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Monday, February 28, 2011
Fwd: National Campaign Against Corruption - Since 1992: Rs. 73000000000000 Cr. (73 Lakh Crore) gone.. - Time For Decisive Action - Please spare only few minutes.
Fwd: National Campaign Against Corruption - Since 1992: Rs. 73000000000000 Cr. (73 Lakh Crore) gone.. - Time For Decisive Action - Please spare only few minutes.
---------- Forwarded message ----------
From: Surendra Srivastava <surendra.srivastava@gmail.com>
Date: Fri, 31 Dec 2010 20:03:33 +0530
Subject: National Campaign Against Corruption - Since 1992: Rs.
73000000000000 Cr. (73 Lakh Crore) gone.. - Time For Decisive Action -
Please spare only few minutes.
To:
From: Surendra Srivastava <surendra.srivastava@gmail.com>
Date: Fri, 31 Dec 2010 20:03:33 +0530
Subject: National Campaign Against Corruption - Since 1992: Rs.
73000000000000 Cr. (73 Lakh Crore) gone.. - Time For Decisive Action -
Please spare only few minutes.
To:
National Campaign Against Corruption
*Time For Decisive Action - Please spare only few minutes. Please
circulate
*
*Country will ever be grateful to you for your participation. We really
think this is an important cause as the corrupt posed a greater threat to
the country than terrorists.
*
www.killcorruption.org
* Join hands to build an Aandolan against Bhrashtaachaar in
India. *
Dear Friends,
*Country will ever be grateful to you for your participation. We really
think this is an important cause as the corrupt posed a greater threat to
the country than terrorists.**
*
Therefore please join in National Campaign Against Corruption by promoting
with others *all* or *any *of the following action.
*1- Send an email to PM* - PM's email ID & the message format is appended
below;
*2- Send a post card to PM.* PM's postal address & the message format
is appended below;
*3- Send one Rs. Money order to PM.* PM's postal address & the message
format is appended below;
*4- Sign an on line petition to PM.*
http://www.ipetitions.com/petition/killcorruption/
*5- Circulate this mail to all your contacts (Indian Citizen)*
The CAG's report on the 2G spectrum has proven beyond reasonable doubt that
this is a scam of massive proportions involving corruption, arbitrariness,
loss to the public exchequer, and abuse of authority at the highest levels
of the government involving politicians, civil servants and even corporate
houses. The CAG's estimate (which was based on the prices paid by bidders in
the auction of 3G spectrum) indicate that the Indian exchequer was defrauded
to the extent of a staggering 1,52,000 crores!
In the recent past, we have also witnessed the ugly and shameful corruption
surrounding the Commonwealth Games and the Adarsh Housing Society scam in
Mumbai. These are only a few scams that have seen the light of the day. Not
a single day goes without some scam taking place somewhere in the country,
and in a growing economy like India, in the absence of adequate safeguards,
we can be certain of continued corruption.
Yet, the public debate seems to be focused on superficial measures such as
removal of a minister/chief minister, and constituting a parliamentary
committee for investigation. While they may be necessary measures in the
short run, there is nothing on the anvil to either punish the guilty
parties, take corrective measures to make good the loss to the exchequer,
and prevent corruption from taking place in the future.
The need of the hour is tangible, decisive action for combating corruption.
We took the initiative to create a common platform – "National Campaign
against Corruption" to bring together eminent Indians from various walks of
life, and like minded civil society organizations from across the country.
We aim to channelize the public outrage constructively, and put pressure on
the government and political parties to achieve tangible institutional
changes for effectively combating corruption.
*As part of this effort, from now we encourage you to write to the Prime
Minister (**manmohan@sansad.nic.in* <manmohan@sansad.nic.in>*, **
pmosb@nic.in* <pmosb@nic.in>*) and demand concrete steps to punish the
guilty parties and affect institutional changes as outlined below:*
*Esteemed Prime Minister,*
*In the light of the 2G spectrum scam, and evidence of rampant corruption in
many other areas, we urge you to protect national interest by taking the
following measures:*
- *Cancel the 2G spectrum allocation.*
- *Get our money back.*
- *Punish the Corrupt.*
- ***
- Enact laws to protect from future scams.*
*Yours sincerely,*
**
*X X X *
We encourage you to spread this message and make your friends and associates
write to the Prime Minister. He should hear from millions of Indians who are
deeply concerned about mounting corruption in the country and want concrete,
effective steps to cleanse our public life. We encourage you to visit
http://www.killcorruption.org/ and sign an online petition at
http://www.ipetitions.com/petition/killcorruption to the Prime Minister.
Wherever possible, please encourage young people, college students, and
enlightened citizens to send the same message by post cards addressed to the
Prime Minister by name at: Dr. Manmohan Singh, R.No.148 B, South Block, New
Delhi 110001. Also Re.1 money order can be sent to the Prime Minister with
the same message. The Money Order will cost Rs.2.25 (Re.1 + Re.1 as MO fee
and Rs.0.25 for the MO form), and has the added advantage of someone in PMO
having to acknowledge it.
Please ensure that your name, address and email or phone number is listed on
your email or post card to lend authenticity to your message.
We will keep you posted on our future plan of action and other developments
from time to time.
Warm regards
Jayaprakash Narayan
National Campaign against Corruption
email: killcorruption@hotmail.com
**
*NATIONAL CAMPAIGN AGAINST CORRUPTION *
* *
There is enormous public anger at the unsavoury corruption revealed in the
2G Spectrum, Adarsh housing society, and the Commonwealth games scams. To
channelize this anger and the desire for change effectively, *Dr.Jayaprakash
Narayan* took the initiative to create a non-party platform – "*National
Campaign against Corruption"* to bring together eminent Indians and like
minded civil society organizations from across the country* *to put pressure
on the government and political parties to achieve tangible institutional
changes for combating corruption.
*Q. What is the 2G Spectrum Scam? *
*
*
In 2008, the union government awarded pan India licenses and second
generation telecom spectrum to 9 companies in 122 circles for offering
mobile telephony services. These licenses were awarded in an arbitrary and
non-transparent manner for a paltry sum of Rs1658 crores, which was the
price discovered in 2001, when the teledensity was very low.
*Q. Who are allegedly involved in the scam?*
- Telecom Minister A.Raja
- Corporate Houses
- Government Officials
- Corporate Lobbyists
- Media Houses
*Q. What is the amount of scam involved?*
**
Based on the subsequent auction of airwaves for third generation (3G)
services, which fetched nearly Rs. 63,000 crores, and that for broadband
access, which fetched over Rs. 35,700 crores, the notional loss to the
exchequer due to under pricing of 2G spectrum was estimated by the CAG to be
a whopping Rs. *1,76,000 crores !!*
**
*Q. What does Rs 1.76 lakh crore mean to our nation?*
**
- 4 Times the money used to build the golden quadrilateral connecting
delhi, mumbai, chennai, kolkata - to improve our road connectivity and
trigger economic growth.
- 30 lakh RTC buses - Could be a big boost for our defunct public
transport.
- 11 crore buffaloes - Could improve our dairy sector
- 1868 Nagarjunsagar dams - Could vastly improve irrigation sector (No
more need for loan waivers)
- 23 Shamshabad airports - Could improve the aviation sector big time.
- 25 Lakh Nursing homes - Could be a big boost of our disastrous health
sector (India remains home to one-third of the world's undernourished
children. )
- 30 Lakhs Schools - Can go a long way in improving our literacy rate -
65%
- 35 Crore Computers - Could establish India as the IT capital of the
world
- 504 Fighter Jets - Could strengthen our defense system in a big way.
*Q. Can this money be recovered?*
**
Yes. Under Section 23 and 24 of the Indian Contracts Act 1872, a contract
becomes void if it is tainted with corruption. The government can cancel the
current licenses and recover the lost money by fresh allocation of 2G
spectrum through international competitive bidding after laying down
transparent eligibility criteria in consultation with TRAI (Telecom
Regulatory Authority of India).
*Q. Did we ever recover such scam money previously?*
**
Yes. In 2007, the Indian Army did not hesitate to scrap a $600 million-worth
deal for 197 helicopters with Eurocopter, the world's largest maker of civil
and military helicopters (and a subsidiary of EADS, the European defence and
aerospace group), following the Central Vigilance Commission (CVC)'s
criticism of the bidding process and illegal use of middlemen, violative of
the existing policy of prohibiting middlemen in military deals. The Army
subsequently went in for a fresh and open bidding process.
*Q. Do we have enough evidence to prove the scam?*
**
There were many events leading to the day when the licenses were given...
- TRAI had recommended auctioning of spectrum at market rates.
- Raja ignored advice of TRAI, Law Ministry, Finance Ministry and even
the PMO.
- Licenses issued on a first-come-first-served basis
- Cut-off date for applications advanced by a week
- Rules changed after the game had begun.
- One more clinching evidence is that the bidders were asked to give a
bank guarantee of 1600 cr, and the time given to satisfy the clause - 45
mins. Its impossible for even the biggest of the corporate houses to arrange
for such a huge money in just 45 mins. But, the successful bidders were able
to provide the bank guarantee. If they did not had prior knowledge about the
clause, how can they arrange for it? This proves clear favoritism.
*Q. What should the government do?*
**
As we discussed before, the immediate steps should be to recover the scam
money by canceling the licenses and issue new licenses international
competitive bidding. But there should be some long term measures to
eradicate the menace of corruption from our country. A JPC or PAC as
demanded by the opposition will not do any good .
- *Enact *a comprehensive anti-corruption law and create an Independent
Anti-Corruption Commission (IACC). IACC set up in Hong Kong in 1974 reduced
corruption within a few years. When it was first set up, wags referred to
the ICAC as "I can accept cash". However, the ICAC has worked, precisely
because it is independent.
- *Enact *a Windfall Profits Tax law (on the lines of the UK law 1997),
which will provide for stiff taxation of windfall profits earned by
corporates in the exploitation of natural resources either because of
monopoly or a change in the global economic environment. The companies that
cornered the 2G spectrum licenses through questionable means and sold them
within weeks for astronomical sums should be subjected to the proposed
windfall profits tax. Such a law will also help tax the abnormal profits
made in the mining and other sectors.
- *Enact* a False Claims Act (on the lines of the U.S. law). If the
exchequer incurs any loss because of fraud or misrepresentation or violation
of the due process as determined by an independent, competent authority, the
guilty will have to pay a civil penalty equivalent to three to five times
the loss sustained. The U.S. Government has collected over $24 billion from
corporates under this Act.
There is evidence that significant reduction in corruption alone will
enhance economic growth rate by 1.5 to 2 percent per annum. Recent estimates
indicate that nearly ` 21 lakh crores of tax evaded money earned through
corruption and dishonest business practices is stashed away outside India
debt. Honesty is not merely a moral imperative; it is an economic necessity
to accelerate and sustain high growth rates and eliminate poverty.
>
>>
>
--
Regards
Surendra Srivastava
Founder - Maharashtra Chapter & Volunteer - Lok Satta Aandolan
Base Unit-4, Bycula Service Industries Premises,
Dadoji Konddeo Road, Bycula (East), Mumbai 400027
Tel: 00 91 22 2377 2242
Email: info.maharashtra@loksatta.org
Web: http://www.loksattamovement.in/abt_whyloksatta.htm
If India wins, who loses?
उर्वशी शर्मा
"सूचना का अधिकार " हेल्पलाइन: 8081898081
yaishwaryaj@gmail.com
PHILIPPINES: An Indian human rights lawyer talks about misconception on the role of lawyersMonday
Hi Ihrgcian
Kind find the human rights activisties in Philippines
PHILIPPINES: An Indian human rights lawyer talks about misconception on the role of lawyersMonday, February 28, 2011 5:55 AMFrom: "AHRC Press Centre"Add sender to ContactsTo: protectorofhumanrights@yahoo.comTo unsubscribe click this link, to change preferences click this link
FOR IMMEDIATE RELEASE
PRESS RELEASE
AHRC-PRL-007-2011
PHILIPPINES: An Indian human rights lawyer talks about misconception on the role of lawyers
(Hong Kong, February 28, 2011) The Asian Human Rights Commission (AHRC) is publishing this podcast interview with Mr. Bijo Francis, a human rights lawyer from India and programme officer of the Asian Legal Resource Centre (ALRC), regarding his comments and opinion on the trial of the Maguindanao Massacre case.
Bijo has handled numerous human rights cases in India--from cases involving or dinary Indians to cases that are highly political in nature. He has many years of experience in dealing with court cases and has been providing legal assistance to victims, not only in India, but also other South Asian countries seeking legal remedies.
Bijo has met with Joseph Jubelag, one of the three journalists who had escaped from the Maguindanao Massacre in November 23, 2009 (for details: AHRC-UAC-165-2009). He has followed the progress of the case in court and like many other people inside and outside the country, was shocked at the magnitude of the massacre.
We ask Bijo's opinion on the fundamental questions as to what should have been the role of lawyers, prosecutors and the judges in the trial.
Facts of the case
The AHRC issued a statement: On Maguindanao massacre -- questions of morality, practice of law and the legal system, which gives some details about the extreme difficulties of complainants in pursuing cases in court. It also raised fundamental questions as to the role of lawyers, prosecutors and court judges in dealing with court cases.
We also did a podcast interview with Myrna Reblando, widow of Alejandro "Bong" Reblando, following her reaction to the court trial on February 3, 2011. In this widely reported video, she expressed her discontent as to how the trial of the murder of her husband and loved ones of other complainants is taking place.
Myrna's podcast interview can be downloaded here: Myrna Reblando, widow of murdered journalist Bong Reblando. It is Cebuano/Filipino language.
For those who are interested to have her message spread to non-Cebuano/Filipino language speakers, you can help in transcribing the interview into English. Please contact us at: philippines@ahrc.asia.
Discussion in two parts
Maguindanao massacre: "defense lawyer ridicules the process; asks questions defying common sense"
Part 1 can be downloaded here: http://material.ahrchk.net/audio/AHRC-AUD-011-2011-ENG.mp3
Description: Mr. Bijo Francis, argues that not only the murdered journalists in life lacked protection; even in their deaths their murder trial is muddied by the defense lawyers by "ridiculing the process, defying common sense".
Maguindanao massacre: "the role of defense lawyers and prosecutors is to encourage witnesses to speak, not to find mere contradictions"
Part 2 can be downloaded here: http://material.ahrchk.net/audio/AHRC-AUD-012-2011-ENG.mp3
Description: Mr. Bijo Francis argues that it is a wrong conception that the defense lawyers must defend their clients to get acquittal irrespective of the means they resort to. The role of the defense lawyers, the prosecutors and the court is to encourage witnesses to speak and to help the court to find the truth.
-------
The Asian Human Rights Commission (AHRC) has launched the AHRC Philippines Ri ghts Cast, a podcast in local languages of the Philippines including Cebuano, and Tagalog. You can subscribe to this podcast using different software or feed readers: iTunes, Zune, ZENCast, MyYahoo, Google Reader, RSS Feed.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
International Human Rights Day 2010 - Download our pre-print PDF version of the annual reports here.
-----------------------------
Asian Human Rights Commission
M.S.Jeblin
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Kind find the human rights activisties in Philippines
PHILIPPINES: An Indian human rights lawyer talks about misconception on the role of lawyersMonday, February 28, 2011 5:55 AMFrom: "AHRC Press Centre"
FOR IMMEDIATE RELEASE
PRESS RELEASE
AHRC-PRL-007-2011
PHILIPPINES: An Indian human rights lawyer talks about misconception on the role of lawyers
(Hong Kong, February 28, 2011) The Asian Human Rights Commission (AHRC) is publishing this podcast interview with Mr. Bijo Francis, a human rights lawyer from India and programme officer of the Asian Legal Resource Centre (ALRC), regarding his comments and opinion on the trial of the Maguindanao Massacre case.
Bijo has handled numerous human rights cases in India--from cases involving or dinary Indians to cases that are highly political in nature. He has many years of experience in dealing with court cases and has been providing legal assistance to victims, not only in India, but also other South Asian countries seeking legal remedies.
Bijo has met with Joseph Jubelag, one of the three journalists who had escaped from the Maguindanao Massacre in November 23, 2009 (for details: AHRC-UAC-165-2009). He has followed the progress of the case in court and like many other people inside and outside the country, was shocked at the magnitude of the massacre.
We ask Bijo's opinion on the fundamental questions as to what should have been the role of lawyers, prosecutors and the judges in the trial.
Facts of the case
The AHRC issued a statement: On Maguindanao massacre -- questions of morality, practice of law and the legal system, which gives some details about the extreme difficulties of complainants in pursuing cases in court. It also raised fundamental questions as to the role of lawyers, prosecutors and court judges in dealing with court cases.
We also did a podcast interview with Myrna Reblando, widow of Alejandro "Bong" Reblando, following her reaction to the court trial on February 3, 2011. In this widely reported video, she expressed her discontent as to how the trial of the murder of her husband and loved ones of other complainants is taking place.
Myrna's podcast interview can be downloaded here: Myrna Reblando, widow of murdered journalist Bong Reblando. It is Cebuano/Filipino language.
For those who are interested to have her message spread to non-Cebuano/Filipino language speakers, you can help in transcribing the interview into English. Please contact us at: philippines@ahrc.asia.
Discussion in two parts
Maguindanao massacre: "defense lawyer ridicules the process; asks questions defying common sense"
Part 1 can be downloaded here: http://material.ahrchk.net/audio/AHRC-AUD-011-2011-ENG.mp3
Description: Mr. Bijo Francis, argues that not only the murdered journalists in life lacked protection; even in their deaths their murder trial is muddied by the defense lawyers by "ridiculing the process, defying common sense".
Maguindanao massacre: "the role of defense lawyers and prosecutors is to encourage witnesses to speak, not to find mere contradictions"
Part 2 can be downloaded here: http://material.ahrchk.net/audio/AHRC-AUD-012-2011-ENG.mp3
Description: Mr. Bijo Francis argues that it is a wrong conception that the defense lawyers must defend their clients to get acquittal irrespective of the means they resort to. The role of the defense lawyers, the prosecutors and the court is to encourage witnesses to speak and to help the court to find the truth.
-------
The Asian Human Rights Commission (AHRC) has launched the AHRC Philippines Ri ghts Cast, a podcast in local languages of the Philippines including Cebuano, and Tagalog. You can subscribe to this podcast using different software or feed readers: iTunes, Zune, ZENCast, MyYahoo, Google Reader, RSS Feed.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
International Human Rights Day 2010 - Download our pre-print PDF version of the annual reports here.
-----------------------------
Asian Human Rights Commission
M.S.Jeblin
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Sunday, February 27, 2011
Are you celebrating 21 March?
Youth for Human Rights International - South Asia
Making Human Rights a Global Reality
A message to all members of Youth for Human Rights International - South Asia
Note: The following message is addressed to the Indian members of the site. Others are kindly requested to get in touch with their country heads for assistance.
21 March is the International Day for the Elimination of Racial Discrimination. On that day, in 1960, police opened fire and killed 69 people at a peaceful demonstration in Sharpeville, South Africa, against the apartheid "pass laws". Proclaiming the Day in 1966, the General Assembly called on the International Community to redouble its efforts to eliminate all forms of racial discrimination.
The first article of the Universal Declaration of Human Rights affirms that "all human beings are born free and equal in dignity and rights". The International Day for the Elimination of R acial Discrimination reminds us of our collective responsibility for promoting and protecting this ideal.
Youth for Human Rights is planning to celebrate this day by having Petition Drives all over India. Groups of Bangalore, Chennai, Morena, Kolar Gold Fields, Surupur and many others are celebrating the day. Will you join them?
All the people interested to conduct the event in their town/city are requested to contact us.
Regards
Mahender Kumar ( Jeblin )
Social Activist
+91 9810625008
http://in.groups.yahoo.com/group/i-hrgc/
http://msjeblin.co.tv/
http://www.ihrgc.co.tv/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Making Human Rights a Global Reality
A message to all members of Youth for Human Rights International - South Asia
Note: The following message is addressed to the Indian members of the site. Others are kindly requested to get in touch with their country heads for assistance.
21 March is the International Day for the Elimination of Racial Discrimination. On that day, in 1960, police opened fire and killed 69 people at a peaceful demonstration in Sharpeville, South Africa, against the apartheid "pass laws". Proclaiming the Day in 1966, the General Assembly called on the International Community to redouble its efforts to eliminate all forms of racial discrimination.
The first article of the Universal Declaration of Human Rights affirms that "all human beings are born free and equal in dignity and rights". The International Day for the Elimination of R acial Discrimination reminds us of our collective responsibility for promoting and protecting this ideal.
Youth for Human Rights is planning to celebrate this day by having Petition Drives all over India. Groups of Bangalore, Chennai, Morena, Kolar Gold Fields, Surupur and many others are celebrating the day. Will you join them?
All the people interested to conduct the event in their town/city are requested to contact us.
Regards
Mahender Kumar ( Jeblin )
Social Activist
+91 9810625008
http://in.groups.yahoo.com/group/i-hrgc/
http://msjeblin.co.tv/
http://www.ihrgc.co.tv/
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This e-mail was sent by http://ihrgc.withme.us hosted on http://www.forumotion.com. If you don't want to receive newsletters anymore, please modify the proper profile setting through the forum.
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Thursday, February 24, 2011
aishwarya , raj n yash
yaishwaryaj.......an effort.......to fight for our rights...
helpline mobile 8081898081
email help yaishwaryaj@gmail.com
Wednesday, February 23, 2011
Pranab Mukherjee
Hi babitasinghindia,
This is urgent! I have just shown my support for India's forests. I have asked Pranab Mukherjee to hold a public consultation before deciding on the fate of our forests.
Please read the mail below and take action. http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Regards,
Dear ,
The coal versus forest tussle has intensified. A decision will be taken soon by the Group of Ministers (GoM) headed by Pranab Mukherjee. Their first meeting is on Thursday, the 17th. [1]
Last year environment and forest minister Jairam Ramesh marked certain dense forests as No Go zones for coal mining.[2] The coal ministry however wants access to all these areas.[3] The GoM is now going to decide if we should destroy these forests and the biodiversity they hold to mine more polluting coal.[4]
These forests are crucial to the livelihood of millions and home to wildlife like tigers and elephants.[5] Forests are a national asset and a decision on them needs to have public consent. Over 27,000 people have pledged their support for forests and are asking Pranab Mukherjee to hold a public consultation.
Can you also pledge your support for India's forests by asking Minister Pranab Mukherjee to hold a public consultation before taking a decision?
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
There isn't much time, the GoM meets tomorrow. Those in favour of mining our forests seem to dominate the GoM. More people standing up for forests will strengthen the demand and help put pressure on the minister to act. A public consultation will help voices supporting our forests come to the fore.
There are clean and viable renewable energy options which can minimize our dependence on coal. [6] However, once destroyed a natural forest cannot be re-created.
The GoM's decision will affect threatened biodiversity and the livelihood of millions. Minister Pranab Mukherjee needs to hear what the people of this country want. Pledge your support to forests by asking Minister Pranab Mukherjee to hold a public consultation.
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Thanks a billion!
Preethi Herman
Climate Campaigner
Greenpeace India
Sources:
1. No-go zoning plan on GoM menu, Times of India, February, 11, 2011
http://timesofindia.indiatimes.com/business/india-business/No-go-zoning-plan-on-GoM-menu/articleshow/7471754.cms
2. 35% of India's coal mining areas are in 'no go' zones, DNA, March 27, 2010
http://www.dnaindia.com/india/report_35pct-of-india-s-coal-mining-areas-are-in-no-go-zones_1363884
3. Allow mining in 90% no-go zones, Hindusthan Times, October 29 2010
http://www.hindustantimes.com/Allow-mining-in-90-no-go-zones/Article1-619206.aspx
4. GoM will look into sensitive 'no-go' mining areas, Deccan Herald, January 13, 2011
http://www.deccanherald.com/content/128848/cabinet-decides-set-up-gom.html
5. Forests will rescue India, says Jairam Ramesh, new.rediff.com, August 11, 200
http://news.rediff.com/slide-show/2009/aug/11/slide-show-1-forests-are-indias-rescuer-says-jairam-ramesh.htm
6. Energy Revolution, Greenpeace, March 23, 2009
http://www.greenpeace.org/india/Global/india/report/2009/3/energy-revolution.pdf
Greenpeace provides an alternate energy vision for India, Greenpeace, March 24, 2009
http://www.greenpeace.org/india/en/news/greenpeace-provides-an-alterna/
P.S. Want to support our campaigns? We don't take money from any corporation, government or political party! We never have, and we never will. Do help Greenpeace remain fiercely and proudly independent. Click here to chip in.rtimahilamanchup@gmail.com
You are receiving this email because someone you know sent it to you from the Greenpeace site. Greenpeace retains no information about individuals contacted through its site, and will not send you further messages without your consent -- although your friends could, of course, send you another message.
Pranab Mukherjee
Hi babitasinghindia,
This is urgent! I have just shown my support for India's forests. I have asked Pranab Mukherjee to hold a public consultation before deciding on the fate of our forests.
Please read the mail below and take action. http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Regards,
Dear ,
The coal versus forest tussle has intensified. A decision will be taken soon by the Group of Ministers (GoM) headed by Pranab Mukherjee. Their first meeting is on Thursday, the 17th. [1]
Last year environment and forest minister Jairam Ramesh marked certain dense forests as No Go zones for coal mining.[2] The coal ministry however wants access to all these areas.[3] The GoM is now going to decide if we should destroy these forests and the biodiversity they hold to mine more polluting coal.[4]
These forests are crucial to the livelihood of millions and home to wildlife like tigers and elephants.[5] Forests are a national asset and a decision on them needs to have public consent. Over 27,000 people have pledged their support for forests and are asking Pranab Mukherjee to hold a public consultation.
Can you also pledge your support for India's forests by asking Minister Pranab Mukherjee to hold a public consultation before taking a decision?
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
There isn't much time, the GoM meets tomorrow. Those in favour of mining our forests seem to dominate the GoM. More people standing up for forests will strengthen the demand and help put pressure on the minister to act. A public consultation will help voices supporting our forests come to the fore.
There are clean and viable renewable energy options which can minimize our dependence on coal. [6] However, once destroyed a natural forest cannot be re-created.
The GoM's decision will affect threatened biodiversity and the livelihood of millions. Minister Pranab Mukherjee needs to hear what the people of this country want. Pledge your support to forests by asking Minister Pranab Mukherjee to hold a public consultation.
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Thanks a billion!
Preethi Herman
Climate Campaigner
Greenpeace India
Sources:
1. No-go zoning plan on GoM menu, Times of India, February, 11, 2011
http://timesofindia.indiatimes.com/business/india-business/No-go-zoning-plan-on-GoM-menu/articleshow/7471754.cms
2. 35% of India's coal mining areas are in 'no go' zones, DNA, March 27, 2010
http://www.dnaindia.com/india/report_35pct-of-india-s-coal-mining-areas-are-in-no-go-zones_1363884
3. Allow mining in 90% no-go zones, Hindusthan Times, October 29 2010
http://www.hindustantimes.com/Allow-mining-in-90-no-go-zones/Article1-619206.aspx
4. GoM will look into sensitive 'no-go' mining areas, Deccan Herald, January 13, 2011
http://www.deccanherald.com/content/128848/cabinet-decides-set-up-gom.html
5. Forests will rescue India, says Jairam Ramesh, new.rediff.com, August 11, 200
http://news.rediff.com/slide-show/2009/aug/11/slide-show-1-forests-are-indias-rescuer-says-jairam-ramesh.htm
6. Energy Revolution, Greenpeace, March 23, 2009
http://www.greenpeace.org/india/Global/india/report/2009/3/energy-revolution.pdf
Greenpeace provides an alternate energy vision for India, Greenpeace, March 24, 2009
http://www.greenpeace.org/india/en/news/greenpeace-provides-an-alterna/
P.S. Want to support our campaigns? We don't take money from any corporation, government or political party! We never have, and we never will. Do help Greenpeace remain fiercely and proudly independent. Click here to chip in.rtimahilamanchup@gmail.com
You are receiving this email because someone you know sent it to you from the Greenpeace site. Greenpeace retains no information about individuals contacted through its site, and will not send you further messages without your consent -- although your friends could, of course, send you another message.
Pranab Mukherjee
Hi babitasinghindia,
This is urgent! I have just shown my support for India's forests. I have asked Pranab Mukherjee to hold a public consultation before deciding on the fate of our forests.
Please read the mail below and take action. http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Regards,
Dear ,
The coal versus forest tussle has intensified. A decision will be taken soon by the Group of Ministers (GoM) headed by Pranab Mukherjee. Their first meeting is on Thursday, the 17th. [1]
Last year environment and forest minister Jairam Ramesh marked certain dense forests as No Go zones for coal mining.[2] The coal ministry however wants access to all these areas.[3] The GoM is now going to decide if we should destroy these forests and the biodiversity they hold to mine more polluting coal.[4]
These forests are crucial to the livelihood of millions and home to wildlife like tigers and elephants.[5] Forests are a national asset and a decision on them needs to have public consent. Over 27,000 people have pledged their support for forests and are asking Pranab Mukherjee to hold a public consultation.
Can you also pledge your support for India's forests by asking Minister Pranab Mukherjee to hold a public consultation before taking a decision?
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
There isn't much time, the GoM meets tomorrow. Those in favour of mining our forests seem to dominate the GoM. More people standing up for forests will strengthen the demand and help put pressure on the minister to act. A public consultation will help voices supporting our forests come to the fore.
There are clean and viable renewable energy options which can minimize our dependence on coal. [6] However, once destroyed a natural forest cannot be re-created.
The GoM's decision will affect threatened biodiversity and the livelihood of millions. Minister Pranab Mukherjee needs to hear what the people of this country want. Pledge your support to forests by asking Minister Pranab Mukherjee to hold a public consultation.
http://www.greenpeace.org/india/en/What-We-Do/Stop-Climate-Change/Quit-Coal/public-consultation-on-forests/
Thanks a billion!
Preethi Herman
Climate Campaigner
Greenpeace India
Sources:
1. No-go zoning plan on GoM menu, Times of India, February, 11, 2011
http://timesofindia.indiatimes.com/business/india-business/No-go-zoning-plan-on-GoM-menu/articleshow/7471754.cms
2. 35% of India's coal mining areas are in 'no go' zones, DNA, March 27, 2010
http://www.dnaindia.com/india/report_35pct-of-india-s-coal-mining-areas-are-in-no-go-zones_1363884
3. Allow mining in 90% no-go zones, Hindusthan Times, October 29 2010
http://www.hindustantimes.com/Allow-mining-in-90-no-go-zones/Article1-619206.aspx
4. GoM will look into sensitive 'no-go' mining areas, Deccan Herald, January 13, 2011
http://www.deccanherald.com/content/128848/cabinet-decides-set-up-gom.html
5. Forests will rescue India, says Jairam Ramesh, new.rediff.com, August 11, 200
http://news.rediff.com/slide-show/2009/aug/11/slide-show-1-forests-are-indias-rescuer-says-jairam-ramesh.htm
6. Energy Revolution, Greenpeace, March 23, 2009
http://www.greenpeace.org/india/Global/india/report/2009/3/energy-revolution.pdf
Greenpeace provides an alternate energy vision for India, Greenpeace, March 24, 2009
http://www.greenpeace.org/india/en/news/greenpeace-provides-an-alterna/
P.S. Want to support our campaigns? We don't take money from any corporation, government or political party! We never have, and we never will. Do help Greenpeace remain fiercely and proudly independent. Click here to chip in.rtimahilamanchup@gmail.com
You are receiving this email because someone you know sent it to you from the Greenpeace site. Greenpeace retains no information about individuals contacted through its site, and will not send you further messages without your consent -- although your friends could, of course, send you another message.
RTI Act is the only people-friendly law; use it
http://suchetadalal.com/?id=c1aa2d97-a3da-24c8-4d64b0979525&base=sections&f#RTI Act is the only people-friendly law; use itFebruary 23, 2011 Right to information is a formidable weapon that promotes transparency and helps to curb corruption. While there are some drawbacks that can be addressed separately, we must use this law to its full potential Just who can use the Right to Information Act? This would seem a strange or at best stale question, considering that the Right to Information (RTI) was implemented in 2005, on 12th October to be precise. But a little over five years later, the question is still relevant, as many people continue to be ignorant of the potency of this Act that could give them the information they seek, sometimes resulting in justice for oneself-all with the power of just a pen and paper. The beauty of the RTI Act is that it is very Gandhian in its nature, as it non-violently demands information from public authorities (government departments) who are compelled to provide it under this law. Prior to this Act, the executive and the legislature took umbrage under the Official Secrets Act, 1923, and evaded making any information public. When the RTI Act came into force, it generally overruled the Official Secrets Act (which strangely has not been made null and void as yet). So, if any officer tells you that he is forbidden from revealing information under the Official Secrets Act, do tell him that the RTI Act has nullified it, even though it may still exist on paper. Besides, all government departments across the country have been directed to suo moto disclose information in the public domain, preferably on a website, under Section 4 of the Act, within 120 days after the Act was implemented, and to update information at regular intervals. Many of them either have not done so, or have uploaded inadequate information (read as, that which is convenient to them). We shall discuss, in another article, the intricate details of Section 4 which empowers the citizen to procure information faster than a written application under Section 6. Suffice to mention for now that inspection of files (under Section 4) can be done by any citizen by simply visiting a government office, and using the right to go through the official documents, as well as demanding and getting photostat copies/CDs of the required documents. Of course, certain documents cannot be revealed under Section 8 (which also we will understand with examples). The best thing about the RTI Act is that the Public Information Officer (PIO)-the designated officer to whom the application is sent-cannot ask you the reason/purpose for your seeking information. Section 6(2) clearly states, "An applicant making a request for information shall not be required to give any reason for requesting the information or any other personal details, except those that may be necessary for contacting him." It does not matter who you are-you could be a criminal-but you have the right to get the information. A unique example comes to mind. Several years ago, when I was working with a national daily, our resident editor received a very well written inland letter in English from a prisoner, who was serving a life sentence for murder in Yerawada Central Prison. He was kept in the Open Jail due to his good behaviour. However, after he led an agitation-joined by many fellow prisoners-against bad quality food being served in the jail, the authorities decided to put him in the closed prison as a punishment. Humiliated, he filed an application under Section 6 of the RTI Act, demanding a copy of the Prison Manual Act, to find out the reasons under which he was transferred to the closed jail. Predictably, his application was rejected and, therefore, he dashed off a letter to the newspaper. My editor asked me to follow up the story. I called up the Inspector General (IG) of Prisons and asked him the reason why the prisoner's application was rejected. There was a flutter in the police office as the IG asked his officers to have the RTI application re-written by the prisoner and within 24 hours the prisoner received a copy of the prison manual. What happened after that is another story, but it highlights how people-friendly this Act is. In all other laws, it is the citizen who is at the receiving end. For example, if you disregard the red traffic signal, you could face action from the traffic police. If you do not pay your income-tax in time, you could be penalised. However, in the case of the RTI Act, the public information officer has to supply the information asked for within a time frame (30 days, if it is under Section 6, and instantly if it is under Section 4) when the citizen (applicant) demands it. Else, he could be penalised. (This has not been implemented in right earnest as most of them are given a hearing and pardoned.) The applicant can appeal to the first appellate authority (a senior officer of the department given this additional charge), or the second appellate authority, that is, the information commissioner. Recently, Lucknow-based Aishwarya Sharma, all of nine years old, filed an application under the RTI Act about a garbage heap in front of her school. Thanks to her initiative and the amplification of the issue by the media, the overflowing garbage dump has been taken away and a library has come up at the spot. Teenagers in various parts of the country and those who have appeared for competitive examinations have filed RTI applications to demand copies of their original answer sheets, when in doubt about the marks they have received. While some have received them, most have had to file second appeals before the information commissioners who have given favourable decisions. As per the official record at the State Information Commissioner's office in the Pune Division, 70% of the applicants seek personal information. But as information commissioner Vijay Kuvalekar states, most of them reflect social trends that affect many. Of course, the RTI Act is not a magical wand, as procuring information requires perseverance. At times, rejection of the application can make one skeptical about the Act. There are cases of misuse also. But, overall, it is a formidable weapon for the common man that promotes transparency and helps to curb corruption, and since it has come more than five decades after Independence, we should use it to its full potential. Drawbacks such as its misuse could be addressed by experts. Each one of us should conserve and strengthen the Act by invoking it. (The writer is a senior editor, author and convener of Pune Metro Jagruti Abhiyaan.) — Vinita Deshmukh -- Urvashi Sharma RTI Helpmail( Web Based ) aishwaryaj2010@gmail.com Mobile Rti Helpline 8081898081 ( 8 A.M. to 10 P.M. ) |
RTI Act is the only people-friendly law; use it
http://suchetadalal.com/?id=c1aa2d97-a3da-24c8-4d64b0979525&base=sections&f#
RTI Act is the only people-friendly law; use it
February 23, 2011
Right to information is a formidable weapon that promotes transparency
and helps to curb corruption. While there are some drawbacks that can
be addressed separately, we must use this law to its full potential
Just who can use the Right to Information Act? This would seem a
strange or at best stale question, considering that the Right to
Information (RTI) was implemented in 2005, on 12th October to be
precise. But a little over five years later, the question is still
relevant, as many people continue to be ignorant of the potency of
this Act that could give them the information they seek, sometimes
resulting in justice for oneself-all with the power of just a pen and
paper.
The beauty of the RTI Act is that it is very Gandhian in its nature,
as it non-violently demands information from public authorities
(government departments) who are compelled to provide it under this
law. Prior to this Act, the executive and the legislature took umbrage
under the Official Secrets Act, 1923, and evaded making any
information public. When the RTI Act came into force, it generally
overruled the Official Secrets Act (which strangely has not been made
null and void as yet). So, if any officer tells you that he is
forbidden from revealing information under the Official Secrets Act,
do tell him that the RTI Act has nullified it, even though it may
still exist on paper.
Besides, all government departments across the country have been
directed to suo moto disclose information in the public domain,
preferably on a website, under Section 4 of the Act, within 120 days
after the Act was implemented, and to update information at regular
intervals. Many of them either have not done so, or have uploaded
inadequate information (read as, that which is convenient to them).
We shall discuss, in another article, the intricate details of Section
4 which empowers the citizen to procure information faster than a
written application under Section 6. Suffice to mention for now that
inspection of files (under Section 4) can be done by any citizen by
simply visiting a government office, and using the right to go through
the official documents, as well as demanding and getting photostat
copies/CDs of the required documents. Of course, certain documents
cannot be revealed under Section 8 (which also we will understand with
examples).
The best thing about the RTI Act is that the Public Information
Officer (PIO)-the designated officer to whom the application is
sent-cannot ask you the reason/purpose for your seeking information.
Section 6(2) clearly states, "An applicant making a request for
information shall not be required to give any reason for requesting
the information or any other personal details, except those that may
be necessary for contacting him." It does not matter who you are-you
could be a criminal-but you have the right to get the information.
A unique example comes to mind. Several years ago, when I was working
with a national daily, our resident editor received a very well
written inland letter in English from a prisoner, who was serving a
life sentence for murder in Yerawada Central Prison. He was kept in
the Open Jail due to his good behaviour. However, after he led an
agitation-joined by many fellow prisoners-against bad quality food
being served in the jail, the authorities decided to put him in the
closed prison as a punishment.
Humiliated, he filed an application under Section 6 of the RTI Act,
demanding a copy of the Prison Manual Act, to find out the reasons
under which he was transferred to the closed jail. Predictably, his
application was rejected and, therefore, he dashed off a letter to the
newspaper. My editor asked me to follow up the story. I called up the
Inspector General (IG) of Prisons and asked him the reason why the
prisoner's application was rejected. There was a flutter in the police
office as the IG asked his officers to have the RTI application
re-written by the prisoner and within 24 hours the prisoner received a
copy of the prison manual. What happened after that is another story,
but it highlights how people-friendly this Act is.
In all other laws, it is the citizen who is at the receiving end. For
example, if you disregard the red traffic signal, you could face
action from the traffic police. If you do not pay your income-tax in
time, you could be penalised. However, in the case of the RTI Act, the
public information officer has to supply the information asked for
within a time frame (30 days, if it is under Section 6, and instantly
if it is under Section 4) when the citizen (applicant) demands it.
Else, he could be penalised. (This has not been implemented in right
earnest as most of them are given a hearing and pardoned.) The
applicant can appeal to the first appellate authority (a senior
officer of the department given this additional charge), or the second
appellate authority, that is, the information commissioner.
Recently, Lucknow-based Aishwarya Sharma, all of nine years old, filed
an application under the RTI Act about a garbage heap in front of her
school. Thanks to her initiative and the amplification of the issue by
the media, the overflowing garbage dump has been taken away and a
library has come up at the spot. Teenagers in various parts of the
country and those who have appeared for competitive examinations have
filed RTI applications to demand copies of their original answer
sheets, when in doubt about the marks they have received. While some
have received them, most have had to file second appeals before the
information commissioners who have given favourable decisions.
As per the official record at the State Information Commissioner's
office in the Pune Division, 70% of the applicants seek personal
information. But as information commissioner Vijay Kuvalekar states,
most of them reflect social trends that affect many.
Of course, the RTI Act is not a magical wand, as procuring information
requires perseverance. At times, rejection of the application can make
one skeptical about the Act. There are cases of misuse also. But,
overall, it is a formidable weapon for the common man that promotes
transparency and helps to curb corruption, and since it has come more
than five decades after Independence, we should use it to its full
potential. Drawbacks such as its misuse could be addressed by experts.
Each one of us should conserve and strengthen the Act by invoking it.
(The writer is a senior editor, author and convener of Pune Metro
Jagruti Abhiyaan.) — Vinita Deshmukh
--
yaishwaryaj.......an effort.......to fight for our rights...
helpline mobile 8081898081
email help yaishwaryaj@gmail.com
Monday, February 21, 2011
ISSUES: Rape; violence against women; fair trail; witness protection; impunity; rule of law
Urgent Appeal Case: AHRC-UAC-031-2011
16 February 2011
------------------------------------------------------
SRI LANKA: Victim of rape continuously denied justice now lives in fear
ISSUES: Rape; violence against women; fair trail; witness protection;
impunity; rule of law
------------------------------------------------------
Dear friends,
The Asian Human
Rights Commission (AHRC) has received information that a 10
year-y ear-old girl was the victim of attempted rape by an influential
person. The child was admitted to the Nawalapitiya Hospital and later
transferred to the Kandy Teaching Hospital for treatment because of the
severity of her injuries. She was subsequently treated there for 8 days.
Though the case was referred to the Nawalapitiya Police by hospital
authorities and the victim and the eye whiteness provided sufficient
information for an arrest, the police are reluctant to investigate the
case and arrest the suspect. No judicial proceeding has started yet and
the victim and witness live in fear of their lives. The education of the
victim is in danger as the suspect is seen coming to the gates of the
school to intimidate the child. The suspect is obviously influencing the
police and there is a very real fear that justice will once again be
denied to the victim. This case is yet another illustration of the
exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information that the Asian Human Rights Commission has
received Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
school in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had already left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect wa s a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers are not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate
can be made aware of the situation, especially the danger posed to the
victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law
enforcement agency of the country fail to carry out impartial
investigations into an incident and take the culprit before the law it
curtails the rights of the victims for redress.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) has reported innumerable cases
where state law
enforcement agencies have shown the breakdown of law in
investigating crimes and bringing the suspected persons before the law
so that they may be punished after successful criminal proceedings. The
victims of crimes face enormous harassment, and on some occasions the
witness and the victims have been killed by the perpetrators. The AHRC
has continuously urged the state of Sri Lanka for the necessity of adopting a witness protection law
and implementing a successful witness protection mechanism to verify the
smooth running of rule of
law system. The state of Sri Lanka is bound to implement the
legal provisions of the International
Covenant on Civil and Political Rights (ICCPR) as it has signed
and ratified the convention. Nevertheless the lack of protection offered
to those who are willing to take cases against criminals, abusive police officers
and the state authorities, means that the law is under-used and this
continues to be employed as a tool by the police to harass people. This
not only takes a long-term toll on the victim and his or her family, but
on society as a whole, by undermining civilian respect for the law and
encouraging impunity.
Further state of Sri Lanka has sign and ratified the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW).
However the state agencies have failed to implement the protective laws
towards the women effectively.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into
the case rape and the witness protection. The criminals as well as the
police officers who are having lethargic approach to investigate the
crimes must also try before the court of law for breaching the laws of
the country and also should be subjected to internal investigations for
the breach of the department orders as issued by the police department.
Please note that the AHRC has also written a separate letter to the
Special Rapporteur on violence against women on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Victim of rape con tinuously denied justice now
lives in fear
Name of the victim: Mr. Kandiah Mahendra and Mrs.
Manori Chamini Perera of No: 188, Ambagamuwa Road, Nawalapitiya
Alleged perpetrator: Police officers attached to the
Nawalapitiya Police Station
Date of incident: 31 December 2010
Place of incident: Nawalapitiya Police Division
I am writing to raise my serious concerns on the case of the attempted
rape of a ten-year-old child. According to the information received from
Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya they are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to
Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
sch ool in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had al ready left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect was a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers a re not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate can be made aware of the situation,
especially the danger posed to the victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law enforcement agency of the country fail to carry
out impartial investigations into an incident and take the culprit
before the law it curtails the rights of the victims for redress.
I further request your urgent intervention to ensure that the
authorities listed below instigate an immediate investigation into the
allegations of failure in investigati on of case of rape and the
threatening the life of the witness. Further the prosecution of those
proven to be responsible under the criminal law for not implementing the
criminal law of the country instead of protecting the criminal and
encouraging the existing situation of impunity. The officers involved
must also be subjected to internal investigations for the breach of the
department orders as issued by the police department.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk
or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights
Commission (ua@ahrc.asia)
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16 February 2011
------------------------------------------------------
SRI LANKA: Victim of rape continuously denied justice now lives in fear
ISSUES: Rape; violence against women; fair trail; witness protection;
impunity; rule of law
------------------------------------------------------
Dear friends,
The Asian Human
Rights Commission (AHRC) has received information that a 10
year-y ear-old girl was the victim of attempted rape by an influential
person. The child was admitted to the Nawalapitiya Hospital and later
transferred to the Kandy Teaching Hospital for treatment because of the
severity of her injuries. She was subsequently treated there for 8 days.
Though the case was referred to the Nawalapitiya Police by hospital
authorities and the victim and the eye whiteness provided sufficient
information for an arrest, the police are reluctant to investigate the
case and arrest the suspect. No judicial proceeding has started yet and
the victim and witness live in fear of their lives. The education of the
victim is in danger as the suspect is seen coming to the gates of the
school to intimidate the child. The suspect is obviously influencing the
police and there is a very real fear that justice will once again be
denied to the victim. This case is yet another illustration of the
exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information that the Asian Human Rights Commission has
received Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
school in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had already left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect wa s a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers are not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate
can be made aware of the situation, especially the danger posed to the
victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law
enforcement agency of the country fail to carry out impartial
investigations into an incident and take the culprit before the law it
curtails the rights of the victims for redress.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) has reported innumerable cases
where state law
enforcement agencies have shown the breakdown of law in
investigating crimes and bringing the suspected persons before the law
so that they may be punished after successful criminal proceedings. The
victims of crimes face enormous harassment, and on some occasions the
witness and the victims have been killed by the perpetrators. The AHRC
has continuously urged the state of Sri Lanka for the necessity of adopting a witness protection law
and implementing a successful witness protection mechanism to verify the
smooth running of rule of
law system. The state of Sri Lanka is bound to implement the
legal provisions of the International
Covenant on Civil and Political Rights (ICCPR) as it has signed
and ratified the convention. Nevertheless the lack of protection offered
to those who are willing to take cases against criminals, abusive police officers
and the state authorities, means that the law is under-used and this
continues to be employed as a tool by the police to harass people. This
not only takes a long-term toll on the victim and his or her family, but
on society as a whole, by undermining civilian respect for the law and
encouraging impunity.
Further state of Sri Lanka has sign and ratified the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW).
However the state agencies have failed to implement the protective laws
towards the women effectively.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into
the case rape and the witness protection. The criminals as well as the
police officers who are having lethargic approach to investigate the
crimes must also try before the court of law for breaching the laws of
the country and also should be subjected to internal investigations for
the breach of the department orders as issued by the police department.
Please note that the AHRC has also written a separate letter to the
Special Rapporteur on violence against women on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Victim of rape con tinuously denied justice now
lives in fear
Name of the victim: Mr. Kandiah Mahendra and Mrs.
Manori Chamini Perera of No: 188, Ambagamuwa Road, Nawalapitiya
Alleged perpetrator: Police officers attached to the
Nawalapitiya Police Station
Date of incident: 31 December 2010
Place of incident: Nawalapitiya Police Division
I am writing to raise my serious concerns on the case of the attempted
rape of a ten-year-old child. According to the information received from
Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya they are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to
Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
sch ool in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had al ready left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect was a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers a re not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate can be made aware of the situation,
especially the danger posed to the victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law enforcement agency of the country fail to carry
out impartial investigations into an incident and take the culprit
before the law it curtails the rights of the victims for redress.
I further request your urgent intervention to ensure that the
authorities listed below instigate an immediate investigation into the
allegations of failure in investigati on of case of rape and the
threatening the life of the witness. Further the prosecution of those
proven to be responsible under the criminal law for not implementing the
criminal law of the country instead of protecting the criminal and
encouraging the existing situation of impunity. The officers involved
must also be subjected to internal investigations for the breach of the
department orders as issued by the police department.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk
or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights
Commission (ua@ahrc.asia)
International Human Rights
Day 2010 - Download our pre-print PDF version of the annual reports here.
-----------------------------
Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen
Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
URL: humanrights.asia
twitter/youtube/facebook: humanrightsasia
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printing this email.
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