Tuesday, May 24, 2011

[ZESTCaste] Letters to the Editor sent to WEEK, THE - Poverty debates and NAC revisited by Ranjani Kamala Murthy

 

http://www.publishaletter.com/readletter.jsp?plid=28023

Dear Editor:

As news of National Advisory committee members critique that Rs 20 per day (urban areas) and Rs 15 per day (rural areas) per capita is not enough rightly hits the headlines and Supreme court backing them, it is time to visit poverty line debates and underpinning strategies (www.hindustantimes.com/NAC-members...poverty.../Article1-701079.asp), and deepen this useful critique. 

UN statistics shows that 42% of India lives below $1 PPP, poorest quintile share in national consumption is a mere 8% , 48% of children under 5 are severely or moderately underweight in 2005 (latest year for which stats are available-http://unstats.un.org/unsd/mdg/Data.aspx). Yes re-looking at poverty line is necessary, keeping in mind that the poor should get basic services- food, nutrition, child care, education- of same quality as rich. Any differential access has to stop.  

In addition, it has to be kept in mind that specific barriers exist for POOR dalit, (whatever religion), adivasi, women, Muslims, women headed households, slum dwellers, migrant laborers,  domestic and other unorganised workers,  differently abled, people of diverse sexual and gender identities etc to access basic needs and be free of discrimination. For them not only poverty line needs to be higher, but issues of discrimination need to be addressed.  

Further, 51.4% of employed people are living below $1 per day (http://unstats.un.org/unsd/mdg/Data.aspx).  MNREGS and SGSY (self employment) and SGSRY (SGSY equivalent in urban areas) even if well implemented and without discrimination are not going to solve the problems, unless adequate agriculture land, forest and, coast  is left for sustainable livelihood  and food/nutritional security, destructive development projects are stopped, MREGS is linked to provision for land for above groups (and land reform is implemented) and there is an income/asset ceiling till poverty and malnutrition is eliminated. PDS should distribute not only rice, wheat and pulses, but also ragi, barely, bajra, maize and millets, which are more nutritious and will support dry land agriculture. Majority of India is under dry land agriculture  

With due respect to existing NAC members,    
HALF OF THE NATIONAL ADVISORY COMMITTEE MEMBERS SHOULD BE PEOPLE FROM MARGINALISED GROUPS LISTED ABOVE, BUT BELOW THE POVERTY LINE. They may be less "educated" and air a few "non politically correct views" (example, how will I marry my daughter) but they are also wise. For over the last one year listening to them and people who work closely with them  I have corrected my views.

ranjani

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[ZESTCaste] amma, amma, amma

 

Dear all


Waiting to see what Jayalitha delivers apart from gold for dowry, promoting marriages through marriage assistance and promoting women's pregnancy. 

will she deliver  on justice???  

ranjani

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[ZESTCaste] revisiting HDI index

 

Dear All 

alteast at SAARC and Indian level we need to push for reworking on  indicators bycaste and other aspects of diversity. i have done it at global.. 

i have not parroted caste everywhere, except once.. but it is central. 

I frankly do not think it will be accepted

ranjani

____________________________________________________________
http://www.economist.com/debate/days/view/699/showCommentModule:1

Please join this debate on economist 

Dear Madam/Sir

It is nice that majority feel that new indices for economic and social progress are required.
If Human Development Index- used by UN system has to be reworked on- and neither is GNP per capita adequate, what could be the alternative

If we could think of indicators of "ends" (what we finally want) and "means" (means of getting there) it would be good (Kabeer and Murthy, 1996*). Some random thoughts on this

Ends:

- % malnourished across class, caste, race, sex, age, migrant/non migrant, rural/urban, slums/non slums, sexual and gender identity, different abilities etc
- healthy life expectancy (life expectancy is in adequate)- again across diversity
- education attainment (not enrolment) and actual ability to read, write etc across above aspects of diversity
- % reporting able to sleep without worry across above aspects of diversity
- % reporting freedom from violence across various aspects of diversity
- % holding justice related values on different aspects of diversity

Means

- per capita productive asset base of the country- land, forest, oceans, water, minerals etc. and indicators of diversification of productive assets on which the economy is dependent.
- indicators of distribution of diversified productive assets across various aspects of diversity
- productivity indicators of assets and labour power in different sectors. Predictions for now and future.
- indicators of what people can exchange produce and labour power for (PPP) in terms of income/prices/wages etc across diversity
- workers stake in production (can we have some indicator on this) across diversity
- equity in access to health, education, child care, water, housing etc. in terms of access, quality, waiting time, costs etc across diversity
- education to employment conversion ratio across diversity
- equity in work load sharing between women and men and across other aspects of diversity
- equity in access to holidays across different aspects of diversity

Already HDI has attempted class and gender adjustment, but not the others.



with kind regards

Ranjani Kamala Murthy

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[ZESTCaste] Dalits allege discrimination

 

http://www.hindu.com/2011/05/24/stories/2011052452410300.htm

Tamil Nadu - Madurai

Dalits allege discrimination

Staff Reporter

MADURAI: Dalits of Karadipatti near Tirupparankundram in Madurai have
alleged that they are not allowed to use the common water tank in the
village cemetery and, if used, they are subjected to verbal abuse and
discrimination.

Jeyaneedhi, Charanraj, Virumaandi of Ambedkar Street in Karadipatti
submitted a petition to the Collector here on Monday on the alleged
practices of discrimination against them by caste Hindus in the
village.

One of the alleged victims, Jayaneedhi, said that there were two
cemeteries in the village for caste Hindus and Dalits respectively.
But there was only one water tank located near the cemetery of the
caste Hindus and whenever the Dalits tried to use it they were either
prevented or abused.

On May 19, three Dalit youngsters, who went to take bath, were
intercepted by a group of caste Hindus stating that the tank was meant
for them and not for Dalits. However, the Dalit youth defied them and
took bath. But they were repeatedly abused for two days.

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[ZESTCaste] 'Dalits Won't Benefit by Embracing Buddhism' - Pejavar Swamiji

 

http://mangalorean.com/news.php?newstype=broadcast&broadcastid=240456

Udupi: 'Dalits Won't Benefit by Embracing Buddhism' - Pejavar Swamiji

Team Mangalorean

Posted at 9-00 am

Udupi, May 24: Reacting to a report that about 2,000 Dalits were
planning to embrace Buddhism in the city on May 24, Shri Vishwesha
Tirtha Swamiji of Pejavar Math has said that it was better for them to
receive Bhakti Deeksha or Vaishnav Deeksha.

In a media release, the Swamiji has said that he was prepared to give
them these Deekshas if they so desired, instead of embracing Buddhism.
However, he said that embracing Buddhism was far better an option than
converting to Islam or Christianity.

He also said that attempts were being made to convert Dalits to
Buddhism for decades. But Buddhism had been a part of Hindu faith. By
accepting Buddhism, the Dalits would not benefit in terms of
untouchability and their status would not change in any way, he added.

He also cautioned the Dalits that embracing Buddhism would mean
shunning and shedding of the tenets of god, daivas, devis, boota
worship and the like. The Dalit culture, which has descended by
tradition, would totally perish, he further said.

Dalits interested in receiving such Deeksha can contact the manager,
Shri Vijayadhwaj Mandir, Shri Pejavar Math, Udupi, the communication
has said.

Read earlier report:

Udupi: 2,000 Dalits to Embrace Buddhism at Convention on May 24
http://www.mangalorean.com/news.php?newstype=local&newsid=239772

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[ZESTCaste] Reservation Road

http://www.expressindia.com/latest-news/reservation-road/794504/

Reservation Road
PriyankaPereira Posted: May 23, 2011 at 0303 hrs
After the success of Raajneeti, filmmaker Prakash Jha went on to his
next venture Aarakshan, which focuses on caste-based reservations. In
a conversation with Priyanka Pereira, Jha clears the air about his
fallout with Devgn, and talks about working for the first time with
Amitabh Bachchan

While Raajneeti came five years after Apaharan, Aarakshan has been
completed within a year. Was it an effort on your part to up the
momentum?

Raajneeti required a lot of pre-production and I was also involved
with a lot more activities in my home state, Bihar. Now, I have more
or less wound up everything else and am doing films without any
disturbance. Also Aarakshan was an easier film to shoot, but it is a
better film than Raajneeti. It has a more focussed story. Did the
Supreme Court ruling on reservation for OBCs in educational
institutions add more substance to the script?

The subject of Aarakshan is inherent to Indian society. We live in a
caste-based society where even education is affected by the caste
system. The SC ruling definitely forms a turning point in the film.
The divisions had been simmering even before the ruling. The SC stamp
is only a reality every section of society has to accept. But it does
not end here. Everyday you hear more people, like the Gujjars and the
Muslims demanding reservation.

It is rather human to take sides when it comes to issues like these.
Was it difficult keeping a neutral stance?

Who am I to take sides? This is just a way to let out the feelings
that society has been suppressing for years. The pain is on all sides.
I have tried to understand the reality of it.

Is it true that a Dalit group protested against Saif Ali Khan, a Nawab
portraying a Dalit's role?

They sent a letter to my Patna office. It could have been just some
mischief as there was no address on the envelope. Hence, I cannot even
reply to them. If they think a Nawab playing Dalit is discrimination,
then somebody could raise their voice against a Dalit writing our
Constitution. Their fears are unfounded here.

When Aarakshan was being scripted, Ajay Devgn was roped in to play the
lead. Have things changed between you two since then?

Ajay would have definitely been there. But as I finalised the script,
I realised that casting him would be too typical. I needed a newer
face who would create a convincing persona. The film happened
hurriedly because I got Amitabh Bachchan's dates and Ajay was already
occupied with two other films. As luck would have it, Saif stepped in
and he has done an honest job.

Did the alleged fallout between the two of you post Raajneeti, fuel
this decision?

Not at all. Everything is absolutely fine between us. People just
assume that we are not okay with each other.

You are working for the first time with Amitabh Bachchan. Was he a
natural choice for the role of a principal?

He was the only choice. We needed an aged, towering and dignified
personality to play the role of a principal and he fit in.

What is the next issue you are planning to base your film?

It's strange but the whole concept of development — India surging
ahead — beats me. I fail to understand who really is surging ahead. If
development has to happen at the cost of 80-85 per cent of the
population not benefiting by it, then is it really worth it?


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[ZESTCaste] Dalit student suicide

http://www.globalpost.com/dispatch/news/regions/asia-pacific/india/110523/india-education-dalit-student-suicide

India education: Dalit student suicide

Caste-discrimination is undermining India's efforts to uplift the
oppressed through quotas in higher education.
Jason OverdorfMay 24, 2011 06:05

India dalit suicides02011 05 22

NEW DELHI, India — Jaspreet Singh, a young student from a caste once
considered "untouchable" by other Hindus, was in his last year of
medical school when his life began to fall apart.

A talented student, and his family's brightest hope for clawing their
way into the middle class, he was stunned to find that he had failed
community medicine, one of his easiest subjects. But he was even more
devastated by the alleged reason: His professor was determined to
flunk him because of his caste.

Like most students from the Dalit castes, Singh had suffered the sly
digs and subtle slights of his classmates in silence for years at the
Goverment Medical College (Chandigarh). His professor's alleged claim
that he would never allow Singh to get there was the last straw.

Singh hung himself from the ceiling fan in the bathroom in the college
library, writing in his suicide note that he could no longer bear the
insults and discrimination he'd endured from two fellow students and
his community medicine professor, Dr. N.K. Goel. (All three have been
charged with abetting Singh's suicide, which is a crime under the
Indian penal code, but no ruling has been issued and the accused
maintain that they are innocent).

"The college says he couldn't cope with the coursework, but he did
fine in all his other subjects," said Jaspreet's sister, Balwinder
Kaur. "In surgery he got 80 percent marks."
Watch an interview with Singh's family:


Sadly, cases like Jaspreet's are all too common, according to the
Insight Foundation, a group of young Dalits who are working to
eliminate discrimination in India's higher education system.

No official effort has been made to determine how many of the more
than 16,000 school and college students who have killed themselves
over the past four years hail from India's historically oppressed
castes, and only one study, covering only the All India Institute of
Medical Sciences, has investigated discrimination on campus.

But the Insight Foundation believes that a disproportionate number of
the students committing suicides are Dalits, and its members allege
that caste discrimination, a dirty secret, is ubiquitous at India's
top universities — even as the government works to expand access to
higher education with quotas, or reservations, for historically
oppressed groups.

"The problem which we face in elite institutions is much worse," said
Anoop Kumar, the Insight Foundation's national coordinator, and a
Dalit himself. "These elite institutions are considered to be very
prestigious, and the Dalit students who enter there are thought to be
intruding into that space through reservations — they don't deserve to
be there, this is such a competitive place, this is such a meritorious
place, and these guys have come through quota. So the hatred and
hostility is much more."
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It just might be possible that hostility marks an inflexion point for
Indian society not unlike white America's reaction to the
desegregation of schools in the 1960s.

To break the stranglehold of caste — which has endured for thousands
of years, defeating the efforts of religious reformers, missionaries
and civil rights activists — India made the persecution or segregation
of the erstwhile untouchables illegal and introduced a quota system
that reserved 22.5 percent of university placements and government
jobs for the so-called "Scheduled Castes and Schedule Tribes" in the
1950s.

But in recent years, since the rise of caste-based political parties
in the 1990s has begun to ensure those reservations are enforced, and
other laboring castes have won their own job and education quotas, the
shakeup in the social order has resulted in a backlash from among high
caste Indians. At the All India Institute for Medical Sciences
(AIIMS), for instance, where there are 50 Dalit students, hundreds of
doctors staged protests and hunger strikes against the expansion of
the quota system to reserve an additional 27 percent of placements for
students from the laboring castes known legally as the "other backward
classes," or OBCs.

Their argument: reserving half or more of the seats in India's limited
universities has made it nearly impossible for high-caste students to
win a place, and the quotas are eroding the high standards that have
earned the Indian Institutes of Technology, Indian Institutes of
Management and AIIMS an international reputation for producing leaders
like Indra Nooyi, the chief executive of Pepsi, and Vinod Khosla,
co-founder of Sun Microsystems, among thousands of others.

That was the environment that another Dalit suicide victim, Balmukund
Bharti, confronted when he won a place at AIIMS through the quota
system in 2006.

Persecution forced Bharti to move out of his dorm room to bunk with
other Dalit students. His professors and classmates allegedly marked
him out as a "quota student" at every turn. And one of his instructors
allegedly told him flat out, "You are not worthy of becoming a
doctor," according to his parents, who also say that AIIMS never
notified them after their son's first, unsuccessful, suicide attempt.
(AIIMS did not respond to an interview request or questions sent by
email).

"Suicide is just an indicator of the malaise that is there," said
Kumar of the Insight Foundation, which has documented nearly 20 cases
of discrimination-related suicides by Dalit students, and posted video
testimonies from their parents and relatives on Youtube and various
web portals.

View Part II of Balmukund Bharti's story.

Kumar cites the high drop out rate among Dalit students, the dearth of
Dalit faculty, and the large number of unfilled quota seats as
evidence that the whole education system is shot through with
caste-discrimination.

Indeed, while in every other instance institutions and individuals
alike cultivate a disingenuous, willful blindness to caste — refusing
to compare the performance of low-caste students on anonymous tests to
their performance in one-on-one evaluations, for instance — your caste
is the very first thing that the university learns about you on the
first day of class, Kumar says.

On his own first day at university in Uttar Pradesh, a professor asked
each student to stand up and tell everyone his name, his hometown, and
his rank on the standardized test that governs college admissions,
which meant that he had to announce to the entire assembly that he had
gained entry through the quota system, and therefore that he was a
Dalit.

The Bahujan Samaj Party's Kumari Mayawati had just become the first
Dalit chief minister of the state, and the professor concluded with a
message for all the quota students. You had better study hard, he
said, because Mayawati won't be marking your exams.

"From the first day, they identify you as a reserved category student,
or a quota student, and hence, they believe you are inherently weak,"
Kumar said. "At the same time, they're telling you that you can't
approach them for help."


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[ZESTCaste] Social change at grassroots

http://www.deccanherald.com/content/163582/social-change-grassroots.html

Tuesday 24 May 2011

Social change at grassroots
NGO

Sanchaya Nele, an Anekal-based NGO, works towards integrating
marginalised communities into the mainstream and creating awareness on
their social entitlements such as ration cards, land titles and
scholarships, writes Pushpa Achanta

In the spotlight: Sanchaya Nele highlights gender and caste issues
through theatre performances. Sanchaya Nele is an NGO based in Anekal
taluk of Bangalore urban district that goes beyond merely helping
marginalised communities like Dalits, adivasis and minorities in daily
survival. It creates awareness on fundamental rights and guides
residents of the village in securing social entitlements like ration
cards, land titles, pension, scholarships and opposing discrimination.
Further, it exposes typically excluded groups to the functioning of
local governance structures and pertinent legislations. Sanchaya Nele
also grooms women and youth from financially backward Dalit families
to become community and government leaders.

The beginnings

Dalits constitute around 60 per cent of the population in Anekal
taluk. However, they are regularly subjected to abuse. Also, most
Dalits there lack education and many of them are bonded labourers
making assertion of rights more difficult. Adivasis and other
minorities are equally or more marginalised. Women of all communities
additionally encounter gender violence and discrimination, within the
family and outside.

"In spite of the above situation, neither the government nor any local
social welfare organisation, defended the civil liberties of various
marginalised people effectively," points out Yashodha P, Sanchaya
Nele's young co-founder and director. Consequently, she and other
youth active in various national social justice movements, created
Sanchaya Nele in 2004.

They started reaching out to traditionally excluded individuals and
groups in 32 villages in Sarjapura hobli in Anekal taluk. In each
village, the organisation's representatives initiated weekly meetings
with people from affected communities. There, the participants were
encouraged to highlight their main problems. During these discussions,
rural residents complained of a lack of access to basic amenities such
as water, electricity, sanitation and roads. In some cases, the
villages did not have these facilities. In others, people from
dominant castes were preventing Dalits from utilising common public
infrastructure. Further, many Dalits and adivasis in Anekal either did
not have family ration cards, voter identification, caste certificates
or were unaware of how to obtain these documents. Additionally, some
did not know the various schemes with regard to land, jobs, pensions
and scholarships which the government had introduced specifically for
Scheduled Castes (SC) and Scheduled Tribes (ST), the official term
used to refer to Dalits and adivasis. But the villagers in the taluk
had no drive or courage to persuade the government to ensure that they
received their basic entitlements.

Activities and successes

"It was evident that most of the Dalits and adivasis in Anekal taluk
accepted their status quo. Generations of our community have undergone
severe oppression and segregation. But only some of us are willing to
speak out against it and attempt to change the scenario," said Gopi, a
Dalit youth who has worked with Sanchaya Nele for four years.

Other staff members like Savitramma and Ambika, and volunteers of the
organisation are also from such communities. Through regular meetings,
they built up collectives of 20-30 women and youth in more than 100
villages across the taluk including other hoblis namely Jigani, Kasaba
and Athibele. Detailed consultations with the affected communities in
the village and area-level meetings showed that awareness programmes
on the relevant welfare schemes were essential. Also, village
residents needed assistance in completing and submitting the requisite
application forms and reminding the relevant government agencies at
the taluk and district level.

Through repeated knowledge sharing sessions and practical experiences,
Dalits and other marginalised people in Anekal are now able to avail
their benefits.

Around a 1,000 senior citizens, five hundred widows and disabled
persons have started getting their monthly pension successfully. Poor
women are receiving government loans for buying cows or are being
granted land for housing and livelihood. The few Dalit and adivasi
families with small lands and necessary records are securing formal
land titles although this is cumbersome. Those with dry land have
learnt about the provision for free borewells under the Ganga Kalyana
Yojana. About 20 villages in the taluk have obtained government grants
for construction of houses through the Ashraya Yojane, public toilets
and electricity under the Bhagyajyothi scheme. Economically backward
residents have secured baby care kits for newborns, maternity benefit
for neo-natals and Bhagyalakshmi scheme for girls among other
entitlements although the implementation of the last is not
streamlined.

Through street theatre campaigns in village squares, Sanchaya Nele
highlights the importance of educating children, especially girls, and
the drawbacks of early marriage.

The organisation also encourages small savings through women's
sanghas. Further, the NGO urges marginalised communities to monitor
the functioning of government schools, primary health centres and fair
price shops and report discrepancies. Gradually, the Dalits and
adivasis of Anekal are uniting with Sanchaya Nele staff and volunteers
to demand reliable public services.

Trained in laws

Sanchaya Nele trains its staff and volunteers on the SC/ST Act, RTI
Act, MGNREGA, Protection of Women from Domestic Violence Act and rural
governance set-ups. Village collectives also learn to provide
immediate medical aid and temporary shelter to domestic violence
victims and counsel their families, particularly men. The
organisation's staff provide legal assistance through experienced
professionals. Being familiar with the legislations, they pressurise
the district or state administration (as applicable) to obtain
compensation and justice for the survivors of caste or gender
atrocities.

"Two financially challenged Dalit women from Anekal taluk won the 2010
Karnataka Gram Panchayat elections with the backing of the
marginalised communities and outside support from Sanchaya Nele. They
have demonstrated that many more are joining our relentless struggle,"
Yashodha sums up.


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[ZESTCaste] Dalits not allowed to use village tank

 

http://ibnlive.in.com/news/dalits-not-allowed-to-use-village-tank/153963-60-118.html

Dalits not allowed to use village tank
indianexpress Express News Service , The New Indian Express
Posted on May 24, 2011 at 02:30am IST

MADURAI: Caste discrimination has reared its ugly head again in the
district, this time in a remote village.

Three youth — Jeyaneethi, Kasirajan and Parameswaran — from Ambedkar
Street in Karadipatti near Madurai - alleged that the Caste Hindus
prevented Dalits from making use of a water tank in the village. The
trio had taken bath in a tank adjacent to a cremation shed for
non-Dalits in the village on May 19.

According to Jeyaneethi, there are two cremation sheds — one for
Dalits and the other for caste Hindus. However, there was a borewell
only at the cremation shed meant for Caste Hindus. It has become a
practice for a few members of Caste Hindus to object whenever Dalits
used the water tank.

On that day, four people from the dominant community came and informed
the youth that the tank was not meant for Dalits. But, the youth
continued to take bath. The next day, Saranraj and Virumandi from the
Dalit community, had gone to the same tank to take bath.

Irked by this, a group from the dominant community came to spot and
abused them using their caste name.� However, the Dalits did not
retaliate, but took up the issue with the panchayat president
Karadiappan, who held talks with Caste Hindus. But they refused to
heed the panchayat chief and ordered that none should run the motor
without their consent, thus preventing the Dalits from using the tank.

The youth came to the Collectorate on Monday and petitioned the Collector.

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[ZESTCaste] Villagers’ agitation: SC/ST vice-chairman in city

http://timesofindia.indiatimes.com/city/ludhiana/Villagers-agitation-SC/ST-vice-chairman-in-city/articleshow/8534710.cms

Villagers' agitation: SC/ST vice-chairman in city
Dinesh K. Sharma, TNN | May 23, 2011, 06.08pm IST

FEROZEPUR: Dr. Raj Kumar Verka, Vice-Chairman of the National SC/ST
Commission visited Ferozepur today to analyse the reported cases of
beating up of tillers.

Several tillers, including women received injuries when police
resorted to lathi charge and firing to disperse the mob. They were
protesting against the land sharks who wanted to takeover hundred of
acres of land near the Indo-Pak border.

Later, the police rounded up nearly 50 villagers and a case under
various section of IPC including section 307 was registered against
eight of them.

Some influential persons, including bureaucrats had reportedly managed
to get the land in their names, thus snatching the land away from the
tillers.

This has sparked resentment among the villagers and they had been
fighting against the land sharks for quite sometime. Some of the
tillers were not having proprietary rights over the land alongside the
Sutlej. The state government had allotted some land to tillers in 1979
and then in 1989.

After his arrival, Dr Verka met the deputy commissioner, director
general of police and the SSP Ferozepur to get the official version of
the incident. Later, he also met the representatives of villagers and
the land owners separately.


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[ZESTCaste] Fw: [humanrights-movement:4353] Re: [PMARC] FW: : PW - Udate - News from Geneva



--- On Tue, 24/5/11, teesta setalvad <teestateesta@gmail.com> wrote:

From: teesta setalvad <teestateesta@gmail.com>
Subject: [humanrights-movement:4353] Re: [PMARC] FW: : PW - Udate - News from Geneva
To: "Dalits Media Watch" <PMARC@dgroups.org>
Cc: HumJanenge@yahoogroups.co.in, jharkhand@yahoogroups.co.in, rti4ngo@yahoogroups.com, childrensrighttofood@googlegroups.com, loksatta_initiative@yahoogroups.com, ncpriworkingcommittee@yahoogroups.com, urja-delhi-rwas@googlegroups.com, pwap@yahoogroups.com, ncprimailinglist@yahoogroups.com, antibriberycampaign@yahoogroups.com, development_communication_in_Orissa-owner@yahoogroups.com, arkitectindia@yahoogroups.com, activism-news-network@googlegroups.com, youngactivists@lists.riseup.net, citizens-for-peace--justice@googlegroups.com, napmap@googlegroups.com, "humanrights-movement" <humanrights-movement@googlegroups.com>, "chhattisgarh-net" <chhattisgarh-net@yahoogroups.com>, "f india" <feministsindia@yahoogroups.com>, "bharat-chintan" <bharat-chintan@googlegroups.com>, "cdro" <cdro@pudr.org>, freebinayaksen-us@googlegroups.com, hrd-alert-india@googlegroups.com, sapa@googlegroups.com, anni21@googlegroups.com, aprrn_general@googlegroups.com, famembers@forum-asia.org, sapa_asean@googlegroups.com, sapa_unhr@googlegroups.com, sapa_sa@googlegroups.com, sapa_nea@googelgroups.com, sapa-cstfa@forum-asia.org
Date: Tuesday, 24 May, 2011, 12:33 PM

Appreciate the updates
Lets see what happens...
Teesta

On Thu, May 19, 2011 at 9:18 PM, henri <henri@pwtn.org> wrote:

 

 

Dear Colleagues in ANNI,  

 

We are  addressing this mail from Geneva.

 

This is to let you know that a delegation of the All India Network of Individuals and NGOs working with NHRIs (Anna) comprising Henri Tiphagne ( Hon National Working Secretary)  Mr. Melon Kothari ( Former UN Special Rapporteur ) Ms. Muja Daruwala  National Convenor – AiNNI and Executive Director CHRI) Ms. Vrinda Grover , Lawyer Supreme Court of India are here attending the 24th General Meeting of the International  Co-ordinating Committee of NHRIs.

 

The Indian NHRC was represented by its Chair, Justice KG Balakrishnan and Member Mr. PC Sharma IPS. They have also been accompanied by Mr. JP Meena, Joint Secretary of the NHRC. However, due to the sudden death of  his brother Bhaskar in Delhi the, Chairperson Justice KG Balakrishnan immediately left for India after the inaugural session of the meeting.

 

The meeting is being held with an inaugural address by Ms. Navi Pillay, the UN High Commissioner for Human Rights. She emphasized that NHRIs complaint with the Paris Principles are  key elements of a strong and effective national human rights protection system. They are further, she stated, 'critical partners for the OHCHR and have a particularly prominent role in addressing the most critical human rights issues at the national level including through the promotion of the rule of law and ensuring accountability'. She emphasized that 'the Paris Principles provide NHRIs with a broad mandate and functions to promote and protect human rights and address the most critical human rights issues at the national level, including the promotion of the rule of law and ensuring accountability'. She continued stating, ' out of almost 100 NHRIs around the world , 65 are accredited with A status to the ICC. In 2010 OHCHR assisted the ICC to review the compliance of 26 NHRIs among them 11 were accredited "A' status.'   

 

The Indian NHRC will be taken up for its accreditation on 23rd May 2011 by the Sub Committee on Accreditation of the ICC along with other NHRIs like Australia, Austria, Canada, El Salvador, Mauritania, Namibia, New Zealand, Nicaragua, Northern Ireland, Norway and Senegal.

 

The highlights of the alternate report prepared by AiNNI and submitted three months ago to the ICC and which the AiNNI team has shared in Geneva have highlighted the following. .

 

1

ENSURING PLURALISTIC REPRESENTATION:

 

The Commissioners :

 

·        from its inception 17 years ago have been drawn solely from the higher judiciary, the civil servants and disturbingly from the police.

·        3 of 5 commissioners are bound to be from the higher judiciary under Sec 3 of the Act. This militates against a diversity of life experience and does not guarantee knowledge or insight of human rights.

·        Sec 3(d) of the Act requires that there be at least two members who have knowledge or practical experience in matters relating to human rights. Proper selections in this category would have afforded pluralism but consistently this category has been usurped to accommodate civil servants and police.

·        Despite a vibrant human rights community and the presence of several award winning advocates none has ever been invited on to the Commission

·        Marginalised communities , diverse religious thought, academia, and acknowledged experts and NGO reps find no place. [2.1. – ICC Gen Obs ]  

·        There are no women Commissioners and this effectively excludes any meaningful  participation of women and their concerns in the Commission.  

·        The Commissioners do not represent different segments of society. The appointment procedure does not invite suggestions for diverse societal groups. [2.1 – ICC Gen Obs ]  

·        The complete absence  of pluralism in the staff of the NHRC is reflected in the table .

 

Diversity details of the staff of the NHRC as on 23rd April 2010.

 

Source : NHRC response to right to information application filed.

The Staff

·        A large majority of the senior staff involved in the substantive work of the Commission are "secondees" who are drawn solely from within government. Senior positions such as Secretary General, Registrar Law, Director ( General ) Investigation, Joint Secretary, Deputy Inspector General (DIG), Director, Joint Registrar , Senior Superintendent of Police, (SSP), Assistant Registrar (Law), Senior System Analyst , Information & Public Relations, Officer, Information & Public Relations Officer, Programmer, Librarian, Senior Accounts Officer, Court Master, Inspector, Assistant Accounts Officer, Protocol Assistant, Research Assistant, Assistant, Programmer Assistant, Junior Accountant, Junior Accountant (i), Presenting Officer, Deputy Registrar etc are all  'secondees', completely contrary to the ICC General Observations. [2.4, 2.7. – ICC Gen Obs ]  

 

Details of staff and consultants as on 23.04.2010:

 

 

( NB: Out of the staff on deputation numbering 74 almost all of them are senior officials of the NHRC in India.)  

 

Selection and appointment of the governing body:

The appointment process of the Commissioners is not open or transparent, there is no broad consultation throughout the selection and appointment process; the vacancies are also not advertised broadly and candidates appointed presently are not representative of the wide range of societal groups that constitute India. [2.2. – ICC Gen Obs ]  

 

2

Guarantees of Independence

Statutory Financial Control

·        The statute places the Commission directly under the Ministry of Home Affairs. This is the Ministry that has charge of the police, paramilitaries, conflict situations and internal security. Overwhelmingly complaints to the Commission pertain to law enforcements agencies of the state that come directly under this Ministry.  Therefore there is an in-built conflict of interest which compromises the functional independence and autonomy of the Commission. . [2.6. – ICC Gen Obs ]  

·        The Commission's budget is  presented to parliament through the Ministry of Home Affairs, who have the power to determine it. Sec 32 says, allows the Commission only such sums as "the Central Government may think fit" Last year the budget was curtailed by a significant amount and then restored indicating that the final determination would lie with the Ministry. The possibility of such cuts is an inhibiting factor to robust monitoring of compliance of government with its human rights obligations. . [2.6 – ICC Gen Obs ]  

 

In Practice

·        As mentioned the vast majority of staff are drawn from within government and revert to government offices after completing their tenure with the Commission.  This intimidates their ability to take strong independent stances against agencies of government in which they have colleagues and ongoing links. 

·        All Special rapporteurs of the NHRC have so far only been former civil servants and presently since the last accreditation are now also drawn from former senior staff of the NHRC who have retired from service.

·        Even after 17 years the Commission does not have an independent cadre with the requisite training experience necessary for promoting the objectives of the commission nor does the institution have a structured and organized institutional memory to assist it in examining year on year patterns of violations against which it can make cogent recommendations. [2.7. – ICC Gen Obs ]  

 

3

Methods of Operation

The Commission has no permanent independent staff cadre of its own. At the same time it receives on average 400 complaints a day. As of April 2010,  it had 317 staff and consultants. "consultants" comprised individuals reemployed,   employed as contract staff and consultants. In fact, only  222 of the 317, or 70% were regular staff. Therefore the Commission in reality is currently working with 65% of its sanctioned regular staff, leaving 35% of staff capacity unfilled.  [2.4 -  ICC Gen Obs ]  

·        Going by data provided by the Commission between 65 -75% of all complaints are dismissed in limine: but without assigning reasons or information to the petitioner.

·        In the period under review serious human rights issues have exercised the country. Illustratively: extrajudicial killings, displacement and dispossession of tribals, extraordinary powers coupled with immunity from prosecution for security forces, persecution of internationally acclaimed human rights defenders, excessive use of force in quelling democratic protests and starvation deaths have not drawn public statements or known stances from the Commission: nor has the Commission provided leadership to the human rights advocates seeking their support.

·        The present Chairperson has publicly supported the death penalty and  justified extra judicial killings by the police.

 

Deemed Members of the Full Commission of the NHRC:

 

·        The NHRC India has made place for the Chairperson of the National Commission for Women, the National Commission for Minorities, the National Commission for Scheduled Castes  and the National Commission for Scheduled Tribes to serve on the NHRC as its Deemed Members' as per its statute to perform almost all except the function of complaints handling together with the fill time members of the NHRC. However it is a pity that meetings of the Full Commission with all the ' Deemed Members' had not been held for some period during the years 2006 and 2011. Further when they were held it was only two or three times a year and only for a few hours, to perform all the roles envisioned under Sec 12 of the PHRA 1993.

·        In all the 18 years of its existence and in particular now since 2006 onwards none of the Deemed Members – who actually are the only women, the only dalits, the only tribals and  the only minorities on the NHRC as Members have ever attended a single session on the former UN High Commission no Human Rights , or the UN Sub Commission on Human Rights or the present Un Human Rights Council . In addition they have not also participated in any of the of the 15 Annual Conferences of the Asia Pacific Forum of NHRIs or any of the APF trainings.  

·        None of the 18 SHRC have been engaged in the past 18 years  or for that matter during the period post 2006, after the last accreditation in any of the ICC meetings or UN HRC meetings or the APF meetings or the APF trainings.

·        In the preparation for the UPR process in the year 2008 where extensive consultations have been claimed to have been made, the NHRC did not have any exclusive consultation with the Deemed Members of the NHRC stated supra or for that matter with any of the 18 State Human Rights Commissions in the country.     

4.

Procedural issues :

·        The World Conference on Human Rights in Vienna mandated countries to set up National Human Rights Plan of Action. In the 27 May 2004 meeting of the Commission, it decided to take charge of the preparation of India's NHRAP. To this day, India has yet to release its National Human Rights Action Plan (NHRAP).

·        The NHRC had not published its annual report for the period 2007 – 2008 until the visit of the UN SR on HRDs to India on 15th January 2011 . Therefore, this alternate report to the ICC  has been prepared on the basis of information that was not openly made available by the NHRC for the years,2007 – 2011. The absence of the current annual report hamper a meaningful and comprehensive review of the NHRC. It is also based  on information painstakingly secured through several hundred right to information  applications that were filed. [6.7  ICC Gen Obs ]  

·        While over 40 Nobel laureates had openly called for the release on bail of the Human rights defender, Dr. Binayak Sen, the NHRC had not undertaken a trial observation or intervention using their statutory powers to do the same under Sec 12 (b) of the PHRA during the trial in Raipur, or the hearing of the bail in Bilaspur High Court or the Supreme Court finally – although in all the three courts, the EU Delegation in India had deputed trial observation  teams.

·        Similarly, though human rights defenders Irom Sharmila has undertaken a fast for the past 10 years ( completed 10 years on 6th Nov'2010) for repeal of the Armed Forces Special Powers Act, the NHRC is yet to send its delegation to meet her to find out from her possibilities of their intervention – this is in spite of requests made to this effect by the National Core Group of NGOs of the NHRC.     

5.

Competence and Responsibilities:

 

Encouraging ratification or accession to international human rights instruments:  . [1.3 – ICC Gen Obs ]  

 

·        The Commission in the last 18years, has not encouraged the Government to ratify the Optional protocol 2 for abolition of death penalty.

·        The Commission has not encouraged the Government to ratfify, the Convention Against Disappearances or the Optional Protocol to CERD.

 

Interaction with the International Human Rights System: [1.4 – ICC Gen Obs ]  

 

·        The Commission has on no occasion submitted a report to the Treaty Bodies on any human rights issue.

·        The Commission has not addressed the Government to provide an open invitation to Special Rapporteours, nor has it reminded the Government to respond to long standing requests from different SRs for visits.

 

     Recommendations by NHRIs:  [1.6 – ICC Gen Obs ]  

 

·        The ATR on the Annual Reports of the Commission for the year 2008-09 and 2009-10 , have not been discussed within the mandated period of 6 months, in the Parliament.

·        The Commission has also failed to diligently undertake follow up action on its human rights issues raised by the Commission itself, notably compliance with its Guidelines on extrajudicial killings and  accountability and justice for the victims of the communal carnage of 2002 in Gujarat.

 

 

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--
Teesta Setalvad
'Nirant', Juhu Tara Road,
Juhu, Mumbai - 400 049

http://teestasetalvad.blogspot.com/

www.cjponline.org
www.gujarat-riots.com
www.sabrang.com


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