Tuesday, May 31, 2011

2 MCD engineers arrested for threatening RTI activist

New Delhi, April 21 : Delhi Police have arrested two MCD engineers on charges of allegedly threatened an activist who had filed an RTI application seeking details of illegal construction in Shahdara (North).

S.S. Yadav, DCP (northeast) said that they have arrested assistant engineer Umesh Singh and executive engineer B M N Rao.

"After investigating the complaints we found out that three engineers had gone to the house of the complainant in Dilshad Garden and threatened him. The third accused — junior engineer Hari Singh — is yet to be arrested. We have certain leads and will arrest him soon,'' said Yadav.

The arrests were made after the victim Mohit Sharma (33) approached the information commissioner Shailesh Gandhi, seeking help when the local police did not take him seriously.

Sharma had filed an RTI application seeking information from the MCD on unauthorized constructions in Shahdara (north). But the MCD engineers instead of furnishing the details, tried to pressurise Mohit and asked him to back out. When Sharma refused to comply, they landed at his house and threatened him with dire consequences.

Sharma had filed a complain about the engineers with the Seemapuri police station but he got no relief. And when Ghandi came to know about Sharma's struggle, he wrote a letter to police commissioner Y.S. Dadwal and appealed the police chief to look into the matter. A few days later a case was registered against the accused.

In the FIR, Sharma said that: "Umesh had threatened saying you are too young to play such dangerous games. It is like playing with fire. Umesh also told me that no one can survive after clashing with MCD officials. I will demolish your home."

Incidentally, few days back three policemen were recently suspended by senior officers after they allegedly helped a trader kill his maid in Ghaziabad.

http://www.newkerala.com/news/fullnews-93863.html

ACTIVIST SEEKS INFO FROM CBI, GETS THREATS INSTEAD

ACTIVIST SEEKS INFO FROM CBI, GETS THREATS INSTEAD

rti_activist_cbi_630Just a day after a Right to Information (RTI) activist in Mumbai was beaten up for filing a case against Pubic Works Department officials, another activist alleges harassment, this time by the Central Bureau of Investigation, India’s premier investigation agency.

Manish Bhatnagar, an RTI activist, had sought information on the expenses incurred on CBI Director Ashwini Kumar by the government. However, what he allegedly got were threats and intimidations.

Bhatnagar’s RTI application seeks details on benefits like car and travel allowance, HRA and Medical benefits besides water and electricity, which is provided to the CBI director. It asks CBI furhish all the records and file noting related to the appointment of Ashmini Kumar to the post of the Director, and a certified copy of each and every page of the service book of Kumar.

He claims that the CBI’s chief public information officer, refused to divulge these details saying that the information sought was highly personal in nature.

“Somebody from CBI office visited my Kalkaji home, which I had used in the RTI appeal, and asked me why I had filed the RTI application. However, they didn’t stop at that. They approached the landlord of my Kalkaji home, and inquired about my whereabouts from the colony.

Fed up, Manish approached the Chief Information Commissioner (CIC) on March 31 and filed a complaint against the CBI saying that his life and liberty were under threat. The CIC was quick to take note of the matter and asked the CBI to submit a report within 15 days.

“Since the charge is against the CBI, he has given a telephone number and alleges that he received threatening calls. I have asked the CBI to look into it as it concerns them,” says Wajahat Habibullah, CIC.

The CBI has now decided to look into the matter.

The Central Information Commission has made it clear that frivolous RTI applications will be dealt with seriously. However, at the same time, is is also trying to send a signal that it would not tolerate any attempt to quell the spirit of RTI.

http://flashnewstoday.com/index.php/activist-seeks-info-from-cbi-gets-threats-instead/

What is harassment or sexual harassment?

What is harassment?
Harassment is behaviour, which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is also behaviour that can cause the recipient to be embarrassed, uncomfortable and cause emotional distress.

What is sexual harassment?
Sexual harassment would follow the same definition as the above, except that the harassment must be sexual in nature. Further defined it is the unwelcome sexual advances, requests for sexual favours and other verbal behaviour or physical conduct of a sexual nature. In addition when the submission to such conduct is made an implicit condition of an individual’s employment, then it is sexual harassment within the workplace.

Is sexual harassment a violation of human rights?
Yes, sexual harassment is considered as a violation of human rights as it is a form of sex discrimination. Sex discrimination is when terms and conditions of employment are not equal because of the person’s sex

Can sexual harassment be of different types?
Yes, there are three forms or types of sexual harassment that are recognised the world over. One, quid pro quo which mean ‘this for that’ and when employment decisions or expectations are based on an employee’s willingness to grant or deny sexual favours. Second is hostile environment where verbal or non-verbal behaviour in the workplace focuses on the sexuality of another person or occurs because of a person’s gender or other protected characteristic; where such verbal or non-verbal behaviour in the workplace is unwanted or unwelcome; and where verbal or non-verbal behaviour is severe or pervasive enough to affect the person’s work environment. The third as discussed above is the violation of human rights.

What is the key factor in deciding instances of sexual harassment?
The key factor in deciding instances of sexual harassment is when any unwanted, unwelcome, or unsolicited conduct, which has sexual characteristics and is imposed on a person who regards it as offensive or undesirable, it is harassment. When a person communicates that the conduct is unwelcome, it becomes illegal. Even if the conduct is not stated but implied, as long as it is unwelcome it is unlawful.

Is sexual harassment only physical molestation?
No, sexual harassment can be verbal, non-verbal, visual, and physical.

What is the responsibility of the organisation in preventing sexual harassment?
As per the Supreme Court Guidelines, it is mandatory that an organisation set up a Committee to deal with cases on sexual harassment. It is also the responsibility of the organisation to ensure that an environment is created within the organisation, which shows a strong commitment of the organisation towards a ‘zero tolerance to sexual harassment’.

What are the laws that govern cases on sexual harassment?
In India, the Indian Penal Code, Section 509 states, “Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman as intruding upon her privacy shall be punished with simple imprisonment for a term extending to one year or with fine or with both”. In addition, the Supreme Court Guidelines 1997 states any unwelcome act of physical, verbal or non-verbal conduct of a sexual nature as sexual harassment. It is a mandatory duty of employer to prevent and address sexual harassment by forming a Committee Against Sexual Harassment.

RTI activist exposes fraud, ends up losing daughter-in-law

Haryana Mahabir Singh, a Right to Information activist had to pay a heavy price for exposing a pension scam in Chandrawal village of Fatehabad district, Haryana.


After the graft exposé, Dharamvir Malik, the village sarpanch allegedly crushed Singh's daughter-in-law Sonu under his car on Friday.

Singh along with his friends had filed an RTI to expose the misappropriation of funds carried out Malik.

“A case of murder has been filed against Malik,” said Subhash Saharan, a senior police officer.

Singh and others had first complained to the district officers, but after receiving no response they approached the court and filed a case against Malik.

“Pension fraud was going on in the village to which a list was demanded, which didn’t go down well with Malik.

A TV grab shows the victim, inconsolable relatives and police in Haryana village

He kicked Sonu and her head was hit by a rod. Mahabir and Sonu were dragged by Mailk’s car. There were five to six people in it," alleged Mahinder, Singh’s elder brother.

Locals demanded immediate arrest of Malik and his associates soon after the incident. Yashpal, a local said that the villagers had demanded arrest of Malik and his aides. “People who had filed the RTI are in danger till the other accused free,” he said.

According to latest sources, the villagers came on the streets with batons to protest the killing.


Murder of RTI activists threat to transparency

Every citizen has a right to know how the Government is functioning. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Some laws on Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work. This act is applicable to the whole of India except Jammu and Kashmir. The act can be used against all constitutional authorities, the executive, legislature and the judiciary. Initially, private bodies were excluded from this act by the Supreme Court. But privatised public utility companies fall under the purview of this act.

After 5 years passed the act,10 RTI Activists killed. You can put your hands in this sectors(Govt.,industry etc.) and you find corruptions and in this situation Rti act feels good. But Corrupt Persons cannot stop the law but they can stop those persons who use the law. When you release the corruptions, one by one Rti activists are killed.here are the details;

1.Datta Patil,47 age, an activist from Ichalkaranji in the Kolhapur district, was found dead on May 22. This is the latest among the increasing number of attacks against activists in Maharashtra. Patil who was well known in his hometown Ichalkaranji in the Kolhapur district for taking on administrators via the RTI act was attacked with a sword.

Friend and activist Appa Patil said, "He was involved in a lot of social causes. He exposed corruption amongst several politicians and bureaucrats." Patil had made several enemies due to his activism.

2.Amit Jethwa , With the cold-blooded murder of Right to Information (RTI) activist Amit Jethwa near the Gujarat High Court in Ahmedabad this past Tuesday(Amit Jethwa was shot dead in front of the Gujarat high court.), the number of such killings of whistleblowers has gone up to eight just this year alone. The Congress-ruled Maharashtra tops the list with four killings, followed by the BJP-ruled Gujarat with two. He was in his thirties, a caring, law-abiding citizen, committed to the environment, humanity and animal life. And like most dedicated souls, he believed that he could stem the rot in the system and make a difference by diligently using democratic tools of empowerment. He relied heavily on the Right to Information (RTI) Act to plug the holes in the system. Till the holes got him.Amit Jethwa was fighting against illegal mining in the Gir forests, which hosts the world’s last Asiatic lions. But he was up against the mining mafia, the forest department and politicians involved in the racket. Not an easy fight for a lone ranger. Besides, he had made enemies by campaigning against corruption. He had even got a Lokayukta placed in Gujarat.

3.Vitthal Gite , an RTI activist who had exposed irregularities in a Maharashtra village school has been killed in a clash between two groups. The activist was seriously injured when the rival group, led by the son of the educational society that runs Sainath Vidyalaya at Waghbet villager in Beed, attacked him on Sunday. He died on Tuesday. He was a farmer and a flour-mill owner. Gite, along with another activist, Brijmohan Mishra, had sought information under RTI Act and exposed irregularities in the functioning of a few other schools in the village as well.

4.Sola Ranga Rao , an RTI activist, in Krishna district. The activist was found murdered near his house earlier this month and his family members had alleged that he was killed because of the RTI application he had filed with a district office regarding funding of the village's drainage system. The 30-year-old activist, resident of Sitaram village, had filed various RTI applications seeking information from the mandal parishad development office (MPDO) on the fund sanctioned and utilised for the village's drainage system. Family members of Sola Ranga Rao alleged he was murdered by miscreants who were involved in siphoning of funds allocated for the drainage system.

5.Satish Shetty, an RTI activist age 39, was hacked to death in Maharashtra. The activist had been battling land scams and government corruption, had received death threats and asked for police protection — which he didn’t get — and was killed while taking his morning walk.

6.Arun Sawant, an RTI activist was shot dead near the Badlapur Municipal Office in Thane for fighting administrative corruption. Meanwhile in Bihar, RTI activist Shashidhar Mishra was gunned down in front of his home in Begusarai.

7. Shashidhar Mishra, Unidentified motorcycle-borne criminals shot dead one, Shashidhar Mishra, a local RTI activist, at his Phulwaria village residence under Bararuni-Phulwaria police station on Sunday night. Sources said Mishra had just parked his bicycle and was about to enter his house when criminals riding a motorcycle came and shot him in his head. Mishra died on the spot. Mishra was also popularly known as ‘Khabri Lal’ in the area for his knack to expose scams in the welfare schemes through RTI at the local panchayat and block level. He even earned the wrath of some local body representatives for using the RTI against them. Mr. Mishra, a local RTI activist who worked tirelessly to expose corruption at the panchayat and block levels, was shot dead by unidentified men on motorcycles near his residence in Phulwaria village on the night of February 14.Village sources revealed that Mr. Mishra, had been proactively using the RTI as a tool for exposing scams. “He incurred the wrath of some local body representatives in the process,” a villager disclosed.

8. Vishram Laxman Dodiya,50 age, was killed on February 11 following his refusal to withdraw an RTI application seeking information on illegal electricity connections in the city. Shetty (38), a noted Pune-based activist, refused to give up exposing land scams using RTI, despite repeated threats to his family. He was murdered on January 13.

"On the day of his murder, he (Dodiya) was called to the police station and
officials tried to persuade him to withdraw his application. He refused. He
was shot dead on his way back home," Dodiya's son said.

9.Satish Shetty who had blown the whistle on a series of land scams in and around Talegaon, Lonavala and Pimpri-Chinchwad near here, was brutally murdered by some unidentified assailants near his residence at Talegaon-Dabhade on Wednesday morning. Shetty was on his morning walk around 7am when he was attacked with swords and sharp weapons. He was rushed to hospital but was declared dead on arrival.

10. Ramdas Ghadegavkar ,43-year-old Ramdas Ghadegavkar, a local Shiv Sena leader, died are shrouded in mystery. The death of Ramdas, who used the RTI Act, adds another name in the victim list of whistleblowers in the country.

Another Manjunath Shanmugam, an IIM graduate, was killed while trying to expose corruption in petroleum marketing.

The Cabinet Monday cleared a bill to protect whistleblowers ( Who is a whistleblower?)
The one who exposes corruption or a fraud is known as a whistleblower.)And it is likely to be tabled during the ongoing monsoon session of parliament, official sources said.

The approval for the Public Interest Disclosure (Protection of Information) Bill, 2010, was given at a cabinet meeting presided over by Prime Minister Manmohan Singh.

As per the bill, the onus will be on the Central Vigilance Commission (CVC) to protect the identity of the citizens who provide information about the misuse of governmental authority and funds.

The CVC will be empowered to take action against those who reveal the identity of the whistleblowers or those who threaten the whistleblowers while those who make frivolous complaints will also be liable to punishment.

India is working on such a law. The proposed legislation called the Public Interest Disclosure and Protection to Persons Making The Disclosure Bill, 2010, gives the Central Vigilance Commission the power to hand down harsh penalty to people who reveal the identities of whistleblowers. The CVC will also be empowered to act against those who reveal the identity of a whistleblower and those who threaten them

My question is is this bill really protects Rti Activists ?

http://www.lawyersclubindia.com/forum/Murder-of-RTI-activists-threat-to-transparency-24306.asp

MGNREGS: Women RTI activists threatened for seeking information

mphal: Four women human rights defenders affiliated to Apunba Nupi Lup (Women Human Rights Group) of Manipur have received threats for seeking information about Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) in their locality that falls in Thoubal district.

The Centre for Organisation Research & Education (CORE), a Manipur-based organization, on 16th April issued urgent appeal following life threat to indigenous Meitei women human rights defenders in Mamang Leikai village under Pallel police station in Thoubal district.

The appeal says that four Indigenous Meitei Women Human Rights Defenders namely Mrs. Takhellambam Ongbi Ibempishak Devi W/o Takhellambam Ranjit, Mrs. Sagolsem Ongbi Memcha Devi w/o Sagolsem Benoy, Mrs. Mayanglambam Momon Devi w/o Mayanglambam Kullabidhu, Smt. Konjengbam Anita Devi w/o Kangjengbam Samungou, all residents of Pallel Village Mamang Leikai, PO & PS Pallel, Thoubal District, Manipur sought information under “Right To Information Act, 2005” (RTI) from the State Public Information Officer (SPIO), Block Development Officer, Kakching (BDO) & Gram Panchayat (GP), on September 20, 2010 regarding developmental works undertaken by Pallel Gram Panchayat under the national MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) and wages and welfare schemes implemented in Pallel Gram Panchayat. However, they were not provided with the information sought within the stipulated time frame under the RTI Act. In the mean time, two unidentified persons showed up at Konjengbam Anita Devi’s residence threatening four of them to withdraw their application or else face the dire consequence on April 2, 2011. They also received threatening phone calls on their mobile phones. They tried to lodge a First Information Report (FIR) at the Pallel Police Station, and the Officer in-charge, Kakching Police station for immediate necessary action but they were refused.

According to CORE, the women are still feeling insecure and their lives are at risk with no support from the local police. They have also filed appeals to the Deputy Commissioner, Thoubal District and the State Information Commission under the RTI Act. The threat is from unidentified persons believed to be connected to the Pallel Gram Panchayat and Block Development Office.

CORE has appealed to ensure freedom of movement, physical safety and security to the RTI activists and to provide requested information to the applicant under the Right to information Act, 2005. A prompt impartial inquiry into the case according to law and penalty for the SPIO and necessary action should be taken up on neglected police officials are also prayed in the appeal.

http://twocircles.net/2011apr17/mgnregs_women_rti_activists_threatened_seeking_information.html

Complaint regarding threatening RTI Activists by landline no. 28546090.

To,

The Chief Information Commissioner.

Central Information Commission, B-Wing,

2nd floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-1 10066.

Subject : Complaint regarding threatening RTI Activists by landline no. 28546090.

Respected Sir/Madam,

I would like to bring your kind notice that I had filed two RTI applications for public interest on dated 03.05.2011 to Directorate of Education seeking some information regarding Education Officer, Zone-18 & Directorate of Education (West-B).

On dated 25/05/2011 at 10.58 a.m., I have received two calls from landlines numbers 28546090 since a day, when answering the calls the caller lady voice, and using very rough & highly objectionable language, she is threatening me that unless I withdraw the RTI applications. Due to this I am very much disturbed mentally. I know form Telephone Exchange for above telephone no. address that this telephone installed Directorate of Education (West-B), Vikash Puri, Delhi. It appears the sole motive is to stifle the voice of RTI Activists.

In the circumstances I Would politely but urgently humbly request you as Head of Central Information Commission to make enquiries and investigate by fair and independent agency, look into the matter seriously, and take the proper legal action.

Thanking You.

Yours sincerely,

(Mahinder Saini)

D-5/247, Sultan Puri, Near Jagdamba Mkt.,

New Delhi-110086.

Ph. 9818198156,9015064603

Copy to :-

1. The PIO (H.Q.), Dte of Education, GNCT of Delhi, Old Secretariat, Delhi-110054.

2. The Police Commissioner, Delhi Police Head Quarter, ITO, New Delhi.

3. The Director, Human Right Commission, New Delhi.

4. RTI Forum, New Delhi