Stop Dalit atrocities and Brutality against dalits in India

Honorable President and Prime Minister of India.

We the dalits and others alike from all over the world are gravely concerned about the resurgence of ghastly attack & caste based cruelty on dalits, the recent brutal Khairlanji incident in Maharashtra, Lynching of Five dalits in Haryana, barbaric attack and mutilation of Bant Singh’s hands and legs in Punjab, rape of a 5 year old minor dalit girl in UP are just the tip of the iceberg about dalit atrocity. 

Recent incidence of a rape of a 5 year old dalit girl in U.P, in which the local administration including the police has been stalling the FIR (first information Reporting) filed by the girls father until the issue got widely publicized by the press, no action was taken. The little poor girl is savaged by these Hindu animals, the girl required to undergo multiple surgical procedure just to rescue her from incomprehensible, inhuman behaviors of adult Hindu's who rapped a child, her parents cannot afford to help the girl medically as the medical care is beyond the poor parents means, this is India. So is the case of a dalit singer Bant Sing in Punjab. These incidents remind us all of the dark ages of the mankind that was grossly uncivilized. In state of Haryana, the brutal incidences of Gohana and Kila Jafargarh, in which jats out rightly waged war against the dalits, burnt their houses and beat their women, children and elderly, lead their exodus from their native place where they have been living for generations. These attacks on dalits are unleashed by caste hindu’s were grossly unaccounted and police did not take appropriate actions.

Sir, you have the moral responsibility to protect the armless innocent dalits. Otherwise a farce is made of Indian democracy. We demand on behalf of dalits of India the following actions by the Indian government under your tutelage:-

1. Chief Ministers of Punjab, Haryana, Maharashtra must be asked to resign and a new Chief Minister be elected , who is able to protect and defend dalits, otherwise it will have adverse political effect for the Congress party and Central government to the sovereignty of our nation. 

2. Home Minister too must be made responsible and accountable for the inefficient law and order, home minister must take stern actions against the rogue states which have failed to maintain law and order in the country, criminals should be booked under atrocities act, who must spend time in jail and make their life difficult and be made to realize that if you commit a crime, you will be treated harshly as a deterrence tool. 
3. And federal/central forces have to be called to maintain law and order in vulnerable areas were innocent dalits were targeted and systematically attacked by upper castes. Dalits lives should be protected at any cost, a special task force, law and enforcement constituting dalit specialists and trained dalit experts should be posted in these areas.

4. The victims and their families that were affected must be completely rehabilitated and compensated for the loss of their loved one's. The government cannot restitute a dead person of one's loved one, it is such a miserable state of law in India. In this internet age and communication era, the news of atrocities on Dalits spread all over the world in a blink of an eye. Taking no action or delayed justice to victims only will bring further shame and bad name to the nation of India and to your ruling government. 

Sir, please note that these events are not without repercussions in India or overseas.

Thus, Sir, we appeal to your able and good office to ask you and or your agents i.e. the Central and State government to intervene immediately on dalit atrocity on an EMERGENCY basis. How many lives will be lost and how much blood must be spilled before intervention. Dalits freedom, dalits life and their well being are constantly in danger, your immediate intervention is needed to safeguard dalit community and our society. 

Yours Sincerely, 

On behalf of the millions of Dalit victims and on behalf of all the dalits, the Undersigned.

National Urban Housing & Habitat Policy - 2007

The National Urban Housing & Habitat Policy, 2007 seeks to set in motion a process in providing ‘Affordable Housing for All’ particularly the Economically Weaker Sections (EWS) and Low Income Group (LIG). The policy advocates measures for promotion of sustainable development of habitat in the country with a view to ensuring equitable supply of land, shelter and services at affordable prices to all sections of society. However, ‘Land’ and ‘Colonisation’ being State subjects, it is primarily the responsibility of State Governments to take follow up measures in pursuance of the policy advocacy.

Further, the Central Government has taken several measures and implementing schemes for providing affordable housing to urban poor. 

• The Jawaharlal Nehru National Urban Renewal Mission (JNNURM), launched by the Government in the year 2005 caters to provision of housing and basic services to urban poor in slums in 65 specified cities under the Sub Mission Basic Services to the Urban Poor (BSUP) and in other cities and towns under the Integrated Housing and Slum Development Programme (IHSDP). 

• The Interest Subsidy Scheme for Housing the Urban Poor (ISHUP) provides for interest subsidy on housing loans to the Economically Weaker Sections (EWS) and Low Income Group (LIG) as part of credit-enablement measures and encourages those households to avail of loan facilities through Commercial Banks/Housing Finance Companies for the purposes of construction/acquisition of houses and avail 5% subsidy in interest payment for loans upto Rs. 1 lakh. 

• The scheme of Affordable Housing in Partnership seeks assembly of land for construction of affordable housing and provides Central Government assistance towards provision of internal and external infrastructure connectivity. 

• Furthermore, the Government has announced a new scheme called Rajiv Awas Yojana (RAY) for providing support to States that are willing to provide property rights to slum dwellers.

Experts discuss working of police complaint system

New Delhi, Feb 18 (IANS) Independent specialised agencies to deal with police misconduct, including death, torture and rape in custody, do not seem to be welcome in India, said experts Saturday. In most states, these authorities exist only on paper.

The experts, who attended a two-day meet that started Saturday, discussed ways to strengthen the system and focused on some of the misgivings about the working of the authorities tackling complaints against police.
The meet on new policing and working of the police complaint authorities was organised by NGO Commonwealth Human Rights Initiative.
The concept of independent oversight of police was new to India and judging from the extent of implementation, not particularly welcome, it said.
The Supreme Court in 2006 directed the states to set up specialised police complaint agencies called police complaint authorities.
Till date, functional authorities existed only in six states – Assam, Goa, Haryana, Kerala, Tripura and Uttarakhand, the NGO said.
Four union territories had also taken the initiative to establish such authorities and these are Chandigarh, Puducherry, Daman and Diu, and Dadra and Nagar Haveli, it said.
According to the NGO, the meet aimed at bridging the gap between various functional police complaint authorities, providing a forum for dialogue between police complaint authorities, police leadership and members of the civil society to overcome obstacles.
The NGO said the complaint agencies were intended to be independent of police, close to the local population and mandated to deal with serious police misconduct, particularly death, torture and rape in custody.

Meet wants teeth for cop complaint bodies

NEW DELHI: Nearly six years after the apex court’s direction that states and districts set up police complaints authorities for civilians to register complaints against offending cops, a two-day conference in the capital has highlighted the need for these bodies to be tougher and more independent.

The deliberation concluded that the concept of oversight bodies that allow people to complain against the police is still new, and the bodies themselves at a nascent stage. The conference noted that not only do such bodies struggle to carry out mandates, but they also face deep resistance from police.

“There are only 10 functional PCAs, and 18 states have set up PCAs only on paper. Delhi doesn’t even have a PCA, and the new Police Acts are so retrogressive that the Police Act of 1861 was better,” said Navaz Kotwal, co-ordinator, police reforms programme, Commonwealth Human Rights Initiative, which organized the conference. She also said these bodies had been compromised in terms of composition, mandate, selection process and lack of funding.

Chairpersons and members of PCAs, police leadership, and members of civilian society discussed measures to strengthen the complaints process, so that the established bodies can effectively address police misconduct and the lack of accountability. The chairperson of the Tripura PCA said their recommendations were not binding, while the chairperson on the Union Territory of Chandigarh PCA said their recommendations were binding, but not implemented. Members of civil society said participation of serving police officers, and retired police and IAS officers, also threaten the legitimacy of these bodies.

Source: Times of India

How to file a complaint against Police Officer

The Supreme Court, in 2006, had passed a landmark judgment directing all state governments and the Union government to reform the way police forces function all over the country. One of the directives was that police complaints authorities (PCAs) should be set up in all states. The intention was to make the police accountable for their actions.

The court directed the setting up of both state level and district level police complaints authorities so that they would be easily accessible for all. This was to ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA and complaints against officers of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.

This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.

According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.

What can you complain about:
You can complain about any serious misconduct by the police to the state PCA. Serious misconduct is any act or omission by a police officer that leads to or amounts to:

• death in police custody;
• grievous hurt sustained whilst in custody; and
• rape in police custody.

If a district PCA exists in your area, you can complain to them for the above cases as well as cases of:

• Extortion by a police officer;
• Land/ house grabbing by a police officer; and
• Any incident involving serious abuse of authority by a police officer.

Who can lodge a complaint:
In most cases, the PCA can enquire into allegations of serious misconduct against the police on its own or when it receives a complaint from:

• A victim or a person complaining on his behalf; this could be a friend or a family member;
• Any person who has witnessed any misconduct being committed by the police; and/or
• Any other source.

How you can file a complaint:
A person wishing to file a complaint with the Authority should first contact the PCA office to obtain the prescribed format if any. Till date, with the exception of Orissa11, none of the authorities that are functioning have specified any particular format. A sample template form is included in Annex III of this booklet. The person can put the complaint in writing and send it by post or fax or submit it in person. The complaint should be made as soon as possible after the incident. The complaint should be in writing and must include:

• Your Name;
• Your Address; and
• Your Contact details/ Phone numbers.

You then need to say:

• What happened;
• When it happened;
• Who you are complaining about, which includes the name and designation of the police officer;
• What was said or done;
• Whether anyone else was there whilst the incident happened (witnesses) and how to contact them (if you know this); and
• If you were hurt or if anything got damaged.

Some important and relevant documents which will add weight to your complaint can be attached along with the complaint. These documents can be:

• Medical report or any certificate issued by a doctor disclosing the nature of injuries;
• Photographs showing injuries;
• Any prior complaints lodged before the police or any other forum and evidence which shows that no steps have been taken on these complaints;
• Proof of daily diary entry (DDE); and
• Any other evidence

If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted, as well as a date stamped receipt with you as a record. If you send your complaint by registered post, always ensure to send it by registered post AD. The acknowledgment received will give you proof of your application being sent and received by the Authority.

What happens to the complaint:
For the purpose of the examination of the complaint/witnesses, the Authority has all the powers of a civil court which include:
a) Summoning and enforcing the attendance of any person and examining him under oath;
b) Requiring the discovery and production of any public document;
c) Receiving evidence on affidavit;
d) Requisitioning any public record or copy thereof from any court or office;and
e) Any other matter which may be prescribed.

What can the Authority do:
After a careful review of all the evidence obtained during the investigation, the Authority will deliver a written order. It could be dismissal of the complaint on the following grounds:

• The complaint fails to meet the mandate of the Authority;
• Litigation regarding the subject matter of the complaint is already pending in a court of law; and/or
• There is insufficient evidence to support the complaint.

If, on the other hand, the enquiry establishes the misconduct of the police officer involved, the Authority shall make recommendations to the concerned Authority or the state government that:

• Internal disciplinary proceedings be initiated against the police officer if he is found in breach of discipline or when an offence is made out;
• An FIR be registered if the police officer is found to have committed an offence; and
• Any other recommendation according to the facts and circumstances of the case.

In some cases, an FIR and disciplinary enquiry may both be ordered if required.

What of you don’t get a fair hearing:
At any stage during the proceedings before the PCA, if:

• any of the parties (the Respondent or Complainant) feel that they have not got a fair hearing based on principles of natural justice; and/or
• a decision is reached which negates the principles of natural justice,

The party concerned may seek a review of the hearing and/or decision by invoking the writ jurisdiction of the High Courts under Article 226 of the Constitution of India. The principles of natural justice include the notion of procedural fairness and may incorporate the following guidelines:

• A person who makes a decision should be unbiased and act in good faith. He therefore cannot have an interest in the case or the outcome;
• The person who is likely to be affected must be notified of the charge against him/her;
• Proceedings should be conducted so they are fair to all the parties – expressed in the Latin maxim audi alteram partem: “let the other side be heard”; and
• The parties have a right to a “reasoned judgement”- the deciding Authority should give the logic behind arriving at a decision.

If none of these remedies work, you can file a writ petition in the High Court of your state asking it to direct the police to register an FIR.

The other “allied institutions” which can be approached, wherever applicable, are:

• National or State Human Rights Commission;
• National Commission for Women; and
• National Commission for Minorities.

PROTECTION OF RTI USERS

ARTICLE BY Mr. Shailsh Gandhi.

Note on Steps to deter Attacks on RTI activists
The Right to Information Act, 2005 (RTI Act) was enacted to “promote transparency and accountability in the working of every public authority” and to “contain corruption and to hold Governments and their instrumentalities accountable to the governed”. The Act sets out the practical regime, by which citizens may enforce their fundamental right to information by securing access to information under the control of public authorities. Unfortunately, in the recent past, those seeking information under the RTI Act are coming under increasing acts of retribution. There has been a continued spree of attacks on RTI activists across the nation, some of which have been fatal. The basic objective of these attacks is to silence the seeker of information, and ensure that corruption or wrongdoings are not exposed. A dangerous nexus has been formed amongst the corrupt to silence the RTI crusaders.

Demanding information, especially at the grassroots, is often met by intimidation and reprisals. Many citizens face grave physical assaults on a regular basis. Several threats and attacks including murder do not even make news. The police response is often not adequate. When Parliament enacted the RTI Act, it could not have envisaged that the process of achieving transparency and accountability in the Government machinery would result in attacks of retribution and even death. Necessary steps now need to be taken to protect such citizens who seek to protect our democratic ideals.

As a body which is set up for the purpose of safeguarding the citizens’ fundamental right to information, the Information Commission has a responsibility to take measures to protect RTI users. I am outlining below, how RTI users and the Commissions could work together to reduce the danger of assaults and murder of RTI users:

1. When a RTI applicant is physically assaulted he, or someone else should immediately file a complaint under Section 18 to the concerned Information Commission.

2. Such a complaint should give details of the attack, hospital and police reports, and details of the RTI applications, which may have been the cause of the attack and list of pending RTI applications.

3. Since the physical assault or murder is prima facie alleged to be in relation to the information sought, the communication received by the Information Commission must be registered as a Complaint under Section 18(1)(f) of the RTI Act.

4. The Information Commission should enquire into the matter vide its powers under Section 18 of the RTI Act within two weeks.

5. On completion of enquiry, where the Information Commission is of the view that the physical assault or murder was in relation to the information sought by the RTI applicant, it shall pass the following directions:

a. As per Section 19(8)(a)(iii) of the RTI Act, the Information Commission has the power to require the public authority to take steps necessary to secure compliance with the RTI Act including – publishing certain information or categories of information. Further, Section 8(2) of the RTI Act states that even where disclosure of information is protected by the exemptions under Section 8(1) of the RTI Act, if public interest in disclosure outweighs the harm to such protected interests, the information must be disclosed under the RTI Act.

It follows that where information sought by a RTI applicant was of such nature that it led to his physical assault or even demise, it may be presumed that there must be significant public interest in its disclosure in public domain. Further, by allowing disclosure of such information, it may deter attacks on information seekers which would also serve a greater public interest as spelt out in Section 8(2) of the RTI Act. However, notwithstanding the above, it must be recognised that sometimes disclosure of such information may prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation to foreign State or lead to incitement of an offence, which is exempted under Section 8(1) (a).

In view of the same, the Information Commission should direct the public authority to publish all the information sought by the RTI applicant, on the website of the department under Section 19(8)(a)(iii) of the RTI Act. Such disclosure would be in furtherance to Section 8(2) of the RTI Act subject only to the exemption contained in Section 8(1)(a) of the RTI Act. Such a direction should normally direct that the information should be displayed on the website in less than four weeks.

b. Section 4(1)(b)(xvii) of the RTI Act obligates a public authority to publish such other information as may be prescribed. In view of the same, the Information Commission can also direct the relevant police/ investigation department to publish on a monthly basis the action taken regarding the investigation of the physical assault or murder of the RTI applicant.

6. It is relevant to mention that where physical assault or murder of a RTI applicant is reported, but no person is complaining to the Information Commission, in such cases also, the Information Commission could direct as follows:

a. Under Section 4(1)(b)(xvii) of the RTI Act, direct the public authority to publish all the information sought by the RTI applicant, on the website of the department.

b. Under Section 4(1)(b)(xvii) of the RTI Act, direct the relevant police/ investigation department to publish on a periodic basis the action taken regarding the physical assault or murder of the RTI applicant

I believe that by adopting the above guidelines, attacks on RTI activists may be deterred fairly effectively. If the purpose of the attack on the RTI user was to stop the release of information being sought by him, an attack would ensure release of such information on the websites. After some time criminals would realise that an attack on a RTI user would be counter-productive, since it would lead to a release in public domain of the information which they wish to hide. The Commission asking police to give details of the investigations monthly would also put pressure on the police to work diligently and speedily. This could offer significant protection to RTI users, if Commissions pursue this path. It would be useful if various State Commissions pass resolutions on the lines of the one passed by the Central Information Commission.

Shailesh Gandhi

Letter to The Hon’ble Prime Minister, Government of India

To,

The Hon’ble Prime Minister,

Government of India
South Block, Raisina Hill,

New Delhi-110001

           

Sub: For investigation and necessary action, on a case of attack on Mr. Dhuda Ram RTI Activist in Rajasthan.

Respected Sir,

We sincerely hope you can spare a few minutes of your valuable time to read this letter personally because it is very serious matter of attack on RTI Activists rising everyday in Rajasthan due to the absence of rule of law.

We, the Concerned Citizens, RTI activists and representatives of Gyan Lakshay (NGO) belonging to Delhi bring to your kind notice to the media news seeking your urgent intervention to stop the atrocious acts and the shameless crime against humanity and remedial justice.

As you are aware on February 2, a 65-year-old Mr. Dhuda Ram Right to Information (RTI) activist who was working to expose irregularities in the rural jobs scheme MGNREGA in Rajasthan is battling for life at a private hospital (Jaipur) here after being attacked by miscreants. What protection do whistleblowers have in the Rajasthan?

Gyan Lakshay (NGO) condemns all forms of violence, in particular, violence which hurdle democratic processes by the goons, in a variety of ways, especially by the use of violence – direct, sponsored or tacitly supported.

               We, the Concerned Citizens and representatives of Gyan Lakshay (NGO) demand that an enquiry should be instituted under a sitting Judge of the High Court of Rajasthan to investigate all aspects and expose all the forces behind this unacceptable and reprehensible attack on RTI Activist in the Rajasthan to give exemplary punishment to all those directly and indirectly involved to ensure that such shameful incidences never occur again.

Jai Hind.

With regards,

Secretary, Gyan Lakshay (NGO)