GRI Ejournal 2011 July PDF

GROUND REPORT INDIA
eJournal-July2011-Edition
(This Edition is circulated to the more than 70,000 friends in around 100 countries) ____________________________________________________________________________________________________________
Contents
Cover Reports ...............................................................................................................................................................3 Global Warming, CDM and Coal Power Plants .........................................................................................................3 EFSA launches updated guidance for food and feed risk assessment of GM plants................................................6 EFSA finalises the assessment of general function health claims ..........................................................................7 The growth of Naxal/ Maoist Influence due to neglect............................................................................................9 Dalit Mukti Morcha condemns social boycott and discriminatory practices against Dalit Woman Sarpanch ......13 International ...............................................................................................................................................................15 Independent Chinese PEN Center Celebrates Tenth Anniversary in Shadow of Escalating Repression Members Harassed, Prevented from Attending PEN Events ..................................................................................................15 Somalia: Children facing war crimes ......................................................................................................................17 SYRIA: Poet and song writer killed for a protest song ............................................................................................18 The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India ......................................................................................................20 MEXICO: Lydia Cacho threatened with death; fears for safety ..............................................................................22 Reports .......................................................................................................................................................................24 11, 12 & 13 November, 2011 Peoples SAARC Conference of Nature-Human Centric Peoples Movement...........24 Report of RTI Union Mtg on 23 July at Dadar: Draft Self-Redevelopment Guide etc ............................................26 Killing in custody, Indian law is not meant for BSF, ONLY IMPUNITY .....................................................................29 Prime Miniter of India condemns Oslo extremist violence ....................................................................................30 Vedanta Orissa projects ban must be upheld ........................................................................................................30 immoral trafficking, police harassment in west bengal .........................................................................................32 Orissa high court rejects Vedanta refinery expansion ...........................................................................................33 An other case of police torture in West Bengal .....................................................................................................34 India: Address Rights Issues During Clinton Visit....................................................................................................35 cruel, inhuman & degrading punishment by BSF upon the marginalised villagers ................................................38 23 Cancer Specialists team up across 17 States against Tobacco ..........................................................................41 inhuman torture, house break & false accusation by BSF......................................................................................44 Columns ......................................................................................................................................................................47 Americas New found love for India .......................................................................................................................47 Treasure of Faith Hoards of Wealth in Padmnabh Temple ....................................................................................49 Regional Geopolitics after Laden ............................................................................................................................51 Chairman of State Backward Commission gives an illegal order, says in High Court that he will take it back ......54 Page 1 of 61
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REVITALIZING LAW ENFORCEMENT .......................................................................................................................55 NGOs Ground Activities .............................................................................................................................................58 Invitation for the opening ceremony of The New School in Snehalaya Campus ...................................................58 The ultimate duty of mankind is the establishment of a system for Universal acceptance and protection of Human Rights .........................................................................................................................................................59 Appeal by Lok Adhikar, Delhi ..................................................................................................................................60
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Cover Reports
Global Warming, CDM and Coal Power Plants
Global warming has been considered as the existential threat for the man kind. The global community has identified many responses to reduce the impact of global warming; effectively reducing the emissions from coal burning is a major step in this regard. Coal power plants, which are considered to be the major source of Green House Gases (GHG), are at the focus of such efforts. The Clean Development Mechanism (CDM), under the patronage of United Nations Framework Convention on Climate Change (UNFCCC), was adopted in 1992 by most countries as a major global response to reduce global warming. CDM permits industrialized countries (Annex 1 countries under Kyoto Protocol) to earn emission credits through investment in sustainable development projects that reduce overall GHG emissions in developing countries. The CDM allows emission-reduction projects to earn certified emission reduction (CER) credits, each equivalent to one ton of CO2. These CERs can be sold to industrialized countries to meet a part of their emission reduction targets. This mechanism was designed to stimulate sustainable development and emission reductions, while giving industrialized countries some flexibility to meet their emission reduction limitation targets. Most of these reductions are through renewable energy, energy efficiency, and fuel switching (coal to non-coal options). India is one of the leading countries, which has registered for a number of such CDM projects. Within the power sector four coal power plants in India are known to have applied for such CDM registration on the premise that the super critical technology to be deployed in such projects would lead to reduced CO 2 emission, and hence qualify for financial benefits under CDM. This scenario calls for a serious examination of such a claim because a detailed examination of nominated coal power projects will reveal that such projects will result in net increase in CO 2 emissions, and hence defeat the very purpose of CDM. Super critical coal power plants will only reduce the emissions marginally. Such coal power plants are expected to involve an increase in thermal efficiency from about 33 - 35% for sub-critical coal power plants to about 37-39%, and may corresponds to a reduction of about 4 to 5% in emissions only. But such super critical coal power plants will consume a lot of coal, and water; they lead to destruction of thick tropical forests below which are the coal reserve; and they pollute the air, land and fresh water sources. Hence while the GHG potential of such individual coal power plants will be marginally less as compared to sub-critical coal power plants, the overall increase in GHGs at the country level will be much higher because of the addition of large number of such power plants. This defeats the very purpose of UNFCCC and CDM. As has been the past experience, the regulation of pollution control measures in India is far from satisfactory, and hence adding super critical coal power plants does not necessarily lead to overall reduction in GHGs and atmospheric pollution. Due to higher operational costs of pollution control measures many such coal power plants may not continue to take care in reducing the pollution. Whereas the provision of CDM benefits to additional coal power plants may encourage the proliferation of such coal power plants, the fact that the overall GHG potential will increase enormously must initiate a thorough review of the very idea of CDM as applied to coal power plants.
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Most environmental groups have called for an end to crediting coal plants with fighting global warming. Many experts who are closely following the CDM process have estimated that allowing new coal power projects to measure their emissions levels against older sub-critical coal power generating technology allows the project developers to exaggerate their greenhouse gas savings by 25 to 50 percent above where they actually are. As has been noticed recently there is a spurt in such power projects coming up in India, probably with a view to garner financial support of CDM, which otherwise might have been found economically unviable. The enormity of the problem can be gauged by the coal rush witnessed in the country with the reported approval of more than 170 coal fired power plants last year alone; this means nearly one project approved each working day. It is not difficult to imagine the huge impact on our society of so many additional coal power plants. It is a small consolation that a CDM advisory panel that reviews the methodologies behind various offsetting schemes has recently recommended that the CDM benefits to coal power plant be suspended immediately. The Executive Board of the CDM is expected to take up that recommendation during a meeting shortly. "The (coal) projects perpetuate the burning of coal, the world's most carbon intensive fossil fuel, CDM Watch says in a note commenting on the methodology panel's recommendation. "The financial support of coal projects fundamentally undermines the CDM's climate mitigation goals. In this context the very idea of providing financial support to coal power projects, even if they super critical power plants, appear preposterous. In Indian scenario, where the electrical power generating capacity has increased from about 1,000 MW in 1947 to about 170,000 MW in 2010, the gross inefficiency prevailing in generation, transmission, distribution and utilization of electricity is so huge that even the very idea of additional coal power projects seems sacrilegious. The social, environmental and economic impacts of coal power plants are so massive that a moratorium on additional coal power plants seems eminently advisable. The fact that the integrated energy policy has projected an increase in coal power capacity from about 80,000 MW in 2006 to about 400,000 MW by 2031-32 provides enough room for serious concerns, because most of the additional capacity projects are likely to be the candidates for CDM benefits. In this regard a 3,960 MW Ultra Mega Power Project (UMPP) in coastal Andhra Pradesh, which was registered in the CDM system recently, is an example. Many such UMPPs are reported to be in pipeline and they all are likely to be applicants for CDM benefits. It is estimated by Sierra Club, Washington that this project when commissioned may cause over 12.3 million tons of excess carbon emissions to be emitted, and could result in an undeserved profit of about 123 million based on current CER prices. Now if this much of CO2 emissions and CERs are multiplied by the number of UMPPs proposed, it means a lot of additional CO2 emission and a huge drain of CDM funds. At a time when green technologies are starving of essential funds, diverting huge sums of money for such coal projects which will only add to GHG emissions may be termed by many as criminal waste of scarce resources. Even if half of such funds were to be spent on energy efficiency improvement programmes in developing countries, it will mean a huge reduction in GHG emissions, and numerous benefits to those communities on a sustainable basis. It is very unfortunate that UNFCC has ignored this stark reality. As opposed to such a practice where profiteering by few private corporates are seen as encouraged by CDM, adequate investment in various green technologies will result in massive benefits to the society in addition to drastically reducing the GHG emissions. Investing in improving operational efficiency in generation, transmission, distribution and utilization of electricity will give a lot more benefits without any of the attendant pollution related issues of additional coal power plants. Such efficiency improvement measures alone in India may mean an Page 4 of 61
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addition of more than 20,000 MW of virtual capacity, and equate to avoiding burning billions of tons of coal and millions of tons of GHG emissions. It should not be ignored that the aggregate technical and commercial losses in Indian power system are very high of the order of about 35% as against the world best practice of less than 10%. Without plugging this leak effectively it would mean a huge drain on the society to invest in additional coal power plants; even in super critical coal power plants. The recent interim report of the expert group on low carbon strategies under Planning Commission has estimated that the efficiency improvement measures in power sector alone can reduce GHG emission by 200 Million Tons of CO2 equivalent by 2020 in India. Whereas these measures will provide perpetual benefits to the society in addition to improving the global environment, the additional coal power plants, even if they are super critical coal power plants, will lead to perpetual costs to the society. These efficiency improvement measures come at a much lower capital cost and at much lower overall societal costs. India also has a huge potential in distributed renewable energy sources, which while reducing the GHG emissions to the minimum levels, will also address many problems of the grid based power network. Since the coal power plants have many hidden costs the true cost to the society of renewable energy sources will be much lower. Hence a coal power plant, even if it is a super critical coal power plant, must not be seen as a way of reducing the GHG emissions in India. Financial incentives through CDM for such coal power plants will be a criminal waste of international funding. At a time when many CDM projects are coming under increased scrutiny because of their potential human rights abuses, it seems especially problematic to register coal based power projects in many states which have violently suppressed civil dissent. CDM is supposed to promote sustainable development, and coal-based energy production is far from sustainable say Alyssa Johl from the Center for International Environmental Law. Coalbased power projects have serious negative impacts on the environment and human health that will impose real and significant long-term costs on governments and communities alike. Local communities have good reason to be concerned." Another issue that needs to be addressed is that while the large number of additional coal power plants in India will go to add to the base generation capacity, the power deficit in almost all states is more during peak hours than on the annual basis. This situation of a large number of coal power plants coming up in a short span of 5-10 years is likely to lead to a stage soon when there will be excess base generation capacity with the result that the overall Plant Load Factor (PLF) will come down drastically at a huge cost to the society. Many of the coal power plants may turn out to be uneconomical and may have to be shut down. Hence the CDM based funding to the developing countries such as India, Pakistan, Bangladesh, Indonesia etc. should be prioritized in power sector: firstly on efficiency improvements measures until the overall efficiency of the power sector in each country reaches the internationally acceptable levels; and then only on locally available renewable energy sources. Research Article by: Shankar Sharma, Policy Power Analyst, Karnataka
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EFSA launches updated guidance for food and feed risk assessment of GM plants
The European Food Safety Authority (EFSA) has published updated guidance for the risk assessment of food and feed derived from genetically modified (GM) plants. The document expands on previous EFSA guidance and reflects the latest scientific developments in areas such as assessment of allergenicity and selection of the comparator plant against which the GM plant is compared. It also establishes a new statistical methodology to further strengthen the risk assessment of GM plants. As with all EFSA guidance documents on genetically modified organisms (GMOs), the Authority engaged in consultation at different stages during its development with Member States and a broad range of stakeholders. The guidance outlines methods and approaches for data generation, collection and analysis that must be followed by those submitting applications to EFSA for GM plant risk assessment. These are explained in detail in relation to the different components of the risk assessment, including molecular characterisation, field trial design, compositional analysis, toxicological assessment, allergenicity and nutritional assessment. The guidance will also support the European Commission in preparing a legal framework for the risk assessment of genetically modified food and feed. Riitta Maijala, EFSAs Director of Scientific Evaluation of Regulated Products, commented: This important document is the result of several years work by the EFSA GMO Panel. It will ensure continued rigor in the application process, strengthen and promote consistency in data provided by applicants and, ultimately, contribute to an even higher level of consumer protection from potential risks associated with the use of GM food and feed. The guidance was developed taking into account the experience gained by the GMO Panel during the evaluation of past applications as well as specific guidance on different aspects of GMO risk assessment such as assessment of possible allergenicity, statistical analysis and the selection of comparators. It does not cover the environmental risk assessment of GM plants which is addressed in a separate, stand-alone EFSA guidance document[1]. The cornerstone of GM plant risk assessment is a comparison between the GM plant and an appropriate conventional crop with a history of safe use (the comparator). Such comparisons are usually performed using a so-called test of difference which verifies whether the GM plant is different from its comparator. In the updated guidance, the GMO Panel establishes the use of two tests to perform the comparison: a test of difference and a complementary test of equivalence that verifies whether the characteristics of the GM plant fall within the range of natural variation found in conventional crops. The updated guidance also incorporates a new statistical methodology allowing for a reliable measurement of such natural variation. The general principles for the selection of comparators are described in detail in a related guidance document which was developed to take into account the increasing complexity of GM plants, particularly those which are created by stacking GM events[2]. In the related guidance, the GMO Panel also addresses situations where additional comparators may be required and scenarios where appropriate comparators are not available. The views of Member States, industry, non-governmental organisations and academia were carefully considered by the EFSA GMO Panel before the guidance documents were adopted. Most recently, on 31 March 2011, EFSA
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held a consultative workshop in Brussels in which Member States and stakeholders were invited to present their views on the draft version of the guidance for selection of comparators[3]. EFSAs guidance for risk assessment of food and feed from GM plants was adopted by the EFSA GMO Panel at a plenary meeting on 14 April 2011. During the same meeting, the Panel also adopted guidance on the selection of comparators, the principles of which are incorporated in EFSAs updated guidance on risk assessment of food and feed from GM plants. A previous draft of the updated guidance was published by EFSA in 2008.

Guidance for risk assessment of food and feed from genetically modified plants Guidance on selection of comparators for the risk assessment of genetically modified plants and derived food and feed
Source: European Food Safety Authority, European Union
EFSA finalises the assessment of general function health claims

Scientists on the European Food Safety Authoritys NDA Panel[1] have reached a major milestone in their work on health claims by publishing evaluations of the last group of general function claims[2], excluding those related to botanical substances. The publication of the final series of 35 evaluations is the culmination of more than three years work by EFSAs experts. Since 2008 the Panel has assessed 2,758 food-related general function health claims to determine whether they were supported by sound scientific evidence, thereby assisting the European Commission and Member States in the establishment of a list of claims authorised for food. These approved claims will enable European consumers to make informed choices about their diet. Professor Albert Flynn, Chair of EFSAs NDA Panel, said: This very challenging task was completed thanks to the dedication and commitment of the experts on the NDA Panel in collaboration with EFSA staff, who have had to cope with an unprecedented and unforeseen workload, coupled with very tight deadlines and often poor information. Despite these challenges our experts have assessed the claims consistently and fairly to the highest possible scientific standards. All this was achieved within the deadline agreed with the Commission. EFSAs independent evaluation concluded that a considerable number of claims made on foods are backed by sound science, including claims related to a wide range of health benefits. The outcomes of evaluations were favourable when there was sufficient evidence to support the claims. This was the case in about one in five claims, which related mainly to: vitamins and minerals; specific dietary fibres related to blood glucose control, blood cholesterol, or weight management; Page 7 of 61
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live yoghurt cultures and lactose digestion; antioxidant effects of polyphenols in olive oil; walnuts and improved function of blood vessels; meal replacement and weight control; fatty acids and function of the heart; the role of a range of sugar replacers (such as xylitol and sorbitol) in maintaining tooth mineralisation or lowering the increase of blood glucose levels after meals; carbohydrate-electrolyte drinks/creatine and sports performance. Experts issued unfavourable opinions in cases where the information provided did not allow a relationship between the food and the claimed effect to be established. Reasons included: lack of information to identify the substance on which the claim is based (for example, claims on probiotics, or on dietary fibre without specifying the particular fibre); lack of evidence that the claimed effect is indeed beneficial to the maintenance or improvement of the functions of the body (for example, food with antioxidant properties and claims on renal water elimination); lack of precision regarding the health claim being made (for example, claims referring to terms such as energy and vitality, or claims on womens health or mental energy); lack of human studies with reliable measures of the claimed health benefit; claims referring to food categories which were considered to be too broad, such as fruits and vegetables and dairy products to be linked to specific effects. In carrying out this work EFSA has adopted a phased approach due to the large number of claims received and the requirement for EFSA to publish opinions soon after adoption to ensure transparency. EFSA also combined similar claims (for example, by substance and/or benefit) to facilitate the risk assessment process and ensure a consistent approach. Catherine Geslain-Lanelle, EFSAs Executive Director, said: EFSAs work on general function health claims has highlighted the importance of constructive dialogue between risk assessors, scientists, decision-makers and stakeholders and has contributed to our thinking on the future shape of our organisation. As a result, EFSA plans to launch an applications help desk to facilitate dialogue with applicants. By ensuring that there is a shared understanding of the scientific evidence required, the work we have undertaken will, we trust, support the work of industry by helping to establish future directions for research and innovation. The NDA Panel will continue to assess health claims, such as those submitted by individual applicants concerning claims based on childrens development or health. Following a meeting with stakeholders last year, EFSA has finalised a guidance document for health claims related to gut and immune function and has launched on-line consultations on guidance for health claims related to: bone, joint and oral health; oxidative damage and cardiovascular health; and satiety, weight management and blood glucose concentrations. NDA opinions on general function health claims under Article 13 Out of the 4,637 claims submitted to EFSA by the European Commission between July 2008 and March 2010, the European Commission asked EFSA to evaluate 2,758 claims by June 2011, 331 claims were withdrawn and 1,548 Page 8 of 61
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claims on botanicals have been placed on hold by the Commission pending further consideration on how to proceed with these. Timeline of publications of EFSAs evaluations in this area: 1st October 2009, 521 health claims addressed in 94 opinions 25th February 2010, 416 health claims covered in 31 opinions 19th October 2010, 808 health claims, addressed in 75 opinions 8th April 2011, 442 health claims, addressed in 63 opinions 30th June 2011, 536 health claims, addressed in 73 opinions 28th July 2011, 35 health claims addressed in 5 opinions EFSA is liaising with the European Commission and Member States regarding the re-submission of a limited number of general function health claims, such as those relating to microorganisms which were considered by the Panel to be insufficiently characterised or claims for which the evidence provided during the initial submission was not sufficient to establish a cause and effect relationship. EFSA expects to receive the claims for reassessment from the European Commission before the end of 2011 and the precise timetable for the further assessment will be drawn up once the re-submission process has been completed. Source: European Union
The growth of Naxal/ Maoist Influence due to neglect

The proposition below attempts to address the root cause of the alienation of tribal communities, using a self funding and sustainable model to build up these communities by building infrastructure, generating employment, establishing education and healthcare programs and thereby reversing the condition of neglect and thus the influence of anti-state elements. Background It is widely accepted that the root cause of the problem is enshrined in the long term neglect of these areas, with the consequential social injustice leading to alienation of the locals from the state apparatus. Matters been made worse by the exploitation of these rich mineral belts by commercial interests who have little regard for local communities who have lived there for generations and now see their place of abode being usurped, families being made homeless, suffer widespread human rights abuse at the hand of the upper class, and have no recourse to justice or compensation. The result is an inevitable growing sympathy towards Maoists philosophy and the consequence is what we witness today. How can this situation be reversed? How can the confidence of the people be won by the state? How can law and order be restored? This is the key dilemma to be addressed. Developmental Gap & Need For Funding Page 9 of 61
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Years of neglect means these areas are lacking roads, employment, schools, healthcare, civic administration, law enforcement and judicial delivery. Development of and administration of these areas is without question a state subject, but these communities have been let down by the very same administration which should have looked after them. Today the tribals simply do not trust the state governments to help them. The discontent and the Naxal/ Maoists influence is spread across at least 10 states and over 500 districts. The States where trouble is brewing are: Manipur, Assam, Tripura, Nagaland, Arunachal Pradesh, Mizoram, Bihar, Jharkhand, Chattisgarh, Orissa, West Bengal and spreading. The Centre therefore needs to get involved to engineer a solution to address the root causes and restore law and order, without further alienation. Bridging the development gap, setting up a security and administration apparatus, building infrastructure (roads, communication) and creating employment all require large amount of funding and most of these programs are capital intensive. State governments cannot be reasonably expected to find such funds without Central intervention. Generation of Funds The first objective therefore should be to generate funds for funding of the various programs. I propose this is done by putting up a levy on all minerals. Mining firms already paying a levy, although this goes to state sponsored mafia, often led by elected representatives. The Centre needs to step in to extract a central tribal area development levy. A rough estimate of the funds which can result: There is estimated to be above 400 million tonnes of coal mined in these areas. A Rs1000/ ton levy will generate Rs 40,000 crores for the public purse! There is estimated to be about 100 million tonnes of iron ore available. Ever since China raised its demand for iron ore the producers export price has been between 4000/ton to 7,000/ ton and this has created huge margins for the miner. Again a Rs1000/ ton levy should be safely absorbed and this will generate at least Rs 5000 crores. The above two mineral examples will alone generate a huge amount of developmental revenue, which should be deployed for infrastructure development. A similar formula can be worked out for other minerals present in the area (as well as timber). How much levy is imposed on these should depend on what the market can absorb. These are funds which government seems to be deliberately losing, but no doubt this money is being stashed away illegally and fuelling the black economy. Deployment of Funds It is crucial that funds generated be used on programs which directly target the uplifting of local communities and not elsewhere since these communities have been let down for far too long. Local projects should have the objective of on-going long term benefits and if managed well should lead to a reversal of the alienation being witnessed. The disbursement of funds should be centrally controlled and projects centrally monitored by a team of auditors which should include some social activists, who have the confidence of the locals. The first priority should be to launch a road building program to make the areas accessible and through this also start employment of, and engaging of locals. Roads are also essential for the flow of security and developmental personnel. Page 10 of 61
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The second equally important objective should be to ensure that rather than ship out the minerals, industry should be encouraged to come up in the area to convert raw mineral into steel and other products, along with ancillary industry, near the source of the raw material. Once the locals buy into the strategy the area should become safe for such activity. Such a strategy will provide long term employment in the area. Moreover it does not make sense to have some other country benefit from our natural resources, which after all are finite in quantity and should be utilised to the hilt before they dry up. The third objective should be to utilise the funds generated from local resources to build up civil administrative structure, security and law enforcement apparatus on a massive scale to contain further insurgency and protect and secure the area whilst the development is progressed. Fourth and very important objective is to utilise Indias mineral resources for the direct and long term benefit of the Nation. Security & Law & Order For securing these areas at this juncture requires a massive deployment of well trained and well equipped personnel, backed up by solid grass roots intelligence. The security personnel should not walk into traps each time and intelligence should be one step ahead of the insurgents to prevent a further attack before it is launched. A variety of modes of intelligence gathering will need to be deployed to enable the security agencies to get on top of the situation and be in control rather than be reactive and defensive. It is not wise to go in with an overwhelming force of army and air force to attack whole communities to root out a few trouble makers. You cannot go and attack citizens of India who have for no fault of their own got caught up in the mess due to wholesale exploitation over so many years. It is neither wise to arm locals (eg Selva Judum) to create a local indiscriminate force to act against innocents. It is wiser to starve the flow of weapons and outsiders into the area, win the confidence of locals through grass roots social activity, identify known anti-state elements and build intelligence on them. Act with patience and move with stealth when you are sure of the target. It is proposed that the security build up should involve local residents and after training making them feel they are in control of their own security. Involving local population will fruitfully engage them, as well as provide much needed employment and hopefully they will feel it is their program, designed to benefit them, and they should be encouraged to accept ownership of the program. Inclusion of all stakeholders is always essential for transition to a trusting and friendly community. Again this program of recruiting, training and equipping of law enforcement personnel should be funded from the central levy. The security personnel will need to be properly trained, well paid, and well equipped and strictly controlled to ensure they are discipline and do not act indiscriminately against the local population like vigilantes. Recruitment will need to be done wisely with proper screening. Management of these resources will need to be on the same lines as Services to safeguard against risks of infiltration. The mining mafia, who have contributed immensely to the problem, will need to be checked immediately. They should be seen as a serious law and order problem and it should not be left to local politicians to deal with this. Existing mining licences (incl. those for Uranium minerals etc) should be revisited to ensure they are properly Page 11 of 61
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structured, have enforceable terms and are in the national interest. There are many large professionally managed miners operating in the area and they should be supported. However the terms of business and contract supervision must ensure national interest and no exploitation of locals. Local politician helping or shielding the mining barons guilty of wrong doing should be dealt with summarily. Comprehensive Development with social audit Using these funds, looking beyond the roads and security set up, a number of programs will need to be devised and launched with the objective of long term benefit to the community. It should be realised that the minerals have a finite volume, so the revenue generated needs to be wisely utilised with the aim of building up long term employment/ education/ health capacity in the region, before this valuable resource dries up. There should be a cost benefit analysis for all programs taken up, proper on-going audit of the program and fund utilisation by a team of independent auditors. A team of local elders and influential persons should be built up to act as patrons for each program proposed, to take ownership, to monitor the progress, and audit effective deployment of resources. All this is an essential part of the confidence building measure for neglected citizens of the area. The basic theme behind the ideas being that: - Self funding programs should be initiated, with the aim to building long term and on-going benefits for the inhabitants of the region. - There is a pressing need to win the confidence of the local in the state machinery through real benefits. - There is a need to set up civil administration, security and development program on massive scale to crack the problem decisively and prevent further growth of the Naxal influence. Once the benefits are seen to roll out, there should be depreciating sympathy for Naxal/ Maoist cause in the area after all such philosophies only gain sympathy where people perceive to have been neglected, are suffering and have little recourse to justice, health, employment, are not engaged in productive activities and have time on their hands for the anti-state elements . Article By: Anant Trivedi Ceng, MBCS, CITP 2 Ishwar Nagar (east), ND 110065
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Dalit Mukti Morcha condemns social boycott and discriminatory practices against Dalit Woman Sarpanch
Raipur, Chhattisgarh Dalit Mukti Morcha strong condemns the social boycott and discrimination against Dalit Woman Sarpanch in Karauvahdih Panchayat. A seven member fact finding team consisting of Vibhishan Patre, Sandhya Bodhlekar, Bundkunwar Banjare, Pitambar Nirala, Dhananjay Jangde, Santosh Ghitore and Goldy M. George visited the village on July 2, 2011 to get further details of the incident. On June 28, the incident came into limelight when the Sarpanch and other approached the SP office at Janjgir that the village as a whole has imposed a social boycott on many including the Sarpanch. Due to this the day-to-day activities of the Panchayat has been badly affected. According to the Sarpanch Ms. Kavita Manhar, the current phase of problems began when last year the CC road work was being constructed and the son of the Upsarpanch demanded 50000/- as token bribe for no reason. The Upsarpanch listens to the Gautia and follows his instructions, said Ms. Manhar. Many similar happened in Karauvahdih in the past. Ghuruva Tandan said that he was socially boycotted last year and was asked to deposit 50000/- to start a village level hearing on his case. The reason was that he constructed a house on his own land. He couldnt pay that and he is still boycotted by the village community. The main person involved in this was one Rajkumar Sahu. Panuram Satnami mentioned that he was the first one to be boycotted last year and he was penalised Rs. 25000/. Since he was working as the NREGA assistant, it become a real issue and if he desisted to pay then people would have thrown him out of his small job. Succumbing to the pressure, he paid the same amount. Panuram also mentioned that the discussion last year was to smash off five houses belonging to Shiv Prasad Shive, Parasram Manahar, Ghurva Tandon, Devlal Manahar and Dhwaja Kumar Siddar. All these were done at the behest of Leeladhar Chandra and Rajkumar Sahu propeller through the Village Community Meeting (Gudi Baithak), accused Parasram Manhar. The Police Station as Jaijaypur is equally responsible for the situation. The police officials were aware of all these caste-based discrimination is a fact who in turn choose to remain silent instead of taken legal action and discourse. All these cases should had been registered under relevant sections of IPC, sections of SC/ST (PoA) and other relevant acts and laws. The fact that the Police Officials at Jaijaypur remained mute to such incidences has in fact aggravated the situation that today the Sarpanch has to face social boycott. While discussing the problem with the officials, they took it just in a causal way and told the team that nothing of that sort has happened and the situation is under control once they made the two sides to compromise. However the villagers told us a different story. The Sarpanch Kavita Manahar said that she is living in fear; all panchayat work has been blocked and is not free to move around and work. Even others were of the opinion that there is a growing fear in the village particularly on Dalit community. Last year after the CC road incident, they tried to block the villagers to come for the work under NREGA programme by imposing a fine of Rs. 5000/- on every person who fail to adhere to the gudis decision. It was with great difficulty we finished that part, continued Manahar. The situation is that I could easily face a no-confidence move from their side as they are trying to topple all the activities to be done through the panchayat.
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While this seems to be too much nave on the part of the police officials, it also indicates the attitude of the police and administration towards the question of caste discrimination and social exclusion on Dalits. Under the given situation Dalit Mukti Morcha demands that the government should a) Conduct a thorough investigation of the series of incidences in Karauvahdih and taking appropriate legal action. b) Creating a conducive atmosphere whereby the Dalit woman Sarpanch could perform her duties in a free and fair environment. c) Provide compensation, relief and justice to the other victims of social boycott and caste discrimination in Karauvahdih. d) The police and administration should stop acting like the upper caste agents by diluting the gravity of the crime and forcing the victims for a compromise. e) The state government should engage in the formation of peoples vigilance committees across the state to keep a vigil or caste based discrimination, untouchability, violence and exclusion of Dalits, Adivasis and marginalized minorities. f) Impose a ban on all forms of social boycotts with strict action and punitive consequences. Dalit Mukti Morcha will soon come up with a detailed report and approach the National Human Rights Commission, National Womens Commission as well as the National SC Commission. Report By: Goldy George
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International
Independent Chinese PEN Center Celebrates Tenth Anniversary in Shadow of Escalating Repression Members Harassed, Prevented from Attending PEN Events
Hong Kong, July 23, 2011 As PEN members from around the world gather to celebrate the 10th anniversary of the founding of the Independent Chinese PEN Center (ICPC) today in Hong Kong, a number of writers residing inside China have been harassed and prevented from meeting with their colleagues both in Beijing and Hong Kong, in what ICPC, PEN American Center, and PEN International call "an increasingly alarming situation for writers and activists in China." At least 40 writers are in prison in China, including four ICPC members. This is the first time ICPC members and supporters will gather since the awarding of the 2010 Nobel Peace Prize to Liu Xiaobo, ICPC's founding member and former and honorary president. However, a number of writers have been prevented from traveling to Hong Kong by mainland Chinese authorities, in a week marked by threats, harassment, and indignities. Between July 18 and 22, a delegation from PEN American Center and PEN International visited Beijing to meet with a wide range of writers, journalists, and activists. On July 20, however, only three of 14 writers invited to a Freedom of Expression Roundtable at the U.S. Embassy, hosted by Charge d'Affaires Robert Wang, were actually able to attend. Many of the other invitees, including Liu Di ("Stainless Steel Mouse") and Wang Jinbo, were visited the day before by the guobao, the internal security police of the People's Republic of China, and told not to attend--a warning confirmed in writing to the embassy by at least four of the invitees. The following day, several writers were stopped from meeting with the PEN delegation, and at least six writers have been prevented from attending the 10th anniversary celebrations in Hong Kong. The delegation also was unable to make contact with imprisoned Nobel laureate Liu Xiaobo's wife, Liu Xia, under illegal house arrest since October 2010, and was prevented from meeting with her lawyers.
"As foreigners, we were able to make a journey that our ICPC colleagues cannot make," said Marian Botsford Fraser, Chair of the Writers in Prison Committee of PEN International. "This insidious, flagrant interference of Chinese authorities into the lives of law-abiding citizens is degrading and shameful, in a country that has enshrined freedom of expression in its Constitution."
The three writers able to come to the roundtable, ICPC Board Member Jiang Qisheng, ICPC honorary member and formerly imprisoned writer He Depu, and ICPC's 2009 Lin Zhao Memorial Award recipient, Beijing-based Tibetan writer Woeser, spoke frankly about the ongoing deterioration of rights, including the torture of imprisoned colleagues, and expressed concerns for the Uyghur, Mongolian, and Tibetan minority groups. In other meetings, writers, journalists, and booksellers revealed that even those who are not activists experience constant electronic surveillance and monitoring of their movements.
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"To anyone visiting China, it is obvious the country is experiencing great successes," said Larry Siems, director of the Freedom to Write and International programs at American PEN Center, who organized the Beijing visit. "It's also clear there are considerable anxieties and stresses. Unfortunately, all of the writers we spoke with expressed frustration that they were restrained from fully exploring these realities. So much time and talent is being wasted trying to rein in voices that China and the world need to hear." ICPC, a PEN center with 270 members, more than half of whom reside in mainland China, has never been permitted to publicly hold its annual meeting there, and every year since 2007, a number of ICPC members and other writers have been prevented from traveling to Hong Kong, even to receive awards. Today, at least six writers are known to have been prevented from joining their colleagues in Hong Kong, including Professor Cui Weiping, recipient of the 2011 ICPC Lin Zhao Memorial Award. "Since ICPC's founding in 2001, we were only able to have our awards ceremony twice in Beijing, in 2004 and 2005 when Liu Xiaobo was our president," said Tienchi Martin Liao, president of ICPC. "Our literary activities are forbidden in China and our members are suffering under enormous pressure. In honor of Liu Xiaobo, ICPC will award its inaugural Liu Xiaobo Courage to Write Award this year. Unfortunately, today we must put three empty chairs on the stage again, because this year's two awardees, Chinese writer Liu Xianbin and Bumese poet Zarganar are both in prison, and Cui Weiping has not been permitted to cross the border." Liao continued, "It is time for the Chinese government to respect the constitutional right to freedom of expression and freedom of assembly of its citizens, and we call on the authorities to allow PEN to hold its meetings in mainland China, and to lift its restrictions on many of PEN members in China and abroad to cross the China's borders to meet our colleagues and families. We are writers and our instrument is nothing but our pen. With our pen, we are determined to protect our basic rights of freedom of expression." "The PEN community today applauds the courage and dedication of the Independent Chinese PEN Center," said Hori Takeaki, international secretary of PEN International. "We will continue to support your fearless pursuit of the right of the Chinese people to freedom of expression, and their right to read and write in their own languages." The PEN American Center/PEN International delegation to Beijing was composed of the following: Hannah Pakula, chair of PEN American Center's Freedom to Write Committee; Marian Botsford Fraser, chair of the Writers in Prison Committee of PEN International; Joanne Leedom-Ackerman, vice president of PEN International and PEN American Center board member, Steven Isenberg, executive director of PEN American Center, and Larry Siems, director of PEN American Center's Freedom to Write and International programs. PEN American Center and the Independent Chinese PEN Center are among the 145 centers of PEN International, the world's oldest human rights organization and the oldest international literary organization. PEN is following the cases of at least 40 writers imprisoned in China, including four ICPC members (Liu Xiaobo, Yang Tongyan, Shi Tao, and Zhu Yufu), and many more who are subjected to intense surveillance, illegal house arrest, detention without charge, and enforced silence when released. Credits: International PEN Page 16 of 61
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Somalia: Children facing war crimes

The scale of war crimes affecting Somali children, including the systematic recruitment of child soldiers under 15 by armed Islamist groups, has been exposed in a new report by Amnesty International today. In the line of fire: Somalias children under attack reveals the full impact on children of the on-going armed conflict. Children in Somalia are being recruited as child soldiers, denied access to education and killed or injured in indiscriminate attacks carried out in densely populated areas. Somalia is not only a humanitarian crisis: it is a human rights crisis and a children's crisis, said Michelle Kagari, Amnesty Internationals Deputy Director for Africa. As a child in Somalia, you risk death all the time: you can be killed, recruited and sent to the frontline, punished by al-Shabab because you are caught listening to music or wearing the wrong clothes, be forced to fend for yourself because you have lost your parents or even die because you dont have access to adequate medical care. The humanitarian crisis facing children in Somalia is also the result of al-Shabab denying access to aid in the last couple of years. The report analyses more than 200 testimonies from Somali refugees, children and adults, in Kenya and Djibouti. Many cite the recruitment of children by armed groups as one of the reasons for fleeing southern and central Somalia. Somalias Transitional Federal Government is on the UN list of shame as a party recruiting, using, killing and maiming children in armed conflict. It has committed to respect childrens rights but has yet to adopt any concrete measures to end the use of children by forces fighting on its side. Education has suffered in Somalia because school buildings have been destroyed or damaged during indiscriminate attacks in urban areas. In Mogadishu, many schools have closed down as children and teachers fear being killed and injured on their way to school. Al-Shabab, the main armed group opposed to the government, has imposed severe restrictions on the right to education, preventing some girls from attending school, banning certain subjects from being taught, or using schools to indoctrinate children into participating in fighting. Al-Shabab is also using increasingly threatening recruitment methods, luring children with the promise of phones and money or conducting raids on schools or abductions in public areas. Some children interviewed by Amnesty International witnessed teachers being killed during attacks on schools and reported that some girls were even forced into marriages with fighters. A 13 year old girl from Mogadishu told Amnesty International:
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Al-Shabab came in one morning They said to the teachers that all of the children should move out of class. There was a car waiting outside and they forced the children in. One teacher was killed because he refused to obey. He was brave, he was the one who was standing up for the rights of the girls. Children have been victims of floggings and witnessed other horrific human rights abuses, including stonings, amputations and killings carried out in public by armed Islamist groups. Children have also seen relatives and friends killed or tortured. There is a high level of trauma among Somali refugees, including children, as a result of the human rights abuses they experienced or witnessed during the conflict. The international community must expand specific protection measures for the rising number of Somali children separated from their families, and increase psychosocial support and education programmes for Somali children. This is a never-ending conflict, where children are experiencing unimaginable horrors on a daily basis, said Michelle Kagari. They risk becoming a lost generation if the world continues to ignore the war crimes affecting so many of them.
SYRIA: Poet and song writer killed for a protest song

PEN International's Writers in Prison Committee (WiPC) is appalled by the murder on 5 July 2011 of poet and song writer Ibrahim Qashoush, known as the singer of the revolution'. Qashoush's body was found in a river the day after he had been abducted by Syrian security forces. His throat had been slit. PEN urges the Syrian authorities to conduct a full and impartial investigation into Qashoush's death and to bring the perpetrators of the crime to justice. According to PEN's information, Qashoush was kidnapped on 5 July 2011 from his home in Hama city, north of the capital city of Damascus, by the security forces after he had performed anti-government songs at a Friday demonstration in the city. His body was found in the Al-Assi river on 6 July 2011 with his throat cut. Qashoush was known for his political songs that were critical of the Syrian authorities, and which he had performed regularly to protestors throughout the uprising. One of Qashoush's songs, "Leave us, Bashar", directly addresses the President and ridicules his talk of reform. Another song is entitled "Syria is longing for freedom" (see below). Background Anti-government protests were sparked in mid- March 2011 and have since spread across the country. Mass arrests have been taking place and security officers have responded to the continuing protests with excessive force, using tear gas and live bullets to disperse demonstrators. Scores of civilians have reportedly been killed and many more wounded.
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With the internet and media already severely curtailed in recent years, the Syrian authorities have imposed even greater restrictions on freedom of expression and assembly in reaction to recent events. Foreign reporters and correspondents have been asked to leave the country and access to any independent media is denied. PEN is alarmed about the reported mass arrests and disappearances of civilians including journalists, bloggers, writers and activists in the crackdown on peaceful anti-government protests, and continues to call for the immediate and unconditional release of all those currently detained in Syria in violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR) to which Syria is a signatory. An excerpt of Ibrahim Qashoush's poem follows, translated from the Arabic by Ghias Aljundi: Syria is longing for freedom Syria is demanding freedom We will oust Bashar With our strong will alone We are Muslims and Christians Demanding freedom Greetings to Daraa city Who started this peaceful uprising When we demanded freedom They called us terrorists When we demanded our rights back They called us fundamentalists It is written on our national flag that Bashar has betrayed the nation It is written on our flag that Our aim is bring the regime down It is written on our flag That Syrian state-owned media is damned Death rather than humiliation Syria is looking for freedom Useful links: International Freedom of Expression Exchange: The global network for free expression http://www.ifex.org/syria/2011/07/13/assad_propaganda_war/ International Freedom of Expression Exchange: The global network for free expression (IFEX (12 July 2011): http://www.ifex.org/syria/2011/07/12/khashoch_killed/ Translation of Qashoush's songs, YouTube: http://www.youtube.com/watch?v=xCS8SsFOBAI Credits: International PEN
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The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India
The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about the incommunicado detention and alleged torture and illtreatment of Mr. Mijanur Molla and Mr. Jalil Gazi., by members of the Border Security Force (BSF), in events occurred in District-North 24 Parganas, West Bengal. OMCT is gravely concerned that to date, there has been reportedly no effective investigation into these allegations. According to the information received, on 26 March 2011, at about 11.30 pm, Mr. Mijanur Molla, aged about 25 years, and Mr. Jalil Gazi Mondal, aged about 33 years, who resided at Sonpur village, were arrested in their respective homes by around 25 BSF constables from Kaijuri-Gaborda Border Outpost (BOP), Battalion no. 47 of BSF. The BSF constable reportedly entered into their respective houses by breaking the front door and then subjected the abovementioned two men to severe beating, in presence of their family members. Thereafter, the BSF constables took them to the nearby BSF Camp, where they were allegedly subjected to torture, including electric shocks. According to the same information, on 27 March 2011, almost 17 hours after their arrest, the BSF took Mr. Mijanur Molla and Mr. Jalil Gazi Mondal to Swarupnagar Police Station, where the BSF filed a written complaint against Mr. Mijanur Molla and Mr. Jalil Gazi Mondal accusing each of them of carrying more than 10 kg of Ganja (cannabis). The police subsequently registered a First Information Report (FIR)[1] under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substance Act and then prepared a seizure list in presence of the BSF constables but without any independent witness being present, stating that the aforementioned amount of Ganja was recovered from both Mr. Mijanur Molla and Mr. Jalil Gazi Mondal. The BSF have also not given any explanation for the delay of almost 17 hours between the arrest of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal and their transfer to the nearest police station, namely Swarupnagar Police Station, although Section 52(3) of the Narcotic Drugs and Psychotropic Substance Act requires that a person arrested under the Act be presented to the officerin-charge of the nearest police station without unnecessary delay. On 23 March 2011, Mr. Mijanur Molla and Mr. Jalil Gazi Mondal were reportedly produced before the Additional Sessions Judge 6th Court in the city of Barasat. They both remain detained at Swarupnagar Police Station pending trial, after the bail applications that had been filed in court were rejected. OMCT has also been informed that, since the beginning of their detention, Mr. Mijanur Molla and Mr. Jalil Gazi Mondal have been denied access to their families, a doctor and a lawyer. On 26 March 2011, the families of both Mr. Mijanur Molla and Mr. Jalil Gazi Mondal submitted one written complaint before the Sub-Divisional Police Officer (SDPO), Basirhat, North 24 Parganas, regarding the arrest of their relatives from their house by BSF constables without disclosing any reason. On 1 April 2011, Ms. Tajlima Bibi, Mr. Mijanur Mollas wife, also submitted one written complaint before the same SDPO, regarding the acts of torture, including the electric shocks, inflicted by the BSF constables to her husband in their home and at the BSF camp. There is currently no information available on the existence of any investigation or progress of investigation regarding these complaints.
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OMCT is concerned for the safety of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal and recalls that the authorities are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law. The authorities must also ensure that Mr. Mijanur Molla and Mr. Jalil Gazi Mondal are afforded their rights to access to effective counsel, their families and medical assistance. OMCT also calls on the competent authorities to ensure that the investigation into the allegations of torture and other ill-treatment of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal is carried out promptly, effectively, thoroughly, independently and impartially, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law. Action requested Please write to the authorities in India/ West Bengal urging them to:

Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal; Grant them immediate and full access to a lawyer of their choice and their families, as well as guarantee that they are promptly examined by independent doctors and receive adequate and free medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners; Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them promptly before an impartial, independent and competent tribunal and guarantee their procedural rights at all times; Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and other ill-treatment of Mr. Mijanur Molla and Mr. Jalil Gazi Mondal in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law; Ensure that an effective remedy as well as the right to full redress, including compensation, is granted to the victims; Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses

Mr. Shri Manmohan Singh, Prime Minister of India, Prime Ministers Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857; Mr. P. Chidambaram, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979; Hon'ble Mr. Justice S.H. Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in; Justice K. G. Balakrishnan, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in; Jusice N. C. Sil, Acting Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in; M. K. Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata 62, Phone: +91 33-2200 1641, Fax: +91 33 2200 2444 / 2200 1649, secy-gov-wb@nic.in; Page 21 of 61
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Mr. Sri Buddhadeb Bhattacharjee, Chief Minister, Government of West Bengal, Writers Buildings, BBD Bagh, Kolkata 1, Fax - +91 33 22145480, Email - cm@wb.gov.in, sechome@wb.gov.in; Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
Please also write to the diplomatic mission or embassy of India in your respective country. ******* Geneva, 20 July 2011. [1] FIR no. 70/2011 dated 27.3.2011.
MEXICO: Lydia Cacho threatened with death; fears for safety
On 14 June 2011, the award-winning author, journalist and social activist Lydia Cacho Ribeiro reportedly received anonymous death threats by telephone and email, following her return from an event in Chihuahua state in northern Mexico. The threats made direct reference to her journalism and she believes that they were made in retaliation for her revelation of the names of alleged traffickers of women and girls. In 2010, she published a book entitled Esclavas del poder: un viaje al corazn de la trata de mujeres y nias en el mundo (Servants of power: a journey into the heart of the trafficking of women and girls in the world). She has also written extensively on people trafficking, organized crime, drug trafficking, gender violence and official corruption in her columns and other articles. Cacho reported the death threats to the authorities but no investigation or other action had been initiated as of 29 June, when she decided to make the threats public. She commented that Notiver columnist Miguel ngel Lpez Velasco Milo (pen name Milo Vela) received similar threats which the authorities also ignored; he was shot dead along with his wife and son in Veraruz state on 20 June 2011 (see RAN 33-11). However, Cacho said she had no intention of giving up her journalism or human rights work. In 2009 the Inter-American Commission on Human Rights granted Cacho precautionary protective measures and asked the Mexican government to take action to protect her as a result of harassment and monitoring by armed men. However, to date only half of the measures have been implemented, according to Article 19, and she clearly remains at risk. Background
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Following the publication of her 2005 book on child pornography in Mexico (Los Demonios del Edn: el poder detrs de la pornografa - The Demons of Eden: the power behind pornography), Cacho was illegally arrested, detained and ill treated before being subjected to a year-long criminal defamation lawsuit. She was cleared of all charges in 2007, but her attempts to gain legal redress for her treatment have been thwarted and she continues to be the target of harassment and threats due to her investigative journalism. Cacho was awarded the 2009 One Humanity Award from Canadian PEN, the 2008 Tucholsky prize from Swedish PEN and the 2007 Oxfam/Novib PEN Award for Free Expression, among numerous others. She was one of the subjects of the WiPC's International Women's Day action in March 2009 and International PEN's Day of the Imprisoned Writer action in November 2006. She is an Honorary Member of Scottish PEN. For more information on Cacho, click here. Mexico is one of the most dangerous countries in the world to work as a journalist. Since January 2004, 38 print journalists and two writers have been murdered, while 10 print journalists have gone missing in the same period. Nine of the killings and three of the disappearances occurred in 2010 alone. Few if any of these crimes have been properly investigated or punished. PEN International believes that it is likely that many of these writers were targeted in retaliation for their critical reporting, particularly on drug trafficking. While organised crime groups are responsible for many attacks, state agents, especially government officials and the police, are reportedly the main perpetrators of violence against journalists, and complicit in its continuance. On 3 June 2011, PEN Canada, in collaboration with the International Human Rights Program at the Faculty of Law, University of Toronto, published a timely and provocative report on the situation in Mexico: Corruption, Impunity, Silence: The War on Mexico's Journalists (also available in Spanish). The same day Canada's national newspaper The Globe and Mail published an op-ed by John Ralston Saul, President of PEN International, on the report (also available in Spanish and French). Reports on the latest death threats by:

Article 19 (30 June 2010): http://www.article19.org/pdfs/press/lydia-cacho-threats-continue-asauthorities-fail-to-protect.pdf (English only) The Committee to Protect Journalists (29 June 2011): http://www.cpj.org/2011/06/death-threats-againstlydia-cacho.php (English only) Vanguardia newspaper (29 June 2011) http://www.vanguardia.com.mx/lydiacachodenunciaamenazasdemuerteporinvestigaramafias1035075.html (Spanish only)
The Writers in Prison Committee of PEN International (WiPC) is deeply alarmed by anonymous death threats received by author and journalist Lydia Cacho on 14 June 2011 and by the Mexican authorities' apparent lack of response. Cacho believes that the threats, which made direct reference to her journalism, stem from her naming of alleged sex traffickers in her writings. The threats come in the same month as the murder of two Mexican columnists and the abduction of one other journalist. In all, a total of 40 of print journalists and writers have been killed in Mexico since 2004, while 10 more have gone missing. The WiPC calls on the federal and state authorities to investigate the threats against Cacho and to provide her with protection as a matter of the utmost urgency. It also calls on the authorities to implement the journalist protection mechanisms it promised in November 2010 immediately. Credits: International PEN Page 23 of 61
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Reports
11, 12 & 13 November, 2011 Peoples SAARC Conference of Nature-Human Centric Peoples Movement
Jaipur, Rajasthan The need of Peoples SAARC Conference of Nature-Human Centric Peoples Movement can be understood by looking at the existing fundamental reality of the official SAARC. And this fundamental reality is that South Asia today has become the most dangerous area of the World where the World faces the threat of the extinction of all forms of life in case of Indo-Pak nuclear war which can occur at any moment because Indo-Pak border skirmishes have been a regular feature of Indo-Pak border. At the present juncture, the South Asian Nations, like all other trading blocks in the World, have been caught in a 2-dimensional crisis i.e., environmental degradation in general and each of its components in particular, on the one hand, and the crisis of dehumanization of the present human society (called a "free and open democracy" with its over 2 centuries old theory and practice) in general and each of its social aspects [i.e., sociological (or ideological or theoritical) vision or standpoint; peoples belief and motivation; human gender relations and proportion of sexes; political performance covering its international, national and local aspects; economic progress dealing with its international, natioanl and local features and cultural ethics relating to all its components, i.e., education, science and technology, language, art (music, dance, drama, architecture, sculpture, painting, crafts, etc.) behaviour, manner of speech, dress etc.] on the other. Environmental degradation expressed by global warming or climate change is the biggest challenge that the human community is now facing on this Earth. The crises is so serious that either the human community overcomes it immediately, or it will devour the human community and finish it for ever. The time at our disposal is very, very, very small. According to the whole World scientific community organized within the UN Intergovernmental Panel on Climate Change (UNIPCC). The size or proportion of GHGs was 280 PPM (Part per million) in 1750 and it is 379 PPM in 2007. It is far greater than the natural increase from 180 PPM to 300 PPM over the last 650,000 years. Now the global temperature is 0.76 centigrade high. The World has less than a decade to change course. According to them, if the human community did not change its course by 2020, the crises of climate change will become irreversible and thus after very short time the human community along with the entire bio-life on this Earth will go out of existence. Climate change is not a market problem. It is an existential problem. It can not be solved by market means. Corporate World makes it a market problem. Climate change problem demands that polluters immediately stop the production of GHGs. Nature-Human Centric Peoples Movement believes that the ongoing fatal environmental and social crisis is an outcome of the corporate theory of capital whose 2 facets, i.e. Western capitalism and Marxian communism, are one in holding capital as the supreme thing in society, which constantly misuses and over-uses environmental and human resources to achieve the maximum profit. It (i.e., Nature-Human Centric Peoples Movement) firmly holds that the way out of the present life and death crisis lies in motivating and mobilizing the people for a peaceful Page 24 of 61
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transformation of the present corporate capitalist system (now operating in all the nation states) into a NatureHuman Centric System which consciously regards that the most precious thing in society comprises environmental and human resources and not the money capital. Hence, according to it, the development, progress and prosperity in society should be judged by the promotion of naturehuman resources. Capital money or wealth, according to it, is merely a medium of exchange and nothing more. By falsifying the capital (i.e., money or wealth) as the personification of development, progress and prosperity, the corporate capitalist theoreticians have devised a system which ruthlessly destroys the environmental resources and violently and mercilessly exploits the human resources. Obviously, the transformation of the present corporate capitalist order into a Nature Human Centric Order is an urgent need of our times. The sooner it is done the better. The different aspect of this agenda will be discussed in coming peoples SAARC Conference. A separate document will be provided to delegates and participants. All other informations concerning this Conference are as below: Venue: 'Gandhi Bhawan', Khadi gramodyog Sanstha Sangh, Bajaj Nagar, Near Gandhi Nagar Railway Station, Jaipur (Rajasthan) India. Organizer: Nature-Human Centric Peoples Movement, India Postal Sajjan Kumar, C/o Tejpal Singh, 9/702, Malviya Nagar, Jaipur (Raj.) India Moblie: 0091-9478231558, 9001826467, Fax : 0091-141-2379713, 2720870 E-mails: ghan_demo@yahoo.co.in and sajjan_nhcpm@rediffmail.com Contacts:

Address:
Tejpal Singh, Mobile 0091-9461203588, 9413341304, 9829526446, e-mail: tejpalsinghahd@yahoo.in Sukhdev Singh 0091-9915342232, Rooplal Makhnotra 0091-9419116969 Jawahar Lal 0091-9414131481 Manna Ram Dangi 0091-9414927387, Vipin Chandra 0091-151-2521869 Mani Ram Pooniya 0091-9269870589, Jasveer Kaur Pandher 0091-9464661998 Page 25 of 61
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Maghar Singh 0091-1679-238037, Gurdial Singh Sheetal-9417195538, Ghanshyam Democrat 0091-9414864548
In this Study Circle further discussion will be conducted for expansion Nature-Human Centric Peoples Movement in SAARC countries and World. Delegates who want to participate in Study Circle, please inform in time to Sajjan Kumar. By: NHCPM
Report of RTI Union Mtg on 23 July at Dadar: Draft Self-Redevelopment Guide etc
Mumbai, Maharashtra The RTI Union guides citizens in the use of RTI Act, MCS Act and other laws in dealing with land, building issues and housing society matters. It focuses on Mumbai Metropolitan Region (MMR) i.e. Mumbai, Thane, Navi Mumbai etc. At each meeting, we have experts who share their knowledge with those who have such problems. We also have many citizens from all walks of life, who seek to meet such experts and get guidance for solving their own problems, as well as the problems of society.
At our meeting last Saturday at Dadar, there were 33 participants including Medha Patkars colleagues Vivek Pandit and Dinesh Shinde, Kamlakar Shenoy (who is battling against Shivalik builders illegalities) and Milind Kotak, who focuses on accountability of police. Others experts -- people with experience and knowledge of various domains -- included J B Patel, G R Vora, Vasudev Shenoy, Sudhakar Malpe, Mohammed Afzal, Bharat Gandhi and Ramesh Jadhav. Contact details Meeting photos: of participants, including experts: http://tinyurl.com/Participants-RTIUnion-23July
http://tinyurl.com/RTIUnion-23July-Photos HIGHLIGHTS OF THE MEETING: 1. NEED TO GET GOVERNMENT CIRCULARS OF RECENT POSITIVE ANNOUNCEMENTS. Maharashtra Government, MCGM, MHADA etc. have several positive announcements concerning efforts to curb various illegalities of builders. However, we have only read about them in the newspapers, and are unable to act upon them or advise Page 26 of 61
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citizens, as we do not have the announcements, which would be in the form of Government Resolutions (GRs) and Circulars issued by Municipal Corporation etc. Also, many positive changes are proposed in the new Development Control (DC) Rules. CONCLUSION: We should made efforts to collect all the GRs and circulars. 2. DRAFTING PEOPLE-FRIENDLY REDEVELOPMENT AGREEMENT & SELF-REDEVELOPMENT GUIDE. Jeby Patel and others in the Union have been planning to draft model redevelopment agreements that is people-friendly, as against the ones that are currently used, which are biased in favour of the builder. In the course of this discussion, Sulaiman Bhimani, an interior designer (who is battling the illegalities of RNA Builders and MMRDA) talked about the desirability of Self Redevelopment. He said that the housing cooperative society can itself form an association of persons or a company and engage various contractors to redevelop their own society in a hands-on way. Responding to doubts raised by Bharat Gandhi, he said that it was indeed difficult but not impossible. But it was worth it because, firstly, each member of the society can be richer by Rs 30-50 lakhs at least, and secondly, the housing society members would have to bear less financial risks than by entrusting their building to an outside developer, Bhimani argued. CONCLUSION: The overall opinion was in favour of evolving a procedural blueprint to guide those interested in doing self-development. For this, we shall involve the project management consultants and architects with whom we are in touch. We should take up this project on a priority basis. 3. KAMLAKAR SHENOY spoke on the various illegalities committed by Shivalik Enterprises promoter Ramakant Jadhav since the 1990s. He talked about the battles that he was fighting to blow the whistle on these crooked dealings. CONCLUSION: Kamlakar will actively participate in the RTIUnion googlegroup to mentor aggrieved people in taking on unlawful activities of other builders also. 4. VIVEK PANDIT talked briefly about his battle against crooked builders in Powai, especially Niranjan Hiranandani. He also talked about his association with Medha Patkar and her organization National Alliance of Peoples Movements (NAPM). CONCLUSION: Vivek will actively participate in the RTIUnion googlegroup to guide others in fighting crooked builders. NAPM and RTI Union will cooperate wherever possible to strengthen the hands of citizens. 5. MILIND KOTAK talked about his efforts to compel the police to obey the lawful mandates of their job i.e. to register FIR without delay when cognizable offence is made out. Unwillingness of the police to take action against law-breakers was a major cause of corruption in the country, he stressed. CONCLUSION: Milind will reply to citizens queries on RTIUnion googlegroup to give guidance for lodging police complaints etc. 6. NEED FOR GUIDELINES TO STATE PROBLEMS WITHOUT NEEDLESS PERSONAL DETAILS. We faced a major hurdle at the meeting as many people failed to state their problems and frame their questions in a clear way. They could not clearly tell their stories and ask questions within 5-10 minutes given to them. They were unable to highlight the main legal aspects or pressure-points, and kept going on and on with useless personal details e.g. how the sub-police inspector wasted their time, how their society members made insulting comments, ignored them etc. This led to fruitless discussions and also to them being cut short by moderators. CONCLUSION: Activists like Ramesh Jadhav and G R Vora stressed the need to issue guidelines to people for presenting their grievances. So, we shall issue guidelines, which will also be helpful to the general public in analyzing their own grievances and presenting them before public authorities. 7. QUESTIONS ABOUT EFFECTIVENESS OF RTI UNION. In recent weeks, there has been soul-searching about Page 27 of 61
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whether we are being effective. The questions being raised are: Are we making a difference, or are we just wasting time and energy in meetings and other activities? Also, is giving advice, law points, practical tips, drafting RTI applications etc. the best way for us to support aggrieved persons? Shouldnt we get involved hands-on in the problems of individual societies, redevelopment projects etc? At the meeting, D M Lokhandwala raised the point about effectiveness very strongly, by demanding to know how many wrong-doers have been punished due to the RTI Unions actions. (The one-word answer is: None.) This provoked a lot of discussion. OPINIONS & ANSWERS: (a) Vasudev Shenoy and others said that our actions should be aimed at creating systemic changes, and not settling personal scores. (b) Vivek Pandit said that the Paper War (i.e. writing letters, RTI applications, complaints etc.) was very important for cleaning up the system. (c) Some like G R Vora stressed that given our present manpower resources, the best that we could do was enable citizens by advice, guidance and help in drafting complaints, RTI applications etc. (d) My own opinion is that seeking law-enforcement against corrupt individuals is truly a worthy endeavour, provided those who advocate this approach take ownership of such projects and devote time and energy. Other RTI Union members and other experts will support them, provided these people themselves take the lead. (e) The RTI Union will support even critics, provided they make efforts to campaign and mobilize support for their own ideas. In short, dont say, You should do this. Also, dont say, We all should do this, but please excuse me because I dont have the time. Your mantra should be: I am in the process of doing this thing, so will you please guide me, support me and participate in this? If you do this, there will be less scope for criticism, and more for cooperation. 8. EXPENSES STATEMENT: Booking space at Chabildas School (Sulaiman Bhimani) Rs 650. Tea (G R Vora) -- Rs 260 Farsan (G R Vora) -- Rs 270 TOTAL expenses -- Rs 1180 Balance carried over from collections at previous meeting -- Rs 1,790. Rs 610 is carried over as SURPLUS carried over for the next meeting (G R Vora). We did not solicit contributions, and hence, we did not collect
even
one
rupee.
9. COLLECTING RS 50 PER MEETING (UNLESS PARTICIPANT CANNOT AFFORD). In future, we are thinking of soliciting contribution of Rs 50 per head (with exemptions to people from slums etc), at the time of signing the attendance register. This will enable us to more-or-less meet the costs of venue, chai-nashta etc. RTIUNION GOOGLEGROUP is a knowledge-sharing platform for helping people in Mumbai Metropolitan Region in land, building and society matters. To join it and participate in discussions, please email a request to moderator G R Vora at grvora@gmail.com, with your brief introduction, address, contact details, name of referrer, area of expertise, details of problems faced due to cooperative, land scam etc. and also your reason for wishing to join. Report by: Krishnaraj Rao Page 28 of 61
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Killing in custody, Indian law is not meant for BSF, ONLY IMPUNITY
West Bengal Particulars of the victim:-Saidul Mondal (deceased), son of Late Ayezuddin Mondal, aged about-28 years, by faithMuslim, residence at village-Jaykrishnapur, Police Station-Jalangi, District-Murshidabad, West Bengal, India. Particulars of the perpetrators:- The on-duty BSF jawans of Charmairasi BSF BOP Camp under Kaharpara BSF Company Head Quarter, Police Station-Raninagar, District-Murshidabad. Place of incident: - Border area in front Char Moirasi BSF BOP Camp, Police Station-Raninagar, DistrictMurshidabad Date & time of the incident: - On 17.4.2011 at about 4.30 am Case Details:It is revealed during our fact finding that on 16.4.2011 and onwards the victim went for a visit to the house of his father-in-law Mr. Najer Seikh at village- Jaykrishnapur, Police Station-Jalangi, District-Murshidabad. On 17.4.2011 at about 4.30 am the victim with some persons was present near Char Mourasi BSF Camp. Then the BSF jawans of Char Mourasi BSF Camp caught hold the victim and started to beat him with bamboo stick by black and blue. The perpetrators BSF personnel even caused grievous injuries on the body of the victim by repeatedly assaulting him by the bayonet of their service rifles. As a result of the assault the victim sustained deep cut injuries on several parts of his body, i.e. at head, nose, wrist of left hand and at right thigh. The victim could not tolerate the barbaric torture by the perpetrator BSF jawans and he succumbed to the injuries at the place of the incident. Several persons such as Mr. Jasimuddin Seikh, son of Mr. Abdul Rahman; Mr. Dablu Seikh, son of Mr. Najer Seikh; Mr. Pailat Seikh, son of Mr. Najer Seikh witnessed the whole incident. Later, the police of Raninagar Police Station registered one unnatural death case vide Raninagar Police Station U.D. Case no. 8/2011 on the unnatural death of the victim and the post mortem examination of the victim was done at Lalbagh Sub-Divisional Hospital, Lalbagh on 18.4.2011. Reportedly there was no complaint from the side of Border Security Force against the victim before the police or any other authority. The victim family did not receive the Post Mortem Examination Report yet. Source: MASUM
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Prime Miniter of India condemns Oslo extremist violence

New Delhi The Prime Minister has condemned the Oslo violence saying that it was a grim reminder of the threat that extremist violence posed to open and democratic societies. In a letter to Prime Minister Jens Stoltenberg of Norway Dr. Manmohan Singh condoled the loss of lives in the violence and said there was a need for all to unite in combating all forms of extremism. The text of the Prime Minister's letter is as follows: "Please accept on behalf of the Government and people of India and on my own behalf my deepest condolences at the loss of so many innocent lives and injuries to scores of others in the senseless acts of violence in Oslo and the island of Utoya on 22 July, 2011. These incidents have shocked us and we condemn them. They are a sad and grim reminder of the threat that extremist violence poses to open and democratic societies like Norway and India, and the need for all of us to unite in combating all forms of extremism. I would like to assure you and the people of Norway of Indias solidarity and support at this tragic hour. Please accept our heartfelt sympathy and condolences which I also request you to convey to the families of the bereaved."
Vedanta Orissa projects ban must be upheld

Ongoing attempts by UK-based mining company Vedanta Resources to overturn an Indian government decision blocking a proposed bauxite mine and expansion of an alumina refinery in Orissa should not be allowed to succeed, new report by Amnesty International says.
The report, Generalisations, Omissions, Assumptions, reveals that the company has failed to adequately consider the human impact of its proposed projects with an investment of US$ 1,7 billion in Orissa. Vedantas mine and refinery expansion projects must not be allowed to go ahead. The company is trying to overturn the Indian Environment Ministrys decision to block its plans, claiming they have taken into account the impact on the local people and environment. In fact Vedantas Environmental Impact Assessments have been wholly inadequate. said Madhu Malhotra, Amnesty Internationals Asia Deputy Director. The High Court of Orissa on Tuesday upheld the Indian government's decision made in August 2010, to reject Vedanta's plans for the six-fold expansion of the Lanjigarh refinery, finding that the project violated the countrys environmental laws. Page 30 of 61
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However, its joint venture partner for the mining project, Orissa Mining Corporation, has challenged the government's decision to deny clearance for the proposed mine at Niyamgiri hills in the Supreme Court of India. The Vedanta subsidiary that would manage the project, Sterlite Industries, has also challenged the Ministrys denial of environmental clearance at Indias National Green Tribunal. For the last several years, Dongria Kondh, a 9,000-strong Indigenous community, has been protesting against the mine plans. Vedantas onslaught of legal action should not be allowed to mask the truth about its projects. The Indian government must not be hoodwinked into thinking that Vedanta has complied with environmental regulations. The reality is very different indeed, said Madhu Malhotra. Villagers have consistently been given scant and misleading information about the potential impact of Vedantas proposals. Today they are living with a massive refinery in the middle of their community, the air is choked with dust and huge lorries full of raw bauxite hurtle down their roads. The refinery and its toxic waste pond are right beside the local river, so people are now unsure whether their main source of water is safe to use,. Amnesty Internationals report is based on close analysis of the Environmental Impact Assessments (EIAs) undertaken by Vedanta to obtain clearance for the proposed bauxite mine in the Niyamgiri Hills and the expansion of an alumina refinery in Lanjigarh. The report concludes that the EIAs are fundamentally inadequate and fail to meet Indias regulatory requirements. Areas in which the EIAs are inadequate include a failure to consider the impact of lorries transporting tones of bauxite through rural villages; failure to acknowledge dust and odour as potential pollutants; failure to assess the cultural significance of the Niyamgiri Hills to the Dongria Kondh indigenous people who live there; lack of inadequate information on water usage and failure to disclose design criteria of red mud waste ponds, which are located next to the Vamsadhara river and have already reportedly spilled into the river, which is a primary water source for local people. The report also finds that the regulations imposed by Indias Ministry of Environment, through the EIAs, are limited in scope and fail to address a number of social and economic concerns surrounding corporate activity in India, such as land use, displacement of people, and rehabilitation issues. India needs effective laws in place to hold companies accountable for their actions, which could curtail Vedantas campaign of misinformation carried out amidst aggressive legal action, said Madhu Malhotra. On 27 July 2011, Vedanta Resources holds its UK AGM in London The alumina refinery is operated by Vedanta Aluminium. Vedanta Resources owns 70.5 per cent of Vedanta Aluminium and Sterlite India Ltd. owns the remaining 29.5 per cent. Vedanta Resources owns 59.9 per cent of Sterlite India and has management control of the company. The mining project would be operated as a joint venture involving Sterlite India (74 per cent) and the state-owned Orissa Mining Corporation (26 per cent).
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immoral trafficking, police harassment in west bengal

West Begngal Particulars of the victim: Nafija Khatun(name changed), aged about-16 years, residing at village-Kakra, Post Office-Kachua, Police StationBasirhat, District-North 24 Parganas, West Bengal, India. Particulars of the perpetrators: The Officer-in-charge of Basirhat Police station, District-North 24 Parganas Case Details: It is revealed during our fact finding that the victim girl was student of class-IX. She is minor by age, only aged about 15 years. On 16.3.2010 one Amena Khatun, aged about 24 years who used to read in the same school where the victim girl was student took the victim girl to her sisters house. But the victim girl did not return to house. The victims family started searching for the victim and they also went to the house of Amena Khatun and asked for the whereabouts of the victim girl and Amena Khatun. Then the brother of Amena Khatun accompanied the family of the victim girl to police station and one information was lodged at police station vide GDE no. 1088/2010 dated 17.3.2010. On the next day (18.3.2010) the victims family received information that on 16.3.2010 at about 12.40 pm the said Amena Khatun and the victim girl boarded into a train at Kakra Mirjanagar Railway Station. The train was destined to go to Sealdah Railway Station. On 28.10.2010 the victims family received information that the said Amena Khatun returned to her house in Karulia village. The victims family went to her house and asked her about the whereabouts of the victim girl. On reply she stated that they got off from train at Sealdah Railway Station and immediately 4/5 men forcibly took away the victim girl upon tying a handkerchief on her mouth. She could not say anything more. On further questioning by the family of the victim girl she stated that she was in Mumbai before she returned to her house. Subsequently the victims family came to know from local people that the said Amena Khatun is lady of questionable character and this raised strong suspicion to the family members of the victim girl that the said Amena Khatun immorally trafficked the victim girl. The victims family went to Basirhat Police Station with a written complaint against the said Amena Khatun, but the police refused to take the written complaint and also denied of registering any First Information Report against the accused woman. The victims family then lodged written complaint before the Superintendent of Police, North 24 Parganas on 6.6.2011 alleging against the inaction of police of Basirhat Police Station not taking any action against the accused person involved in the abduction and alleged trafficking of the victim girl. Report By: Kirity Roy
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Orissa high court rejects Vedanta refinery expansion

Orissa Amnesty International has urged the Indian authorities to order the immediate clean-up of an alumina refinery in the state of Orissa, following a high court decision to reject plans for its expansion by a subsidiary of the UK-based Vedanta Resources. The High Court of Orissa on Tuesday upheld the Indian government's decision made in August 2010, to reject Vedanta Aluminium's plans for the six-fold expansion of the Lanjigarh refinery, finding that the project violated the countrys environmental laws. Vedanta Aluminium challenged the Ministry of Environment and Forest's decision in the high court on November 2010. "This decision is of tremendous significance for the local communities, who have been fighting to prevent this expansion going ahead," said Amnesty International's Asia-Pacific Deputy Director, Madhu Malhotra. "The refinery, which has been in operation for four years, fails to meet accepted national and international standards in relation to its environmental, social and human rights impact. The authorities must order an immediate clean-up of the site and monitor the health status of the local communities. "The Ministry of Environment and Forests must also carry out an independent audit to ascertain whether the refinerys almost-full 28 hectare red mud pond, from which two breaches have been reported in April and May, is operating in compliance with Indias environmental protection laws and international standards." Residents of 12 villages who live in the shadow of the massive refinery mostly Majhi Kondh Adivasi (Indigenous) and Dalit communities who rely on agriculture for their livelihoods have long campaigned against the expansion, arguing it would further pollute their land and water. The Ministry of Environment and Forests rejected the expansion plan on 24 August 2010. It also rejected plans, by Sterlite India, another Vedanta Resources subsidiary and the state-owned Orissa Mining Corporation, to mine bauxite at Niyamgiri Hills near Lanjigarh after finding that it would violate forest and environmental laws and the rights of the Dongria Kondh adivasi communities. Challenges against this by Sterlite India and the Orissa Mining Corporation are pending in Indias National Green Tribunal and Supreme Court.
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An other case of police torture in West Bengal

Particulars of the victim: Mr. Mijanur Gaji, son of late Surat Ali Gaji, aged about-41 years, by faith-Muslim, residing at villagePaschimjaynagar, Police Station-Baduria, District-North 24 Parganas, West Bengal, India. Particulars of the perpetrators: - About 8/10 armed police personnel in uniform allegedly from Ghatakpukur Police Station. Date & time of the incident: On 1.6.2011 at 12 Oclock Place of incident: The place of the incident was on Malancha Road and it was 4/5 kms away from Ghatakpukur. The place of incident falls under the jurisdiction of Ghatakpukur Police Station. Case Details: It is revealed during fact finding that on 1.6.2011 at about 12 oclock the victim was traveling on his car. He was going towards Ghatakpukur through Malancha Road. When the victim was about 4/5 kms away (the area falls under the jurisdiction of Ghatakpukur Police Station) from Ghatakpukur, suddenly the victim noticed that about 8/10 police personnel reportedly from Ghatakpukur Police Station were standing on the road beside a Tata Sumo (four wheeler) car. The victims car was stooped by the said police personnel on the road. Then suddenly one police man opened the door of the victims car and drag out the victim from the car. He was then beaten by a lathi (wooden baton) indiscriminately on all over his body. The victim sustained injuries such as hematoma, pain, swelling injuries as a result of the assault committed upon him by the perpetrator police persons. The perpetrator police personnel were in police uniform and they did not disclose any reason whatsoever for committing assault upon the victim. The victim can identify the assailants by their face. The victim received medial treatment. The victim lodged written complaint against the assailants before the Superintendent of Police, Barasat, North 24 Parganas. But till date no action was initiated against the perpetrator police personnel. Mr. Mijanur Gaji, son of late Surat Ali Gaji, aged about-41 years, by faith-Muslim, residing at villagePaschimjaynagar, Police Station-Baduria, District-North 24 Parganas, West Bengal, India. Particulars of the perpetrators: - About 8/10 armed police personnel in uniform allegedly from Ghatakpukur Police Station. Date & time of the incident: On 1.6.2011 at 12 Oclock Place of incident: Page 34 of 61
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The place of the incident was on Malancha Road and it was 4/5 kms away from Ghatakpukur. The place of incident falls under the jurisdiction of Ghatakpukur Police Station. Case Details: It is revealed during fact finding that on 1.6.2011 at about 12 oclock the victim was traveling on his car. He was going towards Ghatakpukur through Malancha Road. When the victim was about 4/5 kms away (the area falls under the jurisdiction of Ghatakpukur Police Station) from Ghatakpukur, suddenly the victim noticed that about 8/10 police personnel reportedly from Ghatakpukur Police Station were standing on the road beside a Tata Sumo (four wheeler) car. The victims car was stooped by the said police personnel on the road. Then suddenly one police man opened the door of the victims car and drag out the victim from the car. He was then beaten by a lathi (wooden baton) indiscriminately on all over his body. The victim sustained injuries such as hematoma, pain, swelling injuries as a result of the assault committed upon him by the perpetrator police persons. The perpetrator police personnel were in police uniform and they did not disclose any reason whatsoever for committing assault upon the victim. The victim can identify the assailants by their face. The victim received medial treatment. The victim lodged written complaint against the assailants before the Superintendent of Police, Barasat, North 24 Parganas. But till date no action was initiated against the perpetrator police personnel. Report By: Kirity Roy
India: Address Rights Issues During Clinton Visit

New Delhi India and the United States should make human rights a central focus of talks during US Secretary of State Hillary Clinton's visit to India, Human Rights Watch said today. Clinton is leading a 25-member delegation for an India-US Strategic Dialogue with an Indian delegation led by Foreign Minister S.M. Krishna, which begins on July 19, 2011. The Indian foreign ministry has said the dialogue is expected to focus on strategic cooperation, energy and climate change, education and development, economy, trade and agriculture, science and technology, and health and innovation. Human Rights Watch expressed concern that human rights issues do not appear to be on the agenda. "The US and India have plenty to discuss, but it's incomprehensible that human rights isn't on the agenda," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "Human rights issues in both countries, as well as other countries like Burma where abuses are rampant, can hardly be ignored by the world's two largest democracies." Page 35 of 61
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Human Rights Watch called upon the Indian government to raise the Obama administration's failure to investigate allegations of torture and other serious abuses by former President George W. Bush and other senior officials, as detailed in a recent Human Rights Watch report. Clinton should likewise press the Indian government on its persistent human rights problems, including the failure to hold abusive members of the security forces accountable, Human Rights Watch said. "Human rights violations should be prosecuted wherever they occur and whoever is responsible," Ganguly said. "India and the US should address accountability for abuses in both countries, but also work together to ensure justice in places like Burma, Sri Lanka, and Syria." Human Rights Watch also urged Clinton to raise with India the country's excessive restrictions on civil society, infringements on the right to freedom of expression, and the need to protect the rights of women, Dalits, and other vulnerable groups. The Indian government has frequently promised to improve its human rights record, including with pledges in support of its candidacy for the United Nations Human Rights Council, but implementation has lagged. "The US has a strong relationship with the Indian government, but it shouldn't ignore the millions of ordinary Indians whose rights are at risk," Ganguly said. "The victims of human rights abuses should not be airbrushed out of the relationship." For detailed recommendations, see below.
Human Rights Concerns in India That Secretary Clinton Should Raise: Accountability for Human Rights Abuses: When it presented its candidacy for the Human Rights Council, India pledged to uphold the highest standards to promote and protect human rights. However, a culture of impunity that protects public officials from prosecution for violating human rights stands in the way of fully realizing that commitment. The Criminal Code and several other laws require government permission to prosecute any government official. This requirement has prevented proper accountability for human rights violations such as arbitrary arrests, torture, and extrajudicial killings by the police, paramilitary, and the army. India should:
Repeal the Armed Forces Special Powers Act, which provides immunity to soldiers responsible for serious human rights violations and has led to widespread violations and suffering in Jammu and Kashmir and in the northeastern states where it remains in force. India should also encourage the government of Jammu and Kashmir to repeal the Public Safety Act, which has been used to hold hundreds of people in arbitrary detention. Revise the overly broad and vague definition of terrorism under the Unlawful Activities Prevention Act (UAPA) and repeal provisions such as expanded police powers of search and seizure, the presumption of guilt under certain circumstances, and draconian pre-charge detention periods. Enact the pending Prevention of Torture Bill, revising it to conform with the international Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Provisions in the proposed law to grant officials effective immunity from prosecution should be eliminated. Page 36 of 61
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Encourage each state government to embark upon reforms to professionalize the police forces, both to improve their working conditions and to hold them accountable for human rights violations. The government should codify the full set of guidelines for police officers on arrest and detention in the landmark 1997 Supreme Court case of D.K. Basu. It should sign into law criminal procedure amendments, already passed by parliament, requiring the police to record a formal reason for making a warrantless arrest. The amendments would close a glaring legal loophole that fuels impunity.
The Status of Civil Society and Protection for Freedom of Expression: India has pledged to "foster genuine participation and effective involvement of civil society in promoting and protecting human rights." However, changes are needed to laws and legal codes that infringe on public discourse and the right to free expression. India should:
Repeal all provisions of amendments to the Foreign Contribution (Regulation) Act that do not conform to international standards and potentially undermine the work of nongovernmental organizations. While these organizations should be held accountable under law, laws already exist to prevent financial misdeeds and to ensure that no group acts as a front for abusive non-state armed groups. To ensure that nongovernmental organizations can make crucial and necessary contribution to the country's development, the government should, as a priority, develop a legal framework that safeguards freedom of association, including the ability of these groups to seek and receive funding. Protect citizens' right to freedom of expression by repealing archaic sedition laws that have been used to silence dissent. Take immediate steps to strengthen and reduce politicization of the National Human Rights Commission (NHRC) by requiring a transparent appointments process that includes public hearings and participation by civil society groups. Require state human rights commissions to report back to the commission on actions they intend to take on complaints the commission forwards to them for review. The aim of the human rights commissions should be to improve mechanisms for citizens to seek redress and to hold government officials accountable for human rights abuses.
The Rights of Women, Dalits and Other Vulnerable Groups: India has vowed to "support domestic and international processes that seek to advance women's rights, gender equality and the rights of the child." To carry out that pledge, India should:
Ensure that children detained for alleged participation in violent protests, particularly in Jammu and Kashmir, are not arbitrarily detained or held jail in violation of juvenile justice laws. Enforce the government directive preventing state security forces from occupying and using schools as long-term outposts, which results in continued disruption of education. Act promptly to rebuild schools that are bombed or otherwise attacked by Maoist insurgents. Reduce maternal mortality by enforcing guidelines for investigating maternal deaths and by ending disparities or discrimination in access to maternal health services. Curb violence against women by providing services for survivors in one-stop crisis centers. The proposed law to prevent sexual harassment in the workplace should be expanded to include domestic workers, and enacted. Page 37 of 61
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Repeal Section 377 of the Penal Code, which criminalizes consensual sex between adults of the same sex. Take immediate steps to eliminate abuses against Dalits, tribal groups, religious minorities, and other marginalized communities, provide concrete plans to carry out laws and government policies to protect them, and monitor development programs that have largely failed to reach target groups. The government should make certain that vulnerable groups get the full protection guaranteed under Indian and international law against forced evictions of communities without adequate rehabilitation and compensation to make way for mining, industrial, or infrastructure projects.
Human Rights Problems in Other Countries: India should use its considerable global influence to address human rights problems in other countries and, as a member of the Human Rights Council, assert leadership in promoting human rights at the council. In the past, India has often opposed strong international action to address serious human rights problems in specific countries. India's growing regional and global influence should be matched by an increasing commitment to protect human rights abroad. Source: HRW
cruel, inhuman & degrading punishment by BSF upon the marginalised villagers
West Bengal CASE NO: 1 Name of the victim: - Mr. Abdul, son of Late Yunus Alam, aged about-35 years, by faith-Muslim, by professionCultivator, resided at village-Banganbari, Police Station-Goalpokhor, Sub-Division: Islampur, District-North Dinajpur, West Bengal. Name of the Perpetrators: - Some on-duty Border Security Force jawans posted on 9.04.2011 at about 3:00 pm under Chaklagar BSF Camp of Battalion-25, Police Station-Goalpokhor, District-North Dinajpur. Time and Date of incident: - 9/04/2011 at about 3:00 pm. Place of incident: - Near Out-post no: 25 of B.O.P Chaklagar, Battalion No: 23 Border Security Force. Case Details:It is revealed during our fact finding that Mr. Abdul who belongs to a marginalized minority (muslim) community and economically backward class was subjected to arbitrary atrocities by some BSF personnel. Page 38 of 61
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On 9th April 2011 at about 3 pm the victim Mr. Abdul went to harvest his land and cut up the wheat produced there. In the process of doing so he went near to Gate no: 25 of the out post which is under Chaklagar B.O.P. Battalion no: 23. While he was returning from Gate no: 25 under Chaklagar B.O.P. some BSF personnel posted on Gate no: 25 Chaklagar B.O.P. Battalion no: 23 restrained his way without any cause and ordered Abdul to come inside their camp. Then all of a sudden they started to use filthy languages indicating his pedigree. All the perpetrator jawans were alleged to be drunk at that moment. Even they illegally snatched his sickle from his hand and attempted to kill him by their rifles. A woman who was passing by at that time in front of the place of occurrence appeared there and rescued the victim by begging to the BSF for his life. The victim was also threatened by the perpetrators that if he ever lodges any complaint against the BSF in this regard hell be shot to death. It is significant to point out here that the barbed wire fencing is kilometre inside the Indo-Bangladesh Border. Right now the victim is suffering from mental trauma and insecurity as this torture by BSF effected him psychologically. The victim sent a written complaint to the Officer-in-charge of Goalpokhor Police Station and the Block Development Office of Goalpokhor I Block, North Dinajpur which was received by them accordingly. But all are in vain. No steps have been taken till date. CASE NO : 2 Name of the victim: - Mr. Biswanath Soren, son of Late Mr. Deben Soren, aged about-70 years, Scheduled Tribe, by profession- Landless agricultural labourer, resided at village-Indra colony, Police Station-Goalpokhor, SubDistrict: Islampur, District-North Dinajpur, West Bengal. Name of the Perpetrators: - Some on-duty Border Security Force jawans posted on 9.04.2011 at about 4:00 pm under Chaklagar BSF Camp of Battalion-23, Police Station-Goalpokhor, District-North Dinajpur. Time and Date of incident: - 9/04/2011 at about 4:00 pm. Place of incident: - Near Out-Post no: 25 of B.O.P Chaklagar, Battalion No: 23 Border Security Force. Case Details It was revealed during our fact finding the victim Mr. Biswanath Soren is a senior citizen of India, belonging to the Scheduled Tribe community. He is living under grave poverty and fending himself with his family by working as an agricultural labourer. On 9/04/2011 at about 4:00 pm the victim was passing nearby to Out-Post no: 25 of B.O.P Chaklagar, Battalion No: 23 Border Security Force. Meanwhile some BSF Personnel restrained him. They were started to use slang indicating the victim without any cause. As it hurt the dignity of the victim, Mr Biswanath Soren requested the perpetrators to stop using filthy languages which attacked his dignity. All the BSF jawans were intoxicated at that time. Even after the request of the victim they did not stop using filthy languages. Moreover the on duty BSF personnel with sophisticated arms were also threatened to kill him by showing him their service rifles (insus). The things get worst when perpetrators assaulted the victim by pushing him on ground near the barbed wire fencing and attempted to kill him. He literally begged for mercy to save himself. The perpetrators then released the victim from their custody. It is relevant to mention here that the barbed wire fencing is situated 30 metres inside the Indo-Bangladesh Border. The victim sent a written complaint to the Officer-in-Charge of Goalpokhor Police Page 39 of 61
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Station and the Block Development Office of Goalpokhor I Block, North Dinajpur which was received by them accordingly. However no steps have been taken till date. CASE NO: 3 Name of the victim: - Mr. Abu Sama, son of Late Mr. Abdul Khalil, aged about-25 years, by faith-Muslim, by profession- Agrarian labourer, resided at village- South Goalin, Police Station- Goalpokhor, Sub-District: Islampur, District-North Dinajpur, West Bengal. Name of the Perpetrators: -. BSF camp commander and 2 BSF jawans posted at Teengaon BSF camp. Time and Date of incident: - 13/04/2011 at about 1:00 am. Place of incident: - At the residence of the victim Mr. Abu Sama, South Goalin, Police Station- Goalpokhor, SubDistrict: Islampur, District-North Dinajpur, West Bengal. Case Details: It was revealed during our fact finding that Mr Abu Sama is a person belongs to the minority community and an indigent background. He is living in the South Goalin village with his wife and two little children under a poor economic condition. On 13/04/2011 at midnight the Company Commander of Teengaon Camp accompanied with two BSF jawans entered inside the dwelling house of the victim on a false pretence of searching the house. They broke the door and entered the house forcefully. Even though there was no search warrant issued in this regard. After entering to the victims house they used filthy degrading languages indicating the religion of the victim. When protested by the victim the perpetrators started to beat him up mercilessly with their batons. The BSF personnel then caused severe damage to his mud house by breaking the tiled roof. It is also relevant to mention here that nothing illegal was found from the house of the victim even after searching. The victim was also threatened by the perpetrators that hell be killed if he tries to open his mouth in this matter. The victim got severely injured, the marks of which are still evident on his body when our team visited the area. The victim sent a written complaint to the Officer-in-charge of Goalpokhor Police Station and the Block Development Office of Goalpokhor I Block, North Dinajpur which was received by them accordingly. However no steps have been taken till date. Report by: Kirity Roy
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23 Cancer Specialists team up across 17 States against Tobacco

6th July, 2011: I am a cancer surgeon. In order to save the lives of the victims of tobacco, I have to cut away their cheeks, jaws, tongues, voice boxes, foodpipes and glands, leaving them permanently disfigured and handicapped, says Dr U S Vishal Rao, a Consultant Oncologist and Surgeon at Fortis Hospital, Bangalore. His blood boils because he sees these people as the victims of their own stupidity, and of the governments refusal to ban tobacco. Every week, Dr Vishal and his friend Dr Vikash Agarwal (currently at Kolkatas Apollo cancer Institute) each examine 25-30 patients and perform 4-5 surgeries. Till date, they have each performed 200-250 surgeries. Another close friend, Dr Pankaj Chaturvedi who works at Mumbais Tata Memorial Hospital, handles 150-200 patients and does 10-15 surgeries per week, and has performed over 2000 surgeries over his career. If there is one thing that this trio of friends (see photos) agrees on, it is that over 50% of the cases of cancer that they treat are tobacco-related. And of all the tobacco-related cases, half are related to chewing tobacco i.e. gutka and its variants. The most disfiguring tumours of mouth, throat and chest are caused by chewing gutka. When Vikash and I were together at Tata Memorial Hospital in Mumbai, we would see hundreds of patients, waiting in long queues for a consultation, some lying on the streets with no accommodation after having travelled thousands of miles by train. And we would wonder why so much money was being spend on sophisticated cancer hospitals? Why didnt the government just ban tobacco instead? he asks angrily. Cancer specialists throughout the country share their sentiment, and asking the same question. Nearly two dozen cancer specialists across 17 states have teamed up to change their state governments policies on tobacco. The cancer specialists who are part of this campaign are: http://tinyurl.com/Anti-Tobacco-Cancer-Specialist Outraged by what they have to deal with every day the ravages of cancer caused by chewing gutka prominent surgeons are now focusing on curing cancer before it strikes i.e. banning tobacco products. POWERPOINT PRESENTATION Tobacco through the eyes of Cancer Surgeons: http://tinyurl.com/Gutka-CancerPowerpoint HIGH-RESOLUTION PHOTOS of Cancer patients: http://tinyurl.com/Gutka-Cancer-Photos STAGGERING STATISTICS 1. Gutka i.e. chewable tobacco annually causes 2.5 lakh cases of cancer -- about half of all the tobacco-related cancer cases in the country, and about 25% of all cancer cases in the country. 2. Even after incurring treatment costs (including surgery) averaging Rs 3.5 lakh per head, many patients are left horribly disfigured for life. 3. Annual cost of treatment of 2.5 lakh gutka patients is approximately Rs 87.5 billion or Rs 8,750 crore. (Just for comparision, this is roughly three times the annual plan outlay of a state like Meghalaya.) Page 41 of 61
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4. One third of Indias population -- about 27 crore persons of all ages -- are addicted to some form of tobacco consumption. 5. Cigarettes account for 13 percent, bidis account for about 37 percent and gutka accounts for 50 percent. 6. Over 21 percent of boys in the 10-14 age group smoke beedis or consume gutka. 7. Over 14 percent of girls in the 10-14 age group smoke beedis or consume gutka. 8. India has the highest incidence of mouth-cancer in the world a clear correlation to the unique popularity of gutka in this country. 9. Of the 27 crore tobacco addicts in India, 9 crore suffer premature deaths due to various ailments, including cancer. 10. Even the lives of the 7 crore people whose livelihoods depend on the tobacco farming are affected by disease. Even those farmers and workers who abstain from consuming tobacco suffer Green Tobacco Sickness by continually inhaling dust and fumes from the leaves. In the face of such clear statistics, why does the government allow the tobacco industry to do business and continue to spread poison in society? Isnt it cynical to enable the private sector tobacco sector and the medical sector -- to profit by inflicting addiction and chronic disease of the people of India? VESTED INTERESTS IN THE GOVERNMENT The tobacco industry has a large number of supporters within the government. Three of them Pranab Mukherjee, Jaipal Reddy and Kamal Nath are on the Group of Ministers (GOM), which is supposed to implement steps to reduce tobacco consumption by issuing pictorial warnings on the packaging of cigarettes, gutkas etc. Naturally, they have been repeatedly diluting, delaying and sabotaging the implementation of the measures. Look at their credentials: PRANAB MUKHERJEE comes from Jangipur constituency in Murshidabad district, where almost every rural household is the occupation of bidi rolling. JAIPAL REDDY has been a lobbyist of tobacco farmers of Andhra Pradesh for about two decades. KAMAL NATH comes from Chhindwara constituency, where tendu leaves gathering is a big business. Others outside the GOM are also distorting the governments tobacco policy: ABHISHEK MANU SINGHVI, a Congress Rajya Sabha member, is known to be on the payroll of Gutka/Pan Masala industry. PRAFUL PATEL, who is not a part of the GOM, has nonetheless been influencing it from outside. He is known as bidi king in Vidarbha, as his Rs 800 crore empire stands on tendu leaves and tobacco. Page 42 of 61
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ARUN JAITLY (BJP leader of opposition in Rajya sabha) frequently represents Indian Tobacco Company (ITC) in court as a lawyer. He is the lobbys man in the opposition, and exercises considerable clout. CANCER SURGEONS MOVEMENT FOR PREVENTIVE ONCOLOGY The 23 cancer specialists who are now part of this movement work in major cancer hospitals in 17 states of India. They, along with about 200 cancer patients afflicted by tobacco consumption, are part of the Voice Of Victims project, which aims to reach out to policy makers and the general public. See their website: http://www.vovindia.org These surgeons are asking their state government: Why is this nation continuing to serve poison to millions of people, including school children, and then struggling to cure them? What is the point in our continuing to do these surgeries, if the government will not ban tobacco? The surgeons consider their campaign as preventive oncology, as against curative oncology. So far, the results are promising. In the past two months, the Chief Ministers of eight states (Arunachal Pradesh, Chhattisgarh, Goa, Karnataka, Kerala, Madhya Pradesh, Rajasthan and Uttrakhand, Maharastra) have responded. Governors of three states (Karnataka, Bihar, Madhya Pradesh) have signed the pledge to take a strong action against tobacco. WHAT THIS MOVEMENT HAS ACHIEVED SO FAR: Kerala: the Chief Minister has agreed to file an intervener in the gutka case in the Supreme Court asking for a ban on gutka. Kerala CM in his first Cabinet Meeting restricted the sale of tobacco products to 400 yards of educational institutes. Karnataka: the Chief Minister and his Cabinet signed the Pledge to ban gutka. Note: the same Chief Minister had a few weeks back made widely quoted public statements about asking the Supreme Court to relax the ban on plastic gutka sachets as it was impacting areca nut and tobacco farmers! Goa: In addition to signing the Pledge the CM is ready to help the group of cancer specialists with the Supreme Court case. Chhattisgarh: the CM wrote asking for a ban and that his statement should be presented in Court. Arunachal Pradesh: CM has asked for tax rates to be raised further. Maharashtra: CM is going to give time in the Maharashtra Assembly for a talk on tobacco control. By: Krishnaraj Rao
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inhuman torture, house break & false accusation by BSF

West Bengal Particulars of the victims:- (1) Mr. Mijanur Molla, son of Ajibar Molla, aged about- 25 years, by faith-Muslims, by occupation-day labourer, residing at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas. (2) Mr. Jalil Gazi, son of Bahar Ali Gazi, aged about- 33 years, by faith-Muslims, by occupation-day labourer, residing at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal, India. Name of the perpetrators:- (1) about 25 BSF jawans(who forcibly trespassed into the house of the victims at about 11.30 pm on 26.3.2011) from Kaijuri-Gaborda BOP, BSF Battalion no. 47 , Police Station-Swarupnagar Police Station, District-North 24 Parganas, (2) the Officer-in-Charge of Swarupnagar Police Station, District-North 24 Parganas, West Bengal. Place of incident: - Inside the house of the victims at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas Date & time of the incident: - On 26.3.2011 at about 11.30 pm Case Details:It is revealed during fact finding that on 26.3.2011 at about 11.30 pm about 25 BSF jawans from Kaijuri-Gaborda BOP, Battalion no. 47 of BSF forcibly entered into the houses of the victims. The said BSF jawans forcibly entered into the houses of the victims by breaking open the doors. Then the said BSF jawans by apprehending the victims subjected them under severe torture by assaulting them ruthlessly in presence of their family members. Thereafter the perpetrator BSF jawans took the victims to nearby BSF Camp and again subjected the victims to severe assault and even the victim was put into electric shock by the perpetrator BSF jawans. Thereafter on 27.3.2011 in the evening the victims were brought at Swarupnagar Police Station. It is also revealed during fact finding that the BSF personnel while producing the victims at Swarupnagar Police Station also filed a written complaint against them that Mr. Mijanur Molla carried Ganja Qty 10 kg 530 gms and Jalil Gazi carried Ganja Qty 10 kg 410 gms. On the basis of the written complaint the police of Swarupnagar Police Station registered one First Information Report vide Swarupnagar Police Station Case no. 70/2011 dated 27.3.2011 under section 20(b)(ii) of the Narcotic Drugs and psychotropic Substance Act. Then after registering the FIR the police prepared one seizure list in the police station in presence of police personnel and BSF personnel incorporating in the seizure list that the above mentioned amount of Ganja were recovered from the possession of the victim. Then on the next date (28.3.2011) the victim were produced before the Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas. In the written complaint lodged by BSF against the victims it was stated that the victims were apprehend by the BSF personnel on 26.3.2011 at about 2345 hours and the victims were produced at Swarupnagar police Station by BSF personnel on 27.3.2011 at 16.20 hours as per the First Information Report lodged against the victims. So the BSF authority caused delay of almost 17 hours in producing at the nearest police station i.e. Swarupnagar Police Station and no reason was set forth by BSF authority for such delay. Such conduct on the part of BSF authority is against Section 52(3) of the Narcotic Drugs and Psychotropic Substance Act which requires that the person Page 44 of 61
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arrested with allegation under the Act shall be forwarded to the officer-in-charge of nearest police station without unnecessary delay. It is surprising that no seizure list was prepared by BSF while apprehending the victims and allegedly seizing Ganja from them though any such officer of gazetted rank of the Border Security Force or any such officer(being an officer superior in rank to a peon, sepoy or constable) of Border Security Force as is empowered in this behalf by general or special order by the Central Government is empowered to arrest and search any such person against whom information has been received that he has committed any offence under the Narcotic Drugs and Psychotropic Substance Act under the provisions of Sections 41,42 and 43 of the Narcotic Drugs and Psychotropic Substance Act. The written complaint lodged against the victims by BSF clearly stated that they were arrested and searched by BSF constables. Therefore there is clear indication that the relevant provisions of Sections 41, 42 and 43 of the Narcotic Drugs and Psychotropic Substance Act were not given any effect at the time of arrest and search of the victims by BSF. The seizure list clearly revealed that the place of seizure was Swarupnagar Police Station and two constables of the same police station witnessed in the seizure list, though the fact remains that the victims were implicated under penal provisions of Narcotic Drugs and psychotropic Substance Act. There was no independent witness in the seizure list. The manner under which the seizure list was prepared by the police in this case was wholly illegal under the relevant provisions of Sections 41, 42 and 43 of the Narcotic Drugs and psychotropic Substance Act. The family of both the victims lodged complaint before the Sub-Divisional Police Officer, Basirhat, North 24 Parganas complaining that the victims were picked up from their house on 26.3.2011 at 11.30 pm forcibly by the BSF personnel without disclosing any reason. The police officer received the complaint, but still did not initiate any inquiry into the matter. The victims are still languishing in jail custody as their bail prayer was not allowed so far.
Ms. Hasina & Mr. Jalil Gazi
Tachhlima Bibi & Mijanur Molla Page 45 of 61
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Broken grill gate of Jalil Gazis house Report By: Kirity Roy
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Columns
Americas New found love for India
After independence in 1947, India embraced socialistic pattern to develop itself. In bipolar world India was with USSR. This was just opposite to market approach of USA. Hence, a wide gap created between two countries. In 1991, Indian economy opened its tightened door for market players. This shift from socialistic to market orientation was a big event in economic history of India. Then finance minister ManMohan Singh played a key role in this hard decision. From here gap started reducing between two big democracies of the world. Usually IITans dream visiting, working, living in USA. As a result the best technical Indian brains drained to America. With time they got deep rooted. Gradually along with them, other streams top brains also migrated. Indians hard working quality (24x7) gave them an edge over Americans as they follow the five- day week and tight-time schedule work culture. The combined effect of hard work and best brain paid Indians. They got good positions and economically became sound. The advent of ICT catalyzed this process and galvanized Indians profile. Outsourcing accelerated the gap reducing rate and snatched bulk Americans jobs. In 2008 election, Obama promised to reduce glaring unemployment. As per his promise, he imposed many restrictions on outsourcing, just after assuming office. This saved US jobs but hit hard Indians and annoyed them. Indian communities who voted and gave election donations were distracted from Obama. Knowing this, he tried to reduce this resentment by giving many good positions to Indians in his administration. Now he has declared his candidature for reelection in 2012. He, being an intelligent politician, knows the damages due to Indians annoyance on outsourcing issue. To reduce resentment, to bring them in 2008 position and to get support in 2012, Obama moved strategically in November 2010. Keeping eye on re-election, as part of strategy, he coined his countrys support to India for permanent seat in United Nations Security Council during his India visit. This gave a soothing effect to IndianAmericans. He knows well about the Indian community. Indians have proved that they are hard working, knowledgeable, intelligent and amenable to different situations. In support, I would like to cite: Dipak C. Jain had been dean Kellogg business school of more than eight years. He made it the best marketing school worldwide. Now Nitin Noharia is Dean Harvard business school. Duos are best education industry leaders. Likewise in other fields also, Indians are at top. To bring the country out of economic crisis, US need a big market and good partner. Obama has a feel of growing power of India. Big and open Indian market is attractive for Americans. By enhancing friendship with India, US can harness the benefit of Indian market. And this will help US a lot in reducing economic crisis at home. Indian community will act as bridge between Obama administration and India. President Obama announced to withdraw troops from Afghanistan rejecting military commanders advises for a more modest reduction plan. Obamas plan to withdraw all 33000 American soldiers from Afgan by the summer of 2012. This is also a political move. To fill withdrawal vacuum, who is the best option. From strategic point, India too has interest in Afgan. It is capable to handle such situations. India has experience of tackling terrorist activities in Punjab and J &K. Delay in withdrawal is not possible due to political reasons. Families of cops deployed in Afgan are eager to see their dears back at home. This withdrawal will woo American families to fetch their vote and Page 47 of 61
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support in 2012. This is the reason Obama expedited withdrawal plan ignoring the advises of military commanders. After Bin Laden incident, Americans perceptions have changed. They consider Pak more foe than friend. Laden was number one enemy of US. Pak sheltered him for long and lied US about his hiding. US invested huge money and time to set score of trade tower incident. Laden hiding disturbed the US-Pak equation. In addition, Obama administration would show respect to its citizen perception about Pak by changing equations with it. This will help in getting citizens confidence and politically economical. Disturbed equations with Pak, compels US to search a new partner in the south Asia region. Growing power of China is an open secret. China is giving US a tough competition in all fields. This has damaged so called supremacy of US. Cheap China products are reducing others market including US. So China is hitting USA commercially. China growing role at world stage will further affect the commercial and political interest of America. USA, being a market oriented country, will not tolerate shrinkage of its market and business. Arresting growing power of China is a need of hour for Americans. As usual, to do this US needs someones shoulder. In South-Asian region, under present circumstances, India is the best option. Secretary of state Hillary Clinton in her visit to India in July 2011 said she wished to see more India at world stage. This, new found growing love for India, is a strategic part of Obama re-election action plan. He knows without the support of strong India- Americans, repetition will not be easy. In view of his election and economic crisis, he is trying hard to woo Indians in his country. Obama is a proved good political marketer. His edge over others is his open mind to accommodate the changes. Along with his diligences, he is using all potential tools of modern technology to leave others behind. He used potential of social media to win in 2008. So, his upward love for India is not to benefit to India and Indians. It is rather for his focus on 2012 target and commercial benefit of the USA and its citizens. If we evaluate this love from Indias angle, India has to move very cautiously. USA, a hard core commercial country doesnt fit even with Indias basic thought process- a socialistic nation. In case of any commercial interest conflict, India will get same treatment like Pak. So, Pranab Mukharjee told Hillary that India doesnt want to interfere in Afgans security affairs. India should take utmost precaution so that US should not be able to use its shoulder for its own gain and to show its so called supremacy to the world. In transition position India must bargain to have favorable clauses in partnership deed. Now, weak USA will concede and come to terms. This is must to avoid so called American aura to ensure commercial benefit of the country. Hence, prima facie, new found love seems not good. It is a well planed political marketing move of Obama. He is trying to kill more bird with one stone. We know love is blind. Hence Chances of slippage is great. To save from slippage on USA love path, India must tread very cautiously to watch the interest of Indian citizens. (views are personal) Article by: Heeralal Provincial Civil Services, Uttar Pradesh Page 48 of 61
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Treasure of Faith Hoards of Wealth in Padmnabh Temple

It seems that in this profane world, the Holy seem to be most monetarily wealthy. Recently the material goods of the men of God have come to be known more openly than before. Bhagwan Satya Sai of Putthaparthy, not only had over 40000+ crores of wealth; some of this was kept in his personal quarter, in the form of cash and Gold. Not to be left behind the most successful Yoga Guru and the champion of unearthing illicit money stashed abroad, Baba Ramdev, also has hoards of money. It is said he controls over 11000 crores. All this came to prominence once Ramdev began his campaign by undertaking fast at Ramlila maidan. These are just two samples from the Godmen, who are currently ruling the spiritual realm. Other Godmen like Sri Sri Ravishanker, Morari Bapu, Maa Amritanand Mai, Asaram Bapu and other of their tribe are also wealthy to the hilt. Unlike the low caste saints of the genre of Kabir, Tukaram, Narsi Mehta, Dadu or Raidas, most of those in the God market today have made humongous riches. The other centres of faith, the temples, also have infinite wealth. It is known that Tirupati Balaji Temple, Sai Baba of Shirdi Shrine, Siddhivinayaka in Mumbai and many such places are troves of treasure. This wealth comes from devotees offerings. Lately some BJP ruled States, e.g. Karnataka, Governments are also donating money to holy places. Many claim that this wealth is devoted for public welfare. In is reported that only 0.5% of Bhagwan Satya Sais wealth was used for social welfare. How much of these offering are tax paid or comprise of illicit wealth is anybodys guess. As Godmen are prominently visible currently, more facts about the stinking wealth of these centres of faith are coming to light. Some of these are plain shockers. One such shocker comes in the form of the news (July 2011) that Shree Padmanabhswamy temple of Tiruvananthpurams lockers have incalculable wealth. These lockers were opened on the orders of Supreme Court. It seems that the deity of this Holy shrine is the richest God on Earth. The mind boggling wealth of Lakhs of Crores has been locked up there from last few centuries. The source of this wealth is multiple, part of this came from devotees offerings and the major chunk has came from the wealth of King Marthanda Varma, The source of his wealth was taxation of poor farmers, tax income from slave trade, and by appropriating the wealth of other kings. The source of wealth is known but its controls are in the hands of the temple trust. The surfacing of such a vast treasure has raised the issue, to who does this wealth belong? Marthanda Varma the king who defeated small kings to garner this huge wealth was under the influence of a Brahman priest. In due course King dedicated all his wealth and his sword to Padmnanbha Temple and declared himself as Padmanabhdasa, and acted as the custodian of this wealth. The same regime and temple wealth was partly used for opening up feeding houses for Brahmins, but overall the whole wealth has remained intact in the coffers of the temple. The temple is being managed by a Committee with the heir of Martanda Varma as the controller of the treasure. Does the God, deity, need so much wealth? And can this vast ocean of riches be of any good to the society at large in the material sense. One concedes that the wealth with the deity is `serving various emotive-spiritual purposes, and many a Hindu groups and even the Congress politicians have claimed that the wealth should remain as it is where it is and a small part of it can be diverted for social welfare. With Independence and later with abolition of privy purses to the Kings, who were enjoying privileges by claiming to have divine right to rule, the rule passed on to the state, the elected representative of the people. So should Page 49 of 61
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mere legality decide the use of this wealth or should the needs of society at large decide the utilization of such wealth. What will make God most happy; the hoarding of this wealth under the control of few or use of this wealth for the larger good of society? As such when we are hearing that a lot of wealth kept by Indians in banks aboard should be declared national asset and used for the welfare of the people, should we also pay our attention to this Temple-Baba wealth as well? Those shouting hoarse, and correctly so, about nationalizing illicit money are keeping quiet on the issue of wealth with God, and wealth with Godmen, both. It is a bit of a riddle that those who have been fasting and agitating on the issue of illicit wealth seal their lips when this social wealth under the control of Deity or a small group of trustees is concerned. As such there are interesting historical incidents about Holy places and wealth. Earlier also these places of worship were the places with good amount of wealth and many a Kings, motivated by the lust plundered it. Mahmud Gazni had the clear motive of grabbing Somnath temple wealth, but he claimed that he does not believe in idol worship, so he is destroying the temple. Such historiography became the stuff on which communal divides were drawn and divisive politics sustains itself. Here one forgets that even Hindu Kings have plundered the wealth in temples. Kalhans Rajtangini mentions that 11thCentury ruler of Kashmir, Raja Harshdev, had created a new designation of an officer, Decottpatan Nayak, whose job was to uproot the precious idols of Gods in the Holy places. The matters of faith are very delicate and have become more so during last three decades as the temple issues have bypassed the issues of poverty and dignity of weaker section of society. One should also make it clear that similar wealth is locked up in other religious institutions, like in Churches and with Wakf board, though the source of this may be different. All this needs to be brought to the service of the community at large. In current times while there is a need to respect the faith of people, there is also a need to think of social welfare in all possible manners. Such treasures have to be brought under social control and every penny of this must go for programs aimed at alleviation of poverty or empowerment of the weak and poor. Article by: Ram Puniyani Former Professor, Indian Institute of Technology
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Regional Geopolitics after Laden

The recent American military operation which killed Osama bin Laden has raised many questions related to the deeper truths of the phenomenon of Al Qaeda, Terrorism and role of US in the region. Osama bin Laden, has been the most dreaded name in the annals of terrorism, the chief of Al Qaeda. Pakistan authorities have been caught in a strange situation. They had been claiming that Osama was not living in Pakistan; there are no terrorists in Pakistan etc. In this backdrop, Osama is found at the walking distance of the famous military academy of Pakistan. The US did not inform Pakistan about the military operation which it undertook on Pakistans land. On the top of that US is refusing to apologize for this violation of Pakistans air space, for using its military in another country. Now fears are rife that US may do similar things to wipe out Pakistans nuclear arsenal. Due to Pakistans lie about Osamas living in Pakistan, there are voices calling for declaring Pakistan as a terrorist state. Indian army Chief is telling loud and clear that Indian armed forces are also competent to undertake such an operation. In the whole spectacle created around the death of Osama bin Laden, there is some deeper truth which is hidden from the public eye. It has been the whole game of United States in first helping the creation of Al Qaeda, supporting Osama bin Laden with money and armaments to join the anti Russian forces. While Pakistan has to take the blame for housing Osama, the deeper fact is that Pakistan army and ISI had mostly been hands in glove with the US policies for control over the oil wealth of the region. To counter the Soviet presence in the area, US played a clever political trick. It resorted to encouraging and supporting the militant version of Islam. US-CIA helped set up Madrassas in Pakistan through the ISI. These Madrassas distorted the Islamic words Jihad and Kafir. Osama, a Saudi Arabian Civil engineer was supported to take the lead of Al Qaeda and rest is by now too well known. Advent of the theory of Clash of Civilizations, in the immediate aftermath of the end of the Cold War, which subsequently became the guiding principle of US foreign policy, in nutshell stated that the backward Islamic civilization is out to attack the advanced Western Civilization. Gorge W. Bush used the word Crusade, in his speech in US Congress in the aftermath of 9/11, 2001, as his cover for attacking Afghanistan and outlined this thesis of Clash of Civilization in simple words, Americans are asking: why do they hate us? They hate our freedoms-our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other." The events of 9/11 opened a gateway to an unexpected future: The war in Afghanistan, which threw NATOs previous reluctance to go out of area out the window; bombings in London and Madrid; the war in Iraq, which descended into brutal sectarian warfare and divided the West; Guantnamo; the surge in violent Islamist extremism globally; and even, most recently, the democratic revolutions of the Arab Spring. For a time in 2001-02, it looked as if the effort to defeat the terrorists would go quickly. The Afghan Taliban who had sheltered Al Qaeda fell from power in a matter of weeks. The siege of the caves at Tora Bora, where Osama bin Laden had fled, promised to bring about his demise and a strategic defeat for terrorism.
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By late 2003, the Bush administration had learned that killing the terrorists was a short-term tactic, not a longterm strategy. But with bin Laden at large, the war on terror was never far from consciousness. On top of all this, the financial crisis and recession hit America hard and sapped self-confidence. The cost of the wars compounded by the costs of the financial bailout, economic stimulus, and new legislation has left America with unprecedented levels of deficits and debt. Under President Obama, the near-successes of the underwear bomber and the Times Square bomber have reminded the people that the terrorist threat had not receded. The toll on Americas psyche was palpable. Militant Attack on Pakistan Naval Base The siege by militants on a Pakistani military base on 23 May has been instrumental in increasing concerns about Islamabad's capacity to protect its nuclear arsenal. The attackers destroyed two high-tech spy aircraft provided by the United States. It took Pakistani authorities the better part of the day to overpower the attackers who were armed with grenades, rocket launchers and guns. The Pakistani Taliban reportedly took credit for the siege, which it said was retaliation for the U.S. killing earlier this month of al-Qaeda leader Osama bin Laden. Pakistani officials have long asserted that domestic extremist activity does not threaten the nation's nuclear weapons. The warheads are built for delivery by missiles or bombers and are kept at undisclosed facilities generally located throughout Pakistan's Punjab region, according to experts. As retired Pakistani Gen. Talat Masood said recently: "I'm sure there will be concerns around the world about this [attack], there's no doubt about it. I think Pakistan will have to make certain that anything like this cannot be repeated from the standpoint of nuclear installations." Former U.S. Army Lt. Gen. David Barno said the siege "comes at a tough time for the Pakistani military. Not only was the U.S. able to infiltrate Pakistan and kill Osama bin Laden under their noses, now militants attack a Pakistani base. This has a shock value." Safety of Nuclear Weapons According to a report published in New York Times on 23 May, Pakistani army chief Gen. Ashfaq Kayani in recent closed-door discussions with journalists and military experts signaled he wishes to bolster the confidence of the military and eliminate suggestions of inadequacy by increasing antiterrorism operations. The general also underlined multiple times that the nation's nuclear arsenal was well defended, one expert who attended a discussion said. Leaked U.S. diplomatic cables reportedly show, though, that the United States' chief atomic security concern in Pakistan is that someone employed in the nation's expanding nuclear weapons program could gradually pilfer away enough bomb-grade material to construct a crude weapon for militants. David Albright, President of Institute for Science and International Security, recently told the Financial Times: "There is more concern about the plutonium and highly enriched-uranium in production facilities and laboratories, which involve considerably more people and facilities that aren't as protected as well as military bases. You (would worry that extremists) could try to size a reactor in order to have a very visible suicide mission where they could threaten to damage the reactor or cause a massive radiation release." Page 52 of 61
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However, according to Mahmud Durrani, one-time Pakistani national security adviser, "The biggest assurance is that Pakistan's nuclear weapons are not deployed. They are kept disassembled and in different locations." Shaun Gregory, director of the Pakistan Security Research Unit at Bradford University, feels that the recent terrorist assault reinforces the fear that terrorists have now developed a range of tactics -- foreknowledge, use of uniforms, simultaneous attacks on different entry points, etc. -- which enable them to penetrate high-security bases and, crucially, hold space within them for hours. Indias Worries Voicing Indias worries about the defenses of nuclear weapons in rival Pakistan following a militant siege this week of a naval base in Karachi, Indias Defense Minister A.K. Antony said: "Naturally it is a concern not only for us but for everybody. Our services are taking all precautions and are ready round-the-clock. But at the same time we don't want to overreact." Though estimates vary, recent analyses indicate Islamabad could hold more than 110 nuclear weapons. The country's is viewed as having the world's fastest growing nuclear arsenal. Geopolitical Impact The post-Laden scenario in South Asia and South-West Asia and Central Asia is likely to witness new configuration of powers. The Afghan Taliban may exacerbate tension along Pakistan-Afghanistan border to build pressure on Pakistan not to extend military and logistic support to the US and NATO-led forces. At the same time Tehrik-eTaliban of Pakistan, which has recently shown its military and strategic clout by occupying Pakistans naval base, may also continue to build pressure on Pak military as a diversionary tactics and thereby support their counterparts across the border. The present situation in Afghanistan is very fragile and at the same time scenario in the neighbouring Pakistan and Iran is also not congenial from regional security and stability perspective. Under these circumstances, both US and NATO-led forces stationed in Afghanistan can ill afford to leave Afghanistan. While continuing its offensive against the insurgents, US should also strengthen Afghan National Forces with proper training and equip them with modern and sophisticated weapons to match their Taliban rivals. Stability in Pakistan is vital for the peace and security of South and Central Asia. Ruling elite, including military in Pakistan is tasting the fruits of harbouring terrorists on its territory. Common people of Pakistan are the ultimate sufferers of terrorist violence. Islamabad should heed the sane advice from New Delhi and Washington to tame the terrorists having camps on its territory and accede to genuine demands of India for carrying forward the agenda of peace. Undoubtedly, it will take months, if not years, before the impact of bin Ladens death is fully understood. However, some broad estimates of impact of post-Laden period, which are based on various media reports: Islamist terrorism will not come to an end overnight. But it may no longer be seen as a monolithic menace. One may again be able to distinguish the subtleties.
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Some extremists will vow to fight on, and new terrorist attacks may occur as a result. But for the majority of Muslims in the world, bin Laden is no longer some folk hero, but a radical extremist whose violent ways ultimately led to his death. That is no inspiration. By contrast, the real inspiration comes in the form of peaceful protests across the Arab world, by people who do not demand an extremist Islamic caliphate but instead demand fundamental human rights and political freedoms. Americans may begin to come out of their self-doubt and anxiety, and restore that quintessential American determination and optimism that in years past made it the envy of the world. Pakistan, which appears to have harbored bin Laden, will have to come to reckoning with its role in the world. And Afghanistan, already on a path to assume responsibility for its own security in 2014, must know that the reason for Americas involvement there in the first place has now been eliminated. More and more voices will now say it is time to move on so Afghanistan had better be ready. Article by: Dr Arvind Kumar, President, India Water Foundation http://www.indiawaterfoundation.org/
Chairman of State Backward Commission gives an illegal order, says in High Court that he will take it back
Uttar Pradesh There are many occasions when the Constitutional Authorities conduct themselves completely against the dignity required of their chair and the status of their post. All such cases send a very bad signal everywhere in the society. Here I present a case related with me at Lucknow. Here, Paras Nath Maurya who is presently the Chairman of Uttar Pradesh State Backward Class Commission passed an order deciding validity of a Registry deed and for dispossessing one peaceful occupant of land which is completely beyond his power and authority. As is so well known to one and all, validity of a Registry deed, title of a land and order about dispossessing an occupant are orders which only a Civil Court is authorized to pass. That too after a proper civil suit has been filed by the affected party and hearing has been made as per the provisions of the Civil Procedure Code and the Indian Evidence Act. But Maurya decided not to follow any of these legal provisions and passed this illegal order about validity of Registry deed and change of possession in his order dated 09/08/2010 in complaint case No 186/2008 Shyam Bihari Vishwakarma vs SSP, Lucknow. Page 54 of 61
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The matter relates with a piece of land I bought some seven years ago from a Cooperative Housing society at Lucknow. A complaint was made by Vishwakarma, an ex-Secretary of this Housing Society to Maurya as Chairman of the Commission saying that I had forcefully dispossessed some poor women belonging to Backward Castes by demolishing their boundary walls and was using my undue influence as the wife of Amitabh, an IPS officer. When the complaint was presented, the matter got enquired into by both the revenue and police officers and it came on record that there the complaint of demolishing of boundary wall was not correct and I was in peaceful possession of land I had duly purchased and got registered. Things should have ended there but Paras Nath Maurya gave an order deciding about the validity of the registry calling my registry as illegal and directing the State government that the possession of land shall be handed over to the Housing Society and the Commission be intimated within one month. It is interesting to note that in such an important decision, he was making many serious errors like writing Ratan Thakur instead of Nutan Thakur, writing the name of the seller differently at different places and so on. Thus, he decided over a matter he clearly had no jurisdiction as the Chairman of Backward Commission. An important fact which I learnt later was Mauryas son had been given a land by the same Vishwakarma as Secretary of the Society. I wrote to the Chief Minister and Governor of UP to take suitable action in this case but when nothing came from this, I filed a Writ Petition in the Lucknow Bench of Allahabad High Court praying to quash this illegal order. Interestingly, today (18/07/2011), the counsel of the respondent said that Maurya would take back his order within two days, a fact that makes it all the more clear that he had made an illegal order previously. On this, the High Court disposed of the Writ petition. This might look like a personal matter but it is not only that because it shows how there are people who are misusing their authority and what we need to do in all such cases. Though the process is painful and standing against a powerful person like Chairman of a Commission is full of hardships, yet I have done it because I personally feel that each of us must resist whatever extra-constitutional or illegal measures are taken by any authority around us. Then only things will improve in the right direction. Report By: Dr Nutan Thakur, Secretary, IRDS, Convener, National RTI Forum
REVITALIZING LAW ENFORCEMENT

Among all the steps being taken towards making the Jan Lokpal Bill a reality and getting back the black money stashed overseas, we seem to be ignoring a vital cog in the wheel one of the main central bodies responsible for tackling corruption and graft- the Central Bureau of Investigation, and I think it is high time that the government took serious steps towards its expansion and making it more efficient. As we know, the CBI is heavily understaffed. It is in dire need of more officers, but since we are already quite short of the requisite number of IPS officers in the whole nation, the pool from which CBI draws its officers is clearly inadequate. Due to the Page 55 of 61
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growing number of crimes of every kind in our country, it is extremely important that this shortage be met, quickly and efficiently. Relying only on the IPS cadre for filling up their important positions has been hurting the CBI for a number of reasons, some of which may be stated as follows: First is inadequate number of IPS officers, which has been mentioned above. Next is the problem pertaining to the IPS lobby. A couple of years ago, I read in a national daily that there are many vacancies for the post of Deputy Superintendent of Police in the CBI but they were not getting filled as the CBI was not interested in conducting any test for the purpose of selecting candidates for the aforesaid post. The reason cited was that the IPS officers in CBI wanted exclusivity in promotions and posting; i.e they wanted the officer level postings to go to them and them alone and not any other officer entering through a different route. Furthermore, corruption in IPS and collusion of IPS officers with politicians has been severely hampering police work at all levels. No IPS officer is straightaway inducted into CBI after he passes out of the police academy. He is first posted in small districts and gradually moves up to bigger ones. As time passes, most of them turn out to be corrupt. Also, they lobby for plum postings, such as in the CBI and use political influence to get them. Now if such officers continue to be recruited into an agency meant to tackle corruption, one can easily imagine the fate of cases related to politicos and other influential personalities. Also, one can clearly understand the incompetence in the ranks (case in point-the botched up list of 50 most wanted persons handed over by the CBI to the Pakistani authorities). According to me, independent recruitment into CBI is an essential step. It should be made mandatory that as we select officers for the IAS and allied services every year, we must have an exam exclusively for selecting officers for CBI and other intelligence services. Independent recruitment is done today as well, but for the positions lower than the rank of ASP or DSP- people who rarely progress beyond the rank of Supt. of Police. The need is to select candidates for officer level posts, who shall work at par with IPS officers and have the same powers and perks. The recruitment has to be in considerable numbers, so that not only is the shortage met, but also new offices can be opened in many more cities and efficiently managed. The independent recruits shall never be a part of law and order wing of any police department. Their only task shall be the investigation of cases pending with CBI. They could be engaged with the IB and RAW, if needed. The idea is to create an elite pool of highly trained, efficient and professional investigators who are motivated to take on the worst guys. Moreover, with more number of competent people in the agency, the demand for granting greater autonomy to CBI (which is urgently required as well, especially to tackle anti social elements within the government), shall find a louder voice within the civil society and among the various groups fighting against corruption. If the agency is allowed to take up cases on merit, rather than only on government or court orders, many cases can be expedited to their rightful conclusion and the problems arising due to botched up investigation leading to lack of important evidence (as in the Aarushi murder case), can be avoided. There are three main branches of the CBI- Anti Corruption Branch (ACB), Economic Offences Wing (EOW) and Special Crimes Branch (SCB). There are of course many other departments as well. The Anti Corruption and Economic offence related cases are the ones that receive the maximum attention of the CBI officials. There are some zones which do not even have any SCB units. That needs to change. In a country where the quality of Page 56 of 61
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investigation of criminal cases at the local police level has often been abysmal, the CBI needs to handle more of them. I know that the above idea may be flawed. Many questions can be raised about the feasibility of it all. e.g.: how effective shall this plan be, in fighting corruption? How can the new non IPS recruits expect the kind of cooperation they require, from the IPS officers within and outside the organization, if they are opposed to the whole idea? Promotions are affected by recommendations. Will the non IPS officers get any from their IPS seniors? How There can be numerous other queries and doubts, but we cannot deny the fact that reform is urgently needed.
I obviously understand that for any of the above plans to materialize, the central and the state governments have to come together. Though this may seem to be asking too much of them, if the matter gets a wide public support, as it did in the case of The Lokpal Bill, and as it is getting in the anti-black money campaign, I think the reforms can be taken forward. Article by: Bhaskar Ghosh MCA first year, Department of Computer Applications, Maulana Azad National Institute of Technology, Bhopal INDIA.
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NGOs Ground Activities

Invitation for the opening ceremony of The New School in Snehalaya Campus
Gwalior, Madhya Pradesh We have pleasure in inviting you to join us for the proud moment in the history of our organisation with our dream coming true. Yes, this year in Snehalaya Campus Snehalaya International Public School" is ready to open its doors as a Main Stream School to provide education and vocational training to the children esp. Girls from the surrounding villages.We invite you to join us for the inauguration of this school on 23rd Aug. 2011 at Snehalaya, on Jhansi Road (16 KM stone) , village Sikroda, Distt. Gwalior 475 001, M.P. India, to coincide with our annual function from 21st to 23rd Aug. If possible, please join us for all three days, but if not, please make it as per your convenience on any day esp. on 23rd. Several VIPs and dignitaries are expected to join for the occasion including many of our supporters and volunteers from overseas. We hope you will make all efforts to share this moment with us. There will be annual sports competition on 21st, annual cultural events on 22nd and prize distribution to winners & inauguration of the new school on 23rd Aug. Enclosed is the invitation and the programme. As you know we publish a Souvenir every year and it is being published this year also. It will be released on 23rd Aug. 2011 with inauguration of the new School there. Please send your articles or messages at the earliest preferably by e mail (it should reach us latest by 31st July 2011) for inclusion in this Souvenir. Advertisements are welcome too. The souvenir is circulated to nearly 25000 people all over the World as well remains available on internet. This year is very significant for us having achieved another important mile stone with beginning of this main stream school in Snehalaya campus. Our childrens hospital in Gwalior city has also been restarted after necessary renovation and repair works on 8th July this year as Gwalior General Hospital with an ICU and Trauma Centre. All this could not have happened without your support. This new school will cater for children (esp. girls) from surrounding villages. The girls will be provided every thing including books, uniforms, food, education and health care as well Rs.10 per day for attending the school with vocational training. The aim is to make them independent; the girls remain illiterate, uneducated and undergo oppression all their life otherwise. Here I will like to add that we have already been running a school for special needs in Snehalaya since opening of Snehalaya on 23rd Aug. 2006 providing education and training to the children with disabilities resident in Snehalaya as well to those from local community as well providing total care for the 63 children resident in Snehalaya. "Dr. Meena Sharma Memorial Hospital with its eye and dental centres" continues to provide primary and emergency health care and specialists' services to the residents in Snehalaya and to local community in villages from within Snehalaya Campus. We also run mobile clinics in urban slums and rural areas alongwith "Integrated rural development work" in 19 villages there, as well provide solar light to the school going children in villages under our "Light for Education Programme", more details on www.helpchildrenofindia.org.uk Invitation by: Dr. B. K. Sharma
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The ultimate duty of mankind is the establishment of a system for Universal acceptance and protection of Human Rights
Delhi
The above mentioned duty of mankind was declared in a national seminar on the topic of Dharma and Human Rights organized by National Human Rights Commission in collaboration with Bhartiya Charitra Nirman Sansthan on in India International Center on July 7, 2011.
Mr. Ram Krishan Goswami, Founder President, Bhartiya Charitra Nirman Sansthan declared the above mentioned duty with sole agreement of more than hundred of participants in the seminar. Hon. Justice Mr. K G Balakrishnan, Chairman, NHRC and ex Chief Justice, Supreme Court was the chief guest of the program. The other persons to attend the seminar were Mr. G P Mathur and Mr. P C Sharma, Member, NHRC; Mr. Rajiv Sharma, General Sec., NHRC and Mr. Sunil Krishna, DG, NHRC.
The prominent speakers also included Christian scholar Dr. M D Thomas, Islamic scholar Dr. Haneef Khan Shashtri, Gandhian Dr. Y P Anand and Mrs. Reeta Bagchi Prof. of Philosophy in Hamdard University. These people said that universal acceptance of Human Rights is the purpose of all religions.
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The program was attended by educationalists, students, chartered accountants, advocates, sociologists, journalists, doctors, engineers and administrators constituting young, aged and female audience. Bhartiya Charitra Nirman Sansthan said that movements for the establishment of Crime free India are the basis for Human Rights Protection. The NGO also gave information about its programs organized in 42 prisons across India and people indulged in these activities over 10 years. Bhartiya Charitra Nirman Sansthan considers Philosophy of Science of Action to be the prime source for universal acceptance and protection of Human Rights. Human can be immune to crime by proper knowledge of living and non living nature, senses, heart, mind and soul. Protection of Human Rights, Honor and independence is not possible on earth without Crime Prevention. The theory of non attachment given in Srimad Bhagvad Gita has been declared as the ultimate tool for successful, meaningful and glorious life by a number of Indian and foreign masters avoiding the boundaries of caste, language, color, gender and class. Father of Nation, Mahatma Gandhi, educationalist and philosopher Dr. Sarvopalli Radhakrishnan, Lokmanya Bal Gangadhar Tilak, Pandit Madan Mohan Malviya, Yogiraj Arvind Ghosh, Swami Vivekananda, Swami Dayananda Saraswati and a number of other masters across the globe made their life successful and meaningful with the light of BhagvadGita. The rise of crime in the world is the main threat towards Human Rights, honor, independence and peace. Therefore Crime Prevention is the universal and ultimate tool for the sake of Human Welfare and World Peace. Bhagvadgita is the manifesto for the implementation of the above mentioned tool. Lord Krishna, the Master of the Universe is not limited to a mere location and time but he is the origin of universal and eternal policy, philosophy, dharma, justice and welfare. The divine message of Bhagvadgita is an immortal knowledge to the Human Kind. Report by: Parag Goswami
Appeal by Lok Adhikar, Delhi

Delhi 'Lok Adhikar' is a non-government no-profit organization. Since 2002, it has been working amongst rag-pickers in various localities of Delhi. Most rag-pickers in Delhi happen to be migrant laborers from Bengal, Bihar, Assam or Uttar Pradesh. Many happen to be members of the minority community. 'Lok Adhikar' has organized a union of rag-pickers in different localities of Delhi. It is called 'Kabaddi Kamgar Union'. Ever since 2009, when big industrial houses started dirtying their hands in solid waste management, the livelihood of rag-picking workers is being increasingly threatened. In this new situation, our organization in Rohini zone, started observing that large numbers of children are entering the rag-picking Page 60 of 61
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profession. Earlier one member of the family working as a rag-picker could somehow make ends meet, and parents used to send their children to school. But ever since 2009, the situation changed dramatically with the entry of private companies into the waste management business. Today parents themselves send their children on rag-picking errands because the family can not make ends meet. Given this new situation, our organization decided to set up a 'center' for rag-picker/'s children where alongside their work these children would be acquainted with other happenings/things in the world. The center will attempt to bring these children into the ambit of education, health and cultural activities. The objective of the center is to arouse the interest of rag-pickers in the world, in education and in health so that they may have a better future. As part of its resource mobilization drive our organization has decided to appeal to people to donate old papers, books, notebooks, old clothes etc. The organization lacks institutional support, therefore all kinds of scrap collected from such donations would be sold in order to finance the work of this or future centres. All voluteers interested in making monetary contributions to the work of Lok Adhikar should e-mail at the following address: lokadhikar.org@gmail.com Appeal by: Dharmender Yadav 99680 05632
GRI eJournal 2011 June Edition

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Source: European Food Safety Authority, European Union

EFSA finalises the assessment of general function health claims

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The growth of Naxal/ Maoist Influence due to neglect

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Somalia: Children facing war crimes

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SYRIA: Poet and song writer killed for a protest song

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MEXICO: Lydia Cacho threatened with death; fears for safety

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Maghar Singh 0091-1679-238037, Gurdial Singh Sheetal-9417195538, Ghanshyam Democrat 0091-9414864548

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Prime Miniter of India condemns Oslo extremist violence

Vedanta Orissa projects ban must be upheld

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immoral trafficking, police harassment in west bengal

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Orissa high court rejects Vedanta refinery expansion

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An other case of police torture in West Bengal

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India: Address Rights Issues During Clinton Visit

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23 Cancer Specialists team up across 17 States against Tobacco

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inhuman torture, house break & false accusation by BSF

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Ms. Hasina & Mr. Jalil Gazi

Tachhlima Bibi & Mijanur Molla Page 45 of 61

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