Documente Academic
Documente Profesional
Documente Cultură
Funded by
Rehabilitation and Research Center
for Torture Victims (RCT),
Denmark
Implemented by
People’s Vigilance Committee on
Human Rights (PVCHR),
Jan Mitra Nyas (JMN)
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SA 4/2 A Daulatpur, Varanasi -221002
Website – www.pvchr.org, blogspot –
www.pvchr.blogspot.com
Email: pvchr.india@gmail.com, pvchr@pvchr.com
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Due to the carelessness of UCO Bank Manager of Moradabad Branch the
installment was not transferred in the account of Jan Mitra Nyas and it returned
back to RCT.
The overall progress of the project is according to the planned and activities frame
out in project proposal. Detailed report of the program is attached as annexure
ANNEXURE -1
Workshop on testimonial therapy was organized with the joint collaboration with
Campaign for Right to Education in Jharkhand (CREJ) at Human Potential
Development Centre (HPDC),Bahu Bazar Ranchi from 23rd February, 09 to 6th March,
09. Jan Madhyam provides all the assistance on the behalf of CREJ and came out as a
focal point for testimony therapy.
14 participants from Wide Angel, Manthan , Jan Madhyam, CREJ, Forum for Fact-
finding Documentation and Advocacy (FFDA), Lok Swar, Adarsh Seva Sansthan
organization i.e. of three states Manipur, Chattisgarh, West Bengal and Jharkhand
participated in this workshop.
Schedule of the workshop and pre – departure guideline with the invitation letter
was sent to the participants. During workshop translator was provided for those
participants who were unable to understand English language.
Two-weeks workshop in which the first week was devoted to theory and practical
training, while the trainees in the second week made testimonies and filled in M&E
questionnaires of 28 survivors under supervision. The participants learn the therapy
through the role play and came across various problem which were hurdle in
psychologically healing survivors of TOV.
SCHEDULE:
FIRST WEEK:
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23 February 10 -12 am psychosocial
(2) Testimony as a psychological
healing process History
Existential, political
12 -1 pm Lunch exposure
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Friday Morning Taking care of the care takers and
27 February 10 – 12 further issues from the preceding
am days
Lunch
12 – 1 pm
(1) Meditation
Afternoon (2) Peer group exercises with
1 – 4 pm Supervisor
(3) Summing up
SECOND WEEK
2 March, 09 – 6 WORKSHOP
March ON
TESTIMONIAL THERAPY
Monday Morning (1) Mindfulness meditation
(2) Preparation meeting: Division of participants in pairs (one is
2 March interviewer and the other note-taker). Each pair will provide
two sessions of testimony therapy to a survivor in the
afternoon.
Evening
Tuesday Morning (1) Mindfulness meditation
(2) Supervision and process analysis meeting: Each pair reports
3 March experiences and problems from the day before: what went well
and what were the problems encountered
Evening
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Wednesday Morning (1) Mindfulness meditation
(2) Supervision and process analysis meeting: Each pair reports
4 March experiences and problems from the day before: what went well
and what were the problems encountered
Evening
Thursday Morning (1) Mindfulness meditation
(2) Supervision and process analysis meeting: Each pair reports
5 March experiences and problems from the day before: what went well
and what were the problems encountered
Afternoo Plans made for a delivery ceremony: where will it take place
n and how will it be done (privately, in a public space, in a
community meeting?)
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List of the participants
S Name Age Male Female Caste Tribes Education Language Work experience Organization
.no
01 Mr. 42yrs X Kurmi Master of Bengali, Hindi, 20yrs Jan Madhyam
Bhupati Social English
Nath Work
Mahato (MSW)
02 Mr. Shyam 43yrs X Santha B.Com Santhali, Bengali, 3yrs Bhumi suraksha
Charan li* (H), LLB. Hindi samiti (partner of
Murmu the CREJ
network)
03 Mr. 41yrs X Meitei P.G. Hindi, English, 10yrs Social
Keisam Diploma Manipuri Upliftment
Pradip in Association
Kumar Journalis
m & Mass
Communi
cation
04 Mr. Arun 32yrs X Mund B.Com Hindi, Mundari, 2yrs Jan Madhyam
Agapit a* (H), LLB Sadri, English
Topno
05 Mr. Vijeta 26yrs X Mund M.A. Hindi, English - Jan Madhyam
Tiru a
06 Mr. 28yrs X Satnami B.sc. Hindi 5yrs F.F.D.A.
Rajkumar (S.C.)
Dahariya
07 Ms. Renu 35yrs X General Intermedi Hindi, English 6yrs Lokswar
Singh ate (I.A.)
08 Ms. 35yrs X General B.sc Hindi, English 2yrs Lokswar
Archna (Botany)
Singh Hons.
09 Mr. Jai Raj 36yrs X Rajput B.Com English, Hindi, 4yrs Jan Madhyam
Shekhar (General) (Hons.) Bengali
10 Mr. 38yrs X Kurmi M.Com Hindi, English 10yrs Adarsh Seva
Mahabir (OBC) Sansthan
Mahato
11 Mr. Ajaz 25yrs X Forward B.sc (part- English, Hindi, 2yrs Samarpan
Khan (Khan) II) Urdu (partner of the
CREJ network)
12 Md. 38yrs X Muslim B.A.(Histo Hindi, English 5yrs Yuwa Manthan
Murtuja ry) sansthan
Ansari
13 Mr. 28yrs X - M.A Hindi, Nagpuri, 9 yrs Jan Madhyam
Praveen Economics Khortha, Santhai,
Kumar Mundari,
Maghahi, Kortha
14 Mr. Manto 36yrs X - BSc Manipuri, 15 years Wide Angel
Ahanthem Antropolo English and
gy Hindi
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{The age of the participant’s range from 25 to 43. 11 of them were male and 3 of them were female. 4 of the participants had an MA degree (in
social work, Economics, human rights and commerce); 9 had a Graduation (Anthropology, history, science, commerce, botany,); 1 had only an
intermediate school education with Biology stream and one had P.G Diploma. 11 understood English, 3 understand any English. 3 of them
belongs to tribal community: Munda and Santhali}
*SANTALS: (also spelled as Santhal; formerly also Sonthal) are the largest tribal community in India, found mainly in the states
of West Bengal, Bihar, Jharkhand, Assam, and Orissa. The Santal community is devoid of any caste system and there is no
distinction made on the basis of birth. They believe in supernatural beings and ancestral spirits.
*MUNDA: are tribal (Adivasi) people of the Chotanagpur (Jharkhand) region, which is spread over eastern states of India
(Jharkhand, Bihar, West Bengal, Chhatisgarh, Orissa and Assam), Their language is Mundari, which belongs to the Munda
subgroup. There are some two million Munda people (twenty lakhs).
The term Munda given to this community designates the name of the leader of the tribal community. The munda call themselves
"Hodoko" which means "Human Beings".
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PROBLEMS AND LEARNING DURING WORKSHOP WHILE DOING THE
ROLE PLAY AND TAKING THE TAKING THE TESTIMONY
• Mistrust
• No eye contact
• Problem in opening the story after first interaction.
• Few particpants start discussion instead of using active listening techique
• Language
• Loss of control on survivors as they start telling their story while filling up
M&E
• Few interviewers does not make confidentially in role play.
• Not mentioning the name of the interviewer and note taker in M&E
questionnaire and not filling the M&E in sequence manner.
CHALLENGES:
FEED BACK
Assessment of need
Prepare strategy
Methods/Materials
ROLE PLAY
Dr. Lenin, Mr. Upendra and Mr. Mantu did role play for making participants
more clear how to take testimony.
{Story: Interviewer (Dr. Lenin) and Note taker (Mr. Upendra) went to the survivors
named as Mantu house. Mantu is victim of Arm Forces Special Power Act (AFSPA). He
is very much panic with the military due to which he was unable to trust on both of
them. As after the incidence lots of media and other people publish his story and in
reaction to that again military came and start giving threat to him. After convincing him
and giving psycho –education he was ready to share his self suffering. However he was
not willing to publish his story and he wants his story should be read only in front of his
family members. He wants to keep it testimony as a private document.
Again on second day Dr. Lenin, Mr. Upendra and Mr. Mantu did role play of
the second session i.e. closing the story in which survivor is asked to correct
the story or add any additional details that may have been missed;
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Role Play: Note taker (Mr. Upendra) read the story to the survivor named Mantu
(Mr. Mantu) he make few correction. This time survivors was more confident and he
start telling those information which he did not share in first session. Interviewer
asked about the feeling of the survivor, he said he is feeling very much relief from
inside and first time he share his trauma till now which he did not share with his
wife.}
HONOR CEREMONY:
In the second session two type of delivery (honor) ceremony was demonstrated
in front of the participants. One in family and second itself in the survivor
community, reading testimony, honoring survivor to retain his dignity back in
the society.
II. In Community: to encourgage survivors for his brave fighting against the
displacment. He was honored by flower garland by the renowed leader
against the displacement issue.
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After honoring they start chanting with slogan against the ASPFA and
displacment and demand for the torture free life.
• You tube
• Web news
Advocay
Testimony
Psychotherapy
The group of two one note takers and the other interviewer is every day interchanged on
the performance of the participants and the problem encountered. While taking testimony
participants were being monitored. In four days i.e. 2nd March, 09 to 5th March, 09. 28
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testimonies were taken by the participants, due to excess survivor and qualitative input by
existing trained participants Ms. Anupam, Ms. Shabana and Mr. Upendra took the
testimony.
The 28 survivors who gave their testimonies were known to Jan Madhyam and
CREJ. Most of them were the survivors of land displacement Jharkhand
Government had signed over 42 Memorandum of Understandings (MoU) with
investors including Mittal Steel, Tata Steel, Jindal Steel and Power Company
Limited since Jharkhand became a state in 2000. These projects could displace
large number of Adivasis. But the government failed to rehabilitate even those
displaced between 1951 and 1991, nearly half of whom were tribals.
21/ 28 were male, and 7/28 were female, 2 belonged to the upper castes, while 8
belonged to the “backward” castes and 2 to the “scheduled” castes and 16
belongs to schedule. 18 were Hindus, 6 were Christian, 1 Atheist and 2 belongs to
other religion. . There were 20 primary victims, and 8 were secondary victims.
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S. Name Address Age Education Religion U.C Backward Schedul Tribe Gender Occupation P.V S
no caste e V
1 Suruch Dumka 16 Secondary Hindu Y Female Agriculture Y
Kisku
2 Hopna Dumka 45 Primary Sarna Y Male Agriculture Y
Baskey
3 Chote Lal Dumka 19 Secondary Christian Y Male Agriculture Y
4 Banku Dumka 37 Intermediate Hindu Y Male Social Y
Yadav Activist
5 Ravan Soren Dumka 35 Secondary Hindu Santhali Male Agriculture Y
6 James Soren Dumka 40 High school Christian Y Male Agriculture Y
7 Viswanath Singhbhum 55 Primary Hindu Y Male labour Y
Pramanik
8 Maki Garai Bokaro 40 None Atheist Y Female Maid Y
servant
9 Sandeep Bokaro 26 High School Hindu Y Male laour Y
Prajapati
10 Niyarjan Simdega 58 High School Christian Y Male Retired Y
Jojobar Army
11 Virendra K. Bokaro 38 High school Hindu Y Male Agriculture Y
Manto
12 Snehasish Hehal 30 B.A Hindu Y Male Business Y
Chakroborty
13 Ranjit Giri Bokaro 32 B.A Hindu Y Male Lawyer Y
14 Mrs. Singhbhum 40 Primary other Munda Female Agriculture/ Y
Saraswati Animal
Sardar husbandry
15 Malti Soren Singhbhum 40 none Sari Y Female Agriculture Y
16 Shiv Charan Singhbhum 55 Primary Hindu Y Male labour Y
Sardar
17 Badal Singhbhum 40 High School Hindu Y Male Agriculture/ Y
Sardar Animal
husbandry
18 Sardar Singhbhum 30 Intermediate Hindu Y Male Agriculture Y
19 Satyajeet Singhbhum Primary Hindu Y Male Agriculture Y
20 Tapas Singhbhum 38 B.A Hindu Y Male Agriculture Y
Kumar
Bhagat
21 Battisi Koderma 50 none Hindu Y Female Household, Y
Agriculture
22 Indramani Girih Dih 32 B.A Hindu Y Male Journalism Y
Sahu
23 Lidiya Tuti Khuti 40 none Hindu Y Female Agriculture Y
24 Raju Lohra Gumla 35 Secondary Hindu Y Male Agriculture Y
25 Savitri Devi Dhurwa 40 Primary Hindu Y Male Business Y
26 Basanti Tuti Khuti 57 High School Christian Munda Female Agriculture Y
27 James Tuti Khuti 28 Secondary Christian Munda Male Agriculture/ Y
Animal
husbandry
28 Thomas Khuti 50 None Christian Munda Male Agriculture/ Y
Kandiv Animal
husbandry,
household
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• After the workshop Peoples’ Vigilance Committee on Human Rights
(PVCHR) and Jharkhand Jan Sanskriti Manch has jointly released
statement on the atrocities done by the police in Kathikund district.
http://www.mynews.in/fullstory.aspx?storyid=16424#
ANNEXURE - II
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• Ms. Parul Sharma independent donor from Sweden gave 2500 INR from
emergency fund for the treatment of Adv. Ratandeep Gupta. In
consequence of the torture his bone of hip has been crafted to fibula now
the puss is oozing from his leg due to infection. He is feeling pain. Doctor
advised him take proper treatment and it will costs Rs 2500/. The story of
Adv. Ratan Deep Gupta is published in web news “POLICE TORTURE
PUSHES TO ABJECT PENURY”
http://www.mynews.in/fullstory.aspx?storyid=16844#
• The testimony of Raju Lohra “My life is no more Safe can be read at
http://www.mynews.in/fullstory.aspx?storyid=18330 an open letter was
send to the Prime Minister of India about the pain and agony of Jharkandi
people in India. http://pvchr.blogspot.com/2009_05_01_archive.html
2. http://www.thesouthasian.org/archives/2009/police_attacks_dali
t_settlemen.html
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• PVCHR send complain to complaint cell of Director General of
Police (DGP) office through email and receive the response as
“Thank you for writing to us. Your complaint has been send to IG
complaint cell of DGP UP at 1 Tilak Marg/ B.N. Lahiri Marg
Lucknow for further action. Your are requested to wait for reply or
contact IG Complaint cell directly at control room tel no 0522-
2208596. Your interaction is extremely valuable to us. “.Result is
that departmental enquiry against local police officials started and
in the process of enactment.
• PVCHR filed the petition with SSP,DM, Chief Minister of UP and
National Human rights Commission(NHRC).
• Prime Minister office considers the case and forwarded letter to
Chief Secretary of U.P for immediate and appropriate action.
Letter
No.: 1140/MS/PM/2009
Lucknow: date : 6th march, 2009
(Signature)
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Chandra Prakash
Private Secretary
Please be aware that the nature of any action by the special procedures is of a
humanitarian nature only; an appeal to the authorities for information on steps
they have taken to examine the allegations made. It does not amount to a legal
procedure.
In the event that the special procedures decides to act, please note that this
procedure is public and correspondence related to the case will be published in a
public report. As such, we would appreciate if you could indicate whether the
victims consented to having the Special Rapporteur on Torture and the Special
Rapporteur on Violence against Women communicate this case to the
Government.” We asked the survivors to give their consent, which was
communicated to Special Rapporteur.
• Dr. Lenin and Ms. Shruti met with Mr. Rahul Gandhi, Member of
Parliament and National General Secretary of Congress (I) at 10 Janpath,
New Delhi and gave letter enclosing with the Manual and the article in
relation to reform in Police System and Congress Party mentioned the
agenda of police reform in its election manifesto and it was also send to
the various political parties. (Annexure IV)
http://pvchr.blogspot.com/2009/05/lobbying-on-police-
reform.html
• We took the testimony of Mr. Sachinder and Chote Lal who were
working as bonded labour before taking the legal action on 24th February,
2006.Asian Human Rights Commission released urgent appeal
http://www.ahrchk.net/ua/mainfile.php/2006/1553/, petition was also
sent to National Human Rights Commission (NHRC). In the investigation
ADM (Administration) Varanasi was not satisfied as they were stating the
fragmented story, However after the testimonial therapy they state the
convincing self suffering which result , on 27th January, 09 ADM
(Administration) gave release order and other 11 bonded labour were also
released, which leads in to legal action against the owner of brick kiln
and process of rehabilitation package of twenty thousands to each.
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• We took the testimony of Mr. Guddu Vanwasi, who is bonded labour in
brick kiln factory and continuously tortured by the owner. Letter was sent
to National Human Rights Commission, New Delhi and Inspector General
of Police (I.G).We provided the medical support to him from the
emergency fund financed by Ms.Parul Sharma, Sweden. Police station of
Phulpur, Varanasi filed the FIR, a criminal case against the owner of brick
kiln factory under SC/ST atrocity Act 1989.
ANNEXURE III
HONOR CEREMONY:
On 16th February, 2009 honor ceremony was organized in Ghasia ghetto of Raup
village of Sonbhadra District. The Hindi version of Manual “Giving Voice” was
inaugurated by Prof. Deepak Malik, Department of Economics, and Banaras
Hindu University.
Program start at 10:am in the morning with the welcome speech and followed by
the tradition Karma dance perform by the two groups of Ghasia tribals of Raup
and it come to an end at 2:30 by vote of thanks. Ms. Helma Ritsher Chairwomen
Indo – German Society Remscheid, Germany and Prof. Deepak Malik, Banaras
Hindu University chaired the session.
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Manual inaugurated by Prof. Deepak Malik
The Ghasia ghetto is icon against the police torture and its consequences. After
the police torture 18 children of Ghasia tribe died due to hunger and
malnutrition situations. Father Thomas Mathew, Director Navjeevan Trust,
Rajkot, gave his best wished for this joint venture, Mr. Kisor Chaudhuri FRGS
wishes every success for this commendable endeavor and Dr. Sany Varghese,
Clinical Psychologist he stated Kindly inform your future developments and am
interested to continue with you.
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Group photo with the survivor
Street Play
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ANNEXURE IV.
NATIONAL CONSULTATION:
http://dgroups.org/file2.axd/0c8e3348-0d27-466a-98fa-
c9561c87c1ec/schedule_1.pdf
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Nearly 77 delegates from various organization and embassy actively participate
in this consultation the list of the delegates is annexed. The consultation starts
with the welcome speech by Dr. Lenin, Director of PVCHR. Mr. Yan Kreuter,
Deputy Head Mission, Embassy of the Czech Republic on behalf of E U
Presidency, Ms. Dorte Bech Vizard, Political and Press Counselor, Royal Danish
Embassy, Mr. Gautam Navlakha, Consultant Editor, EPW and Mr. Sanker Sen
Ex- Director General, National Human Rights Commission were present in the
inaugural session of in which Mr. Jan Ole Haagensen, Director, International
Department, Rehabilitation and Research Centre of Torture Victims (RCT)
gave their speech on the condition of torture in India.
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Mr. Jan Ole Haagensen speech can be seen linkage given below:
http://pvchr.blogspot.com/2009/04/testimonial-therapy-to-improve.html
http://www.scribd.com/doc/14289302/Speeach-of-Jan-Ole- and it was also
published in National Confederation of Human Rights Organization, India
NCHRO
http://www.nchro.org/index.php?option=com_content&view=article&id=6782:
india-government-must-ratify-cat&catid=64:op-ed&Itemid=34
and
http://de-
de.facebook.com/posted.php?id=38142319886&share_id=74192176308&c
omments=1&ref=mf
Mr. Jan Ole Haagensen also brief about RCT in the inaugural session of the
consultation the link of his presentation is given below:
http://www.scribd.com/full/14260021?access_key=key-
mbkrwubeapn4qsn3v7x and his article India Government must ratify CAT can
be viewed at http://www.mynews.in/fullstory.aspx?storyid=17747#
Mr. Henri Tiphagne, Executive Director Peoples’ Watch briefly present about
the National Project on Preventing Torture in India his presentation can be
viewed at http://testimony-india.blogspot.com/
http://www.scribd.com/full/15075637?access_key=key-1m8n6ddifc8v0orlc4f8
Dr. Lenin Raghuvanshi and Ms. Shirin Shabana Khan, Project Coordinator
present, 3 Training of the Trainers workshops were conducted in which 40
human rights activists and community workers, who were already working in
their communities, were trained during the pilot project “Capacity building
project on testimonial therapy for Human Rights Organization in India”,
Guided by the trainers, participants capitalized on the skills developed during
the workshops to develop a manual, as well as a Monitoring & Evaluation
system to quantify the outcomes and compare various psychosocial parameters
before and after the intervention.
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Utilizing the testimonial method, 85 survivors of torture gave their testimonies.
65 (76%) were male and 20 (24%) were female. 61 are primary victims and 24 are
secondary victims. 72 (86%) were Hindu, 8 (9%) were Muslim, and 6 (7%) were
Christian. 8 (9%) belong to upper castes, 39(46%) were OBC, 18 (21%) were dalits
and 20(24%) belonged to tribal communities. Their presentation can be viewed at
http://www.scribd.com/full/15043326?access_key=key-
1mep3bxes8mph4q10zvw
DISCUSSION:
Mr. Mantu: The condition of other states is different than of Jammu & Kashmir
and North East. The psychological healing is the core part of this therapy and
healing and honoring a person may bring a turning point in his life. Which leads
into breaking the silence and challenging the impunity
Loyal H.Lall: What about the therapy to the person who are violating the human
rights like police or any other person.
Dr. Inger Agger, Consultant RCT presents the testimonial method was originally
developed in Chile during the military dictatorship in 1970s. It has been
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successfully used in the psychotherapeutic treatment of refugee survivors of
torture in many countries and it has also been an advocacy tool employed by
different human rights movements. Most recently, principles of cognitive
behavioural exposure therapy and testimony therapy have been combined as
narrative exposure therapy for the treatment of traumatised survivor of war and
torture.
During the first two sessions of the ‘Capacity Building’ workshops, testimonies
were written and in third session victims of torture participated in a delivery
ceremony. The trainee therapists also followed up with survivors to assess their
feeling after the intervention.
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Session three: Presentation
Chaired by: Mr. Noor Ahamed Baba
Theme: the Impact of testimonial therapy in the life of survivors
Ms. Munni Devi a secondary victim and Mr. Pintu Gupta a Primary victim of
police torture inform the impact of testimonial therapy in their life and Ms.
Kamar Jahan survivor of Gujarat Carnage narrated her suffering of impunity.
Mr. Traun Bose read the testimony of three survivors. Slide show of honor
ceremony and its impact on the life of few survivors was demonstrated.
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To make victim as human rights activists.
The methodology of the testimonial therapy is very much flexible.
The key issue is to combat torture and organized violence,
We should join together for the further use of the testimonial therapy.
Effort to support the victim in fear & Phobia breaking the silence which
leads into the challenging the impunity
Day Two:
Session one:
Chaired by Mr. Suhas Chakma
Theme: Panel for planning for the creation of an alliance for the use
of testimonies in India
a. National Database
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Action 2: Legal Rehabilitation
Apart from the National Human Rights Commission, there are a number of
National Human Rights Institutions (NHRIs) which have a role to play to
combat/eradicate torture. The key NHRIs include National Commission for
Minorities (NCM), National Commission for Scheduled Castes (NCSC),
National Commission for Scheduled Tribes (NCST), National Commission for
Women (NCW) and National Commission for Protection of Child Rights.
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Considering that NHRIs seldom effectively address the cases of torture, the
following actions should be considered:
- Filing of the complaints with these NHRIs through the alliance considering that
the complaints are often not registered and victims/complainants are subjected
to torture/ intimidation/ harassment by the perpetrators;
- Monitoring of the cases (by linking with the National Database programme)
and taking appropriate actions (linking with legal rehabilitation) against the
NHRIs for the failure to address torture.
Similar actions can be taken with regard to the State Human Rights Commissions
and other State level NHRIs.
Action 4: Rehabilitation
The people come to us are the victim of torture and victim of organized violence.
They come to us with the injury, legal or emotion. They look for justice; justice is
32 | P a g e
nothing legal remedy but something more. Healing = justice. Simple legal
remedy should not be enough. I would prefer therapeutic jurisprudence as also it
produces the feeling of justice.
On the national Data on torture talk with national law university, Banglore and
motivate them to open a department for therapeutic jurisprudence and they
formally have curriculum on that. Someone will write academic process to
motivate young generation.
All the members from the panel are continuously giving their commitment. In
relation in fact we have only start in year 2005. We do know little bit about India
and challenges. We have to be little bit careful in looking different possibilities
and Challenges in India. Where we do in a meaningful to some programme, it is
33 | P a g e
an enormous country and my organization is tiny and we cannot change every
change every thing in hurry.
Out come of this national consultation will also going to include in our plan for
in relation to India. We are going to create in our action plan for year 2010 – 2014.
You listen to Danish embassy and we have fairly high standing relation with
Danish Foreign Ministry. We have secure funding as it is possible in term of
planning. We are not looking torture as physical, mental or economical problem
but we want perspective from political science and social science also. The
outcome of national consultation will include in the plan of action. How will you
prepare action plan to prevent torture in India. Such as plan come up in our
organization we will divert our attention thorough on that plan. We will focus
on different axis.
What we are taking of creating alliance, you include survivors who are facing the
police torture and you should also include the survivors of organized violence. It
is important what we are thinking about them.
In the alliance report is submitted in the meeting and what we are doing about
human rights defender facing problem in the village. As in the northern part of
Himalaya tribal are doing discrimination and atrocity with the dalits.
There are 1000 of therapeutic technique in the world; we can say testimony as a
therapy reason is given below:
• Victim also understands the principal of testimony and ready to use that.
It does not have anything to do with it. It is a technical term you can even
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find a better therapy, which is understood. Testimony therapy is giving
scope for diversity of application.
MESSAGES:
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http://dgroups.org/file2.axd/e92ad2d0-f92e-41eb-8d1a-
d0287862a3de/Testimony_article_final.pdf
ANNEXURE - V
• An open letter was send to Prime Minister of India that Mr. Montu, who is
part of National Alliance on Testimony Therapy (NATT) against the
"operation summer storm" by the army in Loktak national park area in
Manipur. This operation is continued since 6 days and displaced more
than 3000 (including children and women) villagers from the operation
area and its gross violation of human rights and child rights in the area. It
is serious matter and it is the racist attack on Manipurians. Please save the
life of innocent people.
The operation stopped just after four hours sending the petition.
Detailed press release can be read at
http://pvchr.blogspot.com/2009_04_01_archive.html
36 | P a g e
ANNEXURE –VI
To
Shri Rahul Gandhi Ji
MP and General Secretary (Congress)
New Delhi
Sir,
We would feel highly obliged to you if you kindly allow me to draw your
attention on the necessity of police reform so that the objective of welfare state of
India may be fulfilled up to maximum extent. The police does not have right to
take the life of any person. If by his act, the policeman kills a person, he commits
an offence of culpable homicide or culpable homicide amounting to murder
unless such killing is not an offence under the law. Under the criminal law
prevailing in India, nothing is an offence which is done in exercise of right of
private defence (section 96-106 of Indian Penal Code). But the right given under
these sections of Indian Penal Code is not absolute right and they can be
exercised under the restriction given in section 99 and 104 of same Act.
So causing death of any person without reasons can not be justified. India is a
welfare state and our constitution provides right to life and personal liberty. It
includes living with human dignity. It is the duty of state to ensure the
fundamental rights for every person.
However the torture of police has been increasing very rapidly from the last
decade. The police encounter, custodial death, custodial rape, and the atrocities
of police are day to day news. To reduce these events the Janta Party
Government set up Soli Sorabji Panel, but before submission of the report the
government fell down and the report had not been enforced and the arbitrariness
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of police had been promoted in every state. Recently Times of India news paper
published that largest number of custodial death was registered in UP.
On 22nd September, 2006 the Supreme Court of India in case of Prakash Singh vs
Union of India in its historical decision ordered wide reformation in police
organization. Due to its impact the police organization would be able to work
without political influential and adequate reformation can be made in law and
order. It would help in reducing atrocities. Faced with Supreme Court directives
to implement the much delayed police reforms, union government has set in
motion the process to bring a new police act, incorporating the suggestion of the
Soli Sorabji Panel. The report has called for drastic changes in the 145 year old
police act to introduce fixed two year tenure for police officers down the line
from DGP to SHO, as well as separation of maintenance of law and order from
crime investigation, duties.
Police law is continuing from the period of British which is based on police
regulation Act, 1861. The object of police administration was to quash the Indian
before independence and to maintain the English rule, but today the police
administration is the part of India as a welfare state. So there is need to do basic
change in Indian police system. The 'police' are the subject comes under state list
of seventh schedule. Its provision is given in art. 245. So it is the subject of state
and it is the responsibility of state to reform the police system. Following are the
main points under police reformation:
o The main objects of these reformations are to establish the accountability
and sensitivity of police towards people which should be conducted
through rule of law.
o The second object of these reformations is to fix the tenure of police
officers. Their tenure is fixed for two year.
o The selection procedure of DGP should be transparent and
recommendation of their promotion should be made by Board of Public
Services Commission (BPSC).
o The State Government has been ordered to establish a state security
commission, so that the State Government may not pressurize the police.
This commission will ensure that the police will work according to
constitution and law of country.
o There shall be a Police Establishment Board in each state which shall
decide all transfers, positions, promotions and other services related
matters of officers of and below the rank of Dy. S.P. The State Government
may interfere with the decision of the Board in exceptional cases, only
after recording its reasons for doing so.
o There shall be Police Complaint Authority at district level to look into the
complaints against police officer of and up to the rank of Dy.S.P. Similarly
there should be another Police Complaints Authority at the state level to
look into complaints against officers of the rank of S.P. and above. The
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district level authority may be headed by retired district judge and the
state level authority is headed by retired judge of High Court.
o The National Government shall also set up a national level commission at
the union level to prepare a panel for being placed before the appropriate
appointing authority for selection and placement of chief of central police
organization, who should be given a minimum tenure of two years.
As per the amendment made in criminal procedure code, section 176 makes the
provision that if any dies or disappear or rape is alleged to have been committed
on any women, when such person or women is in the custody of police or in any
other custody authorized by magistrate or court under this code in addition to
the inquiry or investigation held by police , any inquiry shall be held by Judicial
Magistrate or Metropolitan Magistrate as the case may be within whose
jurisdiction the offence has been committed. The Judicial Magistrate or
Metropolitan Magistrate or Executive Magistrate or police officer holding an
inquiry or investigation shall within 24 hours of death of such person, forward
the body of deceased with a view to its being examined to the nearest civil
surgeon or other qualified medical person appointed in this behalf by the state
government unless it is not possible to so for reasons to be recorded in writing.
Apart from this, National Human Right Commission issued guide lines to all
chief secretaries of state and administration of union territories in dealing with
death occurring in encounters with police on 29/03/1997 and on 2/12/2003 a
revised guidelines have been issued and it was emphasized that state must send
information to the commission of all cases of death arising out of police
encounters. Following are the revised guidelines:
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Prompt prosecution and disciplinary action must be initiated against all
delinquent officers found guilty in the magisterial enquiry/ police
investigation.
Question of granting compensation to the dependents of the deceased
would depend upon the facts and circumstances of each case.
No out of turn promotion or instant gallantry rewards shall be bestowed
on the concerned officers soon after the occurrence. It must be ensured at
all costs that such reward are given / recommended only when the
gallantry of the concerned officers is established beyond doubt.
A six monthly statement of all case of death in police action in the State
shall be sent by the Director General of Police to the Commission so as to
reach its office by the 15th of January and July respectively. The statement
may be sent in the following format along with the postmortem reports
and inquest reports wherever available and also the inquiry reports:
Along with above guidelines the then CJI send their request to all the state and
territories to adhere these guidelines in letter and spirit both.
National projects on torture in India: demands that
1) Ratified the UN convention against torture and its optional protocol
2) Enact legislation to prevent corporal punishment in schools.
3) Enact a domestic legislation that makes torture a punishable offence and
provides for the protection and care of victims and witnesses.
4) Enforce strict implementation of the Preventation Of Atrocities Act, 1989
5) Establish District Human Right Courts under the protection of Human
Right Act, 1993.
However irony is that the guidelines of Supreme Court and National Human
Right Commission are not being followed and the cases of police torture are
increasing very rapidly.
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Now the time has come to reform the entire police system to prevent the police
torture of innocent people. The constitution of India establishes the India as a
welfare state, which can be achieved only after following the police reformation
and implement the ruling of the apex court. The police should be people friendly.
The efforts should be made at every level and the parliament should pass the law
and new Police Act should be made by parliamentarians. This will be helpful in
reducing the police torture and it will fulfill the real sense of policing.
Thank You
Dr. Lenin
(Convener)
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ANNEXURE –VII List of the delegates:
4 Alexis Heeb
5 Anil Bairwal ADR anil@adrindia.org
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13 Frauke Bergmann Interns frauke_bergmann@web.de
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26 Joanna Evang EHRAC joannaevang@mac.com
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40 Mr. Niraj Kumar PUCL A-37, Triloky Colony, Kotla puclniraj@sify.com
Mubarakpur, N.D
41 Nidhi Dharmaraj CHRI B-117, Sarvodaya Enclave N.D nidhi@humanrightsinitiative.org
53 Mr. Salam Khan CRY H -78/12, 2nd Floor, Batla house salam.delhi@gmail.com
New Delhi
54 Ms. Sunila Singh PW 4/46 II floor, Malviya Nagar, sunila.singh@hotmail.com
N.D
55 Mr. Suhas Chakma ACHR C-3/441 - suhaschakma@achrweb.org
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56 Mr. Sanker Sen Ex- Director sankarsen_ips@yahoo.com
General NHRC
57 Ms. Sophia 47 Sunder Nager , New Delhi
Rougevin Baville
58 Sharan Srinivas CHRI sharan@humanrightsinitiative.org
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68 Vincent PWTN
69 Mr. Yan KreuterEmbasy of Chez yan.kreuter@gmail.com
Republic
70 Mr. Anup Kumar PVCHR SA 4/2 A Daulatpur, Varanasi anup.obra@gmail.com
Srivastava
Ms. Anupam PVCHR artemispam@gmail.com
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ANNEXURE –VIII
From the desk of Legal Advisor of PVCHR
(A process for justice & to challenges impunity in criminal justice system)
Jaswant
Case is pending in the court. The father of Jaswant Rampati Ram has filed the petition
in high court. Cri. Misc. Writ Petition No. 16746/08, Under Article 226 of the
Constitution of India has been filed in the high court of Judicature at Allahabad. The
petition is pending in the court of hearing.
Rabri Devi
Smt. Rabari Vs Prem Shankar Rai,
Court Name: JM-I Varanasi.
PW1 constable examined. On 7.05.09 victim Smt. Rabri devi appeared in the court
next date 26.05.09 is fixed her statement before fast track court-I Varanasi.
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Banshi Rajbhar
Banshi Rajbhar Vs 1-Indrajeet & others
Court name: JM-III Varanasi
The case is pending in the court. Medical report of Banshi Rajbhar has been
summoned.
Lallan
Lallan Vs Dasharath Rajbhar & other.
Court name: JM-III Varanasi
The case is pending in the court of hearing.
ANNEXURE –IX
Paper clipping
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