diet and medicines so that Soni Sori makes full recovery. They pointed out that the Indian Constitution guarantees under-trial prisoners basic human rights – Soni Sori rights need to be acknowledged.

It should be recalled that Soni Sori, an adivasi school teacher, had been subjected to brutal physical torture and sexual violence during her custody in the Dantewada police station on the night between 8th and 9th October, 2011.  Her torture had been confirmed by an independent medical examination conducted by the NRS Medical College and Hospital in Kolkata, during which stones lodged deep in her private parts had been recovered.

However, the medication prescribed by the NRS hospital had been discontinued by the jail authorities in Raipur Jail soon after her discharge, and Soni Sori had been denied any regular medical attention since the examination conducted by the NRS Hospital in October 2011.  In the absence of regular medical care and attention, Ms. Sori’s condition had steadily worsened, prompting the Supreme Court in June 2012 to order her to be brought to AIIMS in New Delhi for immediate medical treatment.