Thursday, August 28, 2014

BANARAS CONVENTION {PART - 1}

Saturday, April 19, 2014

The need of the hour is to create new dynamics and debate within India: Lenin Raghuvanshi

We had a strong Dalit movement before formation of RSS in 1925. We have saints like Kabeer, Raidas who were an epitome of our syncretic, plural and tolerant Indian culture. Hindutva has nothing to do with Hindu religion per se. The Hindutva ideology was a manifestation of British colonialism. The greatest ideologue of RSS Guru Golwalkar himself advised RSS cadres not to fight against the British occupation. They have an expansionist ideology. On one hand they are exploiting the dalits and on the other they are attacking other nationalities. They are even unhappy with me as I am fighting against casteism that forms a fundamental feature of their ideology. But the unfortunate part of the whole matter is that now major political parties are influenced by Hindutva ideology. http://thekashmirscenario.com/prominent-activist-co-founder-peoples-vigilance-committee-human-rights-pvchr-lenin-raghuvanshi-conversation-mushtaq-ul-haq-ahmad-sikander-early-life-influences-work-h/

Prominent Activist and Co-Founder Peoples Vigilance Committee on Human Rights (PVCHR), Lenin Raghuvanshi in a conversation with Mushtaq Ul Haq Ahmad Sikander, about his early life, influences, work, Hindutva and future plans
Tell us something about yourself?
I was born in plural family. Each member was different from another, yet they lived under one roof. My Grandfather was Gandhian, but there was contrast in him as he was a socialist and atheist too. My grandmother was religious. My father initially joined RSS, but Grandmother told him that the uniform black cap of RSS is anti-Hindu. Then my dad became a communist, but he is still religious. There was always an ideological tussle going on between my grandparents and parents. My Grandfather wanted me to be a Gandhian and my Father wanted me to become a communist. Hence this tussle gave me an exposure to varied shades of opinion since my childhood. Later on I self studied various philosophies, ideologies and religions, and five great people influenced my life and thoughts particularly and they include Prophet Jesus (pbuh), Prophet Muhammad (pbuh), Karl Marx, Buddha and Dr.B.R Ambedkar. I grew up in the Eastern part of Uttar Pradesh (U.P) that has nationalist links with mainstream India. Though in certain parts of U.P, RSS and Congress type mentality also prevails. But I envisage that we create different nations within India, as India has the potential for tolerating many sub Nations.
What is your educational background?
I studied Indian Medicine system at a Gurukul Kangri in Haridwar.
Keeping in view your professional education background, how were you inclined towards activism?
As I stated earlier that my father wanted me to become a full time Communist Party worker, but I wasn’t inclined to it whole heartedly. In 1989, I joined United Nations Youth Organization and started my activism with that. In 1993 I came to head its U.P chapter. In the same year we started Bachpan Bachao Aandulan (Movement for saving childhood). During that movement, I witnessed that there were no child laborers from upper caste people. Meanwhile I also got married in 1992, and my spouse also helped me in my activism and believed in my work.

So when and what reasons led to the establishment of Peoples Vigilance Committee on Human Rights (PVCHR)?

In 1996, I along with my wife Shruti founded the PVCHR. It is a community based organization, to break the closed, feudal hierarchies of conservative slums and villages by building up local institutions and supporting them with a high profile and active human rights network.  The caste based violence, exploitation of poorer sections of the society and the marginalization of Dalits and Adivasis led to the establishment of PVCHR.

What kind of activities does PVCHR engage with?
We work against the Caste system and the structural prejudice associated with it. We work for the reconciliation among communities. We are also working for making the environment conducive for Truth and Reconciliation. We are initiating a discussion about democracy and human rights in the cow belt. Presently we have more than fifty thousand members and in more than four hundred villages we are carrying out our activities.
So did your efforts help in bringing any Positive change?
Yes, there is a lot of change in more than two hundred villages. Since 2000 there has been no communal violence in Banaras, heart of the cow belt. Many religious leaders have united against Hindutva Fascism. The Mushar community has become confident and an indigenous leadership has evolved among them. 2/3rd Dalits, Muslims and OBCs are elected members in Governing Board of PVCHR from 2010.
Do you face any threats or intimidation regarding your work?
Yes the threats and intimidation tactics are very common, both by State and Non State actors.
Is PVCHRs particular focus presently on torture victims?
Yes, we are strongly focusing on the victims of torture. Since 2008 we are using Testimonial Therapy developed by PVCHR and Danish Organization Research and Rehabilitation center for Torture Victims (RCT) for the survivors of torture, in order to make them overcome the aftermath trauma associated with torture. Our testimonial Therapy model are using by partners of RCT in Srilanka, Cambodia and Philippines.
You have been talking and writing about what you call as the “Culture of Impunity” as prevalent in India. What does this Culture of Impunity mean?
Peace without Justice and suffering in silence is culture of impunity. Our constitution is modern but the rules are colonial. The Police Act 1861, can be a reference point. It was implemented by the British in India after the 1857 mutiny. It was anti India in its connotations and stature, but still there has been no change in it despite the fact that British left India in 1947.
So how to Fight and Resist against this culture of impunity?
The culture of impunity breaks humans. During the freedom struggle Muslims were fighting alongside with other communities, but where are they now? This culture of impunity has wrecked much harm and is responsible for numerous atrocities against minorities, dalits and adivasis. It helps the guilty, culprits and perpetuators of these atrocities go scot free. We still have draconian laws like Armed Forces Special Powers Act (AFSPA) imposed on various parts of India, where the security forces have committed grave human rights abuses because of this blanket culture of impunity. We must educate, organize and agitate against this culture of impunity. We must be able to provide Psycho-Social support to the victims. Then there is a need to create debate about this culture of impunity. For Justice to be established we need to tell the truth and put up the facts before the people.
What is your opinion about the Hindutva fascism and their suppression of minorities?
We had a strong Dalit movement before formation of RSS in 1925. We have saints like Kabeer, Raidas who were an epitome of our syncretic, plural and tolerant Indian culture. Hindutva has nothing to do with Hindu religion per se. The Hindutva ideology was a manifestation of British colonialism. The greatest ideologue of RSS Guru Golwalkar himself advised RSS cadres not to fight against the British occupation. They have an expansionist ideology. On one hand they are exploiting the dalits and on the other they are attacking other nationalities. They are even unhappy with me as I am fighting against casteism that forms a fundamental feature of their ideology. But the unfortunate part of the whole matter is that now major political parties are influenced by Hindutva ideology.
You have also been writing that caste based structural biases and violence is embedded in our system. How do you explain the same?
During childhood days my grandma used to tell me, not to eat while facing south, neither sleep keeping your legs in the direction. Elderly in the village said not to visit southern quarter of the village. Since childhood I used to wonder what the secret of this word ‘Dakhkhin Tola’ (south ghetto) is.
As I grew up, started reading, started social activism, fought for the rights of bonded labours and traveled across the globe then I realized that in the south of every village there is South Africa (a Dalit quarter ) as ‘culture of silence’.
The silence imposed by draconian suppression sanctified by religious rituals of the Upper Caste was such that the outside world knew little about this colossal cruelty. Justice V.R.Krishna Iyer, former Judge, Supreme Court of India described the plight of the Dalits in the following words, “Courts to them are alien, laws their enemy and human justice their despair.”

The caste system continues to determine political, social, and economic lives of a billion people in South Asia. The caste system, straddling across the scrawny shoulders of the Untouchables, is like that Old man in Tolstoy’s story, who has all the sympathy for the poor bearer and would like to do anything but to get off his shoulder. The most significant aspect of caste is its ability to resurface without a trace of remorse on the part of the perpetrator. It is like that chemical addiction which once had makes you vulnerable to its guiles forever.
American modern conservative thinker Edmund Burke says correctly about India many years before, “In that Country the law of religion, the laws of the land, and the law of honour, are all united and consolidated in one, and bind a man eternally to the rule of what is called his caste.”
Traditional political system and  Hindu fascist forces are trying hard to maintain the old system of the power game. Money and muscle power, together with political string-pulling, often result in denial of justice for the hapless ‘have-nots’, especially the Dalits (untouchables), ravaged by poverty and illiteracy.
Atrocities and extortion on the Dalits, fake encounters, refusal to register complaints against the well-heeled, arbitrary arrests on false charges, illegal detention and custodial deaths are in commonplace.
In the absence of a modern social audit system, the keepers of the law often unleash a ‘police raj’, especially in rural India. A crippled National Human Rights Commission and its state subsidiaries with limited recommendatory control and a dysfunctional Legal Aid System depict a gloomy picture indeed.
Ironically, even after having shed the colonial yoke, its legacy continues in the administrative framework of our independent India marked with widespread corruption which has rendered many government-sponsored schemes in rural India a failure.
You have also written that Indian police has learnt the tactic of Community Punishment from caste system. How can these two be related?
You can witness this fact in India. If an upper caste person commits a crime, if ever he is punished, he will bear it solitarily. But if a lower caste person commits any crime the whole community will be punished for one man’s deeds. The Police have learnt community punishment from casteism. Also see how the Caste and Class structures are reinforced by the state machinery. Why are the regiments named on caste and class denominations like Rajputana, Dogra etc, whereas such amalgamations are contradictory to the constitution?
The Police atrocities against common people particularly the marginalized sections of society are growing with each passing day. What are the reasons responsible for that?
Police is the prime executive for the protection of Human Rights of common people. But in India the mindset of Police as inculcated by 1861 Police Act is synonymous to the British period when the Police saw all Indians as enemies. Even after Freedom Indian police witnesses citizens as its enemies. Hence the police reforms are must. We also need representation of minorities and marginalized sections of society in the police in order to change its outlook, bias and perception about them.
In most cases where the Police is found guilty of committing atrocities against the innocent civilians, we witness that they usually go scot free, while the innocent continue to suffer?
The prevalent culture of impunity is responsible for the guilty policemen going scot free. In Crpc and AFSPA the police and army have got the legal impunity that makes their persecution or punishment impossible.  We want to amend and remove these draconian laws. Armed Forces Special Power ordnance was imposed by the British colonial administration to crush the Quit India Movement that started in 1942, but even after Freedom Indian State implemented more draconian law as Armed Forces Special Power Act(AFSPA). Indian State is still not ready to pass the Anti Torture Bill. How can in such an environment you hope for policemen to be punished. These black laws create problems for National integration. We need to fight the mindset that is obstructing the amendment or revocation of these draconian laws, under the veil of National interests and sovereignty.
The growing corporatization is having severe ramifications on Nation Building and integrity. How can we resist this onslaught?
We need to strength the Neo Dalit movement. Neo-dalit campaign is against politics of division, exploitation and hatred with an alternative of unity of broken masses on base of reconciliation, democracy, secularism and non violence. First unity is unity against caste system, a historical system of exclusion i.e. unity among the lower castes people that have been suppressed since centuries with the progressive anti-caste people born in upper caste. This will be first of its kind unity, which will not be against any person born in to upper caste communities neither against any religion. Second unity is unity among minorities and communities who suffered with communal fascism, those who believe in communal harmony and people with secular values against neo-fascism. Unity of all poor from all communities against the suffering with neo-liberal policy is the third kind of unity. Fighting against neoliberal policy is not against democratic capitalism for people. Since those broken with different kinds of suppression and exclusion means dalit therefore these three kinds of unities is base of impart the neo-dalit movement. These three need to join hands and unitedly fight against the menace of corporatization based on exclusion, anti-people and anti-environment norms. We are opposing the corporatization whereas attacking cultural imperialism too, and trying to build pressure on Government through people demand for more budget on social structure such as education, health etc . If we will not fight against corporatization, they will make the country and people slave to their corporate goals.
Given your busy activist schedule, how do you balance that with your personal family life and its demands?
My wife Shruti is also an activist, while our son Kabeer is an independent child. We still live together in a joint family and I visit my parents when I find time.
So what are the future plans of PVCHR?
We are going to work in Kashmir, not for political negotiations or for solving Kashmir issue. We want to meet the victims and survivors of torture. We want to ask for pardons for the atrocities committed by the Indian State, and start reconciliation with people of Kashmir. We also want to offer psychological support to the victims of torture through Testimonial Therapy.
Any message for people?
The people must believe in themselves. The need of the hour is to create new dynamics and debate within India. The people musty make alliances with Dalits, Anti-Hindutva Movement and other marginalized people. The debate about Kashmir must be initiated within Indian particularly the cow belt, and it is obligatory on Kashmiris to change the mindset of the inhabitants of cow belt as far as Kashmir and other issues are concerned.
Lenin Raghuvanshi can be reached at pvchr.india@gmail.com


Mushtaq Ul Haq Ahmad Sikander is Writer-Activist based in Srinagar, Kashmir and can be reached at sikandarmushtaq@gmail.com

Monday, February 03, 2014

‘প্রভাবদুষ্ট রাজনীতি বাংলাদেশে ন্যায় বিচার প্রাপ্তিতে বড় বাধা’


Our Founder and CEO Lenin Raghuvanshis' interview published in the Manab Zamin (Bengali: মানবজমিন "People's Land") which is a major daily tabloid newspaper in Bangladesh, published from Dhaka in the Bengali language. It is the first and largest circulated Bengali tabloid daily in the world, with monthly website hits of 3,270,000. 590,000 visitors from 179 countries from all over the planet visit the web site every month, making it one of most visited Bengali-language online publications worldwide. The newspaper is also the only Bangladeshi newspaper to boast credentials and affiliations with FIFA, UEFA, and the English Premier League. It has also partnered with Sony Pictures and Warner Bros. in publicity for Hollywood productions, including Batman Begins, Superman Returns and Casino Royale.


About newspaper:

‘প্রভাবদুষ্ট রাজনীতি বাংলাদেশে ন্যায় বিচার প্রাপ্তিতে বড় বাধা’




জাকারিয়া পলাশ | ৩ ফেব্রুয়ারি ২০১৪, সোমবার, ২:৩২ | মতামত: ১ টি
ভারতীয় মানবাধিকার কর্মী লেনিন রঘুভানসি বলেছেন, বিচারবহির্ভুত হত্যাকান্ড, রাষ্ট্রীয় বাহিনীর নিষ্ঠুর নির্যাতন, সংখ্যলঘুদের উপর হামলা, দুর্নীতি- সব মাপকাঠিতেই ভারত ও বাংলাদেশের মানবাধিকার পরিস্থিতি প্রায় একইরকম। অর্থ ও পেশীশক্তির প্রভাবদুষ্ট রাজনীতি প্রান্তিক মানুষের ন্যায়বিচার প্রাপ্তির বড় বাধা হয়ে দাঁড়িয়েছে। শিক্ষাবঞ্চিত, দরিদ্র, নি¤œবর্ণের যেসব মানুষ সহায়হীন তাদের জন্য অভিশাপ হয়ে দাঁড়াচ্ছে এই অবস্থা। নৃশংস হামলা ও চাঁদাবাজি, কথিত ক্রসফায়ার, ক্ষমতাবানদের বিরুদ্ধে মামলা বা অভিযোগ গ্রহণে অস্বীকার, মিথ্যা অভিযোগে গ্রেপ্তার, বেআইনি রিমান্ড এবং পুলিশি হেফাজতে মৃত্যু এখন নৈমিত্তিক ঘটনা এই দুই দেশে। বিচারবহির্ভূত হত্যা বন্ধে সরকার ও গণমাধ্যমের পক্ষ থেকে ক্রসফায়ারের পক্ষে প্রচারণা বন্ধ জরুরি বলেই মত দেন তিনি। সাউথ এশিয়ান নেটওয়ার্ক এগেইনস্ট টর্চার এন্ড ইমপিউনিটির (শান্তি) কো-অর্ডিনেটর লেনিন রঘুভানসি। ই-মেইলে পাঠানো প্রশ্নের জবাবে মানবজমিন অনলাইনকে তিনি বলেন, ভারতের উভয় প্রান্তে নিরীহ মানুষের মৃত্যু হচ্ছে। সীমান্ত এলাকায় ভারতীয় আধাসামরিক বাহিনীর মনোভাব হচ্ছে ‘বড়’ ভাইয়ের মতো। গণমাধ্যমের তথ্য অনুসারে নিরাপত্তা বাহিনীর সদস্যদেরকে খুব কমই দায়ী করা হয়েছে এমন সাজানো হত্যাকান্ডের পর। গণমাধ্যমের স্বাধীনতা প্রসঙ্গে তিনি বলেন, নামে মাত্র গণমাধ্যমের স্বাধীনতা আছে। কিন্ত প্রেস এখন বণিকদের করায়ত্বে থাকায় তা কাজে আসছে না। উড়িষ্যাসহ বিভিন্ন স্থানে অধিকাংশ খবরের কাগজ রাজনৈতিক দলের প্রতিনিধিত্ব করছে। সীমান্ত হত্যা খুবই গুরুত্বপূর্ণ বিষয় হয়ে দাঁড়িয়েছে। উত্তর প্রদেশের মানবাধিকার সংগঠন পিভিসিএইচআর-এর প্রতিষ্ঠাতা ও প্রধান নির্বাহী লেনিন আরও বলেন, বিচার না হয়ে অপরাধীদের দায়মুক্তি পেয়ে যাওয়ায় সাধারণ মানুষের মনে আইন মেনে চলার প্রতি অনিহা সৃষ্টি করছে। আইনের শাসনের বিচ্যুতি মানবাধিকার কর্মীদের কাজকে করে দিয়েছে কঠিন। মানবাধিকার রক্ষায় সক্রিয় নারী কর্মীরা শুধুমাত্র লৈঙ্গিক কারণে বাড়তি ঝুঁকির মধ্যে রয়েছেন। নারী মানবাধিকার কর্মীদের নির্যাতন ও হয়রানির ঘটনা এখনও মানবাধিকার লঙ্ঘন হিসাবে বিশেষায়িতই হয়নি। তারা তাদের পুরুষ সহকর্মীদের কাছ থেকেও কার্যকর সহযোগিতা থেকে বঞ্চিত হচ্ছেন বলে তিনি উল্লেখ করেন।

Friday, January 10, 2014

Trend of rising torture based on religion, caste and gender trigger a sense of alarm


"In ancient republics, torture was tied to citizenship. Torture was inflicted exclusively on non- citizens like slaves, barbarians and foreigners. As an instrument of demarcation, torture delineates the boundary between slaves and free, between the touchable bodies of free citizens and untouchable bodies of the slaves. It is unimaginable that modern democracies like India are as weak as Athenian democracy and the prevalence of practice of torture resemble the Athenian model. Today torture victim include not only terrorists and criminalsbut street children, migrants, socially marginalized group s and religiously discriminated communities. All of them now fall into the class of quasi citizens. It is time to break conspiracy of silence."

Friday, December 27, 2013

Fighting caste discrimination



Caste is one of India’s most enduring institutions and still retains its hold on Indian society. For those not fortunate to be born in the higher echelons of the caste hierarchy, life can be difficult indeed. Despite government efforts, caste discrimination is still rife, and low-caste Indians have to bear the brunt of poverty, illiteracy and violence. Lenin Raghuvanshi is in the forefront of the fight against caste discrimination, to ensure a just and equal society.

Raghuvanshi is the founder of the People’s Vigilance Committee on Human Rights (PVCHR), which fights for the rights of marginalized people in several North Indian states, especially in the area around Varanasi in Uttar Pradesh.

Raghuvanshi was born in an upper caste family, which he describes as “feudal”. He got a bachelor’s degree in ayurveda, modern medicine and surgery from the State Ayurvedic College in Haridwar. But the social inequities that faced India made him take up the cause of bonded labourers. This is when he noticed that not a single bonded labourer came from the upper caste, and realised that the problem was essentially caste.

In 1996, Raghuvanshi founded PVCHR to fight the caste system. He works to ensure basic rights to vulnerable groups like children, women, Dalits, tribes and minorities. Raghuvanshi and his team works at the grassroots level in Varanasi and around 200 villages in Uttar Pradesh and five other states. PVCHR works to eliminate situations that give rise to the exploitation of vulnerable and marginalized groups, and to start a movement for a people-friendly movement (Jan Mitra Samaj) through an inter-institutional approach.

Raghuvanshi has his task cut out for him since the lot of Dalits and other oppressed minorities continues to be dismal. “In the past, if anyone from the lower caste breached the unwritten law of caste hierarchy, the person would be beaten up in public. Now the person will be shot dead and the village burnt down and the women raped. A bridegroom riding a horse during his wedding, an enterprising peasant digging a well on his land, if a boy falls in love with a girl – do you kill them? Yet, if they belong to the Dalit caste they are killed. We still say that there is rule of law in India,” he said in his acceptance speech while receiving the Gwangju Prize for Human Rights.

He is also concerned about the plight of women and children in this country. “India is still very much a patriarchal and caste-based society with gender discrimination. The destructive effects of gender discrimination, patriarchal oppression and the semi-feudal society so prevalent in 21st century India are manifest in our 55 million children, employed at times in subhuman conditions,” he says in a newspaper interview.

Raghuvanshi received the Gwangju Human Rights Award in 2007. He was made an Ashoka Fellow in 2001 and was presented the International Human Rights Prize of the City of Weimar (Germany) in 2010. Raghuvanshi once said to a newspaper that caste discrimination is so rife in Bundelkhand that a Dalit has to take off his chappal and hold it in his hand if a person belonging to the Thakur caste approaches. It’s not something that would make us proud.
How can you Help?
Caste approaches is not something that would make us proud 



Contact details of the NGO/Institution

Name :  Lenin Raghuvanshi 
Email ID  lenin@pvchr.asia
Contact Number :  9935599333
Address  PVCHR Varanasi, Uttar Pradesh 

Saturday, September 07, 2013

State of impunity: nexus of corrupt officials and anti-women suspect criminal in India

We want that NHRC should summon me, Shruti, Police Officials and Sunil Gupta before a full-bench of commission and start proceedings. The Commission should strengthen its Human Rights Defender Desk. Investigations should be carried out after filing the First Information Report on the threats received on 20 December, 2012 and 16 January, 2013 and compensation should be given to the mentally tortured victim,; Sapna and other human rights workers. The whole case should be handed over to Central Bureau of Investigation (CBI) for freed and fair investigation and action should be taken against the police officials responsible for injustice under section 166A of Indian Penal Code.

Monday, September 02, 2013

PVCHR: Face of Human Rights initiative in India

PVCHR: Face of Human Rights initiative in India: I am unsatisfied with Human Rights Defender desk of NHRC. Please read our urgent appeal on 25 January 2013. I wrote to NHRC. http://...

Thursday, June 20, 2013

My statement before my death


The accused of this case is police officials. On 16th June, 2013 the police official who came to my house said that now police are investigating your case under section 307 (attempt to murder) and after few days we are going to investigate a case under section 309 (suicide)of the IPC. If you are not helping us in making compromise with Bhageran Mahto. 


The police gave me this information in threatening way and already yesterday I mentioned in the letter sent to NHRC and other concerned authorities. http://www.pvchr.net/2013/06/fake-case-against-lenin-raghuvanshi-and.html

Sunday, March 31, 2013

Lenin Raghuvanshi - Biography and facts

Lenin Raghuvanshi - Biography and facts

Invitation to the Independent People’s Tribunal on Police Torture Against Muslims


Invitation to the Independent People’s Tribunal on Police Torture Against Muslims


People’s Vigilance Committee on Human Rights (PVCHR) in collaboration with Human Rights Law Network (HRLN) is holding an Independent People’s Tribunal on Police Torture against Muslims in Uttar Pradesh. The event is scheduled to take place on April 3 and 4, 2013 at Kamesh Hut Hotel in Varanasi http://www.facebook.com/pages/Hotel-Kameshut/130647003789586?notif_t=fbpage_fan_invite
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The specific objective of this event is to highlight and present a systematic account and assessment of the incidences of gross human rights violations suffered by the members of Muslim minority in the districts of Varanasi, Moradabad, Aligarh, Chandauli and Meerut in Uttar Pradesh.

Human rights groups have reported multiple cases of discrimination by police against Muslims within Uttar Pradesh. According to National Human Rights Commission’s statistics of 2009, over 50 per cent of the complaints of human rights violations is originated from Uttar Pradesh. Human rights organisations and other civil society groups working within Uttar Pradesh have shown increasing concerns on shocking and violent behavior of the state agencies, specially the atrocities and abuses by the police towards the marginalized unprotected sections of the society, particularly the Muslim minority in the state. Use of abusive language and ill treatment seems to have become a common practice on the part of the police whenever any member of Muslim community approaches them for justice. Muslims are victimized and targeted during the communal riots. They suffer due to the partisan attitude of the police towards them.

The people’s tribunal will consist of seven-member panel of prominent judges, academicians, former police officials in front of whom the victims would provide necessary testimonies about their cases. A total of 40 cases will be deposited along with the testimonies of 4 experts on the topic. We would be delighted if you could collaborate as a partner in this event.

Sincerely Yours


Lenin Raghuvanshi
Executive Director
Peoples’ Vigilance Committee on Human Rights

Mathew Jacob
Assistant Director
Human Rights Law Network

Concept Note

Background and Objective of the Independent People’s Tribunal
Uttar Pradesh is most populous state of India. The fourth largest state in terms of people living below poverty line, Uttar Pradesh constitutes more than 30 percent of the total population. In recent years, the state has acquired the dubious distinction of having most repressive administrative set-up which is well demonstrated by increasingly higher incidents of human rights violations. According to National Human Rights Commission’s data of 2009, over 50 percent of the complaints of human rights violations originated from Uttar Pradesh. Human rights organizations and other civil society groups working within Uttar Pradesh have shown increasing concerns on shocking and violent behavior of the state agencies, especially the atrocities perpetrated by the police on the vulnerable, marginalised and unprotected sections of the society, Particularly Muslim minority community.
There are mass scale violations happening in UP which include torture in custody, rape, extrajudicial killings, more often on flimsy grounds. This is the situation despite the fact that the state has a legally empowered State Human Rights Commission to protect the liberty and dignity of the people. Such violent behavior or violation of individual right to life and liberty as guaranteed under the constitution of free India is often justified to maintain law and order in the society, security or in the guise of tackling terrorism.

Muslims constitutes 18.5% of the population of Uttar Pradesh where they are the principle minority group. Muslims have not only suffered discrimination in social and economic development process historically but with the “tag of terrorism” in recent years they have also been subjected to worst forms of repression all over. The problem is exacerbated by the fact that innocent Muslims today not only fall victims of communal rioting but also suffer due to the biased attitude of the state agencies. Muslim victims are given selective treatment on their complaints and thereby denied the right to be treated equally getting equal protection before the law. Their rights, freedom and dignity are denied everyday just because they happen to belong to a particular religion.

The need to ensure dignity and justice to minorities in the state has motivated the human rights organisations, civil society groups, legal experts, and academicians to come together to a public platform to voice their concerns. With this objective the People’s Vigilance Committee on Human Rights (PVCHR), and Human Rights Law Network (HRLN) have joined hands to hold an Independent People’s Tribunal on April 3 and 4, 2013 in Varanasi with support of EU-JMN initiative for reducing police torture against Muslim Minority . The specific objective of this event is to highlight and present a systematic account and assessment of the incidences of gross human rights violations suffered by the minority Muslim community in the districts of Varanasi, Moradabad, Aligarh, Chandauli and Meerut in Uttar Pradesh. It is part of the systematic inquiry that seeks to identify and understand the patterns, its practices and the participants in the process of continued violation of human rights and discrimination against and torture of Muslim community members at the hands of state agencies like police.

Human rights groups have reported numerous cases of discrimination by police against Muslims within Uttar Pradesh. In fact, people of Muslim community pass through a physical and mental trauma on a daily basis. Any act of terrorism brings enormous amount of stress and misery for ordinary Muslims because they are the ones who become the prime suspects. It is not only the state police which targets them but even common people tend to look at Muslims with suspicion. Today a large number of Muslim youths are being trapped in bogus cases under a planned conspiracy. Several media reports expose the fake encounters or extra judicial killings where Muslim youth were reported to be killed. Even the state treats its Muslim citizens vindictively. Talking to any Muslim youth on the bylanes of any city in Uttar Pradesh, one can know the horror tales that they have to pass through. They can be picked up by the police any time, day or night, for questioning. Being a Muslim or having a Muslim identity is or can be threatening because one is likely to be dubbed as a terrorist or having links with terrorist group and so on. This is how the state police treat anyone who has a Muslim name and is confronted by police. Use of abusive language and ill treatment seems to have become a common practice on the part of the police. The social pressure is so much that today Muslim youths are compelled to adopt Hindu names such Pappu, Pintu and so on. Keeping beard, wearing cap and loongi can invite trouble anytime.

Muslims in India face double dilemma. On the one hand they are labelled as anti nationals who have to prove their national loyalties and at the same time they are blamed, as being appeased as a community, by the right wing Hindutva groups. They are victimized and targeted during the communal riots.

The chronology of communal riots in Uttar Pradesh clearly demonstrates that such disturbances have taken place in cities and town where Muslim middle class have attained some degree of economic self sufficiency in the field of small and medium scale industry sector. Rioting not only takes heavy toll of life and property but official data show that it is the minority Muslims who become the major victims, riot after riot. Muslim community feels that the police and security agencies have a partisan attitude. In Uttar Pradesh, PAC has been accused of blatant misuse of power against the minority community. In case of any violent incident, FIR is registered in the name of unidentified persons and then gradually the entire Muslim community is harassed and ill treated in the name of questioning. In the course of investigation even children, elderly and physically handicapped are not spared; all have to bear the brunt of police brutality. In recent years a new trend is visible, that is, even the lawyers who are taking legal cases on behalf of Muslims are being threatened. Crime record data shows that the percentage of Muslims in jails is much higher than their percentage in total population. Though, voices are often raised even in the Indian Parliament that innocent Muslims should be freed. But the question remains that even if they are out of jails, would those innocent be able to live in the ‘outer’ world with the same dignity? Will the society accept them and permit them to live as part of their family? These are the issues which require scrutiny in contemporary times.

Cases and Expert Opinions
For the purpose of organizing this people’s tribunal, we have selected about 40 cases of victims, which have been documented and would be deposed before the jury members in the IPT. These are representative cases clearly representing a pattern, a reflection of a reality which is much bigger than these 40 cases. In some cases FIR has been lodged but no action has been taken by the police. In some cases, it has been found that police authorities have avoided registering the cases. In some cases it was found that when victims tried to take the help of police to seek justice, but instead they were falsely implicated by the police and their harassment by the police authorities continued. Almost all the cases, to be deposed in the IPT, have been previously submitted by the victims to various state authorities and institutions like SSP, DGP, Minority Commission, Women’s Commission and National Human Rights Commission but so far they have not been able to receive any relief in their quest for justice. These cases represent violations committed all over Uttar Pradesh. These violations refer to crimes or negligence committed by the state institutions such as police inaction after an FIR, no action after FIR, false investigation report, torture, ill treatment of the victims etc. The nature of violation covers civil and political rights of the victims.

In addition to the victims’ testimonies, five experts working on the issue of rights of minority community will share their experiences of working in the field of human rights. This panel of experts is comprising of prominent members of civil society organizations and academicians who have been involved in studying and understanding the plight of the marginalized sections of the society at the grass root level as well as at the policy level. Today, the paradox of human rights is that even while proclamations are made, the rights are denied to large section of the people.

Mission of the jury members
Jury members are requested to make their observations on the state of human rights in Uttar Pradesh and the role of various state agencies and institutions in fulfilling the objectives of constitution which assures right to life and liberty to all its citizens without discriminating on the basis of caste, class, gender or religion. After hearing the testimonies of the victims and making further enquiries with them, the jury members will issue interim observations and recommendations at the end of the event. A report will be prepared on the basis of the details of the testimonies along with jury’s recommendations. The reported document will be submitted to the National Human Rights Commission, National Minorities Commission, National Women’s Commission, Director General of Police, Uttar Pradesh, Ministry of Minority Welfare, Chief Minister of UP, Prime Minister of India, different political parties, Home Department and Chief Justice of India. It will also be released to the press. For the advocacy of these cases, RTI applications will be filed so that victims get justice and rule of law is established.




Thursday, December 20, 2012

Indian government should repeal sedition law


In October, J. L. Chugh, joint secretary of the Indian Home Ministry, issued a statement to the local People's Vigilance Committee on Human Rights in India, and said a hearing would be convened to discuss the sedition law, according to CPJ's review of the statement. But the notice did not include a date or offer further details about the hearing. Two months have passed since that communique without further indications from your government about a specific timetable for addressing this critical issue.

http://cpj.org/2012/12/indian-government-should-repeal-sedition-law.php

Saturday, October 06, 2012

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Saturday, July 21, 2012

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Tuesday, July 10, 2012

Equality for Dalits: Does it exist? - Kashmir Times

Equality for Dalits: Does it exist? - Kashmir Times


Equality for Dalits: Does it exist?
Reviewed By Mushtaq Ul Haq Ahmad Sikander
Book Review
Justice, Liberty, Equality: Dalits in Independent India
Author: Lenin Raghuvanshi
Publisher: Frontpage Publications, London, U.K
Year of Publication: 2012
Price: Not Mentioned Pages: 135
ISBN: 9789381043042
Dalits in India have been suffering since time immemorial in India. Hinduism which believed in Varna system of caste coupled with the Aryan supremacy structured the prejudice, bias and exploitation against dalits. It was deemed to be God ordained commandment on the higher castes to demean, exploit and kill them with impunity. They were destined by God to suffer immortally, thus placed outside the Varna system. The upper castes by trampling their rights and perpetuating atrocities against them were fulfilling the God’s plan. This situation should have changed after the Independence of India in 1947. Indian State adopted secularism and democracy as its foundational pillars of constitution which guaranteed equal rights to all irrespective of religion, caste, color, class, gender, region and community. These constitutional guarantees and rights should have been translated into action, but alas this is not the case.
The present book under review by the versatile activist Lenin Raghuvanshi is a testimonial documentation of atrocities, exploitation and abuse of rights of Dalits in “free India’. In the Introduction of the book, Lenin depicts the police violence against Dalits, Scheduled Tribes, Scheduled Castes, Crimes against their women and how the culture of impunity shields the guilty. This culture of impunity against the criminals is the biggest threat to the rule of law in India. Lenin woefully states about the Dalit women as, “Dalits are considered untouchables in Indian society yet rape of Dalit women is not considered a taboo by the upper castes. In fact, the latter uses rape as an instrument of continuous subjugation. Dalit women bear a triple burden: discrimination and exploitation based on caste, class and gender. Women are also victims of violence by security forces and armed opposition groups, traditional justice delivery system like ‘caste panchayat’ (illegal body of caste based system in villages) and cruel cultural practices like sati, honor killing and witch hunts. Discriminatory attitudes and lack of sensitization to the dynamics of crimes involving sexual or domestic violence leave victims without critical police aid or redress to which they are entitled”.
Talking about the state of impunity enjoyed by police and security forces Lenin states “In fact, almost every section of the Criminal Procedure Code (CrPc), 1973 provides some kind of impunity. For example, section 46 empowers the police to shoot to kill any accused charged with a crime punishable by death if that accused person attempts to escape from police custody. The police forces of Andhra Pradesh and Uttar Pradesh have made extensive use of this section to cover up fake encounters, killing hundreds of hapless detainees”.
Lenin then goes on to describe south of every village as South Africa because it contains Dalits against whom invisible apartheid is still prevalent. The discrimination against Dalits is both intrinsic and external. The Dalits are illiterate hence they are not aware of their constitutional rights; hence fail to alleviate their status. Rest the caste system is embedded in the Indian society and it manifests itself in various forms. The state of impunity is reinforced by the caste considerations as police fails to bring the culprits of crimes against dalits to book either due to caste bias, influence or lure of money. Dalits many times are collectively punished by the upper castes for the crime or mistake of a single Dalit. These examples bring fore the sad fact that spread of literacy hasn’t helped people grow more empathic towards dalits. Also it unveils a gory reality that Indian State has failed to inculcate spirit and virtues of equality and harmony among its institutions.
Lenin then moves on to document the plight of Musahar community and their day to day woes. He laments at the post active attitude of the administration in curbing the starvation deaths in this community. The land that is allotted to the Dalits is taken away by upper caste people, and the upper caste Hindu money lenders keep them under perpetual bondage. In this age too there exist bonded laborers in the community. Lenin has worked for Musahars despite impediments by releasing many bonded laborers and establishing a community school, as previously most children were drop outs. He holds the public distribution system responsible for the starvation deaths, as it is corrupt. The medical facilities are lacking which add to the mortality rate. The police still operate on the colonial structure with a communal mindset. Lenin is of the firm opinion that Indian police learnt demoralization and community punishment from the practice of caste system. He then relates many stories of police torture victims. The role of police in fake encounters is also well known, and how they operate in communal riots reinforcing victimization of the minorities.
The police torture is widespread in India, and “The biggest problem in combating the State on the issues of torture in India has been the non availability of verifiable data” (P-48). In many cases false medical reports of torture victims are produced in league with medical doctors and sometimes reports are concocted by Police themselves. Lenin is aware of the Legal flaws, “The judiciary is hampered by lack of specific legislation to address cases of torture and human rights violations by the security forces as well due to delayed judicial processes. All these leave the poor victim lonelier, shattered and completely disintegrated, irrespective of economic status” (P-49). Lenin wants and desires, “India is yet to adopt any legislation recognizing the right to compensation for human rights violations. The government continues to maintain its reservation to Article 9 of the International Covenant on Civil and Political Rights which states that under the Indian legal system there is no enforceable right to compensation for persons claiming to be victims of unlawful arrest or detention against the State. The courts and National Human Rights institutions, however, have awarded compensation for human rights violations, including torture”. (P-49).
The chapter on Testimonial Therapy is the jewel of the book. It gives hope to the victims of torture to overcome the psychological trauma in post torture phase. But only a few pages are dedicated to explain the testimonial therapy. Lenin abruptly moves to the Shrinking Livelihood in India. He quotes as case studies, the decline in the production of world famous Benaras Silk, as a result of the rival Chinese silk. Lenin relates the diseases associated with the handlooms and the Tuberculosis being rampant among the handloom workers and weavers. Then he again states about the severe malnutrition in Uttar Pradesh, though it is not Somalia. Lenin continues with the child starvation deaths this time in Ghasias community, who are also victim of government apathy.
The last two chapters deal with Rule of Lords, Political Patronage & how caste, patriarchy and corruption help in perpetuation of the same. Lenin relates violence against women, in the form of infanticide, honor killings, domestic violence, child marriages, infant and maternal mortality rates. If certain women make it to the panchayats still their husbands control the affairs.
Lenin then goes on to track the record of victims of fake encounters, extra and custodial killings by the Police since 1960s, which rose to epidemic proportions in early 1990s when innocents were being targeted as Maoists, Sikh militants or Islamic Jihadi extremists. The incompetence of National Human Rights Commission to protect human rights of innocents has rendered it as a toothless tiger. The State also acts softly on Hindutva fascist cadres. To add insult to injury criminalization of politics is ruling roost.
Overall the book is a welcome read and must for everyone who wants to be aware of the underbelly of Indian State. But the scheme of chapters and selection of case studies at times betray the title of the book, the scope of the book is much wider than its title conveys. It covers a lot of ground, but thematically it appears to be jumbled in a hurry. Despite its flaws Lenin needs to be congratulated for his endeavor. This book is a testimony to the fact that there are serious problems and grave issues with the project of ‘Shining India’.
(The author is Writer-Activist based in Srinagar, Kashmir and can be reached at sikandarmushtaq@gmail.com)

Thursday, July 05, 2012

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Sunday, May 27, 2012

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"To get in touch with the many problems, still existing in Indian society, this Brochure should be a Symbol to “feel” and don’t forget, what’s still worth to fighting for – the beauty and variety of India and its people. Don’t leave them behind!" – Dr. Lenin Raghuvanshi, CEO PVCHR

Sunday, August 21, 2011

Tuesday, August 16, 2011

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