Seven months pregnant Dalit female was brutally beaten by a police

Lilabati Chowdhury, seven months pregnant and a mother of two, was brutally beaten by a police patrol party from the Beharampore police station in the Indian state of West Bengal at midnight on Aug. 7, 2004. Mrs. Chowdhury's husband, Chhutka Chowdhury, is a daily wage labourer who catches fish in his spare time. The Chowdhury family belongs to the Dalit, or so-called Untouchable, community and is very poor. On the night of Aug. 7 while Mr. Chowdhury was fishing in a nearby river, the police were searching for him. When they reached the Chowdhury's house, they prodded Mrs. Chowdhury awake with their batons. Mrs. Chowdhury asked them why her family was being harassed since no complaint had been made against them. She also protested against the vulgar language used by the police towards her. The police then brutally assaulted her with their batons, seriously injuring her. Mrs. Chowdhury was admitted to the Baharampur Block Hospital in critical condition. Several uniformed policemen went to the hospital late that night and threatened her not to speak to anyone about the incident.

India has rejected all calls to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on the grounds that the domestic mechanisms available in the country are capable of preventing brutality and inhuman treatment. The incident mentioned above occurred in West Bengal. It was while deciding a similar case from West Bengal in 1997 that the Supreme Court of India ruled that torture in all forms must be prevented within the country. The Supreme Court directed the government to take all steps necessary to prevent torture in the country. The court also directed the government to instruct its law enforcing agencies to implement the court order forthwith without any default whatsoever.

Mr. and Mrs. Chowdhury were not aware of the decree of the Supreme Court. Neither did they know that the Criminal Procedure Code of India and the Police Act, though centuries old, also mandate that if any house is to be searched the police must obtain a search warrant from a magistrate. Furthermore, if there are any female occupants in the house, the search must be conducted in the presence of a female police officer. All that Mr. and Mrs. Chowdhury knew for sure was that, had they dared to complain about their ordeal, it would be investigated by the same officers that had attacked Mrs. Chowdhury and that they would be further persecuted and charged with an offence that they did not commit. They would then most likely be thrown in jail as is a common practice in India.

The SC/ST (PoA) Act & Rules: Some Special Features

“Rights are real only if they are accompanied by remedies. It is no use giving rights if the aggrieved person has no legal remedy to which he can resort when his rights are invaded.”

Dr. B.R. Ambedkar

1.       Offences

Enlarges the area of criminal liability by identifying new types of offences, thereby including several acts of omission and commission not covered under either the IPC or PCR Act.

Protects SCs/STs from various kinds of relating to social disabilities, property, malicious persecution, political rights and economic exploitation.

2.       Victims and perpetrators

Defines an atrocity crime by sole reference to caste identification of the offender (non-SC/ST member) and the victim (SC/STmember).

3.       Investigations

Ensures  that investigating officers are police officers not below the rank of Deputy Superintendent  of  Police  with  experience  and  ability  accountability to investigate such cases.

Mandates the completion of police investigations within 30 days occurrence of the atrocity.

Prohibit  grant  of anticipatory  bail to  persons accused of offences under the Act.

4.       Judicial Process

Makes arrangements for setting up Special Courts and grants special powers to them to ensure speedy trials of atrocity  cases,  and  for  Special  Public Prosecutors to conduct the cases.

5.       Penal Action

Imposes  exemplary  punishment  at  a scale much higher than under the IPC for atrocities on SCs/STs, except for  the  offence  of rape. A public servant accused under the Act also has been made liable to a higher  minimum  punishment,  and  importantly neglect  of official duties has  been deemed punishable.

6.       Relief & Rehabilitation Measures

Provides legally justiciable rights to the victims of atrocities by way of  a scale  of  graded  financial assistance and provision of relief and rehabilitation, apart from travel and maintenance allowances  for  victims  and  witnesses  during investigation and trial, etc.

7.       National & State level Monitoring Mechanisms

Setting up SC/STProtection Cell at the State Headquarters under  the  charge  of  Director  /Inspector  General  of  Police  for  supervision  of various actions taken under the Act.

Appointing  (i)  Nodal  Officers  to  coordinate  the functioning of District Magistrates and Superintendents  of  Police  or  other  authorized officers,  and  (ii)  Special  Officers  at  the  district level  to  coordinate  with  the  District Magistrate, Superintendent of Police or other officers responsible for implementing the provisions of the Act.

Constituting State and District level Vigilance and Monitoring Committees for enhancing accountability and greater political supervision of the implementation of the Act.

Submitting annual report about measures taken for implementing the Act by the State Government to the Central Government.

Authorising the National Commission for Scheduled Castes (NCSC) & National Commission for Scheduled Tribes (NCST):

(a)    to  investigate,  monitor  and  evaluate  the safeguards provided for SCs/STs;

(b)   to inquire into specific complaints by SCs/STs of rights violations;

8.       Preventive Measures

Implementing  a  range  of  preventive  measures, including:  preparing  a  model  contingency  plan; identifying  atrocity  prone  areas;  cancelling  arms licences  of  potential  offenders  under  the  Act; granting arms licences to SCs/STs as a means of self  defence;  setting  up  awareness  camps  in atrocity prone areas to educate SCs/STs about their rights.

Complaint against caste based racial discrimination.

To,

The Divisional Commissioner,

O/o the Divisional Commissioner,

5, Sham Nath Marg, New Delhi.

Sub.: Complaint against caste based racial discrimination.

Respected Sir,

This is to bring to your kind notice that I,Raghubir Singh Gadegawnlia R/o Jawala Puri, New Delhi-110087 and belonging to the Scheduled Caste category (Raigar). I had made a complaint against Mr. Anil Kumar Sharma, regarding illegally mentally harassment by misuse of influence of D C's office, threatening, bribe and atrocities on me.

Now I have decided to bring it to your kind notice that irregularity, injustice, malafide intentions and rampant naked caste based racial discrimination being practiced by the Investigation Team Officers of Revenue Department in the complaint investigation matter.

After my complaint, department has been setup an Investigation Team. Unfortunately in the Investigation Team Officers has been recruited from dominant powerful castes, so they are provided undue protection to Mr. Anil Kumar Sharma. How can I get the justice in such a situation? The investigation team cannot do to fair investigation. I cannot get justice from the investigation team Officers. In such cases the actual achievement of justice depends on the act of the honesty of officers. Today in the social life is the most basic class distinction is widespread between the dominant powerful castes and the powerless, poor dalit castes. Because I am a dalit complainant, so they can deprive from my justice right.

I hereby request to seeking justice, to stop the atrocious acts and the shameless crime against humanity.

Regards, 

(Raghubir Singh Gadegawnlia)

Only officers should inquire into SC/ST atrocity cases: SP

Superintendent of Police Dr A Subramanyeshwar Rao directed all police officers in the district not to handover cases under the SC/ST (Prevention of Atrocities) Act to Head Constables and Constables.

Addressing at an SC/ST grievance meet at the Police Guest House here on Sunday, Rao said that the police officers should directly conduct inquiry into such cases after visiting spots. “Cases under the same SC/ST (Prevention of Atrocities) Act will be booked against those police officials, who do not respond to the complaints of Dalits properly,” he warned. The SP instructed that police should treat SC/ST complainants fairly and ensure that their complaints are registered properly. “Treat all SC/ST complainants in the same manner you treat the rich,” he said adding that cops should introspect themselves as to how members of the SC/ST communities were treated in their police stations. Grievance meetings should be organised in all police stations on third Sundays of every month compulsorily. If the meeting was not conducted on the prescribed date due to any valid reason, the same should be conducted next day, Rao said. Initiative should be taken to create awareness on the provisions of SC/ST (Prevention of Atrocities) Act at the station-level grievance meetings, he added. Talking about cases related to tresspassing or encroachment on land belonging to Dalits, the SP said that such cases should also be considered under purview of the SC/ST (Prevention of Atrocities) Act. Police should register cases under the Act if prima facie offense was sighted in the complaint, he suggested. Action sought against SIs Karnataka Dalitha Sangharsha Samithi District Convener S P Ananda said that action should be taken against Sub Inspectors Chikkaswamy Gowda and Raghava Padil for allegedly torturing an Akashavani transmission executive Sudhakar, who is a Dalit. Ananda brought to the notice of SP that Uppinangadi Sub Inspector demanded Rs 1,000 bribe from a Dalit youth Vasanth for putting a stall at the annual festival ground. He said that the officer had threatened Vasanth and removed his stall forcefully. Explaining another complaint, Ananda said that the Kavoor Police detained Rajappa and his two-year-old child from morning till evening without any reason. Rajappa and his family were staying in a house constructed on government land for the past 20 years. However, the police harassed Rajappa without any complaints, he added. SP A S Rao assured that the police will conduct inquiry into all allegations and take necessary steps to ensure justice. Meanwhile, answering to a query with regard to the defamation complaint filed by former Mangalore University lecturer Umeshchandra against a Kannada daily Editor and Reporter, DySP S Girish said that the inquiry is in its final stage. “A chargesheet will be submitted before the court soon,” he added. Additional SP R Ramesh, DySPs B J Bhandary and C K Shashidhar were present. http://www.deccanherald.com/content/60723/only-officers-should-inquire-scst.html

Parents play safe, opt for schools in NCR/Mad rush for nursery seats begins in NCR

Hindustan Times, 21 Aug 2012

Parents play safe, opt for schools in NCR

Taking a cue from parents whose children had missed out on admission in reputed schools last year, more and more parents have begun looking at options in the National Capital Region (NCR) as a safe bet. With many of these schools coming out with forms this week, many parents are getting ready for a long admission season. In Delhi, the nursery admission season starts in December and goes on till March.
"I am keeping track of admission announcements in all Gurgaon schools. My brother's daughter was not able to get admission in any school in Delhi despite there being five good schools in our neighbourhood. I don't want the same to happen to my daughter. So I am also applying to schools in Gurgaon to raise the chances of her getting admission in a good school," said Shalini De, a housewife from Saket.
But the admission process in the NCR towns, however, is not as simple as it is in Delhi.
With no guidelines, schools employ any method of admission. So while one school may have a lottery system, another may be scheduling interactions with parents, and yet another may be following a self-styled points system.
The age criteria too is not fixed with some schools declaring the minimum age as three and other declaring three-and-half years.
"There is no uniformity in the selection process. For parents, this is a huge problem as parents will have to run around a lot to meet the different sets of requirements of each school. The governments of Uttar Pradesh and Haryana must recognise the need for guidelines and act accordingly," said Sumit Vohra, founder of admissionsnursery.com, a website that guides parents through the admission process.
Despite the lack of clarity, schools in NCR towns continue to be good options for parents in east and south Delhi. "I live in Mehrauli and sending my kid to a school in Gurgaon rather than one in Delhi made much more sense, and I am quite happy with my choice," said Abhinav Makhija, whose son goes to DPS Sushant Lok.
Branches of Delhi Public School, Amity International School and Shiv Nadar School in Noida, Gurgaon and Ghaziabad have already announced the schedule for their admission processes.
While Amity International is selling forms till August 23, Shiv Nadar School has not declared a last date so far. Scottish High International School in Gurgaon will start the registration from Thursday and has declared that the admission will be on a first-come-first-served basis
New Delhi, August 21, 2012

Just half-way through the school year, the admission process for next year has already begun for some.

Sale of forms for admission to nursery classes will start this week in many schools in Gurgaon, Noida and Ghaziabad. DPS Sushant Lok and Vasundhara, Amity International Schools in Noida and Gurgaon, Ardee School Gurgaon and Shiv Nadar School in Noida and Gurgaon are all set to steal a march over their rivals in the Capital, where the process starts only in December.With Delhi schools getting increasingly tough to crack, more and more parents are opting for reputed schools in the NCR where the competition is less fierce.

The NCR has one drawback though — the admission process here isn’t regulated like in Delhi. Therefore, a large number of NCR schools close admissions in October itself while others start the process only in January.

Parents play safe, opt for schools in NCR/Mad rush for nursery seats begins in NCR

Hindustan Times, 21 Aug 2012

Parents play safe, opt for schools in NCR

 

Taking a cue from parents whose children had missed out on admission in reputed schools last year, more and more parents have begun looking at options in the National Capital Region (NCR) as a safe bet. With many of these schools coming out with forms this week, many parents are getting ready for a long admission season. In Delhi, the nursery admission season starts in December and goes on till March.
"I am keeping track of admission announcements in all Gurgaon schools. My brother's daughter was not able to get admission in any school in Delhi despite there being five good schools in our neighbourhood. I don't want the same to happen to my daughter. So I am also applying to schools in Gurgaon to raise the chances of her getting admission in a good school," said Shalini De, a housewife from Saket.
But the admission process in the NCR towns, however, is not as simple as it is in Delhi.
With no guidelines, schools employ any method of admission. So while one school may have a lottery system, another may be scheduling interactions with parents, and yet another may be following a self-styled points system.
The age criteria too is not fixed with some schools declaring the minimum age as three and other declaring three-and-half years.
"There is no uniformity in the selection process. For parents, this is a huge problem as parents will have to run around a lot to meet the different sets of requirements of each school. The governments of Uttar Pradesh and Haryana must recognise the need for guidelines and act accordingly," said Sumit Vohra, founder of admissionsnursery.com, a website that guides parents through the admission process.
Despite the lack of clarity, schools in NCR towns continue to be good options for parents in east and south Delhi. "I live in Mehrauli and sending my kid to a school in Gurgaon rather than one in Delhi made much more sense, and I am quite happy with my choice," said Abhinav Makhija, whose son goes to DPS Sushant Lok.
Branches of Delhi Public School, Amity International School and Shiv Nadar School in Noida, Gurgaon and Ghaziabad have already announced the schedule for their admission processes.
While Amity International is selling forms till August 23, Shiv Nadar School has not declared a last date so far. Scottish High International School in Gurgaon will start the registration from Thursday and has declared that the admission will be on a first-come-first-served basis
New Delhi, August 21, 2012

Just half-way through the school year, the admission process for next year has already begun for some.

Sale of forms for admission to nursery classes will start this week in many schools in Gurgaon, Noida and Ghaziabad. DPS Sushant Lok and Vasundhara, Amity International Schools in Noida and Gurgaon, Ardee School Gurgaon and Shiv Nadar School in Noida and Gurgaon are all set to steal a march over their rivals in the Capital, where the process starts only in December.With Delhi schools getting increasingly tough to crack, more and more parents are opting for reputed schools in the NCR where the competition is less fierce.

The NCR has one drawback though — the admission process here isn’t regulated like in Delhi. Therefore, a large number of NCR schools close admissions in October itself while others start the process only in January.

25% RTE reservation rule sees shoddy performance in schools

Sumita Sarkar, TNN Aug 21, 2012, 03.57AM IST

NASHIK: The state's mandatory rule of 25% admission reservation for economically backward students in schools, under the Right to Education Act (RTE) has failed to garner satisfactory results. Education department officials have claimed that the poor implementation is due to a delay in receiving the notice. According to the Supreme Court's (SC) orders all schools, with the exception of unaided minority institutes, will have to reserve 25% of entry-level school admission seats with free and compulsory education for economically weaker section (EWS) and socially disadvantaged group (SDG) students in the age group of 6-14 years under the RTE Act."We informed the schools in June but none has been able to fill the stipulated target of 25%students," said education officer of the Nashik Municipal Corporation (NMC), Nitin Upasani. "We had advertised the RTE requirement in June in newspapers announcing that the 25% reservation rule was applicable in government, local authority schools and private schools ," said Upasani.He said that parents of students wanting to avail of the reservation were informed to give an application form to the NMC education department and one copy of the application to the school, but the department did not receive any applications. "Six schools in the city have admitted students of economically weaker sections this year," he said.School authorities of St Francis High School said that they have also tried to admit students of economically weaker and socially disadvantages sections even though the rule is not applicable to the school since it is a minority-run school. Father Diego Nunes, principal of Don Bosco School which has admitted the maximum number of EWS students in the city said that though they have not been able to reach the 25% target, they have tried their best."The rule was declared in December and we were notified about implementing it in June. School admissions begin in February-March. Next year, the picture will be better. In December, we will put up an advertisement in the newspapers through the government," said Upasani.