HRLN Compendium 2009

HUMAN RIGHTS LAW NETWORK

2009 Socio Legal Information CentreSocio Legal Information Centre

CENTRE FORCONSTITUTIONAL RIGHTS

INDIA


INDIA

Prisoners of conscience !

Irom Chanu Sharmila: Salute her sustained Satyagraha against AFSPA!

Resist the silent Emergency:Free Dr. Binayak Sen, general secretary, PUCL, Chhattisgarh, India

HUMAN RIGHTS LAW NETWORK576, MASJID ROAD, JANGPURANEW DELHI - 110014, INDIA

HR

LN C

ompendium

2009

The Socio LegaL informaTion cenTre

wiTh iTS DiViSionS

a movement for Justice2009

3 a movement for justice

The Constitution lays down as fundamental in the governance of India, the establishment of a social order for the promotion of the welfare of the people where inequalities are mini-mised, adequate means of livelihood secured, control of resources distributed to subserve the common good, concentration of wealth eliminated, the right to work and education provided for and so too public assistance in case of old age, sickness, disablement and want; and where the State raises the level of nutrition and standard of living of the people and improves public health.

In the name of 'globalisation' all this is being undone; leaving in its wake concentration of economic wealth on the one hand and utter destitution of the people on the other. Repressive statutes such as the Armed Forces (Special Provisions) Act have been upheld. Torture by the police is so widespread that it appears beyond judicial review. Personal laws were held to be immune from constitutional challenge. The huts of the poor are bulldozed and the remnants burnt without any court intervening. Corruption spreads like a cancer throughout the arms of the State and remains unchecked. Land acquisition and the displacement of millions have been held legal and justified. With the backlog in the appointment of judges growing, mount-ing arrears leave litigants frustrated. The administration of justice is woefully out of tune with the unprecedented crisis of modern India.

We have absolutely no doubt that the legal system in India is oriented entirely towards the needs of the rich and is uncaring towards the poor. Property and not human rights is at the core of its agenda. Fundamental social change will, therefore, come from social move-ments. Notwithstanding this, the poor find themselves with their backs towards the wall, often having no other option but to go to court. It is the duty of lawyers and social activists to defend them.

Understanding the correlation between rights and the nature of violations, HRLN's response is not limited to any one issue. The organisation aims to maintain a balance between a sus-tained campaign for socio-legal reform on specific issues as well as crisis response.

An unprecedented crisis

4Human rigHts Law network

content

about

initiatives

HrLn LocAtions 6

HumAn rigHts LAw network 7

Looking BAck, Looking AHeAd 8

An AppeAL 10

nAtionAL LeAdersHip 11

Activities 18

pAncHgAni: A turning point! 21

criminAL Justice 24

disABiLity rigHts 36

Anti-trAFFicking 46

women’s Justice 52

cHiLd rigHts 65

Hiv/Aids & tHe LAw 74

reFugee rigHts 82

rigHt to Food 91

emergency & disAster response 102

environmentAL Justice 108

dALit rigHts 120

seXuAL minority rigHts 128

AdivAsi rigHts 132

LABour rigHts 136

Housing rigHts 145

secuLArism And peAce 152

peopLe's HeALtH rigHts 159

indiAn/independent peopLe’s triBunAL 166


students For HumAn rigHts 174

internsHip progrAmme 177

centre For constitutionAL rigHts, indiA 180

internAtionAL senior LAwyers proJect 184

peopLe’s pAtent group 186

resource centre & LiBrAry 188

in tHe news 189

weBsite 190

puBLicAtions 191

comBAt LAw 193

oFFice units 201

donors & pArtners 228

AwArds 232

rememBrAnce 233


HRL

NTIBE T

PAKISTAN

NEPAL

BURMA

BANGLADESH

BHUTAN

SRI LANK A

HrLn LocAtions

map source: www.wikipedia.com

Srinagar, Jammu & Kashmir

Pulwama, Jammu & Kashmir

Shimla, himachal Pradesh

almora, Uttarakhand

allahabad, Uttar Pradesh

Varanasi, Uttar P

radesh

Patna, Bihar gangtok, Sikkim

Kolkata, west Bengal

ranchi, Jharkhand

Bhubaneswar, orissa

Bhopal, madhya Pradesh

hyderabad, andhra Pradesh

nagpur, maharashtra

chennai, Tamil nadu

Kohima, nagaland

imphal, manipur

ahmedabad, gujarat

mumbai, maharashtra

raichur, Karnataka

chhatarpur, madhya Pradesh

Bangalore, Karnataka

Kochi, Kerala

Thiruvananthapuram, Kerala

alappuzha, Kerala

Panaji, goa

Port Blair, andaman & nicobar islands

Dharamshala, himachal Pradesh

chandigarh

new Delhi

Jaipur, rajasthan

Udaipur, rajasthan

guwahati, assam

itanagar, arunachal Pradesh

wynad, Kerala


Abo

utThe human RighTs Law neTwoRk (hRLn)* is a nationwide collective of lawyers and social activists dedicated to advancing human rights and social justice for all.

A pioneer in public interest litigation in India, HRLN is responsible for several landmark cases since its establishment in 1989 and attributes its success to the breadth, depth and unique combination of its network’s socio–legal activities.

Collaborating with social movements, human rights organisations, and grassroots development groups, HRLN is passionately dedicated to protecting the rights of poor and marginalised communities. Among them are children, Dalits, people with disabilities, farmers, HIV+ people, the homeless, indigenous people, religious minorities, workers, prisoners, displaced people, sexual minorities, women and refugees.

Working in solidarity with like–minded organisations and individuals, HRLN provides pro-bono legal services, conducts public interest litigation (PIL), engages in advocacy, runs counselling hotlines, deploys abuse–intervention teams, organises legal awareness programmes, investigates violations, publishes ‘know your rights’ materials, sensitises the judiciary, plans Indian/Independent People’s Tribunals (IPTs) and proposes solutions to some of India’s foremost social problems.

We do what it takes to realise social justice for all and will persevere until this goal is met.

* hrLn and iPT are divisions of the Socio Legal information centre (SLic). SLic is a non–profit legalaid and education organisation, registered under the registration of Societies act, 1860, indian Public Trust

act, 1950 and the foreign contributions (regulation) act, 1976. all donations are exempt under section80–g of the income Tax act, 1961.

HumAn rigHts LAw network


chairman

Justice H Sureshformer Judge Bombay high court

Vice chairman

Dhairyasheel PatilSenior advocate

founder Director

Colin GonsalvesSenior advocate Supreme court of india

Secretary

Deepika D’SouzaSocial activist

The Human Rights Law Network began its journey in 1989 from tiny premises in Bombay. Our social movements ori-entation led us to work initially with trade unions, wom-en’s organisations and slum dwellers. Slowly we connected with movements in other cities and gradually the network emerged. Today we are the most significant human rights law organisation in the country, with over 200 lawyers and para-legals operating out of 26 states/union territories and cover-ing diverse areas of legal work. The website gives a picture of the exciting range of litigation, trainings, fact-findings, campaigns and publications of the organisation. Justice H. Suresh has been the Chairperson and our inspiration from the inception. Our Trustees have worked tirelessly. We were saddened by the death of our Vice Chairperson JB D’ Souza, a loving and caring friend.

As things stand today, the Socio Legal Information Centre is the non-profit public trust which houses four divisions. These are the Human Rights Law Network (HRLN), which focuses on legal aid; the Centre for Constitutional Rights, India (CCRI) which conducts academic courses on human rights law and access to justice; the Indian/Independent People’s Tribunal, a people's court; and HRLN’s journal – Combat Law. HRLN provides legal aid to tens of thousands of persons every year and has become the leading group in the country on the use of public interest law to bring practi-cal benefits for the working people. The Centre for Con-stitutional Rights, India, though in its formative stages, has

Looking BAck, Looking AHeAd


V Mohini Giriformer chairperson, national commission for women

the potential of becoming an important human rights law training academy in South Asia, particularly since countries in the developing world look to India for human rights law jurisprudence. The IPT has been a unique and successful experiment, where retired judges conduct fact-findings and publish reports regarding gross violations of human rights. Combat Law has become the finest journal of human rights law in India.

While we fight within the legal system with idealism and hope, the conditions of the working people in the country continues to deteriorate. Recent government surveys indi-cate that 70 percent of the Indian population is below the poverty line in terms of food intake. State violence is wide-spread and torture, extra-judicial executions and disappear-ances, routine. Violence against women, children, Dalits, Adivasis, workers, slum dwellers and HIV-positive people is at horrific levels. Hate practices against minorities is exten-sive and growing. While India portrays to the world that it is an Asian tiger, internally democracy is becoming increasingly fragile. The camouflage is beginning to wear thin. Large sec-tions of the population are becoming increasingly frustrated and angry as they find that they are denied basic education, public health services, food and dignity. It is in these circum-stances that we struggle to maintain basic democratic norms through the legal system using the Constitution of India as a shield to protect the working people when the State and individuals attempt to denude them of their human rights.

We urge all of you who read this to join our struggle for the emancipation of the poor in India and for the restoration of dignity and basic human values.

Colin Gonsalves, Founder Director, HRLN

Sankar Sen former

Director–general, (investigations),

nhrc

Treasurer

Farida BhatriSocial activist

Darryl D’Monteformer resident editor, Times of india

Ira RoySocial activist

Nargis Iranienvironmentalist

Ketayun RustomSocial activist

Mihir DesaiSenior advocate


Though it is not customary to introduce a brochure with an appeal for support, we are compelled to do so because HRLN is in dire straits. Some of our principal donors are withdrawing from India and the financial meltdown has left us stranded. We have operated day-to-day and hand to mouth without thinking of the future. As a result, we do not have an office of our own anywhere and we are likely to be homeless both in Delhi and Bombay by the begin-ning of 2010. We desperately need support to get ourselves a home. We also propose to separate, at some stage, the IPT and the CCRI as separate legal entities as they have a huge potential to be independent. We are, therefore, looking for partners who would support either the whole organisation or any one of the four divisions or any project within the division.

We could have used the funding that we received to pay our dedicated team of lawyers and social activists reason-able salaries. Rather we chose to have very low scales and spread the resources horizontally so that we could reach remote parts of the country. This strategy turned out to be successful and so there are states with very small offices but they have a huge impact because of the dedication and courage of the teams there. They struggle under adverse circumstances. In some states we received death threats and were forced to close offices temporarily. In many states our staff had to raise small resources to get tables and chairs. Computers are a luxury. Even now the most highly qualified and the highest paid person would receive less than $ 1000 a month for work from morning to night and on Saturdays and Sundays. HRLN is a refuge for all sorts of creative people who cannot adjust to the unfairness that

they find in the world around them and want to dedicate their lives to making the world a better place. They join and they use all their learning and skills on behalf of the dispossessed. What the organisation cannot give them in terms of financial rewards is more than aptly overcome by the huge satisfaction that they get in fighting for the work-ing people against tyranny and injustice.

If there are any partners to whom we owe special thanks and who made possible our phenomenal growth, they are the Swedish International Development Agency (SIDA) who supported us unwaveringly from the beginning, fol-lowed a little later when HIVOS became the backbone of support for the Bombay office and Evangelischer Ent-wicklungsdienst (EED) gave us institutional support and a whole range of partners including Dan Church Aid, Mac-Arthur Foundation, European Commission, Irish Aid, Sir Dorabji Tata Trust, UNCHR, Christian Aid, Elton John AIDS Foundation, Royal Netherlands Embassy, MIS-EREOR e.V., Diakonia, Karuna Trust, KIOS, Embassy of Switzerland, Swissaid India, Fondazione Pangea Onlus and Church’s Auxiliary for Social Action (CASA) supported HRLN in its access to justice programmes.

We could use interns and volunteers in any of the areas of work covered by our Initiatives. We need website spe-cialists and technical people to help us use the internet creatively and aggressively. We need fund-raisers and hu-man resources development experts. We could use artists, academics, social workers and a whole range of specialists as the work of the network is flexible. If you want to use your abilities to resist injustice, HRLN is the place to be.

An AppeAL


HRLN would not be the organisation it is today without the leadership of the following people, and many others who have dedicated years of their lives to selflessly nurturing HRLN while maintaining their core commitment to supporting individuals and struggle movements. It is their expertise, passion and vision which transformed HRLN from a small office in Mumbai to a nationwide collective of social activists and lawyers which is working in solidarity with struggle movements to evolve the rights regime in India.

Colin GonsalvesFounder Director Colin, Senior Advocate, Supreme Court of India, is also a graduate of the Indian Institute of Technology, Bombay. He was drawn to the law after witnessing

the exploitation of workers at the Bombay docks as also the plight of the slum dwellers. He co-founded HRLN in 1989. Today, it is India’s leading public interest law group and its activities span the vast spectrum of human rights issues. A significant achievement has been his co-development of IPT that investigates human rights violations. He has co-founded and served as the Editor of Combat Law, a human rights and law bimonthly, and is co-editor of several books.

Justice H SureshChairperson, Board of Trustees

Former Judge of the Bombay High Court and one of the leaders of the human rights movement, Justice Suresh has led HRLN since the beginning. He

headed several independent people's tribunals (IPTs) and fact-finding missions into grave human rights violations. His "People's Verdict" along with Justice SM Daud on the Bombay massacre of Muslims is considered a masterpiece.

nAtionAL

LeAdersHip

Deepika D'souzaExecutive DirectorDirector, Indian/Independent People's TribunalDeepika has been working with HRLN on issues related to development, human rights and environment for the last 15 years. Particular focus has been to mobilise around and highlight human

rights violations through people's tribunals, the most recent being the first ever people's tribunal on the impact of the World Bank in India. An MPhil from Cambridge, UK, Deepika is Co-editor of the HRLN book "Disability & the Law" (2005) and author of over 20 reports and newspaper articles on human rights and environmental violations.


Rajive RaturiDirector, Disability Rights InitiativeRajive is a management graduate with over 23 years of experience of having worked with multinationals in India and overseas. An accident left him visually impaired and led him to join the disability sector seven years back and now finds his work in HRLN very satisfying and produc-tive something he did not experience in his 23 years in the corporate. Rajive feels that his major achievement is in overcoming his disability in a very short time and he credits HRLN and its members for providing him the support to mainstream himself.

Sheela RamanathanDirector, Karnataka UnitDirector, Women's Justice InitiativeSheela started her career with a public sector corporation and later worked as Coordinator for a law magazine. After joining HRLN, she started a unit in Mumbai exclusively to deal with womens’ rights and to give pro-bono legal services. Later, she established HRLN office in Bangalore dealing with all cases of human rights violation. She has also been part of an international fact-finding committee on alleged police encounter deaths in Andhra Pradesh, en-counter deaths of alleged Naxalites in Western Ghats of Karnataka and Malenadu. She has filed a PIL on the rights of undertrial women prisoners, rehabilitation and compensation for acid attacked victims, for the persons with disability, for the implementation of juvenile jus-tice act, for the rights of slum dwellers, for the rights of women in matrimonial disputes, for the implementation of NREGA, etc. Sheela recently brought out a commen-tary on “the Protection from Domestic Violence Act.”

Harsh DobhalExecutive DirectorEditor, Combat LawHarsh obtained his Masters, MPhil and PhD from JNU, New Delhi between 1990 and 1999. He was a visiting research scholar at Rotherberg International School, Jerusalem and later a post-doctoral fellow with the political science depart-ment, Hebrew University of Jerusalem between 1999 and 2004. He has extensively written on West Asian affairs, globalisation, environmental and human rights issues. He has also worked as a journalist in India and later from West Asia from where he reported for Press Trust of India, apart from contributing to major Indian dailies, TV channels and BBC for over five years. All through his student and professional life, he has been as-sociated with a number of people's movements in India and later in Palestine. He has been with HRLN since January 2005.

Dhairyasheel PatilDirector, Criminal Justice InitiativeAcknowledged as one of the leading criminal lawyers in the country, Dhairy-asheel for long associated with HRLN, recently joined the Board of Trustees. He heads the Criminal Justice Initiative. He was formerly Chairper-son of the Bar Council of India. He regualrly lectures at various law colleges. He is also associated with several trade unions in the state of Maharashtra.


Preeti VermaDirectorAn LLM from Harvard, Preeti played a key role in organisation building after joining HRLN in 1996. She edited an important HRLN book “The Terror of POTA and Other Security Legislation in India”. She has been a co-organiser of several IPTs on different issues. Besides, she coordinates with the institutions and organisations coming forward to support HRLN. She has also been instrumental in streamlining the HRLN website and documentation system.

Sanjay Dhadwal Director, AdministrationSanjay, who joined HRLN in March 2002, is a vital member of the organi-sation, particularly that of the admin-istrative team. He looks after the administration of all HRLN units across the country and also contributes in logistics and planning.

Vipin M BenjaminDirector, Environmental Justice InitiativeGraduate in science and law, Vipin sub-sequently did post-graduate diploma in intellectual property rights. He has been practicising as an advocate in the Supreme Court, high courts, trial courts and other tribunals since 1997. He joined HRLN in January 2002 and is working in the areas of constitutional law, environment, labour, disabil-ity, company, women and children.

K K RoyDirector, Uttar Pradesh UnitJoint General Secretary, HRLNA legal practitioner and former presi-dent of the Allahabad University’s stu-dents union, Roy comes from the background of the stu-dent and youth political movements. He joined HRLN in 2000 and since then has been engaged in the work of organisation building in different states. Also he has been part of many fact-finding committees looking into the incidents of human rights abuses.

Mohd Saood TahirDirector, Refugee Rights InitiativeAfter obtaining Masters in social work, Saood joined HRLN in 2001 as a social activist in the field of refugee rights. Today he heads the Refugee Rights Initiative and it's ac-tivities throughout India. He has conducted a number of fact-findings on the conditions of refugees in India.

Sanjai SharmaDirector, People’s Health Rights InitiativeSanjai’s work in HRLN is focused on promoting litigation for protecting re-productive rights of women and health rights of the Indian people. He has wide experience of working in the rural India.


MA ShakeelDirector, Andhra Pradesh UnitDirector, Criminal Justice InitiativeAs legal practitioner in Hyderabad, Shakeel, who joined HRLN in 2003, has been supporting the victims who are tortured and harassed by the State actors. He also provides legal aid to the victims of caste-based violence and takes up is-sues pertaining to police atrocities, marginalised com munities, Dalits, persons with disabilities, PLHAs and sexual minorities.

PC TewariAdvisor, Uttarakhand UnitPC, as he is known popularly, is a promi-nent Uttarakhand activist and a high court lawyer who has been fighting for the rights of the victims of the State repression and torture. He has also been in the forefront of several political, social and ecological movements in the state of Uttarakhand.

Laya MedhiniSenior Advisor, HIV/AIDS & the Law InitiativeLaya has worked for over twelve years on human rights issues, with various stake-holders including the UN, government and civil society. Her area of focus is on issues surrounding HIV and AIDS, with a particular interest in the law and vulnerabilities of gender and children. A Chevening Human Rights Schol-ar, she has worked on a variety of issues such as trafficking, and migration within the framework of HIV and has been at HRLN since 2006. She is involved in finding a voice for anyone affected by HIV/AIDS whether a small village network or leaders of the movement, bringing members of the community together to find solutions and bridging social and legal issues.

Meihoubam RakeshDirector, Manipur Unit Director, Criminal Justice InitiativeBorn and brought up in a very poor fam-ily, Rakesh knows the difficulties and disadvantages in every day life. The childhood suffer-ings transformed him into a crusader against injustice and inequality and even today he is keen to work for the downtrodden, oppressed, survivors of violence and victims’ families.

Veena KumariDirector, Punjab & Haryana UnitDirector, Women's Justice InitiativeVeena, a human rights lawyer practising at the Punjab & Haryana High Court, has been working with HRLN since 2001. She has ac-tively been working on the issue of declining sex-ratio and giving legal training to the Punjab and Haryana government officials under the PC&PNDT Act. She is on various complaint committees constituted under Vishakha Guidelines and also a member of Punjab state supervisory board under the PC&PNDT Act, 1994.

Doma BhutiaDirector, Sikkim UnitDirector, Women's Justice InitiativeA PhD in law, Doma practices in the area of criminal law, child and women’s rights, labour cases, etc. Throughout her career as a hu-man rights advocate, she has had the opportunity to work on a very wide range of important issues. During her work over the years, she has successfully encoun-tered the challenges faced by women within patriarchal structure of society.


Vasavi KiroDirector, Jharkhand UnitRecipient of three national awards for journalism and seven writing fellowships, Vasavi’s activism began right from her college days and passionately fought for the women’s rights. She was instrumental in giving shape to peoples' movement against Koel Karo Hydel Power Project and Netarhat Field Firing Range Virodhi Jan Sangharsh Samiti, Netarhat. Besides, she is associated with the movements for the rights of the Dalits and Adivasis.

Anup K SrivastavaDirector, Right to Food InitiativeAnup – a devout RTF activist – has been working in the social development field for last 14 years with a strong asso-ciation with the grassroots movements. He devotes most of his time to the right to food campaign in the country.

Kiran JyotiDirector, Child Rights InitiativeMasters in political science and sociol-ogy and MPhil in Gandhian Studies, Kiran has been part of the social sector since 1995. Her area of work remains primarily welfare of women and children, especially the dropouts. She feels that the rights of the children need to be protected, as they cannot speak for themselves.

Mahesh BoraSenior AdvocateMahesh is a leading criminal lawyer in Jodhpur, Rajasthan High Court. He is associated with HRLN and several social movements for a long time. Mahesh is also a for-mer president of the Jodhpur Bar Association.

Debashish MohantaDirector, AdministrationA Post-graduate in sociology, Debashish has 28 years of experience in the devel-opment sector. He has worked in the various capacities prior to joining HRLN.

Sandhya SivakamiDirector, Kerala UnitAssociated with HRLN since 2002, Sandhya is state unit director along with Sandhya Raju. After doing her MBA from Madras University in 1995 and LLB from Kerala University in 2002, she began her career in the civil society sector. She is also associated with various social movements including the women’s movement. Sandhya practices law in the courts of Thiruvanan-thapuram.

Gayatri SinghCo-founder, HRLNDirector, Labour Rights InitiativeSenior Advocate Gayatri Singh, who practices at the Bombay High Court, is one of the leading lawyers on labour laws. Her associa-tion with the HRLN since its formative stages has been inspiring and rewarding.


Meena SharmaDirector, FinanceMeena has had a long stint in the hospitality and corporate sectors before joining HRLN. Working with a human rights organisation has given her satisfaction and a new perspective.

Laxminarayan DasariAssistant Director, Right to Food InitiativeLaxminarayan has been with HRLN since September 2000. He is a leading right to food activist and is presently the convener of the Anna Adhikar Abhiyan (right to food campaign), Maharashtra.

Debashis BanerjeeCoordinator, West Bengal UnitDebashis has been associated with HRLN since 2005. At HRLN West Bengal, he has been handling litigations issues related to criminal justice, child rights, disability rights, right to food and work, Dalit rights, environmental rights, housing rights and labour rights. Besides, he is closely associated with the rights to food and work network in West Bengal and the state level campaigns against custodial violence and child labour.

Jai SinghAssistant Director, Criminal Justice InitiativeJai has been a litigation attorney with HRLN since 2005. He has had the op-portunity to travel within and outside India presenting papers on a plethora of issues. The most enriching experience, however, has been work-ing with the people directly and empowering them through trainings and workshops. According to him, HRLN has made him understand India from a whole new perspective.

Sashiprava BindhaniDirector, Orissa UnitSashiprava joined HRLN in 2008, and has been practicing at the Orissa High Court. After Masters and a law degree, Sashiprava worked on the issues of women and chil-dren in India and abroad in different organisations. She played a key role in the movement against displacement as a result of the World Bank supported inter-state ir-rigation project on the Subarnarekha river. She also has experience in the areas such as reproductive health, child protection, policy analysis and advocacy.

Sandhya RajuDirector, Kerala UnitDirector, Women's Justice InitiativeSandhya is a practicing advocate with 10 years experience. She has obtained her degree of Law from National Law school of India, Ban-galore and LLM from the University of Mumbai. She was Nominated to be part of the International Senior Leaders visitors programme in 2007 by the American consulate. She was instrumental in setting up the HRLN Kochi Unit in 2002. She has recently brought out a book on Domes-tic Violence and the Law, published by HRLN.

Syed Faisal QadriAssistant Director Head, Kashmir UnitFaisal joined the legal profession in 2004 and a year later became part of HRLN. He practices in the High Court of J&K at Srinagar on the issues related to disability, environmental, criminal justice issues and constitutional matters and service laws.


Kranti Chinappa Assistant DirectorKranti began his journey with HRLN in 2000 as a volunteer at the national con-ference on human rights, social move-ment, globalisation and the law at Panchgani and then went on to intern with the Mumbai, Gujarat and Delhi offices. After getting his law degree, he now works at the Mumbai office and is leading the Students for Human Rights – an important arm of HRLN.

Bhushan OzaDirectorBhushan has been associated with HRLN since the start and has activelybuilt the Gujarat Unit. A leading labour lawyer at the Gujarat High Court, he has done several public interest cases there and canvassed the cause of prisoners and obtained a landmark judgement in the matter of Furlough. He also argued an important matter for Iraqi refugees in the high court.

Chetna M BirjeAssistant DirectorChetna has been associated with the HRLN for last seven years. Presently, she is working with the Criminal Justice Ini-tiative and the Dalit Rights Initiative of HRLN. She has been part of several social movements including the Nar-mada Bachao Andolan in the past. Now, HRLN has given her exposure to civil rights as well as political movements in the country.

Firoz KhanAssistant Director, HIV/AIDS & the Law InitiativeFiroz has been working on HIV and re-lated issues since 2002 and has special interested in gender and vulnerable groups. A sensitive counsellor and a paralegal, his fight against stigma and discrimination has taken his commitment and energy to the people across India.

Suresh NautiyalDirector, PublicationsExecutive Editor, Combat Law HindiSenior Associate Editor, Combat Law EnglishA staunch Green, Suresh is a senior bi-lingual journalist – trained in wire and print journalism and electronic media – and socio-political and cultural activist. Over the years, he has been maintaining a fine balance between activism and professionalism. Besides, he is a poet, playwright, documentary film-maker and scriptwriter. His firm view is that the place he encounters creativity most often is in his own mind. His commitment towards environmental and human rights in particular prompted him to be a part of HRLN since 2006.

Subramaniam Hariharan IyerDirector, Housing Rights InitiativeSH Iyer has been associated with HRLN since 1993. He worked with the Times of India, Ahmedabad from 1984 to 1996. He started practice as an Advocate at Gujarat High Court in 1997 and has also been associated with Gujarat Federation of Trade Unions and Jan Sangharsh Manch since 1987, as one of the founding members.


HRLN offers quick-response, low-cost and pro-bono le-gal aid to those who would otherwise not have access to the Indian justice system due to socio-economic bar-riers. Over the past decade, HRLN has made a critical transition from focusing on individual litigation in the lower courts to filing public interest petitions in both high courts and the Supreme Court. We, at HRLN, found that interventions at the level of the Supreme Court are capable of making unprecedented changes in retrogressive State policies – thereby bringing re-lief to millions.

While we have embraced this new legal strategy as an effective way in which we can meet our mission, in no way does our interest in higher court litigation mean that HRLN has reduced its emphasis on individual cases. We

In order to function as a unified network, each office and Initiative engages in a common set of activities. Collectively, these activities and the way in which they are managed, may be regarded as HRLN’s strategy to attain its goal of social justice. The best way to become familiar with HRLN’s nation-wide strategy is to learn more about each particular activity in detail: Legal aid and public interest litigation (PIL) Legal education, judicial colloquia and training Advocacy and campaigning Crisis response, investigation and monitoring Access to justice & Indian/Independent People’s

Tribunals (IPTs) Solidarity and movement-building Publications and communications Legal aid and public interest litigation

hrLn defends human rights by opposing violations, strengthening

enforcement mechanisms, sensitising the public, and campaigning for

constitutional and legal reforms

Activities


firmly believe that it is necessary for lawyers, paralegals and social activists to be simultaneously engaged in individual case work in order to support people in their own independent struggles. In fact, universal principles are often derived from what may appear on the surface as ‘routine’ individual cases. This is how young lawyers are trained and how more senior advocates retain their compassion and connectedness to ground realities faced by millions in need of support.

A combination of trial court work and class action peti-tions in superior courts has resulted in an encyclopedic and historical understanding of India’s foremost human rights issues. It is that depth of knowledge that provides us with a unique grasp of struggles and how we can use the law as a means to overcome them.

In terms of our litigation policies, broadly speaking, HRLN’s principle is to never turn away an indigent person, however we do retain basic guidelines for litigation. Cases of employers against employees, men against women and, landlords against tenants are generally not accepted. Further, we do not take up cases of the State against the accused except in matters of rape and child sexual abuse.

At HRLN, we strongly believe that everyone has a right to access the legal system as well as an innate ability to understand the law. As such, we dedicate a significant portion of our work to demystifying legal terms and procedures so that everyone – especially those neglected by the justice system – can move from being non-participants to active leads in securing their own freedom. In order to meet our educational objectives, HRLN has formed the Centre for Constitutional Rights, India (CCRI) which promotes an understanding of laws and

the working of the legal system, equips individuals and organisations to access the justice system and establishes a safe environment for discussion, debate and development of strategies to prevent violations and bring relief to individual victims and communities. Lectures, workshops and short courses are organised for personnel of various government departments, including the police. Our aim is to sensitise these powerful and influential factions to the particular problems faced by marginalised members of society such as Dalits, the disabled, children, women and victims of sexual harassment. A core component of the CCRI is creating target – specific educational and training materials in a variety of Indian languages in order to create a more inclusionary judicial culture within India. HRLN lawyers, activists and our international network of advisers, (including Supreme Court judges and other eminent figures to which the public generally does not have access), conduct seminars on a range of issues for students, paralegals, social activists, lawyers and people within the struggles and movements themselves. In addition to conducting educational seminars at the CCRI as well as within each HRLN unit, we also foster the formation of community-based legal teams and law collectives.

HRLN regards the judiciary as exceptionally well-positioned to do enormous good for the people of India. As such, we hold judicial colloquia on a regular basis to update the judges on the latest developments in human rights law, expose them to issues which are faced by people who haven’t access to the legal system and encourage open discussion. The inclusion of international perspectives on topics of greatest relevance to India today have been especially appreciated by programme participants.


In courts, the media, and various public and legislative fora, HRLN is a strong advocate for laws and policies that promote and defend human rights. An important part of HRLN’s work involves advocacy against legislation and policies that undermine human rights. This includes working to increase public awareness through research and dissemination of accurate information on violations and anti-poor policies. Engaging with Members of Parliament (MPs) and encouraging them to take informed decisions on legislation has been a means through which we have had a particular influence on policy-making. In crucial areas where legislation is lacking or requires amendment, HRLN has pioneered efforts to formulate laws and policies. Highlights include our work against child sexual abuse, communal crimes, domestic violence, the right to food and right to work. Our advocacy has provoked countrywide debates which have sensitised influential community members, law enforcement personnel, government and the general public to issues from the peoples’ perspective.

There is a direct link between HRLN’s public interest petitions and its campaigns. The latter creates awareness about the issues, facilitates the dissemination of orders passed by the courts, and makes the change-process participatory. This approach sends a message to the judiciary that society is concerned about the outcome of the cases. Therefore, it must be more responsive to its needs. Campaigns form a consultative process through which civil society monitors the progress of a case and the performance of lawyers – providing crucial information and support. The dynamic interplay between campaigns

and litigation promotes transparency and accountability both in and outside the court. HRLN members are routinely called upon to conduct and participate in fact-finding missions. In many cases, the filing of petitions in courts has been a follow-up to the monitoring and documentation of violations. Our crisis response takes many forms: denial of humanitarian assistance in cases such as natural disasters; atrocities brought about on Dalits; communal conflicts; the impact of dams, mining and SEZs on local communities; starvation deaths and farmer suicides. Other times, our work is directed towards a larger effort to promote human rights, peace and democracy across South Asia.

Working in solidarity across units, partner organisations, sectors, states and countries is core to the success of our work. As rights are indivisible, they are deeply linked. Child rights cannot be secured without ensuring the right to food, education, shelter, and health. Similarly, the state of the rights of the people in India is indivisibly linked with those in neighbouring nations. HRLN adopts an internationalist approach. As such, it reminds those in power about international instruments which lay basic guidelines for the development of India’s own rights regime. Similarly, it is important to convince different struggle movements of shared causes as a means for channelling energy collectively towards a common goal. Exchanging information through seminars, conferences and community meetings enriches the corpus of knowledge across group, struggle movement, state and country borders – thereby opening up possibilities of further legal aid and collective action.


After globalisation had had its run for over a decade there was a realisation that never before in the history of India had so many people been deprived of their fundamental rights. Never before had the State been so brutal against its own people and never had starvation, illiteracy, ill health, homelessness and unemployment stalked this land so hauntingly. With the process of globalisation unfolding increasingly, various grassroots groups found that the people they work with have grown immeasurably poorer as State funds had been diverted away from the

poor in crucial areas such as health, education, food and other social welfare schemes.

It was against this backdrop that an eight-day long "national conference on human rights, social movements, globalisation and the law" was organised at Panchgani, in December 2000 which brought together over 1500 human rights activists, lawyers and judges, media persons, artists, singers, actors, people from diverse circumstances, from different parts of India and abroad.

panchgani: A turning point!

with the process of globalisation

unfolding increasingly, various

grassroots groups found that the

people they work with have grown

immeasurably poorer as State funds

were diverted away from them. it was

against this backdrop that a national

conference on human rights, social

movements, globalisation and the law

was organised at Panchgani Justice Mohd Jakeria Yakoob of the Constitutional Court of South Africa has been an inspiration for HRLN since the Panchgani experience


Sitting and retired judges from Indian courts and two judges of the Constitutional Court of South Africa also attended the eight-day-long conference. It was during this meeting that the idea of publishing a magazine on human rights and law was born. Combat Law, the bimonthly on human rights and law was started soon after. It is a collaborative effort of all those working towards the consolidation and extension of human rights through the justice system.

Activists from the north-east, Kashmir, Punjab, and remote tribal areas came together during this conference, which was perhaps the first major such event facilitating nationwide interaction on these issues since liberalisation was introduced in 1991. Organised by Human Rights Law Network (HRLN), India Centre for Human Rights and Law (ICHRL), Centre for Social Justice, Drishti Media Collective and several other organisations around the country, the objective of the conference was to enable grassroots activists and professionals in related fields to share experiences on the Indian judicial system, to evaluate the role law has played in protecting human rights of poor people and how it has been misused, to build organisational links, exchange information and co-operate in campaigns and investigations into human rights violations.

The proceedings of the conference corroborated what was generally suspected by all those following events in

India with any degree of analytical rigour, namely that the decision-making process in the country had been effectively taken out of the hands of local as well as the state and central governments and transferred to bodies such as the WTO, IMF and World Bank. The implications of this for national groups using national laws and national mechanisms for redressing local and national problems are obvious. The stranglehold exercised by external organisations outside the purview of national control made it correspondingly more difficult to address problems within an institutional framework that lacked the will and the intention to provide redress.

Parallel to all sessions ran a human rights film and cultural festival in which 62 films were screened and performers from around the country performed on various human rights themes.

On January 2, 2001, the conference concluded with a collective commitment of participants to use the law to defend and strengthen the people's movements, their national campaigns, to push for policies and laws that people want and to oppose that assault basic democratic values, to assist the sections of the judiciary still open to enforcement and expansion of basic rights, to build solidarity with struggles and to combine forces committed towards a radical new society, without weapons or want and at peace.


initiatives


CRIMINAL JUSTICEcriminAL Justice

CRI

MIN

AL J

UStI

Ce

The term ‘criminal justice’ spans the reach of several different activities ranging from

law enforcement via the police, adjudication via courts and corrections via jails and

prisons. when providing an overview of criminal justice, it is important to examine each

of these three agencies. Two central philosophies anchor the commonly-accepted

notion of criminal justice. The first is the transition from proper ideas of fairness and

natural justice to a zealous requirement for increased conviction rates. The second

is the perception that those people in prison deserve severe punishment rather than

rehabilitation. Both of these influences have especially grave consequences for the

poor and marginalised.


The use of extra-judicial means pervades every facet of the criminal

justice system in every indian state, remaining an enduring legacy

and everyday reality for millions of citizens. instead of introducing

reforms in the prevailing justice system and ensuring basic

protection of the rights of the poor and the minority groups the

government, aided by popular media and public opinion is calling

for more stringent and oppressive laws

The Criminal justice system in India is going through a huge upheaval. Never before in the history of this nation have the people of India suffered such brutality at the hands of its own security forces. Torture, execution and disappearances caused by the security forces are widespread and rampant. Connected with this decline in civil libertarian values are the issues of police reform and prison reform. Though ‘bail not jail’ is one of the principal tenets of prison jurisprudence, the contrary prevails in fact. About three quarters of the prison population are undertrials who suffer many years of incarceration before their trials begin. Overcrowding, sub-human prison conditions, mixing of hardened criminals with first timers, juveniles in jail, corruption in the system, women and children in jail, miserable visitation rights and non remunerative prison labour are only some of the problems. Legal-aid is not reaching the poor. Further, majority of the

complaints of custodial torture and violence and state sponsored killings are dismissed in limine by the National Human Rights Commission.

The government instead of calling for reforms is calling for the enactment of stronger and repressive security legislation to combat ‘‘terrorism”. Adding fuel to the fire are recommendations of the kind made by the Malimath Committee (2003) seeking to incorporate extraordinary security legislation provisions in normal criminal law, and the recent amendments made in the Unlawful Activities Prevention (Amendment) Bill 2008. The popular media is buying into the middle and upper class view that state security must prevail over “subversive elements”. The Supreme Court in its recent judgments is equally contributing to the dilution of the basic principles of criminal jurisprudence.

overview oF criminAL Justice & its cHALLenges in indiA


Police and army actions: Reports in the press regarding the abuse of power by the police are almost daily occurrences. Even the Supreme Court has stated that ‘day in and day out [it] comes across with the news of blood curdling incidents of police brutality and atrocities. In summary, torture and killing are widespread throughout India. Disappearances in Jammu & Kashmir and Punjab are documented in the thousands. Police torture is considered ’rampant’ in Andhra Pradesh and has been so for four decades. Further, the Assam Rifles, an Indian paramilitary force under the control of the Indian ministry of home affairs (MHA), has established an infamous reputation for horrific crimes, especially on the poorest communities.

Legislative and executive and Judicial expansion of Police Powers: Judicially, the Supreme Court has admitted torture evidence and refused to address key complaints of torture and inhuman and degrading treatment by the police. In terms of legislation, the Model Police Act created new heights of autonomy and new lows of accountability for the police. It labels torture as ‘grave misconduct’, limits sentences to a

year of imprisonment and requires State sanction for prosecution. The repealed Prevention of Terrorism Act and the Terrorism and Disruptive Activities Act (POTA and TADA) continue to influence the interpretation of the Unlawful Activities Prevention Act, the Maharashtra Control of Organised Crime Act (UAPA and MCOCA) and the Armed Forces Special Powers Act (AFSPA) which are also being used to subvert principles of natural justice; allowing torture evidence and special arrests and detentions without proper safeguards. Finally, the National Human Rights Commission and the state commissions set up to address this problem fail to conclude 80% of their cases. The NHRC, needs to be spelled out despite having considerable powers in theory, is considered merely a recommending body and has a priority to maintain India’s international image. It is funded as the central government ‘sees fit’, is not objectively impartial, makes opaque reports, and does not follow-up up its recommendations.

Adjudication via courts, is the second domain which may be understood by analysing undertrials, trial and evidence and legal aid.

even the Supreme court has stated that day in and day out [it] comes across with the news of blood curdling incidents of police brutality and atrocities


undertrials: Despite a Supreme Court dictum of ‘bail not jail’, 70% of India’s 375,702 prison inmates are undertrial. They remain so for months and often years, frequently spending more time under trial than the maximum sentence for their crimes. Even if bail is granted, often the surety is impossible to obtain for the poor.

Trial and evidence: Long-held principles of Indian criminal justice have eroded over the last 15 years which has led to a situation in India where the essence of criminal justice jurisprudence, ‘innocent until proven guilty’, has been diluted. The government’s position is that it would rather blur the rules of its own governance rather than invest in police service investigations to improve them. Further, it would rather imprison innocent people than undermine the State’s policy. This is declared on the mere assertion, without any proof whatsoever, that the guilty are escaping justice. These methods have significant consequences for those who cannot afford legal representation.

Legal aid: The Supreme Court has been positive in stating the requirement for legal aid, but the implementation by the executive body has been poor. Many people are still not informed of their ability to get legal aid; and, in many of the undertrial cases where bail has been granted, the distribution of legal aid has been so poor as to fail to allow for bail. A major issue here is funding, not only in terms of supplying money to those who need legal aid, but also because the lawyers who undertake the work are not sufficiently remunerated. This is a vital issue when one considers that the vast majority of those languishing in prison are extremely

poor and incapable of mounting an effective defence on their own.

The third area for discussion within criminal justice is corrections via jails and prisons which may be understood by reviewing prison conditions and capital punishment.

Prison Conditions: The prison system is overpopulated by 250% and cells of 8x10 feet frequently house 21 people, contrary to the UN specification of approximately 6x12 feet per person. Sanitary conditions, especially for women are often vile and humiliating. HIV and other infections are rife. Medical treatment is inadequate especially in relation to prison pregnancies; further, the provision for children born into prison who remain with their mothers is totally inadequate. Corruption is common, allowing wealthier prisoners to avoid menial tasks. Visiting rights are often limited. Food and clothing are inadequate. Finally, as the focus of imprisonment is retribution rather than rehabilitation, education and training is poor.

The Death Penalty Project: The Indian government remains committed to the use of the death penalty. In December 2007, India was among the minority of countries which voted at the United Nations General Assembly against a moratorium on executions. India retains the death penalty as punishment for a number of crimes – including murder, kidnapping and terrorism. Further, India’s use of the death penalty is used in an arbitrary manner – often disproportionately against the poorest sections of society. While nations have moved consistently towards its abolition, the death penalty has been increasingly invoked in India in the last decade.


HRLN started the Death Penalty Project after the decision of the Supreme Court in Dhananjoy Chatterjee case. Here the accused was sentenced to death by the Trial Court. This was confirmed by the High Court in the death sentence Reference and the Appeal to the Supreme Court was dismissed. His relatives sought commutation from death to life imprisonment. While the application was pending before the President of India, the State of West Bengal scheduled the date for his hanging. HRLN advocates therefore moved the Supreme Court and the hanging date was postponed. Thereafter the President rejected the plea for commutation. The submission made before the Supreme Court to the effect that the accused had been in jail for a very long period of time and that it would be unjust to carry out the sentence of death after such a protracted delay, was rejected. Dhananjoy Chatterjee was hanged.

Assis Domnic Warawale vs. The State of Maharashtra is a case currently pending in the Supreme Court impugning the decision of the Bombay High Court confirming the sentence of death on a young offender who had no previous criminal record and could not be said to be a grave danger to society at large. The plea taken is, inter alia, that the

mitigating factors set out in the Constitutional Bench Division in Bachchan Singh’s case were not considered by the sentencing Court at all.

A series of death sentence cases were done in respect of the tribals alleged to be members of Veerappan’s gang. It was alleged that they blasted land mines killing many policemen. They were sentenced to death by the Supreme Court.

Om Prakash was sentenced to death for allegedly having murdered members of a family at home. The death sentence was confirmed by the High Court. The Supreme Court dismissed his Appeal. HRLN lawyers were contacted and they filed a Review Petition pointing out that there was evidence on record to show that the accused was a juvenile on the date of the offence and hence the sentence of death could not have been imposed on account of the Constitutional prohibition. The Review Court held in favour of the accused and directed the filing of a curative petition. This petition however was dismissed. An Appeal for commutation/ clemency was made before the President and is pending. This Appeal can be seen on the website.

The Criminal Justice Initiative (CJI) was set up in order to provide a pro-bono and low-cost legal aid service to undertrial and convicted prisoners who are unable to pay for legal representation. The CJI’s primary focus on giving quality legal representation

to poor unrepresented prisoners leads it to encounter significant challenges. CJI work is carried out in each of HRLN’s offices across the country; its main centres are in Mumbai, Delhi and Kolkata.

initiAtive overview


LEGAL AID & PUBLIC INTEREST LITIGATION routine litigation – taking individual cases to both trial and

appellate courts. Litigation includes securing bail, reducing the number of

sureties and amount of surety, opposing bail of the accused in cases of violence against women and children, obtaining discharge, applying for medical treatment, exposing torture, expediting and conducting trials and representing convicted prisoners in their appeals. Specific attention is provided to cases of the destitute, women, children, refugees and mi-nority groups.

represents the families of torture, executions and disap-pearance victims; has been successfully involved in major litigation before the national human rights commission and is currently involved in the prosecution of police per-sonnel before the Supreme court.

Litigates cases of brutality and incarceration under oppres-sive acts, including representation of a group of people still detained under the terms of the repealed Prevention of Ter-rorism act.

works towards the abolition of the death penalty by repre-senting prisoners on death row, through litigation.

Uses PiL as a tool to reform oppressive practices and repeal oppressive legislation.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING conducts workshops, training sessions, and campaigns in

collaboration with ngos, lawyers, journalists, academics, grassroots workers and relevant stakeholders.

national and regional-level training sessions explain the philosophy and technicalities of human rights law and en-courage its practice throughout india.

ADVOCACY & CAMPAIGNING advocates and campaigns for a sensitive and proactive

approach to bringing justice to marginalised and minority communities.

organises meetings to raise awareness of and rally for ab-olition of the death penalty, prison reform and other issues.

Launches campaigns for the repeal of oppressive legisla-tions, such as PoTa.

works towards police reform by refining the recruitment system, introducing civilian control, community policing and a system of punishment in cases of police misconduct.

PROGRAMME AGAINST CUSTODIAL TORTURE AND IMPUNITY (PACTI) hrLn in collaboration with masum, and organistion based

in west bengal, have established an anti-torture network in the country. The aim of the network is to provide immediate legal aid, counseling and medical aid to the victims of tor-ture and to the family of those killed in custody or caused to be disappeared by the police and the security forces.

as soon as information reaches PacTi volunteers, an activ-ist immediately tries to reach the victim or the family. on reaching the police lock-up, jail, mortuary, hospital, or coro-ner's court the activist immediately tries to provide a lawyer and an activist doctor to monitor the post-mortem and to represent the victim or her family in the legal proceedings. Documentation of the violence inflicted by the state is docu-mented in a standard format. Bail applications are made in appropriate cases. criminal proceedings are instituted against the police.

once the victim is released from custody, attempts are made to admit her to a local rehabilitation centre for the victims of torture run by local health or womens groups.

PacTi currently operates in about 8 states of india and hopes to cover the entire country by 2011.

CRISIS RESPONSE, INVESTIGATION & MONITORING Visits and conducts its own inquiries into atrocities commit-

ted by the armed forces under the armed forces Special Powers act (afSPa).

organises fact-finding missions.

conducts iPTs in collaboration with civil society groups across the country in order to provide a platform for victims, create awareness of cJi issues and document the testimo-nies of victims for publications, PiLs and campaigns.

organises iPTs on torture, executions and disappearances, empowering hundreds of victims and witnesses to testify as to the brutality they have suffered at the hands of State agents.

co-organised an iPT for the victims of the Prevention of Ter-rorism act (PoTa) and other oppressive legislation. a com-prehensive report documented the findings and was used to further the repeal campaign.

Activities


mission

Provide access to justice through radical reform of the legal aid system, ensuring a prompt trial in accordance with the principles of natural justice, fundamental rights and rule of law.

Repeal oppressive national security legislation such as the Armed Forces Special Powers Act, Unlawful Activities Prevention Act, Maharashtra Control of Organised Crime Act and other draconian laws such as the Bombay Prevention of Begging Act.

Provide effective legal representation of victims of these Acts, the Prevention of Terrorism Act and the Terrorist and Disruptive Activities Act.

Rally for police reform and the elimination of torture, executions and disappearances.

Work for prison reform including inter alia implementation of the Mulla Committee recommendations, the DK Basu guidelines as laid down by the Supreme Court of India.

Provide access to justice to especially vulnerable people including children in conflict with law; victims of rape, HIV, sexual abuse and communal violence.

Abolish the death penalty.

criminAL Justice: cAses*

ramchanDra niVrUTTi mULaK VS The STaTe

of maharaShTra

a Division Bench of the high court held that a right to a fair

trial includes the right for legal assistance. This is part of the

right to life enshrined under article 21 of the constitution of

india. in the present case, the appellant was not represented

before the sessions court in his original trial. accordingly, a

new trial was ordered and the judges felt it would be appro-

priate for the state government to reconsider rules for grant

of legal aid and fix proper remuneration for advocates under

the legal aid scheme.

cenTre for enQUirY inTo heaLTh anD aLLieD ThemeS

(cehaT) VS The STaTe of maharaShTra & orS

a petition was filed by the cehaT, for directions to a quali-

fied authority or nutritional experts to review the existing diet

scales for prisoners in the state of maharashtra and to rec-

ommend new or modified diet scales based on the physical

needs of prisoners.

raJenDra S BiDKar anD oTherS VS The STaTe of maha-

raShTra & orS

The petitioners regarding their individual grievances filed writ

petitions. The court enlarged the scope of these writ petitions

as it came to its notice that a large number of prisoners were

being kept in prisons without being produced in courts on the

dates fixed for their trial or in connection with remand.

JaYaLaKShmi VS STaTe of TamiL naDU & orS

a sum of rupees five lakhs was granted in compensation to the

family of an 18-year old transgender individual who immolated

himself after being subjected to horrific police abuse. The said

* visit www.hrln.org for more cases


geeTa rawaT VS Uoi & orS

a writ petition has been filed to secure justice for a woman who

was molested by a plain-clothes officer of the central reserve

Police force and also for her family who were severely beaten

by law enforcement officers when they tried to intervene.

aneeS QUereShi VS PoLice commiSSioner

a writ of mandamus was issued by the high court to re-perform

an autopsy of the petitioner’s brother, who died in police cus-

tody, as per the guidelines laid down by the nhrc in respect

to custodial deaths.

ShaKeeL ahmeD VS Union of inDia & orS

This writ petition highlights the lack of punishment of abu-

sive officers in the 1992 Bombay riots [communal/religious

violence, between hindus and muslims]. The petition seeks

implementation of the report. The Srikrishna commission,

which was set up to investigate into the Bombay riots, gave

its final report in 1998. To date the recommendations of the

commission have neither been accepted nor acted upon by

the government of maharashtra. The commission had indicted

28 police officials for grave communal offences and recom-

mended action against them. instead of sacking them, these

officers were promoted. This petition seeks the implementation

of the commission’s recommendations.

DighamBar DUTT & orS VS STaTe of maniPUr & orS

when manorama Devi died in custody of the assam rifles, in

manipur, the government of manipur appointed a commission to

investigate into the said death. The assam rifles contended that

the state of manipur did not have the jurisdiction to investigate

and demanded that the commission’s report be ignored. The

high court determined that even though the state did not have

jurisdiction, the report should be turned over to the union home

individual was taken in by the police who were in search for

his brother on suspicion of a theft. The family was informed

that he would be released once he gave them his brother’s

whereabouts. however, once he told them about the where-

abouts of his brother, the two brothers were produced before

a magistrate and held in judicial custody. he was released on

bail on the condition that he was to report to the police inspec-

tor every day.

SaheB SoPan KaLe VS The STaTe of maharaShTra

The accused was improperly tried as an adult and convicted,

and sentenced to life in prison for a murder committed on may

15, 1997. he was tried before the sessions court and treated

like an ordinary adult, despite the fact that he was born on

march 5, 1981 and was only 16 years old at the time of the al-

leged offence. This is contrary to the provisions of the Juvenile

Justice act, which holds that any juvenile in conflict with law

must be brought before the Juvenile Justice Board. conse-

quently he was freed.

BaLiram maDhUKar DaVLi VS STaTe of maharaSTra

This case relates to one Baliram madhukar Dalvi who was ar-

rested on february 13, 1997 under suspicion of committing a

murder. he could not afford representation, and no lawyer was

provided for him. he was subsequently convicted. This was

held to be contrary to the rules of law and natural justice and

he obtained freedom.

ThangJam onBi iBemPiShaK DeVi VS Union of inDia & orS

Through a writ petition, compensation was granted to a

mother whose son was arrested without any reason or the

production of an arrest warrant and thereafter murdered by

the assam rifles.


ministry for further action, thus ensuring that justice for the victim

would not be denied on account of jurisdictional squabbles.

JagTaP VS STaTe of gUJaraT & orS

This case pertains to a woman who was kept illegally confined

due to misapplication of the applicable law by a magistrate

and by the high court of gujarat. The magistrate acted beyond

his legal scope of powers by imprisoning a person for an of-

fence for which a custodial sentence should never be given.

following the SLP, the Supreme court referred the matter back

to high court and directed it to decide the matter according to

the law within three months.

mohmaDhUSen aBDULrahim KaLoTa ShaiKh VS Union of

inDia & orS

hrLn filed an appeal in the Supreme court against the state of

gujarat for trying the alleged accused persons in the godhra

train incident, under the Prevention of Terrorism act of 2000

(PoTa) instead of the crPc despite the PoTa review commit-

tee findings that they should not be tried under PoTa. The said

incident relates to the february 2002, when a riot broke out at

godhra railway station and in the process a fire broke out on

the Sabarmati express train killing nearly 60 people, most of

them hindus. members of the alleged rioting mob were subse-

quently charged under the PoTa.

a 2002 report by the forensic Science Laboratory established

that the fire in the Sabarmati coach was not started from the

outside, which exonerates the mob from complicity in burning

the coach. any persons arrested on suspicion of terrorism,

must be subject to the PoTa review committee. The committee

found that the mob had not engaged in premeditated terrorist

activities. The Supreme court held in favour of the petitioners

and findings of the review committee.

PUnJaB DiSaPPearanceS / maSS cremaTionS caSe

[ParamJiT KaUr VS Union of inDia]

This case pertains to thousands of individuals, some of whom

remain unidentified till date, belonging to the state of Punjab

who were killed and cremated illegally by Punjab Police in the

police districts of majitha, Tarn Taran and amritsar. The massa-

cres in Punjab were first highlighted when Jaswant Singh Khalra

and Jaspal Singh Dhillon, members of the human rights wing

of the Shiromani akali Dal, made public their findings on mass

cremations. hrLn represents all the claimants (families of the

victims) in both the nhrc and the Supreme court and has se-

cured compensation for a vast majority of the victims’ families.

KaViTa KaUShiK VS STaTe of maharaShTra & orS

The petitioner filed a petition to improve the visiting conditions

of the prisoners and their families. after working closely with

prisoners for many years, she noticed rampant violations of

prisoners’ visiting rights in maharashtra prisons. This is despite

the fact that law and international instruments protect the rights

of prisoners.

BaLBir Singh & orS VS STaTe of PUnJaB ThroUgh cBi

This case challenges the use of the Punjab Disturbed areas

act to falsely stage raids on ‘terrorists’ and kill innocent people.

The charge is that police officers in Punjab relied on fake raids

to kill innocent people under the garb of the prevention of ter-

rorism. The SLP was filed by the officers of Punjab police who

were charged with the killing innocent people in a fake raid

under the PDa act, 1983. The officers were being prosecuted

in the lower court when they filed an application before the high

court challenging the validity of the proceedings against them.

The high court dismissed the application and so the petitioners

moved the Sc where hrLn is contesting the SLP on behalf of

the respondents.


STaTe VS moinUDin riZVi & gULam DaSTagir

The official Secrets act is so draconian that it affords the ac-

cused no grounds for defence. even when the case against

the accused relies only on police evidence, without any in-

dependent witnesses, the presumption is always guilt. in this

case, the hrLn has successfully defended the son by having

the case dismissed for lack of evidence and is now represent-

ing the father arrested under the oSa.

JoSePh roDrigUeS VS STaTe of KarnaTaKa

acid attacks are a particularly deplorable form of violence

against women following incidents where the female victim has

asserted her independence and refused sexual or other ad-

vances or demands. Such attacks are increasingly occurring

in india. in one such case, her employer attacked the victim as

she had refused to work for him and is now permanently disfig-

ured and blind. The accused was sentenced to five years and

three months imprisonment and a fine of rupees three lakhs.

hrLn, however, successfully argued an appeal that this attack

has to be construed as attempted murder and the accused

was so convicted for life and required to pay an additional fine

of rupees three lakhs.

ichrL VS STaTe of maharaShTra & orS

concerned about the rise in custodial violence in maharashtra,

members of the ichrL -- india centre for human rights and

Law (a unit of hrLn) documented 10 cases over a period of

two months. The team then wrote a letter to the chief Justice

of Bombay high court drawing much needed attention to the

plight of hundreds of persons incarcerated in police lockups,

jails and other custodial institutions. The court then asked for

a magisterial enquiry report to be submitted in respect of such

custodial deaths listed in the petition. The ichrL lawyers have

also submitted guidelines to be followed to prevent such hap-

penings in future and the procedure to be followed in the event

of such occurrences.

Simon VS STaTe of KarnaTaKa

in this case, the hrLn lawyers appeared for persons accused

under the Terrorist and Disruptive activities (Prevention) act,

1987. The accused were sentenced to undergo life imprison-

ment. The appeal focused on the confession allegedly made

by the accused almost immediately after arrest. The Supreme

court frowned upon the practice of the police to give the ac-

cused only five minutes to consider whether he wanted to make

a confession and condemned the whole procedure as “strange

and wholly unwarranted”. The accused were acquitted.

ShaBnam miniwaaLLa VS STaTe of maharaShTra & orS

in this case (1994), the Bombay high court directed enquiry

to be made in respect of the allegation that there were a large

number of undertrials in the maharashtra jails who were incar-

cerated for periods longer than the maximum possible sen-

tence and also the allegation that undertrials were languishing

in jails in bailable offences. The court directed all the magis-

trates in the state to strictly implement rule-4 of the “legal aid

to unrepresented accused persons in cases before the court

of Sessions rules, 1982” and “legal aid to unrepresented ac-

cused persons in criminal cases other than those before the

court of Sessions rules, 1982.” These rules require the pre-

siding officer of the court to provide legal aid to every accused

person whose income does not exceed rupees 20 thousand

a year from the time he is produced before the court for the

first time. when the senior sessions courts judges reported to

the high court that the allegations were correct, the high court

directed the release of undertrials on personal bond. when it

was pointed out to the court that advocates were reluctant to

represent accused persons because the payment made were

nominal, the court directed the state government to act on

the “report of the legal aid advocates fee revision committee”

under the chairmanship of Justice Bn naik. as a result of this

case, hundreds of undertrials throughout maharashtra were

released from prison.


criminAL Justice: puBLicAtionsBooks

can SocieTY eScaPe The nooSe: The DeaTh PenaLTY in inDia, english, 2005editors: naidoo, Vinay & walia, arunjeev Singh118 countries have efectively abolished the death penalty. india is one of the very few democratic countries that retains the death

penalty. This issue brings together various opinions, judge-ments and analyses of the death penalty in india.

ciTiZenS gUiDe To criminaL Law english, 2008 editor: Sakhrani, monica The book works as a guide to lay persons who need some basic information on the subject of the working of the criminal justice system.

criminaL Law: Law for acTiViSTS SerieS. VoL ienglish & hindi, 2008authors: gonsalvez, rebecca & menezes, ryanThe issues covered in the book are aimed at simplifying the law not only for victims and the accused but also for human rights activists.

PriSonerS’ righTS, VoLUme-i (ThirD eDiTion) english, 2008editors: gonsalves, colin; hiremath, Vijay & gonsalvez, rebeccaThis book is a compilation and analysis of landmark judgements and is brought out at a

time when criminal law jurisprudence is being seriously under-mined by the superior courts.

Terror of PoTa anD oTher SecUriTY LegiSLaTionenglish, 2004editor: Verma, Preetia report on the People’s Tribunal on the Pre-vention of Terrorism act and other Security Legislation, new Delhi, march 2004. This report contains the depositions of survivors of

the application of an all too generous definition of ‘terrorism’.

naTionaL conSULTaTion on criminaL

JUSTice reformS

english, 2007

an important report covering proceeding of

national consultations held on criminal justice

reforms in the country.

PosTeRs

Know YoUr righTS!

Language: english and marathi

This poster is very useful for those defend-

ing themselves in the courts or facing trials.

reSTore righT To Life: rePeaL afSPa

This poster strongly advocates repeal of the

armed forces (Special Powers) act that has

severely impacted lives of common people

in the north-eastern states of india.

FiLmsmaniPUr in The ShaDow of afSPa

The documentary is a critique on State violence

in the north-eastern state of manipur.

The Terror of PoTa: anD oTher SecU-

riTY LegiSLaTionS (DVD format)

english, 2005


an estimated 70 million disabled indians are treated as second–class citizens

confronting segregation, discrimination, barriers and stereotypes. while the last

decade has brought rights-based advances for the disabled community, the

entire spectrum of disability issues ranging from its causes, care, rehabilitation,

empowerment and mainstreaming have yet to be adequately addressed. hrLn

is at the forefront of the movement, working in solidarity with the disabled

communities and their supporters to realise these rights through education and

awareness campaigns, legislation for the disabled, pro-bono legal aid and the

publication of supportive materials in braille and other accessible formats.

disability rights

Dis

abil

ity

Rig

hts


Despite the enactment of the UN Declaration on Human Rights in 1948 and the establishments of laws protecting the rights of the disabled, India’s disabled community continues to be marginalised and has its most basic rights violated.

While there has been discussion to move from a medical to a social and now a rights-based approach, the shift in government and civil society’s activities is still awaited. The Disability Rights Initiative (DRI) works relentlessly towards realising this much needed shift. Only then, will there be long–term, measurable and sustainable improvements in the lives of India’s 70 million disabled individuals.

our vision is recognition

of disability as diversity

where human rights

are acknowledged and

respected and where

there is total inclusion in all

spheres of life

Rajive RaturiDirector, Disability Rights Initiative

disABiLity rigHts in conteXt


Exposure to the disabled persons nationwide has resulted in a comprehensive understanding of the community’s foremost challenges and what is needed to overcome these obstacles

National seminar on voting rights of persons with disablility held in Mumbai in 2008

Set up in 2002, with much of the momentum gaining ground from 2005, the Initiative is recognised as the only one of its kind to provide such a wide range of socio–legal support services to India’s differently–abled community.

Working in concert with all HRLN Units, the DRI team has built country-wide alliances with national organisations like the Rajiv Gandhi Foundation, Leprosy Mission, National Federation of the Blind, National Association of the Deaf and others. This outreach has resulted in a database which captures an encyclopedic overview of the different Indian organisations dedicated to the unique mission of each particular group within India’s disabled community.

These include but are not limited to the disabilities identified under the Person With Disabilities Act

(blindness, low vision, hearing impaired, locomotor, mental illness, mental retardation, leprosy–cured) as well as those listed under the National Trust Act (autism, mental retardation, multiple disabilities and cerebral palsy). Additionally, we work in solidarity with those affected by un–recognised disorders such as speech impairment, multiple dystrophy, dwarfism and spinal issues categorised under orthopedic disabilities.

Exposure to the disabled persons nation-wide has resulted in a comprehensive understanding of the community’s foremost challenges and what is needed to overcome these obstacles. Our team has leveraged this knowledge to become an awareness–building and legal aid resource centre for persons with disabilities. As such, we engage in a range of activities which are as follows in the next page.

initiAtive overview


SOLIDARITY Developing alliances and partnerships with organisations

working for the disabled and persons with disabilities. making “know your rights” information available in acces-

sible communication formats like Braille for the blind, audio–books for the blind, video with sign language, and interpre-tation for the hearing impaired.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING imparting knowledge of disability rights under domestic and

international laws. Providing trainings and legal aid camps on disability stat-

utes to all levels of stakeholders. Sensitising the judiciary to the needs and issues of the disabled. Bringing forward issues of concern to statutory bodies of the

government working on disability issues.

offering counselling services and legal aid across fora like the offices of chief commissioner and state commissioner for dis-abilities, high courts and the Supreme court.

ADVOCACY & CAMPAIGNING Providing access to justice.

Undertaking legal advocacy campaigns.

working towards amending laws impacting the disabled.

engaging with the government in drawing up policies for the disabled.

LEGAL AID & PUBLIC INTEREST LITIGATION

representing the disabled in court cases to secure and defend their basic human rights.

Activities

initiAtive impAct

HRLN’s Disability Rights Initiative (DRI) is recognised as a pioneer in defending, realising and securing the rights of the disabled people across the country. Achievements include initiating the civil society towards creating a disability component in Delhi’s Masterplan, assisting the office of the chief commissioner disabilities in drafting guidelines for carrying disabled passengers for the directorate general of civil aviation (DGCA), defending non–removal of income tax benefits for the disabled and suggesting amendments to the Person with Disabilities Act amongst others.

The DRI’s impact can best be summarised through the results of its public interest litigation. Select accomplishments achieved over the past few years are as follows: Obtained relief in Kerala by ensuring 1.5 percent

reservation for the blind in TTC and BEd courses. The DRI team in Delhi working on a right to Information claim


Through an intervention in the Madras High Court, ensured free access to all disabled in religious places of worship.

In Andhra Pradesh, got the dwarfs recognised as persons with disabilities and consequently ensured they receive associated benefits under the Persons with Disabilities Act.

Ensured identification and backlog recruitment of 200 jobs in the union territory of Chandigarh for the disabled.

Secured land allotment at concessional rates for the cerebral palsied in Delhi.

Gained availability of free drugs for hemophiliacs in Delhi through the Delhi High Court.

Secured access to certification, drinking water and medical facilities for those affected by fluorosis in Uttar Pradesh and Rajasthan.

Made the election process accessible for the disabled in Mumbai and Uttar Pradesh.

Ensured identification of jobs for the disabled within A, B, C and D categories in Arunachal Pradesh.

Ensured the setting up of mental health facilities in Manipur.

Got reservation of posts for the blind in primary schools for blind in Karnataka.

Secured non-eviction of disabled PCO phone booth operators at railway stations in Tamil Nadu, Karnataka and Kerala.

disABLiLty rigHts: cAses*

SUrinDer PaL VS DirecTor of PUBLic inSTrUcTion

hrLn filed a petition in the court of the chief commissioner

for Persons with Disabilities, Punjab (2007) on behalf of Su-

rinder Pal, a physics teacher with locomotor disability. Surinder

was trying to get a job as a lecturer in Punjab, responding to

an advertisement that 20 of the 658 slots would be reserved

for persons with disabilities. The 20 slots were to be divided

equally among males and females. when Surinder’s applica-

tion was being considered 18 seats had been filled (10 females

and 8 males). mr. Pal was third on the merit list for the two slots,

and therefore was rejected. after hearing arguments on the

petition, the chief commissioner for persons with disabilities,

Punjab, issued preliminary orders to get the uncooperative re-

spondents to comply with requests for information, the com-

missioner issued a final order on September 18, 2007 ordering

that Surinder be given his post immediately.

SUKhDeV Singh VS hPVnL, PanchKULa

Sukhdev Singh -- employed as a cane weaver in the Panchkula

hPVnL since 1986 and denied promotion as per the organisa-

tion’s policy -- filed a petition before the Punjab and haryana

high court. in 2005, the court ruled that he must be promoted.

The order was complied with and Singh was promoted to the

post of clerk in the same year. Since the promotion should have

occurred much earlier, Singh asked for compensation for the

period he was denied promotion. To obtain his due compensa-



tion, Singh consulted with hrLn and a petition was brought

before the chief commissioner for disabilities, haryana. after

hearing arguments, the commissioner ordered that Singh be

given back-pay and other withheld benefits from the date on

which he should have been promoted.

gUrBir Singh Kochar VS PUnJaB STaTe

eLecTriciTY BoarD

gurbir Singh Kochar, who is confined to a wheelchair, was

employed as an assistant director in the chandigarh Thermal

Plant. in march 1999, he was due for a promotion and was

accordingly promoted to the post of senior engineer and reas-

signed to the ropar Thermal Plant, which does not have the

requisite facilities for wheelchair accessibility. he petitioned to

remain at chandigarh, which is the only plant in Punjab with

wheelchair accessibility. his request was turned down and he

was forced to continue in his previous position at the chan-

digarh plant. a suit was filed before the chief commissioner

alleging that the respondents’ treatment of Kochar violated the

Disability act and demanded that his seniority be restored. in

an order of february 15, 2007, the chief commissioner agreed

and ordered that Kochar’s seniority be restored to exactly what

it would have been, had he been promoted initially.

aJai KUmar VS chief engineer, DeParTmenT of waTer

SUPPLY anD SaniTaTion, PaTiaLa

ajay Kumar, a person with a locomotor disability, was ap-

pointed as a peon on a temporary basis in the Punjab depart-

ment of water supply and sanitation in 1996 for 89 days, pend-

ing the availability of a permanent spot, of which six out of 196

were reserved for persons with disabilities. he was granted

extensions periodically for the next several years and contin-

ued in the employ of the department. finally, in 2002, an order

for the regularisation of his appointment came down and he

was to finally have job security as a permanent class iV state

employee. Despite this, the executive engineer refused to give

him his due posting. Kumar consulted with hrLn and brought

a suit in the court of the commissioner of Persons with Dis-

abilities (2006). The department claimed that all six reserved

posts for class iV employees were filled. Kumar responded by

showing that a class iV employee holding one of the posts had

been promoted to class iii status. Taking this evidence into ac-

count, the commissioner ordered that Kumar be given his due

appointment immediately.

SamBhaVana VS UniVerSiTY of DeLhi anD orS

in 1994, Delhi University passed a forward thinking resolution

calling for a three percent reservation for the blind and ortho-

pedically handicapped persons in the teaching departments

in the university and the colleges affiliated with it. a year later,

the central government passed the Persons with disabilities

act, which provided for three percent reservations for PwDs.

Despite these two measures, implementation was non-existent

as of 2001. in an order of January 30, 2001, the Delhi high

court took the Delhi University and the affiliated colleges to

task for their ineptitude and demanded that steps be taken im-

mediately to hire more disabled lecturers. Despite this order,

the university and the colleges continued with their blatant non-

compliance, especially with regards to hiring visually impaired

persons. To combat this, a series of public interest petitions

were filed on behalf of a society of disabled employees of Delhi

University. in a series of orders beginning on april 4, 2007, the

high court ordered the university to stay the hiring process for

all the relevant positions until the requisite reservations were

met and directed them to take all steps to make it happen as

soon as possible. as a result of the orders, Delhi University and

the affiliated colleges hired 70 blind lecturers.


KarnaTaKa heLen KeLLer hanDicaPPeD aSSociaTion VS

miniSTrY of raiLwaYS

The city railways in Bangalore had issued a tender for opening

STD and iSD booth at the railway station within the city limits.

Persons with disabilities had run the booths on a contract

basis. They were not happy with the issuance of the tender

because it meant that they should compete in the tender and if

they bid higher than others then they would stand a chance to

retain the STD and iSD booths. The STD and iSD booth are the

only sources of livelihood for these disable people and hence

aggrieved by this tender notice in the newspaper they filed the

case in public interest. The Karnataka high court directed that

the period of the agreement executed by the physically handi-

capped persons presently running the STD / iSD booths would

stand extended until further orders on the same terms and

conditions thereby securing their source of livelihood.

maharaSTra eKTa hawKerS VS mUniciPaL corP anD orS

This was a comprehensive case covering a whole gamut of

issues dealing with the rights and restrictions on street hawk-

ers in Bombay. This was the final case in a series of cases

dating back to 2003 in which the Supreme court directed the

formation of committees to promulgate rules and regulations

regarding licencing and oversight of street hawkers. The com-

mittees have since been formed and created an extensive set

of guidelines to follow. on December 9, 2003, the Supreme

court issued an order endorsing the committees’ propos-

als and instructing any aggrieved parties to file interventions

before the court to address their grievances.

raKeSh KUmar VS DDa anD orS

The Delhi Development authority (DDa) in 2005 initiated a

scheme to grant allotments of shops/stalls to Scs/STs, land

acquired categories, freedom fighters, and persons with dis-

abilities. PwDs were invited along with the other groups to

apply for special consideration in allotments of stalls. Under

this scheme, rakesh Kumar, a visually disabled man, applied

for a shop in february 2006 after knowing about a newspa-

per advertisement. Kumar did not hear about his case for a

long time so he enquired about his case and was informed

that all the allotments to handicapped individuals were already

given. he was not given any further details. further investiga-

tion revealed that all the allotments were made to persons with

physical disabilities at the expense of other disabled persons.

Kumar filed a writ petition before the Delhi high court to direct

the DDa to devise some sort of system by which all categories

of disabled persons are adequately represented. in an order

of march 1, 2007, the high court directed the DDa to provide

for “a method...to ensure that an equitable chance is available

to every sub-category of the disabled...to get an allotment of a

shop/stall.” This order strikes a blow for some of the forgotten

sub-categories of disabled persons. Too often, the courts and

other authorities treat PwDs as all belonging to the same cat-

egory, ignoring the unique needs and abilities of groups such

as the visually impaired. with this ruling, the court reinforces

the notion that individuals must be treated according to their

own unique situations.

Dr KUmar SoUraV VS Union of inDia

Kumar Sourav was afflicted with polio when he was just a

small child and it left him with a 58 percent locomotor dis-

ability. he has had to struggle his whole life with limited mo-

bility in a society that ignores the needs of disabled individu-

als. Despite his struggles, he persevered and received his

mBBS degree and is seeking admission into a post-graduate

medical programme. a writ petition was then filed in the Delhi


high court (2008) asking the court to order the institutions

to comply with the Persons with Disability act, the medical

guidelines, and the directions of the chief commissioner; and

to compel the relevant government authorities to quit drag-

ging their feet and commence immediate enforcement of the

law. The case is pending.

DaLiP KUmar VS aiimS

The Delhi high court gave a landmark ruling (2008) that rein-

forced the powers of the office of chief commissioner for dis-

abilities to act as a powerful guardian for disability rights on a

writ petition seeking to reinforce the enforcement powers of

chief commissioner of disability.

SUmer Singh mann VS mUniciPaL corPoraTion DeLhi

Sumer Singh mann Vs municipal corporation of Delhi is a

case illustrating the blatant disregard that many authorities

show for judicial orders, especially those that protect the

rights of the forgotten members of society. Sumer had filed

a writ petition in the Delhi high court to allow him to keep his

hawker’s licence.

V KriShnan namBooDiri VS UrBan affairS

V Krishnan namboodiri, a 40 percent visually blind municipal

employee, filed a writ petition in the Kerala high court (2007)

to remain in the district of his choice. he was to be transferred

to another district. as it would be inconvenient for him to live

alone in an unknown environment, he intended to approach the

municipality court to cancel his relocation, but he was placed

under suspension without issuing a show-cause notice, and

disciplinary proceedings were initiated against him. The court

held namboodiri was to be given posting at a nearby place,

which would be accessible.

DiSaBLeD righTS groUP VS chief eLecTion commiS-

Sioner & anoTher

This writ petition concerns people with disabilities who find that

they are unable to vote in elections due to problems of access

and the lack of necessary facilities. a letter written by an ngo

“Disabled rights group” to the Supreme court was registered

as a writ petition in the public interest. The Supreme court

(2007) responded positively advising that special provision be

made and indicating ways in which the recommendations be

effectively implemented.

SaTiSh gogia VS DeLhi DeVeLoPmenT aUThoriTY & orS

in this matter hrLn challenged the decision of Delhi develop-

ment authority (DDa) and the Delhi government with regard to

the sealing drive. hrLn asked the Delhi government through

the Supreme court if the sealing decision overrode the Disabil-

ity act. The organisation (hrLn) questioned the demand that

a disabled man, who is only able to work from home, should

be forced to set up his office elsewhere. hrLn filed an SLP in

the Supreme court against DDa and asked the Delhi govern-

ment what a disabled person should do when he was asked

to set up his business in an office that would be inaccessible.

The Supreme court recognised the matter and asked that the

petitioner should be given relief and requested that he be al-

lowed to work from his home. The matter is still pending before

the Supreme court.

JeSTin marShaLL VS STaTe of TamiL naDU & oTherS

The PiL was filed in the madras high court ( 2006) seeking

appropriate procedures for the registration of an fir, investiga-

tion and trial of crimes committed against the disabled espe-

cially the deaf as also to request criminal injuries compensation

board to pay compensation for deaf victims of sexual assault.


hemoPhiLia feDeraTion inDia VS Union of inDia

hemophiliacs rely on an expensive drug treatment to survive

and lead normal lives. when this drug is in short supply then

many hemophiliacs are forced to purchase the drug at a com-

mercial rate, which they can ill afford.

a PiL filed in the Delhi high court (2007) sought a solution to

this situation, to ensure that all hemophiliacs had access to this

life saving drug regardless of their economic position.

T raghaVa VS The goVernmenT of TamiL naDU anD orS

T raghava filed a special leave petition in the Supreme court

(2005) over the failure of the government of Tamil nadu and

others to appoint a disabled person to the post of the state

executive committee.

B meenaKShi & raJiV raJan VS

STaTe of TamiL naDU & anoTher

on behalf of B meenakshi and rajiv rajan, hrLn filed a

PiL in the madras high court (2006) seeking to safeguard

the rights of those with locomotor disability and to ensure

temple access.

Bogga maLLeSh & neTworK of PerSonS

wiTh DiSaBiLiTY VS The commiSSioner,

DiSaBLeD weLfare DeParTmenT & orS

This petition challenges the exclusion of dwarfs from the cat-

egory of persons with disabilities and the consequent denial of

benefits under aP state welfare schemes for persons with dis-

abilities. hrLn filed a writ petition in the andhra Pradesh high

court (2004) on behalf of the aP Dwarf welfare association

(aP marugujjula Sankshema Sangam) and the 10,000 strong

dwarf community.

raJiVe raTUri VS Union of inDia

rajive raturi filed a petition in the Supreme court of india

(2005) over the government’s failure to fulfil requirements re-

garding the safety and accessibility of surface transport for vi-

sually disabled persons. in July 2005 rajive raturi, a disability

rights activist and a visually impaired person, invoked his right

to file a PiL against the State under article 32 of the constitu-

tion of india. This was brought about after the death of a blind

student, ashish Verma who was killed after the cycle-rickshaw

in which he was riding was involved in an accident with a pri-

vate vehicle. The incident highlighted the inadequacy of the

transport system to integrate visually impaired persons.

SUDarShan KUmar VS DePUTY commiSSioner

hoShiarPUr anD orS

Sudarshan Kumar was employed in the office of the deputy

commisioner, hoshiarpur when he was forced to undergo

surgery in 1994 to remove one of his kidneys. in 1996, the

Punjab government issued a directive stating that removal of

one kidney constitutes a 60 percent disability for employment

and other purposes. in 2002, Kumar obtained a 60 percent

disability certificate from the state medical board and promptly

showed it to his employer, asking for a conveyance stipend.

Despite this clear evidence, his employer refused. Kumar con-

sulted with hrLn and filed a petition before the chief commis-

sioner for disabilities, Punjab to receive his due conveyance

allowance. The respondents tried to claim that since the con-

veyance allowance was established in 1982, before the Dis-

ability act, it was not enforceable under the act. in an order of

march 5, 2008, the chief commissioner rejected this argument

and granted Kumar the conveyance allowance in stipulated

amount of rupees 250 per month.


Books

DiSaBiLiTY anD righT To emPLoYmenT: SUrVeY rePorT of The ProBLemS of BLinD hawKerS aT raiLwaY STaTionS in mUmBaienglish, 2003editors: D’souza, Deepika & othersThe booklet profiles the blind hawkers as a group and identifies their problems like dis-

crimination and lack of opportunities and possible remedies.

DiSaBiLiTY anD The Law english, Kannada, Tamil, 2005 (also avail-able in DVD format)editors: Pandey, Shruti & chirimar, Priyankaa compilation of judgements enunciating and expanding the rights of persons with disabilities in india has been missed and de-manded for a long time. This book fills the existing gap in literature by bringing together

for the first time progressive judgements from various indian courts and fora relating to the rights of persons with disabilities.

naTionaL TrUST for weLfare of Per-SonS wiTh aUTiSm, cereBraL PaLSY, menTaL reTarDaTion anD mULTiPLe DiS-aBiLiTieS acT 1999 (Training moDULe) English, 2007Editor: Alkazi, Radhika MThe module discusses and interprets the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

hUman righTS of PerSonS wiTh DiSaBiLiTieS Braille, 2007 editor: fernandez, Binaa valuable information kit for persons with disabilities.

PerSonS wiTh DiSaBiLiTieS (eQUaL oPPorTUniTieS, ProTecTion of righTS anD fULL ParTiciPaTion) acT of 1995 english (also available in Braille, 2007)The training module overviews the laws relating to disabilities and as to what mea-sures are needed to prevent the occurrence of disabilities.

PosTeR

‘Know YoUr righTS’‘Know your rights’ posters have been printed in several indian languages as well as in Braille for the blind.

FILM

acceSS To righTS This half-an-hour documentary film on disability captures empowering footages and educates viewers of the provisions under the PwD act.

disABLiLty rigHts: puBLicAtions


Anti-trAFFicking Anti-trAFFicking Trafficking, a form of modern day slavery, is one of the fastest growing trades and holds

the dubious status of becoming the third largest source of transnational illegal activity

after arms and drugs. Though there is no precise data available on the actual number

of persons trafficked, it is estimated that approximately 800,000–900,000 persons are

trafficked annually across national borders. while women and children are the most

vulnerable victims, it is important to note that human trafficking is not confined to the

commercial sexual exploitation alone. Trafficking has myriad forms and the number of

victims has been steadily increasing over the past few decades.anti

–tR

aFFi

CKi

nG

Painting by Rashmi Naik Nimbalkar


We

pay

our s

ince

re tr

ibut

e to

San

chita

Sin

ha R

oy, w

ho m

ade

this

illu

stra

tion

for u

s de

spite

her

term

inal

illn

ess.

San

chita

pas

sed

away

qui

tely,

mon

ths

afte

r mak

ing

this

illu

stra

tion.


Anti–trAFFicking

The quality and extent of the government’s response to

trafficking is grossly inadequate in relation to the magnitude

of trafficking that takes place in the country each year.

widespread corruption amongst law enforcement officials is

a major impediment to india’s efforts to eliminate trafficking.

indian laws against trafficking for labour fail to provide

sufficient protection to those forced into bonded labour

In recent years, India has become a major transit point as well as a source and destination point for the trafficking of women, children and men for sexual or labour exploitation. India is fast becoming a favoured destination for sex tourists from Europe, the United States and other western countries. Internal trafficking of men, women and children for the purposes of sexual exploitation, domestic or forced labour, sports or entertainment is also widespread. Numerous studies show that the majority of women in the Indian commercial sex industry are victims of sexual servitude or were originally trafficked into commercial sexual exploitation. India is also home to millions of victims of forced or bonded labourer. In spite of this serious situation, the only Act India has regarding any aspect of trafficking is the Immoral Trafficking Prevention Act, 1956, which deals only with commercial sexual exploitation.

The quality and extent of the government’s response to trafficking is grossly inadequate in relation to the magnitude of trafficking that takes place in the country each year. Widespread corruption amongst law enforcement officials is a major impediment to Indian efforts to eliminate trafficking. Indian laws against trafficking for labour fail to provide sufficient protection to those forced into bonded labour. In addition, children who are trafficked for domestic work find no protection in any Indian legislation. In addition to the obstacles indicated above, there is no centralised system for trafficking cases which creates inefficiencies and impedes anti–trafficking efforts. Perhaps the greatest challenge is the ineptitude of the one piece of legislation that does exist. The Immoral Trafficking Prevention Act, 1956 is so weak that it further victimises the victims and lends no provision to control traffickers.


Established in 2004, the Anti-Trafficking Initiative (ATI) issues include commercial sexual exploitation, false marriage and child marriage, adoption, bonded la-bour, child labour, domestic worker, migration, disaster (natural/manmade), employment and missing children. Presently, sixteen HRLN units handle trafficking cases and campaign for legal awareness on these issues. This includes a special trafficking unit in Basirhat, a traffick-ing–prone area of West Bengal. The ATI was launched with an explicit aim to combat all forms of trafficking, and to respect, dignify and empower trafficked victims through increased access to justice, legal representa-tion and advocacy. We protect the rights of trafficked victims by ensuring quality legal aid services, building partnerships for effective action, raising awareness and serving as legal aid resources for lawyers and paralegals.

LEGAL AID & PUBLIC INTEREST LITIGATION Public interest litigation has been used increasingly to curb

human trafficking. The persons who are not directly affected but may be influenced by associated activity can benefit from PiLs. writ petition initiated on individuals.

RESCUE & REhABILITATION aTi conducts rescue operations in alliance with networks

and ensure restoration of rescued individuals through the network.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING Disseminating information on human trafficking and victims

rights under domestic and international laws.

Providing trainings and legal aid camps on human trafficking issue to all level of stakeholders – especially with police and border police.

Activities

Ultimately, our goal is to evolve a victim–centric human rights approach to combat trafficking. The ATI team has built rapport with the network working across the country. As such, our Sikkim, Manipur and Arunachal Pradesh Units play a key role in their activities. ATI works in close collaboration with child rights and other like–minded organisations, institutions and groups for the promotion of victim’s rights at local, national and international levels. This work includes rescue and re-habilitation in concert with other NGOs. Our partners include local governments, law enforcement agencies, national human rights institutions, NGOs, civil society groups and grassroots organisations. A current focus is identifying the links between trafficking and domestic work, adoption, disability and trafficking for begging.

Sensitising the judiciary to the issues and sufferings of the victim through judicial colloquia.

Sensitising and skill enhancement of lawyers and parale-gals.

NETwORkING & ALLIANCE BUILDING Developing alliances and partnerships with organisations

and individual trafficking experts working on the human traf-ficking issue at the state and national level.

hrLn Sikkim and hrLn manipur played a key role in de-veloping a training manual for police personnel with other groups.

ADVOCACY & CAMPAIGNING advocacy for the amendment in the immoral Trafficking Pre-

vention act, pre–rescue, rescue and post-rescue guidelines through PiLs, and to fill legislation gaps.

initiAtive overview


initiAtive impAct

In 2007 alone, HRLN conducted rescue operations in Delhi, Sikkim, Karnataka, West Bengal, Jharkhand and Uttar Pradesh. As a result, 54 girls and women were rescued and restored.

HRLN Sikkim played a key role in the development of the first trafficking manual for law enforcement agencies in the state – which will exponentially increase the number of traffickers arrested.

ATI conducted one rescue operation which was particularly successful. In April 2007, ATI rescued four minor girls who were trafficked from West Bengal and recovered their wages which amounted to almost Rs. 125,000. Based on this intervention, we received complaints from almost 298 additional victims who either had been trafficked and/or not received their wages. This resulted in a second rescue mission and the filing of a writ petition in the Delhi High Court.

Feedback from the general public, law enforcement personnel, judges, lawyers, government representatives, social activists, students and the judiciary indicate that HRLN’s anti–trafficking presentations have been influential in exposing the degree to which trafficking is a widespread under-appreciated issue which needs to be much more actively addressed by people in these professions.

ATI distinguishes itself as being one which has proven to be uniquely effective in terms of holding traffickers criminally and legally accountable for their actions. Despite the fact that it is very difficult to arrest traffickers in the absence of any Indian law which enables them to do so, ATI has got arrested nearly 30 traffickers – curtailing their criminal activity and sending a message to the law enforcement agencies, judiciary and society at large that there are ramifications for rights violations and that trafficking is a heinous act punishable by law.

PraJwaLa VS Union of inDia

hrLn on behalf of Prajwala, an anti-trafficking organisation,

filed a PiL in the Supreme court petitioning the government

to create a ‘victim protection protocol’ so as to protect the

rights of victims of trafficking. existing laws do not protect the

welfare of women and children who have been rescued from

trafficking and sexual exploitation. The petitioner is calling for

a ‘victim protection protocol’ with detailed national guidelines

with regard to the pre-rescue, rescue and post-rescue stages

involved in the rehabilitation of women and children trafficked

for commercial sexual exploitation. a favorable decision by the

Supreme court will be a big step in addressing a legislative

gap in efforts to eliminate trafficking on a national level.

Prerana VS Union of inDia & oTherS

hrLn on behalf of Prerana, an ngo, filed a PiL in the Su-

preme court of india seeking guidelines for effective rescue and

rehabilitation of victims of commercial sexual exploitation and

Anti-trAFFicking: cAses*



trafficking, compensation to the victims, enforcement of the legal

provisions, prosecution of the offenders and for preventive mea-

sures to be taken to eliminate trafficking. The PiL is pending.

Prerana VS STaTe of maharaShTra

in Prerana Vs State of maharashtra, the Bombay high court

made an order on august 24, 2000 to ensure the rehabilita-

tion of the victims of trafficking. a commissioner of the court

was appointed to pay a surprise visit to Kasturba Sadan, a

place where minor girls were kept. The commissioner’s report

found the whole place stinking and full of mosquitoes and rats.

The high court set up a monitoring and guidance committee

of ngos and government officials and appointed a counselor

for the inmates. This was one of the leading judgements in the

country on rehabilitation of trafficked victims.

ShramJeeVi mahiLa SamiTY VS STaTe of ncT & oTherS

hrLn filed a petition in the Delhi high court on behalf of Sh-

ramjeevi mahila Samity seeking an enquiry by the cBi in a

shocking case of trafficking, kidnapping, forced labour and

bondage of 298 women and children who were taken from dif-

ferent villages of west Bengal and brought to Delhi with the

promise of providing work and wages. The petition seeks to

highlight the collusion between placement agencies, agents

(middlemen) and officials. aimed at uniting these women and

children with their families and their compensation it is also

hoped that the action will result in regulation mechanisms at

the placement agencies to put an end to exploitation. The case

is pending.

Anti-trAFFicking: puBLicAtions

BooksTrafficKing & The Law

english, 2006

This book is a compilation of various indian

definitions, legislations, jurisprudence and

case law on trafficking to help ngos and

human right activists understand and deal

with the issue. it is also a unique attempt to

collate case laws on different forms of trafficking.

manaV TaSKari aUr QUanoon (Traf-

ficKing anD The Law)

hindi, 2008

The hindi edition is also a compilation of

various indian definitions, legislations, ju-

risprudence and case laws on trafficking to

help ngos and human right activists under-

stand and deal with the issue.

PosTeRKnow YoUr righTS

againST TrafficKing

(english and hindi)

The poster illustrates in simple

words rights against human

trafficking.


in india, women are marginalised and do not have access to basic necessities

such as healthcare, nutrition and education. Despite the enactment of progressive

laws, patriarchal stereotypes continue to manifest themselves in the most violent

crimes against women – sati, dowry deaths, witch hunting, acid attacks, domestic

violence, rapes and sexual assault. Less overt but equally criminal, are infringements

of reproductive rights – including the misuse of technology for sex determination,

sex–selective abortions of female fetuses and the practice of child marriage. against

this backdrop of gender inequality, discrimination and the gross violations of women’s

rights, the women’s Justice initiative (wJi) is working to empower women through

outreach, counselling and access to the justice system.

women’s Justice

wo

men

’s J

usti

ce


“Use all means to move forward to freedom”


When we talk about women’s Justice, the issue envelopes not just the issue in question but also other areas like the criminal justice, right to food, Disability rights, HIV/AIDS, etc. Women being marginalised on account of their gender often face double discrimination. Women in conflict areas are caught between the devil and the deep sea. Often issues of Domestic Violence, sexual assault are aggravated in conflict areas there is a likelihood of the issue not being addressed as the larger cause will be emphasised more. The statistical indicators reveal the status women have remained unchanged despite rapid increasing development. It is a cruel irony that India, a country supposedly on its way to becoming a global superpower, has the highest number of women dying in childbirth. If the gender-related development index (GDI) were the best indicator of a nation's progress, then India’s reality with respect to maternal deaths, poor nutritional status of women, lack of access to healthcare and education for women demonstrates the country’s self-perpetuating backwardness. In rural areas, where children

and lactating mothers die of starvation, the State budget for nutrition allows them a rupee (equivalent to 20 cents) a day. Women naturally become the first victims of hunger and ill health. In India, women are marginalised, their voices stifled and choices restricted in many ways – both ‘modern’ and traditional. Reproductive rights are violated as seen in the conduct of sterilisations and the misuse of technology for sex determination as well as the skewed sex-ratio in several parts of the country. Patriarchal stereotypes continue to manifest themselves in the most violent crimes against women – sati, dowry deaths, witch hunting, acid attacks, domestic violence and a number of rapes and sexual assault.

Despite progressive labour laws, the system keeps a large part of the female population in servitude and bondage. Sexual harassment at the workplace is on the rise; women are routinely discriminated against at work even for parity of wages, and form a miniscule and ever-decreasing part of the organised labour.

women’s Justice in conteXt

our greatest challenge is the centuries–

old mindset which views a girl/woman

as being expendable. Therefore, the

concept of women's rights is generally

never given any thought


HRLN has participated in the struggle for women’s justice for over a decade. WJI’s mission is to oppose all forms of gender–based discrimination and violence against women and to increase women’s access to the justice system as a vital means to their empowerment. A core operational element is the degree to which the team works in solidarity with other organisations. As such, WJI has nurtured deep partnerships with grassroots women’s NGOs and supports them in the collective

struggle to address the public denial of women’s rights resulting from lacunae in the law, poor enforcement and/or implementation. WJI’s issues of concern include: sexual assault, domestic violence, sexual harassment at the workplace and in educational institutions, matrimonial cruelty and disputes, reproductive and sexual health rights of women and adolescent girls, pre–birth sex–selection and elimination of

Activities

initiAtive overview

LEGAL AID & PUBLIC INTEREST LITIGATION Legal representation for individual cases, including divorce,

matrimonial remedies, guardianship custody, adoption and property rights.

opposing bail of the accused in cases of violence against women in 498-a and rape cases.

need–based paralegal support, pre/post-litigation counselling.

PiLs in high courts/Supreme court for law reform and systemic changes.

Providing regular legal counselling to women who come to crime cell.

CRISIS–RESPONSE, INVESTIGATION & MONITORING counseling for women prisoners and support visits.

in–person counseling and telephone help-lines for psycho–social support.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAININGconduct law-based consultations and trainings for the social

activists, mahila panchayats, police personnel, lawyers and for paralegals.

Judicial colloquia to sensitise judges to women’s issues; besides doing advocacy and campaigng.

campaigns for influencing public opinion, policies, and leg-islation in support of a violence–free society for women.

Legal documentation, research and campaigning for gen-der–sensitive policies/laws.

PEOPLE’S TRIBUNALSPeoples’ tribunals on women’s issues including on coer-

cive population policies and the two-child norm and witch hunting.

PUBLICATIONS & COMUNICATIONS Publications to increase legal and gender awareness.

Books, posters, handouts, pamphlets, know-your-rights publications.

CAMPAIGN campaign against Sexual harassment - caSh focuses

on the right of all women to a work environment free of harassment. caSh conducts workshops to spread aware-ness among working women, employers, trade unions and students. wJi has been instrumental in drafting the sexual harassment policies of several organisations and wJi mem-bers are also part of complaint committees.


The Women’s Justice Initiative (WJI) has been in the forefront of several women’s justice issues including domestic violence, trafficking, acid attacks, reproductive rights and equal inheritance and property rights. Select highlights follow: sexual assault: Lawyers and paralegals in several

states are providing legal services for rape victims and start their work from the moment the incident is reported at the police station and then follow through to the courts.

Domestic Violence: Since the enactment of the Protection of Women from Domestic Violence Act, 2005 HRLN lawyers have filed cases on behalf of women for restraining orders against their husband, against violence , for a share in the matrimonial home, for compensation and for maintenance and obtained successful order.

The Chandigarh unit filed a petition, the first of

its kind in the country, seeking directions and clarifications in the effective implementation of the Domestic Violence Act in the state.

acid attacks: HRLN obtained a landmark decision

from the Karnataka High Court in respect to acid attack victims, where, for the first time, accused persons are being prosecuted under 307 IPC (attempt to murder) instead of 323 IPC (causing hurt). As a result, life–sentences are being imposed, substantial compensation is being paid to the victims and the Supreme Court is refusing bail – an evidence that HRLN’s work has resulted in the criminal justice system taking a more strict approach on acid attacks.

Reproductive and sexual health Rights: A

sizeable breakthrough was made in reproductive rights where the Supreme Court made sweeping orders in respect to unsafe sterilisation of women, directing

iSSUeS of concern

Sexual assault

Domestic violence

acid attack honour killing Sexual harassment at the workplace and in educational

institutions matrimonial cruelty and disputes denial of reproductive

and sexual health rights of women/adolescent girls Pre-birth sex-selection and elimination of female fetusesTrafficking for commercial sexual exploitation Unequal employment opportunities for women Denial of property/inheritance rights to women

rights of doubly marginalised sections of women like com-mercially sexually exploited women, hiV+ women, women prisoners, lesbians, bisexuals and disabled womenany other gender-based discrimination/exploitation

initiAtive impAct

female fetus, trafficking, commercial sexual exploitation, unequal employment opportunities for women, denial of property/inheritance rights to women, and the rights of doubly marginalised females such as commercially

and sexually exploited women, HIV+ women, women prisoners, lesbians, bisexuals, disabled women, and any other gender-based discrimination or exploitation.


governments to maintain standards of hygiene, start an insurance scheme for women, and monitor sterilisation camp monitoring.

Violation of government standards for female

sterilisation were questioned in the Supreme Court and additional guidelines were obtained. For the first time, the concept of insurance in the public health system was introduced through this case.

Implementation of the law prohibiting pre-birth

sex-selection and sex determination sought. Additionally, regulation of the internet for blocking of advertisements in violation of the law.

Specific aspect of maternal and neo-natal health

agitated in the broader spectrum of the right to food prevented the government from discontinuing beneficial schemes like janani surakha yojana (women's security scheme) and national maternity benefit scheme on the basis of lack of funds.

sexual harassment at the workplace: Campaign against sexual harassment (CASH) and sexual minority work has had huge impact various status.

Vishakha guidelines against sexual harassment at

workplace are being sought to be implemented in educational institutions. Orders mandating only a single enquiry in cases of sexual harassment to curb victimisation of the complainant, obtained due to the sustained effort of the advocates of HRLN working in the Supreme Court.

Property Rights: Advocates of WJI were part of

the group in brining about amendment in favour of women and daughter in the Hindu succession (Amendment) Act 2005.

Changes in law pertaining to women- HRLN with

other women's group has spearheaded a campaign for changes in punishment clause in Sec. 354 of IPC (outraging the modesty of women). Subsequently the government of Kerala has agreed to amend the law and make appropriate changes.

S VS m

The case is of importance because in spite of the title deed

being in the concubines name the wife and the two daugh-

ters were protected from being thrown out of the matrimonial

home. maintenance amount was also granted on the basis of

the case filed by hrLn.

S VS r

maintenance granted for the woman and child. The case is

important because the family court declared the marriage as

null and void.

U VS a

interim monetary relief of rs 2.5 lakhs granted towards loss

of earnings.

women’s Justice: cAses*



a VS B

a petition for maintenance under the Domestic Violence act

was filed in the chief Judicial magistrate court, Thiruvanan-

thapuram, Kerala. The petitioner was granted twenty thousand

rupees as monthly maintenance.

a VS STaTe of KeraLa

annamma was undergoing life imprisonment and she was 78

when hrLn lawyers met her in prison. She had already un-

dergone six years of imprisonment. hrLn filed a petition in

the Kerala high court for a direction to the review committee

to consider her case for release. Subsequently, the authorities

released her. The case became a precedent to consider the

aged and the ailing as special cases.

SaKhi VS Union of inDia

This was a petition filed by the organisation for protection

orders from the respondent while implementing domestic vio-

lence orders. The high court passed police protection orders

for the institution while protecting domestic violence cases.

a VS V

This is the first ever case of himachal Pradesh under the Domes-

tic violence act, 2005 filed in the court of Ld chief Judicial mag-

istrate, Dharamshala. The case was decided within four days of

its institution by providing protection order to the petitioner and

against the respondent, who was a brother-in-law of the petitioner.

The petitioner also got compensation of rupees two thousands.

S VS r

This is a domestic violence petition against the husband. The

husband was threatening the petitioner with dire consequences.

The Judicial magistrate first class–ii Dharamshala provided

protection orders to the petitioner restricting the respondent

from contacting her. The petitioner is a hiV Positive patient.

S VS m

Petition under domestic violence filed against the husband

who left the petitioner at her mercy after marrying her and was

not maintaining her and she is living separately along with her

parents. This petition was filed on october 9, 2007 before Judi-

cial magistrate first class Palampur and was decided as com-

promised at rs 1.10 lakhs on January 14, 2008.

STaTe of hP VS r

This is rape trial (fir 293/05, police station nurpur, district

Kangra, hP) where the accused was released on bail, but after

his release he started threatening the victim and tried to restrict

her freedom. She contacted hrLn for help. hrLn moved an

application for cancellation of the bail before the additional dis-

trict and sessions judge ii Dharamshala, where the original trial

was pending. The judge, after going through the facts, found

it necessary to cancel the bail and his bail was cancelled but

the accused did not appear before the court and absconded.

after his non-appearance he has been declared as proclaimed

offender on July 26, 2007 and trial is continuing.

a rai VS B

This case came to importance as hrLn brought to the notice of

the magistrate the non-requirement of taking statement under

section 313 of crPc as the Domestic Violence act, 2005 was

especially promulgated to be a non-criminal case. This was an

important step in bringing the right perspective in the minds of

the magistrates. The aggrieved person won this case.

a VS STaTe of SiKKim

hrLn is the first human rights organisation in the state of

Sikkim to file a PiL on disability. PiL made good impact among

the civil society and government agencies about the rights of

the disabled.


a VS STaTe of oriSSa

The petitioner filed a writ petition in the orissa high court

(2008) under article 226 of the constitution of india seeking is-

suance of an appropriate writ commanding the state of orissa

and police authorities to arrest the accused persons and take

other appropriate action on the basis of the wife's complaint.

The court directed that the police authorities would “do well to

expedite the investigation in the matter [and] submit final form

in accordance with law.”

mrS YSm VS mr Shm

YSm filed a petition, under section-3 of the muslim women

(Protection of rights on Divorce) act, 1986, was filed in Janu-

ary 2001 in the additional chief metropolitan magistrate court

at mazgaon for the maintenance sum of rs. four lakhs. The

petitioner was granted substantial maintenance.

X VS Y

a case filed in the family court mumbai (2008) resulted in two

orders: against the family of raju Vasant chavan and officers

of the local police force.

oriSSa PaTiTa UDDhar SamiTi VS STaTe of oriSSa anD orS

This PiL was filed in the orissa high court (2007) on behalf of

an aid organisation to highlight and address the deplorable

conditions under which commercial sex workers live their lives

in a teeming slum in Bhubaneswar. it began with an effort to

evict them from land, which some of them had called their

home for over 40 years. Despite the fact that the conditions

were horrible, the local government took no steps to provide

any amenities to them. They are subject to physical and sexual

abuse from the police and live their lives in a constant state of

fear and degradation.

camPaign anD STrUggLe againST aciD aTTacKS on

women (cSaaaw) VS DeParTmenT of women anD chiLD

weLfare

a writ petition filed in the Karnataka high court (2006) resulted

in the prompt payment of compensation to an acid attack victim

and the promulgation of guidelines for the proper treatment of

such victims. it brought about considering acid throwing as

attempt to murder and thus life imprisonment was imposed on

the perpetrators.

naZma Biwi & anr VS STaTe of oriSSa

The fundamental rights of individual citizens and married cou-

ples such as the right to life, personal liberty and freedom of

movement are of paramount importance under the indian con-

stitution. This petition (Supreme court, 2006) seeks to uphold

these fundamental rights in the face of interference by local

communities and anti-social groups. Situations arise where

threats of violence and restrictions of movement to individuals

and married couples are initiated by such communities and

groups because of a misplaced reference to personal, particu-

larly religious laws. moreover the police and the administration

do not do anything, leaving the individuals or couples at the

mercy of the threatening locals. The petition calls for an end

to such interference by local communities and further seeks

to make it impermissible for the police to remain inactive when

such situations arise.

ramaKanT rai & UP anD Bihar heaLThwaTch

VS Union of inDia

The government of india has many coercive polices regarding

population and birth control. one such policy is that of female

sterilisation, which often takes the form of mass sterilisation

camps, where procedures are performed on women in unsani-

tary, substandard conditions and sometimes women are even


sterilised without the knowledge of what is happening to them.

The petition (supreme court, 2003) seeks the implementation

of the guidelines on ‘standards for female and male sterilisa-

tion’ (1999) prescribed by the government of india. in doing so,

the PiL strives to hold liable errant government officials, as well

as the doctors and health personnel who failed to follow the

guidelines, for their gross medical negligence, punish those

who flagrantly breached the guidelines, and push for compen-

sation to be provided to the victims of these abusive sterilisa-

tions in government run centres.

meDha KoTwaL LeLe VS Union of inDia anD oTherS

The petition seeks the implementation of the Vishaka guidelines

by the central and state governments. The Vishaka guidelines

are guidelines against sexual harassment of women in private

and public sector workplaces, issued by the Supreme court

of india in Vishaka & others vs State of rajasthan & others in

1997. however, there continue to be numerous instances of

harassment in various private workplaces such as educational

institutions, bar associations, medical councils and all other

professional and technical associations, where compliance to

the guidelines do not exist. The present PiL in the Supreme

court aims at forcing the government to enact comprehensive

legislation, which will ensure a safe, harassment and violence

free working environment for all women in india.

D VS DirecTor generaL of eSi corPoraTion

in this case the eSi corporation wrongly interpreted the rule 56,

clause-1 of the employees State insurance (central rules) 1950

on maternity benefit and thus was denying maternity benefit to

a lot of women. hrLn filed litigation in the labour court and as a

result, several women benefited by getting their legal dues.

S VS STaTe of PUnJaB & oTherS

S was married to a hiV Positive person without taking her into

confidence. when she refused to cohabit with that man, he

started torturing her. Subsequently, she filed a divorce petition.

The man got thrown acid upon her and when she was under

treatment due to extreme acid burns, the man died and the

family of the man got booked S under section 302 iPc alleg-

ing that it was she who got infected him by getting infected

blood transfused. The lady though under treatment but was

also arrested technically. hrLn stood by her, got her bail, and

also filed a complaint before the Punjab State human right

commission (2005) and ultimately after enquiry the police filed

cancellation report before the court of law.

n VS STaTe of PUnJaB

husband of n, a Dalit girl, was killed within three months of her

marriage by the dominant caste people who wanted to keep

him as a bonded labour in lieu of the money advanced to his

family as a loan. Though it was a clear murder but the case

was registered u/s 306 iPc. hrLn approached the Punjab and

haryana high court (2008) for directions and could get the

relief prayed for. on the directions, the case was registered

under appropriate sections.

m & oTherS VS P

m had been a victim of domestic violence. apart from this, her

husband had taken loan from various individuals and agencies

and they used to visit her place in connection with recovery.

Besides, they had bad intensions in their mind to exploit her.

hrLn approached the court and interim order retraining from

visiting the matrimonial house of the complainant was granted

on the first date.

chanDigarh aDminiSTraTion VS X

X is a deaf woman and mother of two deaf children. her father

is also a deaf. She had been married to a non-deaf for 22

years and had been victim of violence and dowry demand. her

case was taken up and the fir got registered under section

406 and 498 a. The bail application up to Punjab & haryana


high court was opposed and ultimately with the intervention of

the court she was returned all jewellery and other belongings

and also paid rs. 10 lakhs as permanent alimony. Since she

did not want to maintain that relationship, a petition under 13 B

was also filed and was decided in 2008.

S & P VS STaTe of PUnJaB

S, a Dalit woman, left her alcoholic husband and started working

as a domestic help in the house of dominant caste people. The

man of the house wanted to exploit her due to her vulnerable

status. She left the house without informing to the man and was

booked under 379 iPc along with her boyfriend and his sister. a

petition under 438 crPc was moved and the relief was granted.

K VS STaTe of PUnJaB

K, a Dalit woman, was taken into custody on the extra-judicial

statement under sections 302 and 120 of iPc. her son was

already booked in the said fir. hrLn moved a petition under

sections 439 of the crPc, which was allowed.

S VS STaTe of PUnJaB

S is a victim of sexual harassment at workplace. finding no way

out, she gave a complaint in the form of resignation, which was

marked wrongly to the SDm for enquiry. hrLn moved a peti-

tion on the basis of Vishakha guidelines and the court directed

to take her back and even the perpetrator was summoned to

appear in person. hrLn also asked for directions to the state

of Punjab to file the status report of the implementation of the

directions given by the Supreme court. The case is pending.

VhaP VS STaTe of PUnJaB

The Supreme court in the case titled as Delhi Domestic work-

ing women forum Vs Uoi has directed to constitute a criminal

compensation injury board to provide relief to the victims of

rape and sexual assault during the pendency of the case so

that the victims do not enter into compromise due to finan-

cial difficulties. But despite elapse of four years Uoi has not

finalised the draft prepared by the national commission for

women in 2005. a PiL has been filed for directions to the Uoi

to constitute a criminal compensation injury board as directed

by the Supreme court. a notice has been issued in this case.

S VS f

The respondent, a journalist, was called to the commission for

women on charge of getting married for the second time with-

out the knowledge of first wife. The first wife was awarded due

maintenance though the second marriage could not be chal-

lenged as the ground taken was non-conception of first wife.

Dr. c VS STaTe

The complainant was denied maternity leave on the ground

that she was an ad hoc surgeon. hrLn received favourable

orders in the matter.

m VS K

authorities harassed the complainant, as her husband was

allegedly involved in militant activities. She was being forced

to vacate the possession of her land and her house. a notice

was issued to the authorities by the women's commission after

hrLn’s intervention.

K VS T

an award of rs. 50 lakh was given as compensation to the

petitioner for desertion and subsequent divorce.

g VS STaTe of harYana

g was wrongly booked under immoral Trafficking act and was

taken into custody. a petition under 439 crPc was moved

which was decided with direction to the trial court to decide the

case within six months.


women’s Justice: puBLicAtions

Bookscoercion VerSUS emPowermenT:

PerSPecTiVeS from The PeoPLe’S

TriBUnaL on inDia’S coerciVe PoPULa-

Tion PoLicieS anD Two-chiLD norm

english, 2006; hindi, 2008

editors: Pandey, Shruti & Das, abhijit

This book aims at a rollback on coercion, targets, incentives

and disincentives as the basis of india’s population policies. it

brings out the gross violations of entire range of human rights

that result from such approach. it argues that such policies

have been found to be anti-poor, anti-Dalits/tribals and other

backward castes.

a Life free from VioLence: The

ProTecTion from DomeSTic VioLence

acT – a commenTarY

english, 2008

editor: ramanathan, Sheela

The book tells us that the women’s rights in

india are still shackled to age-old, outdated and archaic norms

of male supremacy. as a result, women face a wide range of

human rights abuses that breach fundamental provisions of

the indian constitution and international conventions ratified

by the indian government.

comBaTing SeXUaL haraSSmenT aT

worKPLace: a hanDBooK for

women,emPLoYerS anD ngoS

english, 2005

editors: Dannerbaum, Tom & Jayaram, Keya

The issue of sexual harassment at the work-

place is gaining visibility and the campaign

against it, gaining a definite momentum. The guidelines passed

by the Supreme court of india in the matter of Vishaka vs. State

of rajasthan, in august 1997, represented the first time that the

issue was explicitly acknowledged in a legal forum.

LiTTLe hanDBooK on Pc&PnDT: Pre-

concePTion & Pre-naTaL DiagnoSTic

TechniQUeS (ProhiBiTion of SeX-Se-

LecTion) acT, 1994

english, 2006

editor: rastogi, anubha

This book has a very pointed and defined purpose. it is meant to

assist effective prosecution under the Pc&PnDT act. The need

for bringing out this book has been strongly felt as implementa-

tion of this law is one of the weakest links in the drive against the

misuse of the diagnostic technologies and the resultant continu-

ing and worsening decline in sex-ratio across the country.

mahiLa aVam Qanoon (women anD The

Law)

hindi, 2002

editor: chorine, christine

a condensed hindi translation provides

summaries of the legislation and case laws

as elucidated in the two volumes of women and the Law.

PariVariK aDaLaT Ka Safar

hindi, 2005

editor: Kumbhkaar, Kailash chand

This book is a result of the experience and

insight gained in the course of representing

women in the family courts and collaborating


with women’s organisations and the police at the women’s

cell. Useful for litigants and for lawyers, it is a manual intended

to demystify the working of the family courts and the law.

STePPing forwarD

english

This book has ten stories of the women who

have been fighting all ups and downs of life

and who grew up and lived in different cir-

cumstances.

SUPreme coUrT on raPe TriaLS: a

manUaL of BeST PracTiceS of The

SUPreme coUrT

english, 2002

editor: Bhat, aparna

The mannual comprises some of the judge-

ments of the Supreme court of india passed

from 1950 to 2000 relating to rape trials.

women anD The Law. VoL i

english, 1999

editors: chorine, christine & Desai, mihir

The book shows the increasing number

of women from all classes coming out to

assert their rights, some of them effectively

using the law.

women anD The Law. VoL ii

english, 1999

editors: chorine, christine & Desai, mihir

The book is a comprehensive compilation

with a summary of cases and numerous

judgements.

DomeSTic VioLence anD The Law

english, 2008

editor: raju, Sandhya

The book highlights the protection of women

from Domestic Violence act, 2005 that came

into force in october 2006. it also recognises domestic vio-

lence as a serious problem.

DomeSTic worKerS: a moDern DaY

manifeSTaTion of SLaVerY

english

editors: Passanha, raynah Braganza;

Pflung, Bharati & Saldanha, Jean

in india, labour issue is one area of concern.

This small book looks into the plight of the

unorganised domestic workers including women, children.

Training manUaL: The camPaign

againST SeXUaL haraSSmenT aT The

worKPLace

english, 2002

editors: narula, Priya & Sluggett, catherine

The training manual defines what sexual ha-

rassment is and how such harassment can seriously affect a

person’s work and job.

TowarDS a naTionaL coaLiTion for

genDer JUSTice

english

The report is a compilation of the proceed-

ings of the workshop on gender justice held

in mumbai in 1996.


SeXUaL haraSSmenT aT worKPLace

The comPLainTS mechaniSmPreVenTiVe meaSUreS

Know YoUr righTS: are YoU a VicTion of SeXUaL aS SaULT?

mYThS anD facTS regarDing SeXUaL haraSSmenT

PosTeRs

FiLmaB KhamoShi KYon?

hindi, 2005

This is an awareness film on sexual harass-

ment at workplace (vcd format).

women'S righTS: rTi acT, 2005hindi

KareLi maDarSa BaLaTKar KaanD

Jaanch commiTTee Ki rePorT (rePorT

of The KareLi maDarSa raPe caSe)

hindi

The report in hindi looks into the shameful

and brutal rape that took place in the Kareli

madarsa in allahabad, Uttar Pradesh.

ProTecTion of women from DomeSTic

VioLence acT, 2005 hanDBooK

english, hindi, gujarati, marathi, manipuri,

Sikkimese, 2007

The legislation addresses most of the con-

cerns relating to gender-based violence that

takes place in private sphere.

aDVerSe SeX-raTio anD The Law:

Training on imPLemenTaTion of

Pre-concePTion anD Pre-naTaL

DiagnoSTic TechniQUeS (ProhiBiTion

of SeX-SeLecTion) acT, 1994

english, 2006

a training manual on implementation of pre-conception and

pre-natal diagnostic techniques.

righT To Safe moTherhooD (english, hindi)

Know YoUr righTS: are YoU a VicTion of SeXUaL aSSaULT?

femaLe STerLiSaTion oPeraTionS


ch

ild

rig

hts

child rightsmillions of children in india grow up uncared for and are condemned to living

in miserable conditions. They live in abject poverty without education, medical

treatment or even food. child slavery is rampant, violence against children

endemic and the right to education, though now established by law, exists only on

paper. Despite the enactment of the Juvenile Justice act, it is not being effectively

implemented. The insensitivity of the officials further adds to the problem. in

the justice system, children are often tried as adults, as such they continue to

be harassed and beaten up by police, trafficked and sexually abused. a large

number of them go missing every year, untraceable. hrLn is committed to

protecting children and supporting them in their right to childhood.


“everyone has a human right to justice and this right of children

is to be protected by adults, as children cannot speak up for

themselves. we at hrLn raise voices to make systems function

for them. representing children in courts and mobilising groups to

stand up for them helps give young people access to justice and a

healthy childhood.”

Kiran JyotiDirector, Child Rights Initiative


cHiLd rigHts in indiA

Though India has a large number of laws to protect and promote the rights of children, the dismal status of children in India clearly reflects the indifferent and callous attitude of the judiciary, legislators and society towards the most vulnerable group in the society. It is apparent that many of the legislations passed with respect to children have been done to achieve a particular target for submission of a country status report or adhering to international conventions. While international conventions have tried repeatedly to remind us that a child has rights too, children are still physically abused, raped, made to work in horrible conditions, tortured, incarcerated, trafficked and abandoned. India also has some of the worst human development indicators relating to children including child sex-ratio, child trafficking, malnutrition, child labour, immunisation, education and infant mortality rate.

Despite a number of legislations and policy announcement for children, the issue of child rights is regarded as a welfare issue rather than a rights issue. In 1992, the Indian government ratified the ‘United Nations Convention on the Rights of the Child’. Years have passed since the ratification, but there are no signs that the government is inclined to take affirmative action. Since Independence, all statutes, such as the Factories Act, Mines Act, and the Shops and Establishments Act have strictly prohibited child labour. However, laws have not been implemented as required. Later in 1986, the government enacted the Child Labour (Prohibition and Regulation) Act. However, rather than rectifying the situation, the Act insidiously permitted the use of child labour while promising regulation. Juvenile Justice Care

& Protection of Children Act, 2000 as amended in 2006 makes state responsible for the care, protection and treatment of children below the age of 18 years but the very structures i.e. child marriage committees, juveniles justice boards and various residential institutions have not been established yet as per the norms of the law, though the law has been in force since April 2001. ChaLLengesThere is a critical need to respond to an ever increasing number of children and youth confronting brutality on a large-scale. Children continue to work in hazardous industries despite the prohibition. Outside the workplace they are no better off. A considerable challenge is to sensitise the judiciary, legislators and society–at–large to the rights of children, ensure that all existing child welfare laws are implemented and that new laws are framed (or existing laws amended) to protect and promote the rights of children.

Some of the CRI team members in Delhi


Since 1989, HRLN has provided legal assistance to children in conflict with law, children in need of care and protection, victims of child labour, child marriage, child sexual abuse, and child trafficking. Additionally, we work proactively on issues of child health and education and ensure that the rights of the child are addressed across all HRLN Initiatives. Our mission is to combat all forms of violations against children and increase their access to the justice system. CRI also engages in advocacy and policy formulation, publishes ‘know your rights’ material, participates in campaigns and conducts training for activists, paralegals, lawyers and others. Closely linked with a number of organisations working in the field of child rights, we provide legal and other assistance to these organisations.

ChiLD LaBouRCRI is against all forms of child labour and works for the strict enforcement of the legal provisions in the best interest of the child labourers. Following raid and rescue operations, we provide legal assistance to prosecute employers, represent children who have been exploited as child labourers, and seek compensation for such children.

RighT To eDuCaTionCRI provides solidarity to education movement in the country. This includes our contributions through holding public hearing, judicial colloquium, helping in bringing out special issues of Combat Law magazine and being part of peaceful protests organised by various campaigns on education.

initiAtive overview

ChiLD TRaFFiCkingOur lawyers have filed cases relating to fraudulent inter-country adoptions where children are sold for large sums in the garb of inter-country adoptions. With an aim to ensure safety of victims, CRI represents their needs before the child welfare committee concerned.

ChiLD maRRiagesDespite the enactment of special legislation, the evil practice of child marriages continues in several states of India. CRI focuses on the enforcement of the Prohibition of the Child Marriage Act, 2006 and provides legal assistance to prosecute persons who perpetuate the practice. A PIL has been filed seeking punishment of those responsible for promoting child marriages, registration of marriages, and protection of the child. The Initiative organises consultations and works to spread awareness of the law through training and publications. We are also doing advocacy for the notification of rules for child marriage in all the states.

ChiLD sexuaL aBuseChild sexual abuse is an area of grave concern. To tackle rising incidence of child sexual abuse cases, support is provided in the filing of FIRs, assistance to the child welfare committee to prepare the child for trial, supporting the prosecution during trial, opposing grant of bail to the offender and seeking compensation for victims. The national campaign against child sexual abuse initiated by HRLN has raised a collective voice against this crime.


ChiLDRen in ConFLiCT wiTh The LawWe are committed to ensuring implementation of the Juvenile Justice (Care and Protection of Children) Act, 2000. Our lawyers and social workers provide pro-bono legal services and allied support services to children in conflict with law before the juvenile justice board.

ChiLD heaLTh anD nuTRiTionThe right to food case is an integral part of HRLN’s work. This includes monitoring the implementation of the mid-day meal and integrated child development services scheme.

LEGAL AID & PUBLIC INTEREST LITIGATION cri represents children in need of care and protection and

juveniles in conflict with the law and before the child welfare committees, juvenile justice boards.

raises appeals to the higher courts, if the State fails to pro-vide justice.

files PiLs before various high courts and the Supreme court on critical issues affecting the rights of the child.

ADVOCACY, CAMPAIGNING AND RESEARCh engages in various efforts of law reform on issues such as

child sexual abuse, child marriage and child labour.

conducts extensive surveys, studies and research on vari-ous issues concerning child rights as a basis for selecting core areas for intervention.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING conducts legal awareness trainings in conjunction with

community-based organisations for individuals, organisa-tions, communities, law enforcement agencies and the ju-diciary on various laws relating to children.

CRISIS RESPONSE, INVESTIGATION & MONITORING response teams for rescuing abused or neglected chil-

dren.

operates a crisis intervention centre (cic) in Delhi, which will be replicated in other states. The centre responds to calls of abused children which are forwarded by the police. in addition to counselling and legal aid, hrLn facilitates

the process of obtaining medico-legal certificates (mLcs), filing of first information reports (firs) and prosecution.

CONSULTATIONS AND PUBLIC hEARING Bring child rights issues onto public platforms through na-

tional and regional level consultations with government and community-based organisations. Some important consulta-tions organised by cri are regional consultation on child sexual abuse draft bill, public hearings on child domestic workers (mumbai and Delhi), national consultation on child marriages. national consultation on review of laws on chil-dren, national consultation on trafficking, national consulta-tion to combat issues of juvenile justice and national judicial colloquium on the right to education. This colloquium was held in collaboration with the national commission for pro-tection of child rights.

SOLIDARITY Brings child rights issues onto public platforms through na-

tional and regional level consultations with government and community-based organisations.

PARTNERShIPS Partners with the local government, law enforcement agen-

cies, national human rights institutions, ngos and civil so-ciety groups and grassroots organisations working on child rights issues.

working on a study of conditions of children’s institutions, the cri collaborated with the national human rights com-mission in 16 indian states, filing petitions in Sc and high courts on the significant cases we came across.

Activities


initiAtive impAct

We have been successful in stopping a number of group child marriages through our network with various grassroots organisations in different states including Rajasthan and Madhya Pradesh.

A landmark decision has been passed by the Supreme Court in respect of a PIL on child marriages. In this PIL (Forum for Fact Finding and Documentation vs Union of India), the Supreme Court directed the state governments to notify rules for the prohibition of Child Marriages Act, 2006. The Rules have been notified in most state as a result of the case.

Through our PIL on juvenile justice (Sampurna Behura Vs Union of India), the Supreme Court directed the government to notify rules for the Juvenile Justice Act and also documented concern over the government’s lax attitude in upholding the Act.

We followed the similar process of filing litigations for the implementation of Juvenile Justice Act in the High Courts of Sikkim, West Bengal, Andhra Pradesh, Jammu & Kashmir, and Himachal Pradesh. In all state PILs, we demanded implementation of the amended juvenile justice law and the constitution of child welfare committees (CWCs), juvenile justice boards (JJBs) and the special juvenile police units (SJPUs). The courts have admitted the PILs in each case. In Sikkim, an immediate order for establishing JJB and CWC was passed which will result in better access to justice for juveniles and streamline their rehabilitation process. In West Bengal, the child welfare committee and the juvenile justice board have been constituted in each district of the state as per the requirement of the law.

Our units have rescued 60 children who were working as domestic labourers and have registered their cases under the Child Labour (Prohibition and Regulation) Act. As a result of our intervention, all the children have been restored back to their families with proper rehabilitation packages from the government as per the provisions under the law. Our post–rescue monitoring ensured that the children did not go back to work or get trafficked again. Further, our monitoring ensured the children were given alternative education.

More than 600 children have been able to have access to juvenile justice system through our programme of free legal aid to the juveniles in conflict with law and a number of them have been socially re-integrated and are enjoying a healthy childhood.

COMPREhENSIVE SUPPORT TO JUVENILES IN CONFLICT wITh LAw

from august 2008, cri has started a pilot project to provide

comprehensive legal support to juveniles in conflict with

law in Delhi. Lawyers and social workers from hrLn make

themselves available in both the juvenile justice boards

of Delhi, all through the day to provide free legal aid and

allied support services in various legal processes to the

poor and the needy children and their parents. They also

provide socio-legal counselling; empower them with the

right information to fight against exploitation at the hands

of the police and the private lawyers; keep a constant vigil

on the functioning of the juvenile justice system and make

interventions to make system and structures for children

work effectively in a child friendly manner.


cHiLd rigHts: cAses*forUm for facT finDing anD DocUmenTaTion VS Union of inDia This petition in the Supreme court challenges the prevalence of child marriages and the fact that child marriages continue de-spite there being a specific legislation to stop the practice. The PiL seeks that errant government officials, elected representa-tives in panchayats and policemen be held responsible for abet-ting child marriages, and also seeks compensation and other relief for the victimised girl children. The case is pending.

SamPUrna BehUra VS Union of inDia anD orS This petition in the Supreme court seeks the strict implemen-tation and enforcement of Juvenile Justice care and Protec-tion act, 2000 and the amendments of 2006 in all the states of india. The case is pending.

BachPan Bachao anDoLan VS Uoi This petition brings to the notice of the Supreme court the plight of children working in indian circuses. The petition seeks guidelines specifically prohibiting the engagement of children below 18 years of age in any form. it also requests that the cBi be directed to investigate the gross violation of fundamental rights of children in circuses. The case is pending.

aVinaSh mehoTra VS Union of inDia anD orS on July 16, 2004, a fire broke out in Lord Krishna middle School in Kumbakonam district about 320 kilometres southwest of chennai in Tamil nadu state. in all 94 school children died and 18 children suffered severe injuries. The Supreme court named an hrLn lawyer as amicus (friend of the court) and directed the lawyer to compile a report detailing bare minimum standards for the administration of fire safety standards for schools. raJ Singh anD orS VS Union of inDia This writ petition in Delhi high court highlights the discrimina-tion faced by children belonging to under-privileged sections of society, especially when it comes to education. it requests that the petitioners have the right of admission to school and ensures that future discrimination will not happen. The right to education is a fundamental right guaranteed by the constitu-tion of india and refusing admission to school without reason-able grounds is a gross violation of this right and can have disastrous consequences for the future of the child.The court passed an order on august 21, 2007 whereby the petitioner’s daughters were granted admission to the school and the petition was withdrawn with a successful outcome.

aBDUL ShaKeeL BaSha VS ncT of DeLhi This petition (2005) seeks to draw attention to the physical and sexual brutalities and atrocities committed by the police officials at the connaught Place police station on street chil-dren aged between 6-20 years, and action against the guilty policemen. in the year 2006, guidelines have been formulated and the department concerned has been directed to ensure strict implementation of the guidelines. The high court issued an order on September 20, 2006 to two organisations to formu-late guidelines for street children, and also issued notice to the secretary, ministry of child welfare, government of ncT, Delhi, to suggest ways and means to deal with the problem of street children. The court passed another order of significance on february 14, 2007 expressing its dissatisfaction in the manner of investigation and directing the chairperson, child welfare committee, new Delhi district to enquire into the alleged inci-dent and submit a report. court also requested the police com-missioner to look into the matter and take appropriate steps in-cluding registration of fir. in another order on January 9, 2008, the high court directed the ngo to produce the children before the crime branch for thorough investigation. furthermore, the court reinforced the ngo’s duty and the children’s right to take recourse to lawful remedies.

QUaLiTY care anD aLTernaTiVe for chiLDren VS STaTe of UTTar PraDeShThis PiL (2007) in the allahabad high court brings to highlight the plight of the children kept in appalling conditions in a juve-nile home in allahabad. The children were kept like slaves with-out even the bare minimum that they could expect under the provisions of Juvenile Justice (care and Protection of children) act, 2000. hrLn filed a PiL on behalf of Quality institutional care and alternative for children & educational resource. a division bench of the high court directed the district social and child welfare officer allahabad and superintendent, Juvenile home, allahabad to be present in the court. The court also directed the officers to provide proper warm cloths to the in-mates of the Juvenile home and directed medical examination of the inmates.

SUBraTa mUKherJee VS The STaTe of weST BengaLThis PiL (2007) was filed in the calcutta high court for imple-mentation of Juvenile Justice act in west Bengal. along with many other states, west Bengal had taken almost no action in implementing the act.The litigation demanded that JJBs and child welfare commit-tees and special juvenile police units be established in all dis-



tricts. The state government has taken initiative to form JJBs,

cwcs and SJPUs in all major districts of the state, under the

continuing oversight of the high court.

SUDiP mUKherJee VS The STaTe of weST BengaL

This PiL (2008) in calcutta high court challenged a portion of

The west Bengal right to information rules. citizens’ right to

information is essential to a free society, and this right must be

made available regardless of economic status. as a result of

the PiL, the state government is amending the rules.

ULLaSh KUmar VS DeParTmenT of women

anD chiLD weLfare & orS

a PiL (2007) in the Karnataka high court was filed in respect of

the treatment and harassment meted out to children brought

to the police station on petty offences. Some of these children

were missing and foul play on part of the police was alleged.

PUcL VS Union of inDia anD oTherS

hrLn’s petition (Supreme court, 2001) on behalf of PUcL ra-

jasthan essentially argues that the right to food is a fundamen-

tal right of all indian citizens, and demands that the country's

food stock should be used without delay to prevent hunger and

starvation. Supreme court hearings have been held at regular

intervals since april 2001, and the case has attracted wide na-

tional and international attention. Though the judgement is still

awaited, significant interim orders have helped people under-

stand that they are entitled to certain forms of public support

as a matter of right.

X* VS STaTe of KeraLa

a 17-year old boy was sentenced to life imprisonment in 1993

under the Juvenile Justice act, 1986. after the enforcement of

JJ act, 2000, the case was filed in the Kerala high court under

the JJ act, 2000. The boy was released after having spent 11

years in the jail as he was a juvenile at the time of committing

offence as per the new law.

STaTe VS X*

The case of a 16-year old in the Juvenile Justice Board, new

Delhi sought acquittal of the juvenile, X*. he was accused of

stealing a mobile phone along with three others. X* was kept

in the observation home for two months and was later released

on bail. after counselling of the juvenile and the family, X* is

back in school and the family is happy to have him resume a

normal life and are supporting him in every possible way.

naTionaL eDUcaTion TrUST VS STaTe of maharaShTra

Supreme court of india, new Delhi, 2008

a PiL to allow schools to remain open

This decision was handed down by the Supreme court, realis-

ing that blind formalistic adherence to judicial proclamations

cannot survive in the light of pressing practical considerations.

as a result of the order obtained, the schools were able to con-

tinue functioning and hundreds of students were not deprived

of their rights to education.

naTionaL conSULTaTion on STraTegieS for USing The

LegaL SYSTem To ProTecT chiLDren engageD in LaBoUr

Supreme court, new Delhi, 2006

report on child labour and the infrastructure and resources

required to implement the law successfully

This PiL considers the ban on child labour which, although wel-

come, can create problems if it is not accompanied by funded

programmes to rehabilitate, educate and care for the children.

The Supreme court ordered the petitioner to gather more data

which was done through a national consultation. This process

sought the opinions of 50 members from 12 states and pro-

vided a shared view of common issues as well as recommen-

dations for the future.*names withheld for confidentiality


cHiLd rigHts: puBLicAtions

Books

chiLD marriageS anD The Law in inDiaenglish, 2005editors: Bhat, aparna & Sen, aatreyee The book makes its mark in analysing the issue and revisiting the existing laws in child marriages and is of great use to activists, students and anyone working on or inter-ested in the issue of child marriage.

PUBLic hearing on PLighT of DomeS-Tic worKerS: a rePorTenglish, 2005editors: Bhat, aparna & Sen, aatreyeeThe report explains the definition of the do-mestic workers, legal protection to them and other aspects related to their work.

SUPreme coUrT on chiLDrenenglish, 2005editor: Bhat, aparnaThis compilation of judgements and laws are aimed at equipping lawyers and activ-ists with information to intensify the struggle for the rights of the children and for a future where children will be loved, respected and taken care of.

chiLD SeXUaL aBUSe anD The Lawenglish, reprint 2008editor: adenwalla, maharukhThis book analyses important judgement from india and abroad and is useful for advocate and ngos when they take child sexual abuse cases to court.

inDian LawS ProTecTing chiLDren: an informaTion BooKLeTenglish, 2006This is a compilation of the various laws re-lating to children.

PLan of acTion for worKing chiL-Dren in DeLhi english, 2006 This publication in association with Butter-flies aims at addressing the situation aris-ing from the notification declaring ban on employment of children in domestic work, eateries and dhabas.

PosTeRs

JUVeniLe JUSTice [care & ProTecTion of chiLDren] acT, 2000Language: hindi, Tamil, Telugu, english

ProhiBiTion of chiLD marriageS acT 2006Language: english

miD-DaY meaLLanguage: english

righTS of The VicTimS of SeXUaL aSSaULTLanguage: english, Tamil

FiLmeK Tha BachPan (LoST chiLDhooD)a powerful and poignant docu-drama, the film reveals the callousness of a juvenile justice system that strips a child off his innocence and renders him defenceless before the law.


according to UnaiDS, there are 33 million people living with hiV around the world and

there were two million aiDS-related deaths in 2007, including the death of 330,000 children.

india has one of the largest numbers of people living with hiV/aiDS, ranking third after

South africa and nigeria, with 2.5 million. Social and cultural prejudice continues to result

in routine discrimination regarding employment, property, right to marry, education and

healthcare matters. meanwhile, the glaring absence of a legal framework to protect the

rights of affected people makes the situation much more concerning.

Hiv/Aids & tHe LAw

HIV

/AId

s &

tH

e lA

w


2008 was an important year for people living with hiV/aiDS in india.The government

issued a 19-point proposal before the Supreme court – making provisions for

treatment, economic and other long-overdue support. Knowing we have contributed

to improving the quality of life for people affected by hiV/aiDS in india is proof that

hard work pays off and that the legal

system truly can work in support of

the people

Laya MedhiniSenior Advisor, HIV/AIDS & the Law Initiative


we brought a case to the high court at Kolkata on behalf of the west Bengal network of Positive People for more antiretroviral therapy (arT) centres and cD4 count machines to be provided in the state of west Bengal. The court accepted our arguments that people were being denied their right to life (and health) guaranteed by the constitution of india and ordered the government to establish an arT centre and cD4 count machine in every district of the state

Ambalika Roy, Coordinator, West Bengal Unit

Hiv/Aids in indiA

hisToRYThe first case of HIV in India was diagnosed in Chennai in 1986. Since then, there has been a slow recognition of the problems faced by people living with HIV/AIDS (PLHA) in India. It is generally accepted the world over that there must be a twin strategy for combating HIV/AIDS: prevention and treatment. The Indian government has, however, for too many years been focusing largely on prevention, with far less emphasis placed on treatment. As a result, many HIV positive people in the country have been left to purchase expensive antiretroviral (ARV) therapy without any government support.

FoRemosT ChaLLengesPLHA are stigmatised and face significant discrimination, which affects their access to widely accepted fundamental human rights, including health, life, education, employment and access to healthcare. Civil society must work with all stakeholders to overcome this – through education programmes, legal training, campaigning, advocacy and enforcement of rights.

There are also practical difficulties associated with HIV/AIDS prevention and treatment in a country such as India. For example, access to treatment and testing facilities in any state with only one or two ARV treatment centres may require people to travel many days to reach one of them. As such, they are away from their home and their employment, paying for travel and accommodation near the centre – all of which adds up to significant cost. As such, the choice often comes down to one between treatment and food, even where the drugs themselves are free.

Work with high risk groups is hampered by discrimination and unfavourable legislative provisions. For example, section 377 of the Indian Penal Code criminalising sodomy makes reaching out to men who have sex with men (MSM) more difficult. Similarly, certain provisions in the Immoral Trafficking (Prevention) Act,1956 create barriers in reaching out to commercial sex workers.

The HIV/AIDS & the Law Initiative’s core team.


oBJeCTiVesOur mission is to support HIV positive and affected persons against all forms of discrimination by defending their basic rights to life, health, privacy, education, housing and other matters. We do this by training and empowering stakeholders and community leaders to identify and resolve legal problems using a rights-based approach — thereby creating a self–sustaining mechanism.

The HIV/AIDS and the Law Initiative was established to create these mechanisms for redressal of human rights violations by setting up and running HIV legal aid centres, providing free legal aid to those affected by HIV/AIDS. A particular focus is to support vulnerable and marginalised communities such as women, children, transgenders, commercial sex workers, MSM and intravenous drug users (IDUs).

A key element of the Initiative is fostering partnerships with positive network groups, especially district level groups and their community leaders. This enables us to provide counselling and legal aid to as many people as possible.

Our Initiative has twenty legal aid centres in Delhi, Andhra Pradesh, Maharashtra (2), Manipur, Tamil Nadu, Gujarat, West Bengal, Kerala (2), Uttar Pradesh, Bihar, Rajasthan, Karnataka, Orissa, Madhya Pradesh, Haryana, Punjab, Sikkim, Uttarakhand and Goa.

The broad areas in which the Initiative carries out legal intervention are treatment, education, social discrimination, family discrimination, property rights, gender discrimination and guardianship issues.

SOLIDARITY & MOVEMENT-BUILDING working with groups nation wide to influence policy-makers

at the highest level.

LEGAL AID & PUBLIC INTEREST LITIGATION PiLs in the Supreme court and high courts for systematic

policy review of hiV/aiDS issues. individual cases to uphold individuals’ rights before district

courts, high courts and the Supreme court. Legal counselling, research and fact-finding missions where

human rights abuses have been reported.

PEOPLE’S TRIBUNAL iPT on hiV/aiDS in the north-east of india — the first of its

kind in this region of india.

PUBLICATIONS & COMMUNICATIONS ‘Know your rights’ posters in english, hindi, oriya, Bengali,

gujarati, marathi, and other languages.

hiV/aiDS and the Law book in english, hindi and other indian languages.

Brochures on obtaining legal aid in various languages.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING imparting knowledge of hiV/aiDS rights under domestic

and international laws.

Providing trainings and legal aid camps on hiV/aiDS related law, including using the constitution of india to protect the rights of affected people.

Bringing forward issues of concern to statutory bodies of the government working on hiV/aiDS.

a national judicial colloquium on hiV/aiDS and the law which created a platform for discussion on discrimination, treatment and other legal issues from a positive person’s perspective.

Activities

initiAtive overview


initiAtive impAct

In 2003, HRLN filed a petition in the Supreme Court on behalf of the Voluntary Health Association of Punjab (VHAP) calling on the Government of India to provide free antiretroviral (ARV) treatment to positive persons. Until that time, the government had focused its efforts in combating HIV/AIDS on prevention and treating opportunistic infections, but had no programme in place to provide positive persons with ARV drugs, despite their proven ability to greatly improve duration and quality of life. Under pressure from this petition and activist groups, the Government of India announced a programme in 2004 to rollout free ARV treatment to positive persons.

The HIV Initiative has convened five national

consultations on access to treatment, as a result of which thousands of people living with HIV/AIDS have benefited. Data gathered at these consultations have been used in our litigation before the Supreme Court, and in training programmes.

Our national judicial colloquium was the first of its kind on HIV/AIDS and the law in the country, bringing together 50 judges from the high courts and Supreme Court of India. The issues that were raised and the interaction between the judges, experts and members of the positive communities, were unprecedented. The meeting illustrated that once rights violations reach the courts, the judiciary would protect constitutional rights. The impact of the colloquium will be seen in the orders and judgements that are given from these high courts. In many states, the judges have displayed an interest in

activating the state legal aid mechanisms by training the lawyers to provide legal aid to those seeking legal redressal.

Research on access to treatment with specific regard to travel difficulties has resulted in a landmark PIL.

A writ petition in the Supreme Court regarding the termination of employment from the armed forces is a landmark case challenging policies of the government.

The Initiative is linked up with the national-level networks for positive people, allowing us to work with thousands of affected people across India. Our training and consultations empower people to push for policy and legal reform.

i am extremely grateful to the human rights Law network for having

prepared two excellent volumes on hiV/aiDS and the Law, a wonderful

collection of judgements and pronouncements. we as judges need

to use the tools available to us in fighting this epidemic

Hon’ble Mr Justice Altamas Kabir – Supreme Court of India


Hiv/Aids initiAtive: cAses*

VoLUnTarY heaLTh aSSociaTion of PUnJaB

VS The Union of inDia anD orS

Despite a steady rise in the rate of hiV infection, prior to 2004,

the government of india only had an aiDS prevention policy.

Treatment was not part of its duty. in 2003, hrLn filed a petition

in the Supreme court (2003) on behalf of the Voluntary health

association of Punjab (VhaP) calling upon the government to

provide free arV drugs to hiV positive persons. as a result,

treatment was accepted as part of government policy. This pe-

tition seeks the recognition and implementation of the right to

health and treatment of positive persons as a part of their right

to life under article 21 of the indian constitution.

maniPUr neTworK of PoSiTiVe PeoPLe

VS Union of inDia anD orS

northeastern part of india has one of the highest prevalence

of hiV in the country. Despite this, health and prevention

measures in the region have flagged behind the progress

in the rest of india. The state of manipur only had one cD4

testing machine in the whole state. The imphal Bench of the

gauhati high cort imphal (2006) ordered cD4 count ma-

chines should be available in every district of the state. fol-

lowing this success, the Delhi and west Bengal high courts

passed similar orders.

DeLhi neTworK of PoSiTiVe PeoPLe & LoVeLife

SocieTY VS Union of inDia & orS

This petition filed in the Delhi high court (2007) called travel

concessions upon the government to include people living

with hiV/aiDS in the category of ‘chronically ill persons’ for rail-

way travel concessions, making travel for accessing treatment

affordable. The PiL was successful.

XY VS aLL inDia inSTiTUTe of meDicaL ScienceS

as a result of the case, filed in the Delhi high court (2006) by

hrLn on behalf of the client, the high court ordered the gov-

ernment to provide a list of hospitals where our client could

obtain the treatment he required without discrimination or

other problem.

X VS Y

This petition was filed under article 226 of the constitution

of india in the Delhi high court (2008) for issuance of a writ

in the nature of mandamus or certiorari, order or direction to

the respondents against violation of the right to life (articles

14 and 21 of the constitution of india) via discrimination on

the grounds of denial of medical treatment. The petitioner was

aggrieved for being refused an operation on his right eye be-

cause he was an hiV positive.

BengaL neTworK of PerSonS LiVing wiTh hiV/aiDS

VS STaTe of weST BengaL

The calcutta high court (2008) ordered the state aiDS control

society for west Bengal to take instructions on setting up an

arT centre and cD4 count machine in every district, to enable

more people to access treatment.

LoVeLife SocieTY VS Union of inDia anD orS

This petition filed in the Delhi high court (2007) deals with the

need for an adequate supply of cD4 machines and antiret-



roviral drugs (arVs) in Delhi hospitals. accurate cD4 counts

are necessary to determine hiV infection, stages of the illness,

eligibility for drugs such as arVs and progress of the drugs.

Therefore, cD4 testing machines and arVs need to be widely

available to fight the spread of hiV/aiDS and to ensure the right

to health for people living with hiV/aiDS, as recognised by ar-

ticle 21 of the constitution of india.

XZ VS Union of inDia

Discrimination against those living with hiV/aiDS has been

found in various public and private sectors in india. This in-

cludes dismissing employees from service as soon as the

employer knows about their hiV positive status, even though

they can live a normal and physically active life for an indefinite

period. This case, filed in the Supreme court of india (2007),

has been brought on behalf of our client who was dismissed

from the army.

YZ & orS VS goVernmenT of ncT

There is lack of information in india about hiV/aiDS and avail-

able treatment; hence many PLhas who are looking for acces-

sible and cheap treatment fall prey to fake doctors or vaidyas

(traditional medicine doctors) who claim to treat and cure hiV

and aiDS, despite knowing that currently the virus is incurable.

hrLn took up the case in Delhi (Karkardooma court, 2007)

where a complaint was filed in the criminal court seeking com-

pensation for financial loss suffered by those who were misled

by the false doctor.

XY VS YZ

hrLn lawyers work on the day-to-day issues that affect people

living with hiV/aiDS. This case (rohini District court, 2008),

brought for a client who had lent money to someone but not

been repaid, is an example of such work and the everyday dif-

ficulties faced by people living with hiV/aiDS.

Books

hiV/aiDS anD The Law . VoL 1 & 2

English 2007, Hindi and other Indian lan-

guages, 2008

Editors: Medhini, Laya; Jain, Dipika &

Gonsalves, Colin

A human rights approach to HIV/AIDS is

based on the State obligations with regard to human rights

protection. The two volumes of HIV/AIDS & the Law in Eng-

lish and on in several Indian languages including Hindi

demonstrate(s) the indivisibility of human rights since the

realisation of economic, social and cultural rights, as well as

civil and political rights. Furthermore, the volume(s) state(s)

that a rights-based approach to HIV/AIDS is grounded in

Hiv/Aids initiAtive: puBLicAtions

concepts of human dignity and equality, which can be found

in all cultures and traditions.

JUDiciaL coLLoQUiUm hiV/aiDS & The Law

English, 2008

Editors: Jain, Dipika; Stephens, Rachel &

Medhini, Laya

The book covers the deliberations of the

national judicial colloquium on HIV/AIDS

held in May 2007 and illustrates how im-

portant it is for the judiciary to understand the nature and

extent of the difficulties experienced by people affected

by HIV.


The STrUggLe for acceSS To TreaT-

menT for hiV/aiDS in inDia

English, 2008

Jain, Dipika & Stephens, Rachel

The book documents the struggle faced

by those living with HIV/AIDS in India for

access to treatment.

againST manDaTorY Pre-mariTaL hiV

TeSTing in inDia

Author: Jain, Dipika

English, 2008

The book examines the ethical and consti-

tutional violations the mandatory HIV pre-

marital legislation is likely to rise to.

PosTeRs

Know YoUr righTS PoSTerS

English and Hindi

The poster educates people living

with HIV/AIDS on discrimination

against them.


refu

gee

rig

hts

REFUGEE RIGHTS reFugee rigHts There is no existing legislation in india for protection of refugees. as india is neither

a signatory to the 1951 Un refugee convention nor its 1967 Protocol, there is no

national refugee protection regime. in this scenario, the protection of refugees is

confined to ad–hoc measures taken by the government of india. Viewed as a threat

to national security and a resource drain, refugees have little protection of their civil

and political rights and no legal provisions for their safety and welfare. as such, they

are subject to arbitrary arrests, detention and deportation in violations of the basic

principles of the refugee protection and non–refoulment.


our mission is to assist asylum seekers, refugees and other displaced

populations in realising their basic human rights and accessing the justice

system. we do our best to ensure safe asylum, protection of human rights,

the promotion of justice and welfare of refugees in indiaMohd Saood Tahir

Director, Refugee Rights Initiative


reFugee rigHts in indiA

Since time immemorial, India has hosted refugees from various countries and provided asylum to them. However, as the refugee issue has, to a great extent, been overlooked in lieu of broader migratory topics, there has never been a policy or a law for refugee protection in the country. As such, there is no refugee rights movement. With the exception of a few individual activists and a couple of organisations, very few people work on refugee rights. Despite this impediment, most of the refugee groups have been assimilated and have been provided protection by India. However, the conditions of these

communities and the rights afforded them pales in comparison to those enjoyed by Indian nationals.

Our greatest obstacle is that the refugee issue has not been framed from a rights-based perspective. As such, our foremost challenge is to raise awareness among the government, judiciary and the general public that there are alternative ways of addressing migration. Ultimately, we want to help bring about a paradigm shift which supports refugees to a rights-based perspective. This is Refugee Rights Initiative's goal.

The Refugee Rights Initiative has been able to find durable solutions to refugees. Seeing a smile on their face after getting Indian citizenship has brought a deep sense of satisfaction to us

Ragini Trakoo Zutshi, Director, HRLN Refugee Rights Initiative (2002–2008)

Members of the Refugee Rights Initiative


Functional since 2001, the Refugee Rights Initiative (RRI) assists refugees in securing their civil and political rights by helping them acquire Indian citizenship, from which further economic and other rights follow.

To date, we have worked with people from multiple nationalities – including, but not limited to: Tibetans, Tamilians from Sri Lanka, Bhutanese, Somalians, Sudanese, Palestinians, Iranians, Iraqis, Burmese and Afghans. HRLN’s RRI team has distinguished itself as

Activities

being one of the very few groups to assist refugees and asylum seekers by way of counselling and legal aid and we take great pride in supporting this critically important under–served community.

Currently, the RRI team operates from offices in Delhi and Faridabad, Kolkota, Mumbai, Chennai and Port Blair. The RRI works as an implementing partner of the United Nations Refugee Agency, UNHCR. We assist refugees in securing, maintaining and improving

initiAtive overview

FILE RENEwAL The refugee certificate issued by Unhcr has to be renewed

every 18 months. at this time, the entire refugee family meets with our social workers for a current refugee reassessment status which includes legal/protection, socio–economic, medical/physiological, educational/vocational components as well as ample time to air grievances.

These activities are combined with efforts to identify durable solutions for the mandate refugees which include voluntary repatriation, naturalisation and third country resettlement.

approximately 6,500 refugees are interviewed annually by hrLn staff.

NATURALISATION eligible and interested refugees receive assistance in apply-

ing for indian citizenship through naturalisation. The entire submission and follow up process is handled by rri. regu-lar outreach programme for community mobilisation is con-ducted with community leaders and refugees.

To–date, more than 312 individuals have been naturalised.

LEGAL AID & PROTECTION INTERVENTION Legal aid is provided to refugees and asylum seekers. This

includes support in cases to secure residence permits, stop

their refoulement and as well as assistance with more rou-tine matters such as addressing issues with locals, land-lords and employers.

refugees are counselled and assistance is provided in crisis situations and for the registration of complaints by the refugees at police stations.

rri provides assistance to refugees arrested or facing de-portation. interventions are also made before various ad-ministrative authorities.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING Trainings sensitise the legal community on how to use the

existing laws for refugee protection.

activist trainings on refugee protection contribute to move-ment-building.

Sensitisation programmes for the Delhi Police.

a national consultation on the need for a refugee law.

CRISIS RESPONSE, INVESTIGATION & MONITORING missions have been done in mizoram to uncover why chin

refugees have fled myanmar en masse – thereby sensitising the public and easing tensions in border areas.


initiAtive impAct

our awareness–raising campaigns and naturalisation efforts have contributed to Afghans being able to attain Indian citizenship, thus bringing an end to their refugee status. It is envisaged that in the next two-three years, most eligible Afghan refugees would have applied for naturalisation with our team’s support.

The establishment of two new sub-centres (in Vikaspuri, Delhi and adjoining Faridabad) to assist refugees in acquiring Indian citizenship resulted in 413 individuals who have already attained Indian citizenship and 250 applications have further been accepted by ministry of home affairs for naturalisation.

Our sensitisation activities have resulted in bringing refugee issues into the public debate. Prior to HRLN’s work, refugee topics were regarded as a non–issue in

the general human rights discourse in India despite the fact that our country hosts millions.

Over the years, HRLN has assisted 6500 – 7000 refugees in certificate renewal, which automatically ensures that they get their residence permit renewed or extended. This is a particularly important milestone as it issues forth otherwise unattainable goververnment assistance including: financial assistance, psycho-social support, education, vocational training and employment assistance. Additionally, the permit provides access to durable solutions, including resettlement, local integration (citizenship of the host country) and voluntary repatriation.

The team’s efforts have averted refoulement, or ‘return of refugees to their country’, where they often face torture and other grave human rights violations.

the quality of asylum for the mandate refugees in India. As such, our lawyers and social workers provide legal assistance to refugees arrested or facing deportation.

Working in concert with multiple local partners across the country, the team believes in the convergence of issues which gives it an advantage over other organisations which are generally bound by particular mandates. HRLN’s assistance is often sought after by those supporting refugees.

Through its interventions and

consultations, the rri works

to bridge the gap between

displaced communities and

policy-makers


initiAtive on tiBet Tibetan resistance movement started in late 1950s as an armed guerrilla struggle. Though initially successful, it got subsided gradually by the end of 1959. The Tibetan people inside Tibet and in exile have been struggling for justice for past six decades -- facing almost every possible form of injustice. Millions of Tibetans have died and a vibrant culture and civilisation has reached the verge of extinction.

HRLN supports Tibetan people’s demand and struggle for Independence and pledges its support to struggle against the tyranny of the Chinese regime and is concerned about human rights violations of the Tibetans inside Tibet and Tibetan refugees elsewhere.

HRLN provides full-fledged legal support to Tibetans whenever they organise protests, demonstrations and rallies. Apart from this, HRLN has taken responsibility to conduct awareness and advocacy campaign in support of the Tibetan cause through its publications and meetings.

HRLN has been attempting to counter anti-Tibet propaganda. Even as HRLN works with the progressive Tibetan leaders, it has strong association with organisations like India-Tibet Coordination Office, Friends of Tibet-India, Tibetan Parliamentary and Policy Research Centre, Ghu-Chu-Sum Movement, Students for a Free Tibet, National Democratic Party of Tibet, Tibetan Women Association, Tibetan Youth Congress, Regional Tibetan Youth Congress-Delhi, Tibetan Solidarity Committee, Tibetan Centre for Human Rights and Democracy, several members of Parliament of Tibet in Exile, etc.


initiAtive on BurmA

Being an implementing partner of UNHCR, Human Rights Law Network is primarily responsible for providing legal assistance to all recognised Burmese refugees in India but definitely HRLN's intervention in the cause of Burmese refugees goes beyong mere legal assistance. In year 2004, following the arrest of several Burmese protestors , HRLN lawyers represented them and secured their release.

In year 2007, after a consultation meeting dated 29 Sep 2007 held at Jantar Mantar where a need of having an umbrella newtrok for supporting Democracy in Burma was felt, Human Rights Law Network took active participation in creation of Burma Solidarity Group and is an existing member of it.

Also one of the rarest and largest protests by Burmese refugees in India where over 600 Mizos and Burmese activists had joined hands , holding a rare rally calling it 'Mizoram for democracy in Burma' was organised on the streets of Aizawl, capital of Mizoram state, northeast India by Human Rights Law Network. This rally was considered to be the striongest assertion of Burmese Refugees in India. To create awareness about the plight of Burmese refugees, Human Rights Law Network made a documentary called "No Where To Run" which is though focused on plight of Burmese refugees in Mizoram, creates considerable understanding on the issue of Burmese refugees and their continued striggle for a Democratic Burma.

human rights Law network

is primarily responsible for

providing legal assistance to all

recognised Burmese refugees in

india


reFugee rigHts: cAses*

Ba aUng anD oTher VS The Union of inDia anD oTherSinternational law rarely is subjected to the scrutiny of municipal law. in this rare case of unique nature that comprised the brew of municipal law catering for the ultimate goal of securing hu-manitarian ideal of upholding individual’s right to freedom of life above the atrocities of the mother State and the reluctant igno-rance of an alien State. Two Burmese students fled from myan-mar fearing persecution as they belonged to national League for Democracy. on their way to Delhi they were arrested near Kolkata and after three years of trial they were convicted under Section 14 of the foreigners act and ordered to be deported to myanmar. a writ petition (maT 1858/2006) was filed by hrLn praying for stay on deportation and to permit them to go to Sweden that allowed them political asylum. even though india has not signed or ratified Un convention on refugees, The high court recognised and established a non-citizen’s right to life and the right not to be deported when feared persecution in their country. They were finally allowed to go to Sweden with the help of Unhcr.

Shri KranTi & anoTher VS Union of inDia & orS The foreigners act, 1946 gives the indian government ‘powers in respect of the entry of foreigners into (india), their presence therein and their departure therefrom.’ in the andaman & nico-bar islands, the act has been used to hold largely poor fisher-man in conditions that are in contravention of human rights and international conventions. in 2006, hrLn filed a PiL relating to the conditions under which the detainees are held, including beyond the completion of their sentences. The calcutta high court (2006) disposed of the application on the grounds of lack of concrete material showing “callous indifference on the part of the administration”. however, they admitted the peti-tioners have the right to apply again for future redress. The matter is now pending before the Supreme court.

Shri irSaYam & oTherS VS Union of inDia & oTherS This case upholds the right of seven indonesian sailors to be repatriated to their country of origin where no grounds exist for denial of said right. The petitioners approached hrLn and a letter was sent to the authorities on february 1, 2008. as no response was received, a petition was filed in the calcutta high court (february 2008) on behalf of the crewmembers. in an order of march 2008, the court instructed the assistant sec-retary (home), secretariat, Port Blair to look into the matter and

“take a reasoned decision with regard to the same in confor-mity and in accordance with law, preferably within eight weeks but not later than 12 weeks from the date of communication of this order”. Subsequently, the administration passed an order for the repatriation of the crewmembers to indonesia.

STaTe VS aBDUL maJiD The Judicial magistrate court, faridabad (2007) acknowl-edged that afghan refugees in india have a particular status that means that they should only require a valid residence permit, rather than a full passport. The defendant in this case was therefore acquitted of charges under the foreigners act, 1946 and the Passport act, 1967.

STaTe VS gafoor Zarin anD oTherS in this case in the metropolitan magistrate court, mumbai (2001), refugees were treated leniently for offences of forgery and dishonesty. This is in recognition of the desperation faced by many refugees who are forced to leave their country to find a secure future.

Ba aUng anD anoTher VS Union of inDia anD oTherS The calcutta high court (2006) decided that where refugees have been granted resettlement by Unhcr there such deci-sions would takes precedence. in this case refugees were detained and were due to be deported under the foreigners act, 1946, even though they had been granted resettlement in Sweden. actually, the petitioners were recognised Burmese refugees who had been convicted at trial for offences under section 14 of the foreigners act, 1946. The act sets out various conditions, which must be satisfied by non-citizens residing in india, including: registration with the authorities and holding valid passports. finding the petitioners guilty of being illegally present on indian territory under section 14, the trial court had ordered their detention and issued a deportation order. The petitioners were later granted resettlement in Sweden by the Unhcr.

mr anThonY omonDi oSino VS foreigner’S regionaL regiSTraTion office This case is an example of the courts protecting the right of asylum seekers. The Bombay high court (2005) clearly stated that while an asylum seeker has outstanding decisions pend-ing with the Unhcr the State might not deport them.



raJU VS The STaTe of TamiLnaDU, Uoi, anD The DiSTricT

coLLecTor, ViLLUPUram

raju, a Srilankan citizen residing at a refugee camp, filed a

petition in the madras high court (2005) over the failure of the

district collectorate to pay him the compensation due to tsu-

nami victims as declared by the union government. The case

resulted in a positive move by the district collectorate in recog-

nising raju’s right to compensation following the death of his

daughter in the tsunami.

Books

refUgeeS anD The Law – SeconD

eDiTion

english, 2007

editor: Zutshi Trakroo, ragini

This book goes beyond the confines of tra-

ditional refugee law. countries of South asia

have not signed the 1951 convention nor do

they have national legislation on refugees. in this context, the

volume is an attempt to bring out the intricacies of refugee pro-

tection in india. Special emphasis is placed on issues relating

to extremely vulnerable groups like children and women. The

aim is to facilitate the efforts of those engaged in advocacy for

the rights of refugees and issues relating to their protection.

PLighT of BUrmeSe refUgeeS in

miZoram: a PreLiminarY facT-finDing

rePorT

english, 2004

editors: gonsalves, colin & Verma, Preeti

The report narrates the pitiable condition

of the Burmese refugees in mizoram, india

and seeks the support of goverment of india and Unhcr to

prevent the eviction of refugee from india. it also highlights

the violence and atrocities perpetrated and seeks government

help in stopping the violence.

reFugee rigHts: puBLicAtions

PosTeR

free TiBeT PoSTer

hrLn extens full-fledged support to the

Tibetan cause

FiLm

nowhere To rUn : PLighT of BUrmeSe

refUgeeS in miZoram

english, 2004

This 21-minute film tells about the plight of

Burmese refugees living in the north-eastern

state of mizoram.


rigHt to Food in india, large–scale famines, chronic hunger, malnutrition and starvation deaths

are widespread. one in every two children remains malnourished, and two in

three women are anemic. many families in villages, towns and cities continue to

battle hunger. These people are essentially from the unorganised sector, such

as landless workers and artisans, socially oppressed groups like Dalits and

adivasis, single woman–headed households, persons with disabilities, elderly

people without care–givers, migrant workers and urban street children. in many

homes, people continue to sleep hungry. This concerning state–of–affairs

is attributed to misadministration of government funds rather than a lack of

natural resources. in fact, india is a fertile country which has been blessed with

the means to be a self–sustaining nation. however, due to misappropriation of

government funds and poor planning, the situation worsens daily. rig

ht t

o f

oo

d

Painting by Mayur Guldagad

92Human rigHts Law networkPhoto by Rajanish Kakade, courtesy Hindustan Times

Anup K SrivastavaDirector, Right to Food Initiative

The right to food is a basic human right and an essential part of, ‘the right to

live with human dignity’. Yet, farmer suicides, starvation deaths and widespread

hunger are commonplace in india. our work is about holding the government

accountable for feeding its people and using the legal system to increase

access to basic resources for the marginalised communities.


rigHt to Food in indiA

As a result of the food security crisis of the late 1990s, a group of activists under the banner of the People’s Union for Civil Liberties (PUCL) filed a case in the Supreme Court demanding that the right to food should be recognised as a legal right of every person in the country. HRLN took the case in 2001.

The Court accepted the argument that the right to food was a fundamental right apparent in Article 21 of the Constitution. As such, it made a series of interim orders which resulted in immediate, widespread relief.

While there has been a noticeable change in the situation after filing the PIL, PUCL vs UOI and Ors (writ petition 196, 2001), a large section of society is still deprived of basic food entitlement. This is attributed to continued

corruption, malpractice, and various policy level issues which have yet to be resolved.

Since the Supreme Court of India’s intervention in 2001, groups throughout the country have launched a national right to food campaign whereby government officials are monitoring the implementation of SC orders with greater scrutiny. While the government is promising that the peoples’ needs will be met by SC, implementation of the campaign’s schemes has been abysmal. This is reflected by the fact that malnutrition and starvation deaths increase yearly. Given the situation, the high courts of different states have acknowledged the mishandling of right to food issues nationally and have sought different directions to monitor the unjust situation in their respective states.

i am impressed by the pioneering role played by the

indian judiciary in enforcing this new and essential

human right (right to food). india is an example to rest of

the world. i hope that this example will enlighten all the

other country members of the United nations and help to

ensure the justiciability of the right to food for hundreds

of millions of men, children and women suffering from

hunger and starvation throughout the worldJean Ziegler

United Nations Special Rapporteur on the Right to Food


initiAtive overview

Currently, there is a PIL running in the Supreme Court in which milestone directions have been sought to ensure the ‘right to food’ for children, women, the differently–abled, elderly and the disadvantaged. HRLN is part of those who remain at the forefront of this battle.

ChaLLengesThe movement’s greatest challenge remains the government’s inability to recognise the current food security crisis which affects more than 70% of India’s people. One of the most relevant causes of food insecurity in India is the government’s present economic policy, political interference, strong state lobby, strong private sector lobby, a malfunctioning administration, and a budgetary provision which influences agriculture – thereby affecting food security schemes and implementation.

As indicated, HRLN is an integral part of the larger right to food movement in India. From examining the facts behind the food security crisis in the late 1990s and putting them on display at every public platform, to working in solidarity with PUCL and others on filing the PIL, PUCL vs UOI and Ors, (writ petition 196, 2001) in the Supreme Court, HRLN has played a central role in exposing the government’s ignorance and using the legal system to correct the situation. In addition to working in solidarity with India’s national Right to Food Campaign – a nationwide collective, we have also formed our own right to food campaign in order to maintain focus and resources on this critical struggle.An RTF associate from HRLN examining the job cards of workers employed under

NREGA in Jharkhand state


decentralising the initiative so that various food security schemes can be enforced at the state–level by NGOs acting independently.

To raise awareness of the increased discrimination against Dalits, single women, HIV positive people, differently–abled and dependent elderly people in public food security systems and to reduce discrimination faced by these groups.

To raise the issue of accountability in starvation death cases and ensure that Supreme Court orders hold senior civil administrators responsible for starvation deaths.

mission stAtement

To ensure availability of good quality foodgrains to the below poverty line (BPL), above poverty line (APL) and the destitute and marginalised people on subsidised rate with a quantity of 35 kg/month as directed by the Supreme Court.

To ensure proper operationalisation of all the integrated child development services (ICDS) centres and to take initiative for increasing the centres up to a significant number so that it would cover the target group to a sound extent.

To broad-base the public interest litigation initiative from the Supreme Court to the High Courts thus

article 21 of india’s constitution

enshrines the right to life, which can

be broadly interpreted as the right to

food, work and fair wages. Because of

the Supreme court’s order (PUcL Vs

Uoi), children in school get lunch now.

even if only one–fourth of the order is

implemented, it translates into millions

all over india …

From an interview with Colin Gonsalves, Sr. Advocate, Supreme Court of Inida, by Nora Boustany, Washington

Post, October 24, 2003P

aint

ing

by R

ashm

i Nai

k N

imba

lkar


ActivitiesLEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING increasing awareness among lawyers and activists through

conducting training on right to food colloquia.

Sensitising the judiciary through judicial colloquia to ad-dress food security interventions – national judicial collo-quium on the right to food, held in new Delhi was attended by 61 high court judges from 17 states (including four chief judges, and one Supreme court judge). The colloquium raised judicial awareness on stravation, malnutrition and the right to food.

Delhi lawyer and activist training workshops which impart knowledge about the right to food as a basis for bringing the issue to court.

State, national and international trainings sessions which allowed people to share experiences to improving under-standing of the national right to food campaign.

ADVOCACY & CAMPAIGNING Providing access to justice to those who are most adversely

affected by the food security crisis.

Undertaking legal advocacy campaigns for farmers, the aged, disabled and others.

organising public hearings, fact findings and rallies.

highlighting issues concerning the statutory bodies of the government related with food security.

LEGAL AID & PUBLIC INTEREST LITIGATION internationally recognised landmark cases such as the Su-

preme court (PUcL Vs Union of india).

Public interest litigation initiatives from the Supreme court to the high courts, thus decentralising the initiative so that the various food security schemes such as the mid–day meal scheme, icDS, nmBS, PDS, aaY, annapurna, noaPS, nfBS and nrega can be enforced at the level of the vari-ous states by ngos acting independently.

in last seven years, hrLn has filed 86 interlocutory ap-plications (ia) in Supreme court on hunger and starvation deaths, icDS, safe drinking water supply, breastfeeding, nmBS, BPL, PDS, noaPS, and others food related issues.

Legal aid across the country where right to food is violated.

To expand the legal literacy programme so that NGOs in each state are extensively trained in food security and law issues, thereby enabling them to take legal action independently.

To take up the issues of the exclusion of below poverty line (BPL) persons from the public distribution system (PDS) in the latest survey conducted by the Government of India so that millions of poor that have been wrongly excluded can be brought up once again in the BPL list and can thereby receive subsidised grain.

To reduce the maternal mortality rate (MMR) and infant mortality rate (IMR) by enforcing the directions of the Supreme Court.

To introduce all elderly and differently–abled people belonging to the BPL families, under the cash assistance

programme, thereby providing all eight food security schemes offered by the Government of India.

Core members of the RTF Initiative


HRLN remains at the forefront of legal advocacy in this arena which is evidenced by cases which have transformed the lives of millions of Indians. Representative achievements follow:

HRLN lawyers argued a historic case relating to hunger and starvation in India (PUCL Vs Union of India). This petition was filed and done by the PUCL and the PUCL was represented by Kavita Srivastava. This petition started in 2001 and is continuing in the Supreme Court until this day and is likely to go on for the next few years. Over 29 important decisions (orders of the Supreme Court) have been rendered in this case. Further details are listed in the following ‘select case’ section. The order was unique in that it proved the spread of hunger across India and sought relief for the poor with special emphasis on children,

women, SC/ST and primitive tribes, disabled persons and the aged. In a series of orders over the last seven years, the apex court has begun to tackle malnutrition and to both reform and strengthen the food security system in India. Ms. Mary Robinson, former high commissioner, UNHCR, has acknowledged the fact that PUCL Vs UOI is discussed widely across the world and regarded as the leading case on how to deal with issues relating to hunger, poverty and starvation.

HRLN’s solidarity and advocacy work has resulted in close collaboration with NGOs and grassroots organisations participating in the national right to food campaign. It is widely acknowledged that HRLN’s work has enabled these groups to enforce the court orders and also take the initiative to file similar petitions in the high courts of the states.

we have had drought for three years

and our fields are barren. There was not

enough food for our livestock, so we had

to sell them. our families are hungry and

we can’t even get ration cards without

bribing officials. So, what are we to do?A man from Chitrakoot speaking to the HRLN fact-

finding team

Field visit to see the implementation of the right to food Supreme Court order at Chitrakoot, UP

initiAtive impAct


rigHt to Food: cAses*PUcL VS Union of inDia & oTherS representing the People’s Union for civil Liberties (rajasthan), hrLn filed a PiL in the Supreme court in april 2001 – seeking legal enforcement of the ‘right to food.’ The Sc stepped in to stop the rot and corruption in the public distribution system and issued several orders strengthening various social security schemes. india is the first and only nation in the world to protect the right to food in its constitution. Though much work needs to be done in order to enhance service, delivery and access to the above stated rights, the outcome of this historic case is a major victory for economic, social and cultural rights glob-ally. with half of its women and children malnourished, india is home to the largest population of malnourished people in the world. The PiL exposed the excessive amounts of foodgrains rotting in government granaries, while people continue to die of hunger and starvation.

PeoPLe’S Union for ciViL LiBerTieS VS STaTe of raJaSThan The PUcL filed the accompanying special leave petition under article 136 of the constitution of india against the final judge-ment/order dated July 14, 2005, passed by the rajasthan high court (DB civil writ petition no. 4777/2005) on continuous food and nutrition supply by contractorship. Later on may 1, 2006, the Supreme court passed a judgement in favour to hrLn’S right to food campaign. instead of contempt proceedings, it would be appropriate if the high court shall take up the matter as a writ petition so that the matter can be appropriately dealt with.

eKTa ShaKTi foUnDaTion & orS VS goVernmenT of ncT Due to malpractices adopted by contractors, the benefit of icDS was not reaching the targeted beneficiaries to the chil-dren. The Supreme court accepted (2006) hrLn’s prayer and ordered that no contractor would be involved in supplying food and nutrition. Some contractors got an ngo registered in the name of ekta Shakti foundation and tried to obtain the supply orders. The government of Delhi found the practices and refused to supply supplementary nutrition products (SnP) to them. To counter the same, contractors filed a writ petition in the Delhi high court, but they dismissed their petition. con-tractors again filed another writ petition (civil) in the Supreme court, this time they got an interim relief by the Supreme court which is detrimental to the rTf campaign. To counter interim relief hrLn mentioned the same case in Supreme court. They understood hrLn’s issues in depth and gave a favourable judgement in our favour and completely banned contractor-ship for supply of food and nutrition.

raJ naraYan anD orS VS STaTe of UTTar PraDeSh This PiL (allahabad high court) was filed against the deep-rooted corruption in the implementation of the nreg Scheme in chitrakoot district of UP. The petitioner akhil Bharatiya Samaj Sewa Sansthan is a grassroots organisation having access in entire Bundelkhand area. This organisation filed several public interest litigations with the help of hrLn Uttar Pradesh Unit. The nreg act, 2005 got the ascent of the President of india on September 5, 2005. The object of the act is to enhance the livelihood security of the people in rural area of the country by providing at least 100 days of guaranteed employment to every household. in Section 17 of the act it has been mentioned that the gram Sabha shall monitor execution of work within the gram Panchayat and it shall also conduct social audits of all the project under the scheme taken up within the gram Panchayat. getting information about the corruption in the implementation of the scheme, akhil Bharatiya Samaj Sewa Sansthan director Bhagwat Prasad constituted a five members team to ascertain the said corruption. The committee, after getting permission of the district officials, did a commendable job in disclosing the corruption. Several applications were given to officials regard-ing the corruption but no action was taken.

Sachin KUmar Jain VS STaTe of maDhYa PraDeSh The enforcement and implementation of the Supreme court directive which was given in the case of PUcL Vs Uoi (writ petition civil no. 196 of 2001) regarding the ready to eat food which is provided as a supplement in icDS programme. it has been directed by the Supreme court that if ready to eat food is given it must be made with the help of self help groups, mahila mandals and other marginalised communities. But irrespective of this, the government has given the tender to the big com-panies which is a sheer violation of the rights under article 21, “right to life which is enjoined with right to livelihood” resulted in the contractorship banned foodgrains to the anganwadi cen-tres under icDS scheme.

high coUrT on iTS own moTion VS STaTe of maharaShTra orSThe suo moto petition was filed by the Bombay high court (2004) as the number of child deaths due to malnutrition in the state of maharashtra was increasing day-by-day in spite of many welfare schemes. in 15 tribal districts of the state in the year 2003-04, the child mortality was 8,321 while in the years 2004-05 and 2005-06 it was 8,003 and 7,700, respec-tively. That means there was only a marginal decrease in child



deaths despite the claim of the state government that various welfare schemes were launched in the tribal districts. The state government constituted child mortality evaluation committee under the chairmanship of Dr abhay Bang. The committee submitted two reports. The first report dealt with improving reg-istration of the infant deaths and the child deaths in the tribal areas and in the second report, measures to be taken for curb-ing infant mortality, child mortality, maternal mortality and mal-nutrition in the tribal districts of the state. But the figures show that the steps taken were inadequate and ineffective. The high court accepted and considered the recommendations given in the two reports by abhay Bang committee and issued the fol-lowing direction: The state government shall make functional additional 12684 anganwadi centres as per the government of india guidelines by october 31, 2006. failure to do so shall expose the principal secretary, women and child develop-ment department and action under the contempt of courts act, 1971 taken. To achieve the malnutrition and maternal and child death free villages and felicitate such villages, the state government shall give responsibility and appropriate funds to gram Panchayats and self-help groups to control the children deaths in the state.

aKhiL BharaTiYa SamaJ SeVi SanSThan VS STaTe of UPThere are several welfare schemes run by governments but the people-at-large are not getting the benefit of schemes. in the 73rd amendment of the constitution, there is a provision in article 243 ZD that every state will form a district planning com-mittee with a major role in preparing, scrutinising and scanning of various plans of the rural and urban areas. The planning commission has also declared backward region grant fund (Brgf). This scheme is to be implemented directly through Panchayat raj institutions and funds be transferred to the dis-tricts directly from the central government but in Uttar Pradesh so far district planning committees have not been formed. rupees 634 crore was allotted to 34 districts of Uttar Pradesh but due to non-formation of committees this fund could not be used so far. The high court (2007) enforced article 243-ZD in order to form to the district planning committees. The empha-sis is particularly on the districts in the Bundelkhand area.

Sh VeD PraKaSh gUPTa VS STaTe of PUnJaB & oTherS Ved Prakash gupta filed a petition (Punjab & haryana high court, 2005) under article 226/227 of the constitution over the inability of the government to implement its own schemes en-suring the right to food of vulnerable sections who could not even afford food required for their minimum subsistence. The case reveals a blatant violation of basic human rights by gov-ernment officials causing health hazards to children, pregnant women and nursing mothers, which is a clear violation of ar-

ticle 21 of the constitution. it however resulted in a positive outcome with the high court accepting gupta’s demands.

aJaY miShra & orS VS STaTe of chhaTTiSgarh The petitioners, ajay Kumar mishra and others, approached the Supreme court of india (2005) to challenge the constitutional va-lidity of clause 9 of the chhattisgarh PDS (control) order, 2004 which provided for the allotment of fair price shops to coopera-tive societies and other types of societies, LamPS, forest protec-tion committees, and discontinues the then existing scheme of running of the said shops by the private persons. The petitioners contended that it infringed the fundamental rights enlisted under article 14, article 19 (1) g and article 21 of the constitution of india. it was also alleged that it was in contravention of Preamble and Directive Principle of the State Policy of the constitution of india. as the present enactment is not in tune with the socialist goals set out in the Preamble and Part iV of the constitution i.e., Directive Principles of State Policy and by the virtue of this en-actment the equals are treated unequally. They implicitly relied on section 56 of the indian contract act, 1870 by virtue of which after the expiry of six-months period from the date of enforce-ment of the order 2004 the appointment would be void. in light of these arguments and contention, the high court dismissed the writ petition after finding that the aforesaid enactment as constitutionally valid on the ground that it did not infringe any of the alleged provisions of the constitution of india. hence, the petitioners moved the Supreme court by the means of special leave petition, which is subsequently pending.

raghUVeer Singh gonD VS Union of inDia & oTherS raghuveer Singh gond and others filed special leave petition before the Supreme court after the dismissal of writ petition under article 226 of the constitution of india. They have in-voked their right to extraordinary jurisdiction challenging the constitutional validity of a control order known as chhattisgarh PDS (control) order, 2004 enacted by the state government. The petitioners alleged that this impugned legislation is in con-travention of article 14,19 (1) g, 19(6), Preamble and Directive Principle of State Policy of the constitution of india. The chhat-tisgarh high court found it constitutionally valid as it was found consistent with the provisions enshrined in the constitution of india and subsequently dismissed the writ petition. hence the petitioners have moved the Supreme court by SLP, which is subsequently pending.

amiT KUmar Jain VS STaTe of raJaSThan The petition filed in the rajasthan high court (2005) charged that the state authorities have given undue power to the tender committee, causing a breakdown in the distribution system. Lac-tating mothers and children are meant to receive nutritious food


from the anganwadi centres and village communities, mahila

mandals and self-help groups are to be responsible for buying

grains and preparing food. according to guidelines in the right

to food case (writ petition 196/2001, PUcL Vs Uoi), contractors

are barred from the role of distributing nutritional support to ben-

eficiaries in anganwadi centres. The petitioner cited that funds

for the integrated child distribution services (icDS) were mis-

managed and that tenders gave preferential treatment to certain

parties (Kota Dal mill, Kota and JVS food), while no provisions

were given to self-help groups, mahila mandals and village com-

munities. The respondents primarily issued tenders to select

manufacturers – meethey & namkeen murmurey, Baby mix and

rajasthan mix – indicating partiality and lack of accountability

by the tender committee. Since 2003, new beneficiaries who

qualify for tenders have not been given their allotment and previ-

ous recipients have continued to receive tenders, but there is no

indication as to when reevaluation of families who meet qualifi-

cations will take place. The high court added its opinion: “Such

writ petition is wholly misconceived and misplaced.”

g TamiLaraSan VS STaTe of TamiL naDU anD oTherS

The petitioners seek a writ of mandamus (madras high court,

2005) issued to the state of Tamil nadu for proper implementa-

tion of the PDS scheme and investigate into the black market-

ing of kerosene. The writ also demands for the criminal pro-

ceedings against the concerned officers. in the order of march

20, 2006 the high court directed the respondent to conduct an

enquiry and file an action report within three months.

righT To fooD groUPS VS STaTe of JharKhanD

a civil writ petition (Jharkhand high court, 2008) in the nature

of PiL under article 226 read with articles 14, 21, 42 & 43 of

the constitution of india seeking a writ of mandamus for proper

implementation of all the schemes relating to right to food and

further seeking implementation of the orders of the Supreme

court of india passed from time to time guaranteeing food. The

petitioners seek the present writ petition for the kind intervention

of the court for directing the state of Jharkhand for implementing

the orders passed by the court in writ petition (civil 196/2001)

and also various schemes formulated by central and state gov-

ernments under right to food. This petition has been filed to

show the non-implementation of the various schemes of right to

food in Jharkhand. hence, the petition has been filed.

SeLf heLP groUP Jai maTa Di anD oTherS VS The STaTe

of raJaSThan anD oTherS

This civil writ petition (rajasthan high court, 2008) concerned

the provision of clean drinking water to village raghunathpura,

tehsil Devli, district Tonk. an interim orders were passed on Jan-

uary 24, 2008 directing the collector of district Tonk to ensure

supply of two tankers of potable water daily in the village raghu-

nathpura, tehsil Deoli, district Tonk. The additional government

counsel submitted that the respondents had complied with the

interim order of January 24, 2008 and that the village would be

supplied drinking water adequately once the regional water

supply scheme became operational. The judge disposed of the

writ petition, stating that the interim orders remain operative until

the regional water supply scheme was operational.

ViDYa Dham SamiTi VS STaTe of UP

This petition (allahabad high court) concerns the nine starvation

deaths and five suicides in the village of nahari and others in the

district of Banda. The petitioner has filed this public interest peti-

tion for and on behalf of the family of the deceased seeking the

punishment of the official responsible for the starvation death

namely the collector and district magistrate of Banda, Uttar

Pradesh and for compensation. The chief secretary and the col-

lector and district magistrate of Banda were responsible for de-

liberately neglecting the starving condition of the deceased as a

result of which the deaths took place. So, this petition highlights

the violation of the human rights by the authorities as provided

in article 21 of the constitution of india.


PosTeRsrighT To fooD anD worK PoSTerS in SeVeraL

inDian LangUageS

nreg acT, 2005

The poster illustrates salient features of the

national rural employment guarantee act,

2005 in hindi.

FiLmaSSaSSinaTion : an hrLn fiLm on

STarVaTion DeaThS anD The righT To

fooD camPaign in inDia (VcD formaT)

english, hindi, Telugu, Bangla, Tamil, marathi –

2006

BooksrighT To fooD – ThirD eDiTion english, 2008This edition records the huge achievement in the shape of the Supreme court orders on the integrated child development ser-vices (icDS) between the second and this edition of the book.

fooD SecUriTY anD JUDiciaL acTiViSm in inDiaenglish, 2007editors: higgins, michael & nautiyal, SureshThis book comprises the expert analysis of leading commentators and judges on the food security situation in india, the current implementation status of Supreme court

orders and food-related schemes and the role of judicial activ-ism in securing the right to food.

BhoJan Ka aDhiKar SeconD eDiTion (righT To fooD)hindi, 2007compilation: hrLn TeamThis hindi version of the ‘right to food’ pro-vides the resources and materials on which the campaign for the right to food in india must be based. contained in the volume are the multiple orders of the Supreme court, re-

sulting from the case of PUcL v. Uoi and ors. also contained is the entire collection of reports by the commissioners to the Supreme court, assessing the implementation of the orders.

a Brief hiSTorY of STrUggLe againST hUnger in UTTar PraDeShenglish, hindi, 2005editors: rai, KK; Srivastava, anup Kumar; nagvanshi, Shruti Singh & Prasad Shivas the title goes, the booklet talks about the struggle against hunger in Uttar Pradesh in historical perspective.

rigHt to Food: puBLicAtions


most organisations which intervene post–disaster do so through State

partnerships or required State–authorisation for effective programme

implementation. This compromises their ability to question the State on its

post–disaster response. hrLn is unique in the sense that it is not bound by

these dynamics. as an independent organisation, which takes a rights-based

approach to post–disaster relief and rehabilitation, it has the advantage of being

able to ensure transparency and accountability in all its work.EmEr

gEn

cy

& D

isas

tEr

rEsp

on

sE

emergency & disaster response

Painting by Gaurav Borse


hrLn worked on a series of cases

to compel the government to make

houses, provide water, restart the

medical centres, upgrade sanitation

facilities and pay compensation

initiAtive overview

The Indian Ocean tsunami of 2004 is one of many disasters India has been faced with in the recent past. Despite an almost annual occurrence of major disasters, India is yet to develop a comprehensive domestic strategy to manage disasters: whether of an unprecedented scale such as the tsunami, or smaller, such as the Mumbai flood of July 2005.

Areas of Bihar experience floods routinely; coastal Andhra Pradesh and Gujarat deal with cyclones; major earthquakes have occurred in Maharashtra, Uttarakhand, Gujarat and recently in J&K. In July 2005, the floods in Mumbai once again exposed the unpreparedness of civic authorities and the shockingly poor state of disaster management services in the country.

Each disaster has been met with a massive response from the Indian and international community. While the initial response is undoubtedly heartening, the crux lies in ensuring the implementation of successful long-term rehabilitation and reconstruction strategies. Often, as the relief phase ends and public and donor interest wanes, the onus is on victims themselves and civil society groups to ensure that every policy announcement benefits those

it was intended for and every rupee promised reaches the victims. That the policies follow basic principles of sustainable development and envisage and allow for the participation of the affected communities is also critical.

Just as disasters provide an opportunity for change, the process of recovery also requires constant vigilance and monitoring on many fronts. Systems of accountability need to be in place and continuing assistance and protection must be provided throughout the reconstruction and rehabilitation process. Steps must be taken to arrest spending on inappropriate or poorly conceived aid programmes. Corruption and misuse of aid money must be checked. The utility of programmes and pattern of government spending of huge sums of aid must be evaluated.

To assist local organisations in monitoring the relief and rehabilitation activities and to assist victim communities in navigating through the maze of policies and processes, HRLN has responded in times of such disasters by providing direct legal assistance, organising legal awareness camps and conducting fact findings.

The Port Blair team with Nina of the DCA


initiAtive impAct

Tsunami ResPonse in The anDaman anD niCoBaR isLanDsFollowing the earthquake and tsunami on December 26, 2004, HRLN members visited affected areas in Tamil Nadu and the Andaman and Nicobar Islands.

andaman and nicobar islands: HRLN members visited all the affected areas on the islands and met with victims. These included tribal and non-tribal residents of the islands. Collaborations were formed with the different tribal councils and various citizens' groups and committees during our stay on different islands. The intervention was planned to focus on three aspects of post-disaster relief and rehabilitation, (i) monitoring the formulation of relief and rehabilitation packages and the equitable disbursement of the same, (ii) providing direct legal assistance to affected people, (iii) ensuring dissemination of information regarding government relief packages through trainings and community level

Joginder Nagar, Great Nicobar: Tsunami devastation

interactions. An office was set up in Port Blair which functions as the administrative capital of the A&N Islands. Field staff visited every island and at the end of the first year, 900 applications from one island alone were submitted to the Lok Adalat.

The intervention in court included a petition for continuing the supply of free rations to affected individuals till such time as the livelihood situation did not improve. Consequently the Kolkata High Court, Port Blair Circuit Bench ordered that supply of the rations continue for at least another six months.

A significant part of the work involved routine monitoring of the rehabilitation process and reports were brought out to create awareness about the situation on the ground. These reports were widely disseminated amongst other groups, the administration and its various departments as well as used in the petitions in court.


As a result of the PIL done in the High Court at Port Blair and in the Supreme Court (Kranti vs Union of India) orders were made to effectively provide food security to over ten thousand families, restored the livelihoods of fishermen, shopkeepers and farmers and ensured distribution of free rations for years. The orders assisted 1,200 families from marginalised communities to qualify for government–assisted housing, and ensured that the tribal residents of the islands and other marginalised members of society received the relief and rehabilitation that was due to them. Over 2,000 claims were filed with the permanent Lok Adalat in the Islands resulting in many favourable orders on relief and rehabilitation.

Tamil nadu: HRLN members conducted a detailed survey of Chennai and adjoining areas to gather data on the relief and rehabilitation measures adopted by the

government and highlight instances of discrimination and cases where affected people were left out of the rehabilitation process. A case was filed at the Madras High Court regarding the rights of the fishing community residing along the coast.

In collaboration with several organisations, HRLN lawyers continue to provide critical legal support.

eaRThQuake ResPonse: BhuJ, guJaRaT 2001On January 26, 2001, the state of Gujarat was hit by a devastating earthquake measuring 8.0 on the Richter scale. Thousands lost their lives and millions were rendered homeless. HRLN responded by establishing a temporary unit for one year to help victims process their claims for compensation and rehabilitation.


Based on HRLN’s assistance in terms of processing claims and simplifying procedures, thousands of people overcame discriminatory filing procedures and social norms to receive rehabilitation packages. In particular, widowed women, the scheduled castes, tribes, poor Muslims and the people of Anjar and Bhachau talukas of Kutch district, and illiterate people were those who otherwise would not have received the packages for victims in the nature of cash compensation, housing and relocation.

The team organised four Lok Adalats (mass settlement fora) wherein over four days 20,000 claims were settled. The entire project resulted in relief for more than 100,000 persons in a span of a year and a half.

The Gujarat government had announced cash compensation, housing and relocation for victims depending on their losses. However, implementation was slow and often discriminatory. Affected people had a limited understanding of government schemes. There was no clarity about processing of claims, more so as schemes changed frequently and deadlines to file claims were not widely circulated. This resulted in a large number of people being left out of the rehabilitation process. Working from an office in Adipur town, Anjar district, lawyers and volunteer students assisted victims in processing claims or rehabilitation, concentrating on Anjar and Bhachau talukas of Kutch district.

The team started work five months after the earthquake, when the people were braving a monsoon living in tents. Poor people bore the brunt. In many cases in-laws denied widowed women access to compensation. In practice, the scheduled caste and tribes and poor Muslims were systematically excluded from government schemes. The problem was more serious in cases where a village

was given in adoption. Villages were relocated through agencies willing to buy alternate land and relocate the entire village. The permission to relocate a village was given on the basis of a decision taken by the village's Gram Sabha (local authority). Unfortunately, the Gram Sabha neither consulted the scheduled castes and tribes nor the poor Muslims. As a result, many villagers were left out of the relocation packages and often, villagers made applications for the survey of their houses without realising that they would never be surveyed. In Gujarat, our volunteers helped the Ombudsman appointed by the High Court in following up with local authorities to expedite claims throughout Kutch district. The team then partnered with the Gujarat Legal Services Authority in Bhuj Taluka, providing similar services to those provided in Bhachau. The team organised four Lok Adalats (mass settlement fora) where in four days over 20,000 claims were settled. The entire project resulted in relief for more than 1,00,000 people in a span of one year.

eaRThQuake ResPonse – LaTuR, mahaRashTRaIn 1993 an earthquake struck the villages of Latur and Osmanabad districts of Marathwada region in Maharashtra killing ten thousand people.

HRLN convened to conduct an enquiry as to why a World Bank contribution of Rs.1,080 crores for house construction was never implemented. This was a particularly important intervention as it brought to light the fact that while the government responded quickly to the disaster, assistance abruptly stopped. Justice R A Jaghirdar, former judge of the Bombay High Court led the process. The tribunal resulted in a report titled ‘Enquiry into the Relief Schemes in the Marathwada Earthquake Affected Villages’.


HRLN worked on a series of cases to compel the government to make houses, provide water, restart medical centres, upgrade sanitation facilities and pay compensation. The petitions were successful and extensive orders were passed by the high court. The government carried the matter in an appeal to the Supreme Court. As a result of the litigation, the government was forced to implement the rehabilitation scheme. The case was monitored for seven years by the Supreme Court with the assistance of HRLN which resulted in enhanced benefits to victims as well as inclusion of victims in the list of beneficiaries entitled to relief. Among other highlights, our work enhanced benefits to victims and as well as inclusion of victims in the list of beneficiaries entitled to relief.

mumBai FLooDIn response to the floods the Mumbai unit in collaboration with several prominent citizen's groups gathered relief material to offer direct assistance to affected people. This involved a special focus on disabled persons living in slums and low-lying areas. A case was also filed before the Mumbai High Court, for compensation for the dead and missing.

kashmiR eaRThQuakeThe Kashmir Unit volunteered with other organisations to work for the earthquake victims. It assisted the people in filing applications for relief and getting their claims. The unit also intervened and filed many cases for the proper disbursement of the relief as promised by the government.

emergency & disAster: cAse*

The DeciSion of The BomBaY high coUrT in S. KriShna

DaS VS The SecreTarY (rehaBiLiTaTion), goVernmenT

of maharaShTra

Bombay high court

The decision of the Bombay high court in S. Krishna Das Vs

the Secretary (rehabilitation), government of maharashtra is a

landmark judgment on disaster reliefs. The petition related to

an earthquake which occurred in the state of maharashtra on

30.9.1993 as a result of which 8,000 persons died, 16,000 were

injured and property was devastated over 13 districts of the

state. The government adopted an earthquake rehabilitation

Policy, which required the government to make houses and

infrastructure and provide for economic and social rehabilita-

tion. Despite funds being available the state defaulted in the

making of the houses and in providing rehabilitation. The high

court appointed a commissioner on 6.4.1995 and in his report

the commissioner pointed out gross irregularities in the im-

plementation of the rehabilitation programme. hrLn was the

petitioner through a social activist S. Krisha Das who began to

live in the earthquake affected villages to carry out a door-to-

door survey and he remained in the area for 3 years. it was on

account of his painstaking work and the data that he provided

to the high court ultimately resulted in the government being

forced to fully implement the rehabilitation package. reference

must be made particularly to the Senior Judge on the Division

Bench Justice B.n. Deshmukh, who was an extraordinary man

who took the case on a priority basis for months and forced the

government to spend all the available resources for rehabilita-

tion. entirely on account of this public interest litigation the

houses were rebuilt and the people rehabilitated.



ENVIR

ONME

NTAL

JUST

ICE

Denied access to clean water and natural resources, displaced from self-

sustaining agricultural land as well as urban slums, flooded out of river-side homes

for construction of a dam or forced to make-do with the devastating social and

environmental ramifications of mining, it is clear that india’s natural resources are

being auctioned off to the highest bidders – rather than enjoyed and managed by

local communities.

ENVIRONMENTAL JUSTICEENVIRONMENTAL JUSTICE


environmentAL Justice

People do want development,

but development that is

sustainable, development

that does not destroy their

resources, culture and identityConclusion: Independent People’s Tribunal on

Dams in Arunachal Pradesh

The environment movement once stood at the fringes of the human rights movement. Today it stands centre stage. The nexus between the environment and life itself indicates that the struggle for a healthy and sustainable environment is a move towards changing society. Environmental justice can be achieved only through upholding the environmental rights in a way that ensures that no individual or group is disproportionately burdened by environmental hazards or benefited preferentially from environmental resources and services.

The distressing part, though, is the increasing rift between environmental and human rights activists. Environmental law is often monopolised by upper class groups who ignore the plight of the poor. Thus, slum dwellers continue to be evicted as part of beautification programmes and indigenous communities evicted from forests.

The Bhopal gas disaster taught industrialists a memorable lesson. If you can get away with Bhopal , you can get away with anything. Poor people don't count. The tragedy of Bhopal was that the gas leaked into the quarters where poorer people lived. Had the toxic cloud drifted in the direction of the Secretariat, the Bhopal litigation may have taken a different turn. History repeated itself when activists from the Narmada Bachao Andolan approached the Supreme Court, protesting against the construction of a multi-dam project and the consequent displacement of thousands of tribal people. Despite a scathing indictment of the project by experts and even the World Bank, and the unwillingness of the government to rehabilitate the dispossessed, the Supreme Court gave it the green signal. In 2005, the Tehri dam was finalised and the water levels rose flushing out poor villagers who were yet to be rehabilitated.


LEGAL AID & PUBLIC INTEREST LITIGATION Litigation in the Supreme court includes cases on silicosis,

the banning of asbestos, pesticides in the environment and food, and the protection of forests.

State litigation includes cases pertaining to the disposal of bio-medical waste, the closure of brick-kilns in agricultural areas, implementation of rainwater harvesting, children disabled due to groundwater contamination and restoring Dalits' rights to use of a public pond which had been confis-cated, and displacement of people for dams.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING workshops are targeted to communities, environmental

groups as well as lawyers in order to increase the under-standing of the most pressing environmental issues and establish legal strategies to tackle these issues.

Training grassroots organisations and communities to criti-cally analyse environmental impact assessment (eia) re-ports and environmental management plans in order to take part in environmental decision-making.

ADVOCACY & CAMPAIGNING Topics include tackling environmental and occupational

health issues and exposing the effect industrial projects

have on local communities. an example includes support-ing a struggle group in Kerala against the pollution of river Periyar by local companies.

CRISIS RESPONSE, INVESTIGATION & MONITORING The eia initiative undertakes objective research and docu-

mentation by equipping grassroots organisations and com-munity members to critically analyse eia reports and envi-ronmental management plans.

a study was conducted in west Bengal on soil erosion and silting which caused widespread displacement as a basis for brining evidence to court.

ACCESS TO JUSTICE & PEOPLE’S TRIBUNALS The iPT on environment and human rights in itanagar, ar-

unachal Pradesh exposed the grave situation faced by those displaced or otherwise negatively affected by state projects, including the construction of dams.

PUBLICATIONS & COMMUNICATIONS eJi publishes materials pertaining to public participation in

environmental law. The environmental activists handbook and posters in local languages on eia notification are in great demand.

Activities

While on the one hand numerous laws have been enacted for environmental protection, on the other, a move was made to dilute the Environmental Impact Assessment Notification in favour of vested interests. A National Environment Policy was proposed without any consultation with community groups or environmental organisations. An anti-poor approach coupled with poor implementation of laws has jeopardised the most basic rights of vulnerable communities – indigenous communities, labourers, farmers, women, and other marginalised communities. They continue to be denied access to clean water and natural resources, suffer ill health and are denied livelihood options.

The brutal response to peaceful struggles against displacement and for livelihood at Kashipur and Kalinganagar show that neither the environment nor the survival of the poor is of any concern to the government. Unashamed, the authorities continue to auction off previously untouched lands to corporate interests. M ining, large dams and ports, linking of rivers and several other unfeasible projects pass the muster when it comes to the EIA process. Archaic paradigms of ‘development' continue to govern law, policy and court decisions.

The coming together of environment and human rights is of vital importance today. The Environmental Justice


initiAtive overview

The EJI team firmly believes that the right to a clean environment is a basic human right. As such, it has been actively involved in fighting environmental degradation that affects the lives and livelihoods of communities. Supporting the poor and other marginalised members of society is a specific focus, given the degree to which these individuals suffer from environmental-related rights abuses the most.

The EJI team believes that environmental justice can be achieved only through upholding environmental rights in a way that ensures that no individual or group is disproportionately burdened by environmental hazards. Further, we wish to ensure that no group benefits

preferentially from environmental resources and services. As such, we work on a range of issues which have become increasingly critical to address in this era of corporate-led globalisation where the government of India is working closely with corporates and international funding agencies on ‘development’ programmes which only benefit the elite.

The EJI team provides legal aid and public interest litigations, workshops, campaigns, people’s tribunals and publications on environmental issues ranging from pollution and coastal zone regulation to sanitation issues faced by urban slum dwellers to mega-dam displacement projects.

Initiative (EJI) attempts to make any intervention in environmental protection more sensitive to human well being without compromising on environmental protection and conservation strategies. Besides, the effective enforcement of environmental rights lies in

equipping communities to take part in environmental decision-making. The EJI firmly believes that the right to a clean environment is a basic human right, and has been actively involved in fighting environmental degradation that affects the lives and livelihood of the poor.

EJI’s impact has been widespread across issues as well as regions. Highlights follow:

The workshops and consultations organised by EJI have resulted in important collaborations. One result was the establishment of the environmental clearance watch (EC Watch) campaign. Set up following the 2005 meeting at Mumbai, this ‘watchdog’ network

initiAtive impAct

ensures that development projects undergo a proper environmental clearance process.

In a Kashmir PIL regarding the disposal of bio-medical waste and shifting of the Valley’s largest dumping site, the court has directed for shifting the dumping site.

A writ petition filed in the J&K High Court for the closure of brick kilns that are located near agricultural


land resulted in a stay order – thereby closing down the brick kilns which prevented further impact on the environment and enabled local farmers to restore their livelihood.

A PIL filed to stop quarrying activities in coastal areas resulted in an interim order by the Gujarat High Court cancelling quarrying licences.

Water-focused projects include litigation resulting from fact-finding missions investigation into the pollution of rivers in Varanasi, a PIL in West Bengal against water logging arising out of construction of the new metro line in Kolkata, and the dumping of solid waste and oil by vessels into the ocean in Port Blair.

As a response to the petition (CORD Vs State of Madhya Pradesh), a forest bill has been drawn up which has been presented to the parliamentary standing committee. This PIL has brought the issue

a writ petition filed in the J&K high

court for the closure of brick kilns

that are located near agricultural land

resulted in a stay order – thereby

closing down the brick kilns which

prevented further impact on the

environment and enabled local farmers

to restore their livelihoodPeople in Orissa want the POSCO to go back

to the notice of the government and a policy level change was made.

HRLN, as one of the parties litigating in the Supreme Court, made a crucial breakthrough in a case relating to the eviction of tribals from forest areas. The order resulted in a temporary stay on eviction. As a result, a large tribal population throughout the country has been protected.

HRLN filed a PIL in the Supreme Court seeking a ban on the import, manufacture and use of asbestos in India.

HRLN Manipur unit filed a PIL on behalf of a Manipur environmental organisation to force the state government to implement measures that would bring the state’s hospitals and clinics into compliance with the bio-medical wastes (management and handling) (2nd Amendment) Rules of 2000. The high court directed the agencies to take action.


environmentAL Justice: cAses*

LoK SamPaTTi SanraKShan SamiTi VS STaTe of raJaST-

han anD JaiPUr DeVeLoPmenT aUThoriTY

Through this PiL, filed in the rajasthan high court (2008), the

petitioner sought to protect community land, charagah (graz-

ing land), nadi (river) and drainages threatened with conver-

sion to residential, commercial, industrial or institutional use

by the master Development Plan – 2011 for the city of Jaipur.

The learned judge gave a further eight weeks to the respon-

dents for filing of a reply affidavit. To ensure that no work took

place in the meantime, that might prove to be irreversible in

the future, the learned judge ordered the proposed modifica-

tions be stayed until further order. The petitioner had submit-

ted details to demonstrate that large-scale modifications to the

master Development Plan - 2011 for the city of Jaipur were in

violation of law and had been planned indiscriminately. having

considered the matter, the learned judge passed an interim

order to stay the proposed modifications until further order. in

doing so, the learned judge stated this was to prevent a situa-

tion, which might become irreversible if work on the modifica-

tions were ongoing.

JaDUmani maLiK anD orS VS Union of inDia anD orS

Several villagers who live near the Lohra and Debighar re-

serve forests filed this PiL in the orissa high court (2007).

Both forests were being regularly depleted due to illegal felling

of trees. The PiL highlighted the deforestation and resulting

environmental devastation and asked the court to take steps

to address it. The court ordered the Dfo to submit a report to

the local police and ordered the police to take steps to prevent

the deforestation. forests are a scarce and valuable natural

resource, and logging and other activities must be closely


regulated to ensure environmental balance. illegal logging is a

severe threat to the ecosystem and must be stopped.

LaiSharamcha Ji-nine meeTei VS STaTe of maniPUr

anD orS

This PiL was filed in the gauhati high court (2007), on behalf

of a manipur environmental organisation to force the state gov-

ernment to implement measures that would bring the state’s

hospitals and clinics into compliance with the Bio-medical

wastes (management and handling) (2nd amendment) rules

of 2000. The court directed the state agencies to conduct a

thorough investigation of hospitals state-wide and enlisted the

manipur advocate-general to oversee the process. after the

investigation, the agencies reported that implementation had

once again stalled. The mPcB offered as an excuse that many

of the private hospitals had registered under a previous state

law, the manipur nursing homes and clinics registration act

of 1992, and therefore the mPcB’s hands were tied. The court

rejected this excuse and ordered further action and continued

judicial monitoring. in the attached order, the court continues

its dogged pursuit of implantation of the rules and orders the

respondent agencies to continue to subject their progress to

judicial monitoring. This case represents an example of civil

society organisations and the judiciary working together, using

the PiL format, to force an unresponsive government to imple-

ment important legislation.

KiShore UPhaDhaY VS Union of inDia

This case (SPL civil, Supreme court (2005) deals with the pro-

posed closure of two tunnels of the Tehri Dam, a move that would

cause severe flooding and displace thousands of people. when


the construction of the Dam was first green-lighted, the ministry

of environment and forests issued an environmental compliance

certificate subject to several conditions related to environmental

concerns and the rehabilitation of displaced persons. in a series

of orders beginning on august 8, 2006, Supreme court continu-

ally granted petitions for interim relief, accepting time and again

petitioners’ arguments that rehabilitation has been incomplete

and insufficient and also that the environmental consequences

have not be adequately addressed. The court continues to ask

that the proponents of the dam project submit evidence that

they are meeting these concerns. These orders have reinforced

the idea that rehabilitation for persons displaced by economic

development is not merely financial in nature, but rather must

be viewed through a holistic lens taking into account the drastic

disruption caused in the victims’ lives.

ShweTa naraYanan VS SUPerinTenDenT of PoLice

(rUraL), SaLem DiSTricT

This case (madras high court, 2005) concerns the denial of

permission to environmental activists, farmers and community

groups for organising a procession against environmental pol-

lution. The SiPcoT area community environmental monitors

(Sacem) is a collective of individuals and organisations op-

posed to the environmental pollution and involved in monitor-

ing the situation at cuddalore SiPcoT area. as part of the pro-

gramme of action, the groups planned to organise a Padayatra

(march) from mettur to cuddalore. however, the police authori-

ties of the area sought to stifle the peaceful protest. Lawyers

from hrLn argued that if the procession was called off in this

manner it would signify that the state intended to shelter cor-

porate polluters and frustrate and gag democratic protests

against environmental pollution.

The SocieTY for anDaman & nicoBar ecoLogY (Sane) &

Two oTherS VS Union of inDia

This case (ia no. 502 in writ petition 202, civil, of 1995, Su-

preme court, 2002) was brought to stop the environmental

destruction of tribal reserves through deforestation and en-

croachment. Some of the ethnic tribal populations of these

rain forest islands were under threat due to the disruption of

their lifestyle and the destruction of their habitat. The Supreme

court appointed the Dr. Shekhar Singh commission “to look

into the state of the island's forests and other related matters,"

who gave its report for the protection and preservation of the

island with recommendations. The Supreme court accepted

all the recommendations of the commission. The commission

had made 25 major recommendations ranging from a ban on

all tree-felling in the islands, except for the bona fide use of the

local islander populations; a ban on transport of timber to any

part of the country; removal of encroachments; steps to reduce

immigration from mainland india; shut-down of the andaman

and nicobar forest Plantation and Development corporation

(anfPDc) that had logged the forests of Little andaman island

for years; phasing out of the existing monoculture plantations

of red oil palm, rubber and teak; closing down of the andaman

Trunk road (aTr) in the Jarawa Tribal reserve areas and a

stop to sand mining from the island's beaches. The legal inter-

vention meant that all non-forest activity was stopped and the

situation reversed.

ShriShTi VS Union of inDia & oTherS

in this case (Supreme court, writ petition, civil, no. 185 of

2003), it has been submitted that the studies in india have

revealed alarming levels of pesticide contamination of food.

wheat, milk, fish, tea, edible oil, flour, even drinking water, and

practically all the other food items are heavily contaminated


with dangerous pesticides or insecticides. human blood and

breast milk have been found similarly contaminated. Despite

these findings the excessive manufacture, distribution and

use of pesticides continues unabated. Pesticides, which have

been banned not only in the developed world but also in the

developing world, are finding their way into the indian market.

among other things the petition seeks a ban on certain pes-

ticides, mandatory labeling of products and the following of

international standards in the use of pesticides.

KaLYaneShwari VS Uoi & orS

The writ petition (civil, Supreme court, 2004) was filed in public

interest for banning the import and manufacture and use of as-

bestos in india. Developed countries have drastically reduced

the manufacture and use of asbestos and some even banned

all types of asbestos, in india the use of this carcinogenic ma-

terial is increasing every year indiscriminately by 12 percent

per annum. The carcinogenic properties of asbestos including

chrysotile or white asbestos have been well established and

are a universally accepted fact. The developed countries have

already banned asbestos, as “control or safe use of asbestos

was never possible.” Petitioner has approached the Supreme

court based on the decision of wTo. Petitioners identified 500

plus victims from five states and states that there are more

than 100 thousand more victims of asbestos. majority is not

being compensated. This menace has occurred only because

india unsuccessfully is trying to introduce “control use of as-

bestos possible” issue.

ganeSh BaBUram meShram VS The STaTe of maharaSh-

Tra & orS

The petitioners (civil appeal, Supreme court, 2004) have been

involved in the construction and the successful completion of

the Totladoh reservoir that is jointly shared by the states of ma-

harashtra and madhya Pradesh. The petitioners were settled

by the government in an area declared to be a reserved forest

for the purpose of construction of the dam. in various stages

a total of about 18 thousand people resided in the Totladoh

reserved forests between 1973 and 2002. The government of

maharashtra provided various facilities to the inhabitants of the

Totaladoh, which included a bank, three schools, one aangan-

wadi, one bank, one post office and a number of shops. The

government also set up an irrigation department colony at Tot-

ladoh. many of the inhabitants of Totladoh had taken to fishing

as their livelihood in the newly created reservoir in the mean-

while the government decided in 1975 to constitute the area

in which Totladoh is situated as national park to be called the

Pench national Park under the provisions of the wildlife (Pro-

tection) act, 1972. Later on in 1984, an enquiry into the nature

and existence of rights within the national park was done. in

1997 a further enquiry was conducted on the nature of rights in

the national park. as per the report, the inhabitants of Totladoh

were categorised as “encroachers” wherein none of their rights

were recognised. however in 1999, the sub-divisional officer

decided that one hectare of agricultural land was essential for

the livelihood of each of the families, apart from the compen-

sation for land and expenses for constructing the house. addi-

tionally, it was agreed that small plots of land would be allotted

to the villagers. a statement to this effect was issued and a de-

tailed rehabilitation scheme was prepared showing the entitle-

ment of the village on displacement. however the scheme was

later dropped. The inhabitants were given a notice to evacuate

in December 2000 without any rehabilitation with the govern-

ment later only providing land for construction of dwellings on

what it termed as “humanitarian grounds”. not only was the

rehabilitation scheme ignored no provision for any alternative

livelihood was provided to the inhabitants of Totladoh. There

was no provision for hospital, food, water, road, and employ-


ment. newspapers reported that the people were on the brink

of starvation. malnutrition had caused three deaths. almost all

the children were suffering from malnutrition related illness and

women from anemia. earlier whereas the people did fishing

and related occupation today their condition has deteriorated.

The case is pending.

corD VS STaTe of maDhYa PraDeSh & orS

This petition (writ petition, civil no. 672 of 1998 Supreme

court) was filed in public interest to remove the legal predica-

ments concerning preservation of natural habitats and on the

collective, traditional and customary rights of tribal and other

traditional forest dwellers in respect of forest land minor forest

produce, largely emanating from the procedural aspects of

law. The provisions relating to Settlement of rights under the

wildlife (Protection) act, 1972 caused confusion and distress,

to the local communities living in the around the forest and

also the wildlife. majority of the protected areas, these pro-

cedures remain incomplete, causing insecurity among the

people and simultaneously opening up the habitats to the ne-

farious networks of poachers, timber-smugglers, contractors

and middlemen.

g. hargoPaL V/S SoUTh cenTraL raiLwaYS & oTherS

The petition (civil appeal no. 2905-2906 of 2005 Supreme

court, 2004) is filed against the encroachment of the 400-

year old hussain Sagar Lake due to the construction activity

in and around the lake and the government is the biggest

encroacher. in 1996, the government encroached upon the

lake and destroyed a considerable part of it by dumping debri

in the lake thereby constructing a road called the ‘necklace

road’. This road cut through the lake so that water exists on

either side. it reduced the hussain Sagar Lake to a small tank.

Petitioner approached the court against the encroachment

and construction in the lake. The Supreme court appointed a

commission to look into the matter and the commission gave

a report to stop all construction in and around the lake which

the Supreme court accepted and directed the same till the

disposal of the matter.

PraSar V/S Union of inDia & oTherS

Petitioner filed the petition (writ petition (civil) no. 110 of 2006,

Supreme court, 2006) in public interest with regard to the

prevalence of silicosis disease among workers especially un-

organised ones in various industries across the country due to

the inadequate detection, monitoring and remedial measures

including insurance, treatment, compensation and rehabili-

tation of the victims or families of the victims. State failed to

do proper inspection in these areas and provide any medical

facilities suitable for the detection of silicosis and there have

been many instances of mis-diagnosis of silicosis as tubercu-

losis, since the symptoms of silicosis are similar to that of TB,

the latter happens because of the lack of occupational health

experts. The petitioners prayed for the constitution of a high-

level committee to investigate the occurrence of occupational

disease and the unprecedented deaths of women and men,

and for an effective system of inspection, documentation, a

well-organised reporting system, and an action programme in-

volving governmental agencies, industry and trade unions for

creating awareness and provide compensation.

occUPaTionaL heaLTh anD SafeTY aSSociaTion V/S

Union of inDia & oTherS

The petition (writ petition, civil no. 79 of 2005

new Delhi, Supreme court, 2005) is filed in public interest

based on the reports of increasing and alarming levels of

toxics air pollutants in and around the thermal power plants

which has led to many occupational diseases not only among

the workers but also the communities living around these ther-

mal power plants. indulgence is sought for an effective action


to prevent the general exposure of workers, communities and

environment due to contaminants and lax safety norms by

framing guidelines with respect to occupational safety and

health regulations to be maintained by various industries, and

to appoint and constitute a committee for the monitoring of the

working of thermal power plants in india and to keep check the

health and safety norms for the workers working in power sta-

tions. The petition also seeks to frame a scheme of compensa-

tion for the affected.

aLmiTra PaTeL V/S Union of inDia

The PiL (civil, Supreme court, 2002) was filed in view of the

blatant violation of waste management and disposal by Delhi

government to convert the precious forest area of Delhi into a

garbage landfill. The landfill will kill the nascent forest which has

only just begun to come back to life after years of efforts, since

it was notified as a Sanctuary in 1991 and later as a reserve

forest in 1996 by the Supreme court after concerted citizen'

action. Delhi's waste is a mixture of industrial, toxic household,

and medical waste that will contaminate the groundwater, and

the surrounding areas. The landfill operation requires a constant

movement of truck and men and road rollers to cover the landfill

with mud, causing extensive disturbance in the forest area. Be-

cause while opting for any particular method of waste disposal

various factors have to be taken into account such as, health

and environmental considerations, volume and mass reduc-

tion, occupational health and safety considerations, quantity of

waste for treatment and disposal/capacity of the system, types

of waste for treatment and disposal, infrastructure requirements,

locally available treatment options and technologies, options

available for final disposal, training requirements for the opera-

tion of the method, operation and maintenance considerations,

available space, location and surroundings of treatment of the

treatment site and disposal facility, investment and operating

cost, public acceptability and regulatory requirements.

aDiVaSi mUKTi SangaThan V/S STaTe of mP

Jan JUngLe Jameen anDoLan V/S STaTe of raJaSThan

KaShTaKari SangaThan V/S STaTe of maharaShTra

These petitions (central empowered committee, 2002) were

filed by tribals and forest dwellers for the recognition of their

rights and against their evictions from forests in violation of

circular no. 13-1/90-fP of government dated September 18,

1990. The guidelines addressed the disputes as mentioned:

(i) ii.i fP (2) review of disputed claims over forest land aris-

ing out of forest settlement. (ii) ii.2 fP(3) Disputes regarding

pattas/leases/grants involving forest land. (iii) ii.3 fP(1) review

of encroachments on forest lands. (iv) ii.4 fP (5) conversion of

forest villages into revenue villages and Settlement of other old

habitations. further recognising the fact that mutual benefit of

the forest dwellers and forests the State issued circular no. 15-

2/90-fP dated December 20, 1990 stating as under: “having

regard to the symbiotic relationship between the tribal people

and the forests… while safeguarding the customary rights and

interests of such people, programs should pay attention to

issues inter alia forest degradation.” The case is pending.

naTionaL conSULTaTion To criTiQUe The cUrrenT

JUDiciaL TrenDS on nVironmenT, Seminar room, Teen

mUrTi BhaVan, feBrUarY 23-24, 2008, new DeLhi

with the advent of liberalisation, privatisation and globalisation,

there has been a marked departure (barring some judgements)

of the Supreme court from the well-established precautionary

principle, polluter pays, and principle of inter/intra-generational

equity. courts have read down in many instances, by employing

“sustainable development” ignoring the mandatory provisions

of environmental legislations. with the ineffectiveness of the

ministry and the departure of judiciary from the environmental

sensitivity demonstrated in the 1990s, there was a need for the

environmental regime to be strengthened and for strategies to

be worked out to hold the judiciary accountable to the law.


BooksenVironmenTaL acTiViSTS hanDBooK

VoL 1 & 2

English, 2000

Editors: Singh, Gayatri; Anklesaria, Kerban

& Gonsalves, Colin

It is imperative to recognise the link be-

tween environment and human rights. The two volumes are

requisite companions to those contending with environmen-

tal issues, defined broadly, because they cover all aspects

of the issue through a compilation of conventions, policy,

legislation and case law.

Volume I: Acts and rules, Notifications,

Environmental policy, Bills, Air pollution,

Forest and wildlife, Urban planning, Public

health, Hazardous industries, Corporate li-

ability, Bhopal gas disaster, Radiation.

Volume II: Part I – Environmental conventions; Part II – Case

laws (water, archaeological heritage, mining, nuisance, tribal

rights to forest, waste, vehicular pollution, mega projects,

patents, CRZ, noise); Part III – Acts, rules and regulations

environmentAL Justice: puBLicAtions

To this end, a national consultation was organised by a broad

spectrum of groups to focus attention on the retreat by the

judiciary from principles which it espoused in the early days

and an aggressive espousal of unbridled industrialisation and

willingness to accept the decisions of environmental regula-

tors in an unquestioning manner and to attempt to resurrect

environmental jurisprudence.

iPT on DamS in arUnachaL PraDeSh

The government of arunachal Pradesh has signed 42 memo-

randa of agreement (moas) with various power developers

for executing as many hydropower projects in the state with

an installed capacity of 23,591 mw. many a dam have been

commissioned in arunachal Pradesh to feed the power and

corporate hunger at the cost of indigenous people, no proper

rehabilitation, not considering the rich biodiversity, rich forest,

endanger species, seismic zone, livelihood, culture of indige-

nous population. The construction of dams in such fragile envi-

ronment area, populated by indigenous only, high seismic, one

of the richest biodiversity in the world could cumulatively im-

pacts on environment of the world like climatic change, water

quality, nature flooding, flow of rivers and species composi-

tion, complete wipe out of indigenous population, traditional

and culture, along with rich biodiversity and cumulative loss of

natural resources, habitats quality, environmental sustainability

and ecosystem integrity.

The poor vulnerable groups and future generation are likely

to bear a disproportionate share of the solid and environment

costs of large dam projects without gaining a commensurate

share of the economics benefits. Those displaced “face a

broad range of impoverishment risks that includes landless,

marginalisation, food insecurity, increased morbidity, loss of

common resources and community disarticulation that result in

a loss of socio-culture resilience. failing to take note of the true

social and environmental costs and benefits of large Dams,

the true economic efficiency remains largely unknown.

hence a independent Peoples Tribunal was organised on Dams

in arunachal Pradesh to asses the problems of affected people

and find out the ways and also to make known the issues of the

affected people to rest of the world for solidarity and support to

the marginalised and poor indigenous population who are going

to be affected in the name power and development.


commUniTY manageD foreSTS:

Law,ProBLemS anD aLTernaTiVeS

English, 2001

Editor: Dutta, Ritwick

It is a case study of the forests and forest

areas of the Meghalaya state. It investigates

whether forests be handed over to the forest department and

will such transfer guarantee preservation of the forests.

BUiLDing BriDgeS: norTh america/

SoUTh aSia conVerSaTion on enViron-

menTaL JUSTice

English, 2004

Editor: Chaudhry, Shivani

The North America/South Asia conversa-

tion on environmental justice represents a seminal effort to

link human rights and environment/ environmental justice

institutions and movements from two large but very distinct

regions of the world.

eLeVen YearS of The enVironmenT

imPacT aSSeSSmenT noTificaTion, 1994

English. 2005

Editors: Kohli, Kanchi & Menon, Manju

This report attempts to take the reader

through the developments in the EIA no-

tification and its implementation over the

eleven years of its existence.

green DemocracY: PeoPLeS’ ParTiciPa-

Tion in enVironmenTaL DeciSion maKing

english, 2003

editors: Dubey, Sunita & newnes, Devlyn

The guide presents relevant acts and the

eia notification with a critical appraisal. it

also guides how to conduct participatory public hearings, case

studies, an explanation of the organisational set-up and the

role of agencies. The appendices are also useful.

UraniUm anD raDioacTiViTY

The small booklet tells what uranium is

and what is radioactivity. Besides, it deals

with other related issues.

UraniUm aUr raDioDharmiTa (UraniUm

anD raDioacTiViTY)

Hindi, 2006

The small Hindi edition also tells what ura-

nium is and what is radioactivity. Besides, it deals with other

related issues.

PosTeRseffecTS of UraniUm on

heaLTh anD enVironmenT

Language: English & Hindi

Know YoUr righTS: raiSe

YoUr Voice enVironmenT

imPacT aSSeSSmenT

enVironmenTaL PUBLic hearingS: YoUr

oPPorTUniTY To Be hearD

air PoLLUTion: effecTS of SPonge iron

PLanTS


over one–sixth of india’s population, some 170 million people, live a precarious

existence, shunned by much of indian society because of their rank as

“Untouchables” or Dalits. Despite the fact that “Untouchability” was abolished

under india’s constitution in 1950, its practice – the imposition of social disabilities

on persons by reason of their birth in certain castes – remains very much a part

of india. even after decades of independence, violence against Dalits, atrocities

against Dalit women and routine discrimination in everyday life continue in india.

Burning to death a Dalit by upper caste landlords, murder of Dalit youth because

he dared to go to college, gang rape of Dalit girls, destruction of Dalit houses

and temples and crops are only some of the atrocities faced.

dALit rigHts

Dal

it r

igh

ts


educate, agitate and organise... with justice on our side i do not

see how we can lose our battle... it is a battle for freedom

Dr BR Ambedkar

educate, agitate and organise... with justice on our side i do not

see how we can lose our battle... it is a battle for freedom

Dr BR Ambedkar


dALit rigHts in conteXt

Whenever Dalits assert their rights, they face atrocities such as upper caste boycott, discrimination in schools, colleges, services, sexual assaults on Dalit women and other heinous crimes. Many times the Dalit victims are unaware of their fundamental and legal rights, which just prolongs and silences the suffering. Though there are beneficial provisions in the Constitution of India, like the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act and other similar enactments, their implementation and enforcement is very poor. To make matters worse, upper caste judges and administrators sometimes retain their caste biases and sabotage the legal proceedings in favour of the upper castes. Additionally, Dalit lawyers and activists who generally have an upbringing characterised by disadvantage, find the use of the Queen’s English in courts cumbersome and often find themselves in a hostile legal environment. The entire system is designed to exclude and ostracise Dalits.

mission stAtement

To work with Dalits their fundamental rights . To work towards effective implementation of SC/ST

Atrocities Act and government scheme available for Dalits.

To build a network of Dalit lawyers and activists across the states for effective legal interventions to any type of injustice suffered.

To increase the Dalit community’s access to the legal system, making Dalits aware of their constitutional and legal rights.

initiAtive overviewDalit Rights Initiative (DARI) was started in two states and is currently active in ten states across India: Uttar Pradesh, Bihar, Jharkhand, Orissa, Madhya Pradesh, Rajasthan, Uttarakhand, Himachal Pradesh, Maharashtra and Andhra Pradesh.

HRLN’s Dalit Rights Initiative or DARI focuses on providing legal aid to members of the Dalit community, mainly focusing on issues such as untouchability, discrimination, atrocities, manual scavenging, reservations, caste certificate problems, the impact of caste status on marriage, adoption and conversion, as well as Dalit land rights.


hrLn’s Dalit rights initiative focuses on providing legal aid to members of the Dalit community,

mainly focusing on issues such as untouchability, discrimination,

atrocities, manual scavenging, reservations, caste certificate

problems, the impact of caste status on marriage, adoption

and conversion, as well as Dalit land rights

ActivitiesFACT FINDING & CRISIS INTERVENTIONVisiting the place of incident, approach local organisations

and authorities.

SOLIDARITY & MOVEMENT-BUILDING Developing alliances and partnerships with organisations, Sc/

ST unions and grassroots organisations working for Dalit rights.

Trainings and legal camps with community organisations.

ADVOCACY & CAMPAIGNING imparting knowledge of Sc/ST (Prevention of atrocities) act.

Sensitising the judiciary to the needs and issues of the Dalits.

Bringing forward issues of concern to statutory bodies of the government working on Dalit issues.

ACCESS TO JUSTICE & PEOPLE’S TRIBUNALS Three iPTs have been organised with the purpose to have

empowered Dalits hold government and society on trial in a quest for retribution.

LEGAL AID & PUBLIC INTEREST LITIGATION Providing access to justice.

Undertaking legal advocacy campaigns.

working towards amending laws impacting the Dalits.

representing the Dalits in court cases to secure and defend their basic human rights.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING 10–12 training programmes are held annually in different

parts of the country.

national judicial colloquium attended by over 50 high court judges. Sensitised them to issues faced by people who haven’t access to the justice system.

a national conference of 80 Dalit lawyers representing 15 states provided a learning and discussion forum for some of the struggle movement’s leaders.

offering legal counselling, legal aid across forums like the Sc/ST commission, Shrc and high courts.

initiAtive impAct

Increased use of judicial system to assert the rights of the Dalit community.

Creation of pro–Dalit government policies and schemes as a result of increased government pressure.

Substantial increase in Dalit community awareness of their rights through legal training and publications.

Landmark legal decisions such as one that was passed by the Delhi High Court directing the government to improve the safety conditions of Dalit sewer workers in Delhi.

Numerous PILs ranging from providing alternative livelihood options for sewage workers by HRLN Chandigarh to ensuring that the special component plan (SCP) for scheduled castes is executed by the states and union territories.


dALit rigHts: cAses*

PUcL VS Union of inDia & orS hrLn’s petition on behalf of PUcL rajasthan (Supreme court, 2001) essentially argues that the right to food is a fundamen-tal right of all indian citizens, and demands that the country's food stock should be used without delay to prevent hunger and starvation. Supreme court hearings have been held at regu-lar intervals since april 2001, and the case has attracted wide national and international attention. Though the judgement is still awaited, significant interim orders from time to time have helped people understand that they are entitled to certain forms of public support as a matter of right. Being discriminated on the basis of caste is unfortunately a common occurrence for a large number of india's population. chronic poverty is dispro-portionately high among casual agricultural labourers, sched-uled castes and scheduled tribes. The social context of star-vation deaths was startlingly similar. all the victims were either Dalits or muslims. amongst the dead 70 percent were musa-hars, one of the most marginalised Dalit sub-caste people living on the village peripheries untouched by any developmental scheme. The constitutional abolition of untouchability implied that caste hindus could no longer force Dalits to perform any polluting occupations. But even today, degrading tasks like sweeping, scavenging and leather tanning continue to remain the monopoly of scheduled caste people, who are threatened with physical abuse and social boycotts. Barriers to education and other forms of employment have ensured that these oc-cupations continue to be hereditary. in its orders of october 7, 2004, the Supreme court directed the Union of india to provide an anganwadi in each settlement and the effort should cover all Sc/ST habitations at the earliest. The Sc directed that “in appointment of cooks and helpers, preference shall be given to Dalits, scheduled castes and scheduled tribes.”

naTionaL camPaign for DigniTY anD righTS of Sewer-age anD aLLieD worKerS VS mcD & orS on behalf of the national campaign for the Dignity and rights of Sewage and allied workers, a Dalit rights group, hrLn filed a PiL in the Delhi high court (2007) against four separate Delhi agencies seeking to improve the safety conditions of sewer workers in Delhi. The PiL seeks that the municipal authorities stop the practice of having workers enter the sewers to clean them manually, provide these workers with necessary safety equipment and training, and give full benefits to the families of

those workers who have died from work-related causes. work-ers in Delhi still enter sewers to clean them manually, wear-ing the bare minimum. They regularly become submerged in sewage to their knees or waists, and sometimes their entire body becomes immersed. in September 2007 the Delhi high court found that “the phasing out of employment of persons to clean the sewers must now take place on an emergent basis and total elimination of such practice should be aimed for in the near future.” Besides holding the municipal authorities accountable for the deaths of workers in the past, a positive outcome would go a long way in cutting across caste barriers, creating an egalitarian social structure and establishing the right to safe working conditions and the dignity of labour.

SmT ParBaTi mUnDa VS STaTe of oriSSa & orS The petitioner filed a writ petition in the orissa high court (2007) challenging procedure followed for selection and engagement of anganwadi workers for Bhimapara angnawadi centre. The petitioner had attempted to submit an application to be an angnawadi worker as a scheduled tribe candidate. however, her application was not accepted even though the deadline for application had not yet passed. further, despite representation by the petitioner, the respondents had not answered the peti-tioner’s grievances in relation to this matter. The court ordered the respondents to do so within four months.

KULamani Jena VS neeLachaL iSPaT nigam LimiTeD KonarK meT coKe LimiTeD & orS This writ petition in the orissa high court (2005) challenged the arbitrary, questionable and illegal conduct of the respon-dents in advertising and recruiting for posts in contravention of rules of reservation for scheduled castes, scheduled tribes and other backward classes. The court ordered that notices be issued to the respondents for return within one month and that the matter be put up for a further interim order immedi-ately after notice. in the meantime, the learned judge ordered that if more than one post of graduate engineer trainee was to be filled pursuant to the respondents’ advertisement, one post had to be kept vacant until further orders.

Digee mUrmU & orS VS Union of inDia & orS This PiL filed in the orissa high court (2008) challenged the inaction of the ministry of forest and environment and the



ministry of tribal affairs in implementing the Scheduled Tribe

and other forest Dwellers (reorganisation of forest rights)

act, 2006 and allied rules, 2007. The petitioners appeared on

behalf of their community and submitted that previous repre-

sentation had not been considered and disposed of. in dis-

posing of this petition, the court requested the authorities to

consider and pass orders in the aforementioned applications

within three months. further it was made clear that every appli-

cation should be disposed of by a speaking order giving rea-

sons therein and the order be communicated to the applicant

immediately after passing of the order.

charan naYaK & orS VS goVernmenT of oriSSa & orS

This writ petition filed in the orissa high court (2008) challenged

the arbitrary and illegal conduct of the opposite parties in an-

nouncing the auction of the scheduled property, the question of

title of which was subjudice. Under article 226 of the constitu-

tion of india, the petition prayed for issuance of a writ of manda-

mus or similar to the opposite parties to set aside the impugned

advertisement and to direct the opposite parties to allow the pe-

titioners to continue in their peaceful possession and enjoyment

of the scheduled property until the disposal of the suit for decla-

ration of title. The writ petition further prayed for the opposite par-

ties to be directed to refrain from their repeated and continuous

disturbance/interference of the peaceful enjoyment and posses-

sion of the scheduled property by the petitioners. as the matter

was being considered under appeal, the learned judge was not

inclined to entertain the writ petition. however, the petitioner was

permitted to approach the additional district judge, nayagarh for

disposal of the case. in this event, the additional district judge,

nayagarh was ordered to hear and dispose of the application

for interim relief as expeditiously as possible.

PeoPLe’S Union for hUman righTS VS STaTe of UP & orS

a PiL was filed in the allahabad high court (2007) seeking Dalits’

access to a community pond from which they had been unfairly

blocked. Bhurkura is a village in Uttar Pradesh. There is a pond

nearby which serves a source of water for the villagers for use

in bathing, cleaning, washing clothes, etc. in 2006, there was a

confrontation between the Dalits of the village and the landed

class over the question of payment of wages for the Dalits who

work in fields and homes. The Dalits raised their demands and

presented a united front, demanding fair treatment.

ShamBhU naTh VS STaTe of UP

The petition filed in the allahabad high court (2007) obtained

bail for a Dalit social activist, Shambhu nath, who was put in the

jail by police as he was working among people to raise aware-

ness against the atrocities committed against ordinary people

by the police and organised crime groups. in the course of his

work, he made some powerful enemies and they conspired to

silence him by putting him in jail. The state PUcL came forward

for help. with hrLn’s assistance, a habeas corpus petition

and bail application was filed in the district court. The district

court rejected the bail application, so an appeal was made in

the high court that granted bail and Shambhu nath was re-

leased, however his case is pending.

naTionaL camPaign on DaLiT hUman righTS & orS VS

Union of inDia & orS

The petition, filed in the Delhi high court (2007), seeks that the

State be held accountable for the non-implementation of the

special component plan (now being renamed as scheduled

caste sub plan –- ScSP), a programme to ensure that all states

allocate sufficient funds to various initiatives to empower the


Dalit population. if the court takes appropriate steps to review the ScSP system the impact of the PiL could be far-reaching, as it addresses a malfunction in the State machinery.

naTionaL commiSSion for DaLiT hUman righTS (ncDhr) VS STaTe of KeraLa The petition (Kerala high court, 2007) questions the state’s commitment to protect its Dalit population and the state’s willingness to provide them with their legal entitlements. The petition filed on behalf of the economically and socially disad-vantaged Dalit community of Pathnamthitta district of the state of Kerala seeks to secure the constitutional rights of the Dalit population affected and to sensitise the state government to the issue of untouchability in its decision-making processes.

JoinT acTion forUm againST aTrociTieS on DaLiTS in harYana VS STaTe of PUnJaB & orS a petition was filed in the high court of Punjab & haryana (2007) seeking security and relief for the Dalits in Salwan vil-lage in haryana. actually, two Dalits were suspected in the murder of a rajput in Salwan village on march 1, 2007. The incident led to a violent attack on the Dalit community in which 200 Dalit houses were burnt and destroyed. The criminal jus-tice system failed to safeguard their lives. in spite of knowl-edge, the police took no preventive or consequential action. The attitude of the police was clearly biased and sympathetic to the rajput community. in addition to this, no relief package has been worked out.

m LaKShmanan VS STaTe of TamiLnaDU & Two orS a petition was filed in the madras high court (2006) seeking exemption from tuition fees for law students belonging to Sc/ST communities. in this case, law students of the Sc/ST com-munities were being charged tuition fees in breach of an order by the Tamil nadu government. The fees were beyond reach of the petitioners and their families. The court ruled that fees should not be charged, and furthermore any previously col-lected fees should be refunded.

naTionaL camPaign on DaLiT hUman righTS VS Union of inDia This petition, filed in the Supreme court (2006) brings to fore the non-implementation of the Scheduled castes and Sched-uled Tribes (Prevention of atrocities) act, 1989. it seeks the intervention of the court to prevent large-scale, massive and perpetual violation of rights, including the most fundamental ones viz. article 21, guaranteed by the constitution, to a large part of the socially deprived, population. observing the anti-human deprivations forced upon them by ‘custom’, for gen-erations, specific legislations such as Untouchability offences act, 1955, Protection of civil rights act, 1955 and the above-mentioned act as well as special provisions in the constitution have been made to protect their interests. however, even de-cades after implementation of the aforesaid acts, the required objective has not been achieved.

dALit rigHts: puBLicAtions

Books

DaLiTS anD The Law

editors: agrawal, girish & gonsalves, colin

english, 2005; hindi, 2006

The book is a response to an acute need

for bringing together all relevant legal ma-

terials relevant to the civil and human rights

of the Dalits. The book includes text of an

important central legislation relating to Dalit rights, most espe-

cially the Schedule caste and Scheduled Tribes (Prevention of

atrocities) act, 1989, as well as extracts from various United

nations reports, conventions and treaties on human rights and

racial discrimination.

afTer 50 YearS of inDePenDence

UnToUchaBiLiTY in The BomBaY

mUniciPaL corPoraTion

english, 2005

editors: ranade, milind; Sharma, Bharati &

others

The booklet tells about the exploitation of the

minicipal waste collectors in mumbai city.


STrUggLe for DigniTY

editor: Pattanaik, Baghambar

This small book tells how slavery is prevail-

ing unabated in one form or the other in

orissa and how people are born to render

services to the upper castes as per customs

and because of the obligations forced on

them by succession.

PosTeRs

DaLiT righTS

Language: english and hindi

The posters highlight the

rights of the Dalits.

DaLiT aawaaZ: eSSaYS on DaLiT anD

chiLD righTS ParT i

Telugu, 2007

editor: Kanthaiah, Battula

The small book in Telugu contains essays

on Dalit and child rights.

UnToUchaBiLiTY in The caPiTaL: a

hiSToricaL JUDgemenT BY The DeLhi

high coUrT— a raY of hoPe for The

manhoLe worKerS

english, 2008

The booklet contains the Delhi high court

judgement on the plight of the manhole

workers. The petition was filed by the ncDrSaw, others &

hemlata Kansotia.

JUDgemenTS of VarioUS high coUrTS

& SUPreme SoUrT on Sc & ST (PreVen-

Tion) of aTrociTieS (acT), 1989

english, 2005

editor: chalapathi, m

as explained in the title, the volume is a com-

pilation of the various judgements of the high

courts and the Supreme court on Sc/ST (Prevention) of atrocities

act, 1989.


sexu

al m

ino

rity

Today, lesbian, bisexual, gay, transgender and hijra or eunuch communities in

india are asserting their right to freedom from discrimination on the basis of sexual

preference. Voicing their concerns in social, legal and political contexts, they are

building alliances with other people’s struggles. This has resulted in a vibrant political

movement. while strength is gaining on one level, the movement’s voices are often

in conflict with each other which has fractured the struggle’s collective strength.

many women’s groups, lawyers, human rights activists have articulated concern

and joined in solidarity to establish dialogue between struggle factions to unite for

sexual freedom. we work in solidarity with these groups and, most importantly, the

LBgT and hijra individuals themselves, to overcome these obstacles in pursuit of a

society which celebrates and protects the rights of sexual minorities.


At different times in India’s history, homosexuality has been accepted as a sexual practice, but not as an identity. In other eras, same–sex love has been condemned. This derision was codified in Section 377 of the Indian Penal Code during British rule and remains in force even today. It is only since the 1980s that homosexuality has become an issue of identity, rather than sexual practice, and it is this change which has provoked hostile reactions. “Less than Gay – A citizen’s report on the status of homosexuality in India,” published in 1991 by AIDS Bhedbhav Virodhi Andolan (movement against discrimination with the AIDS positive people) is regarded as a ‘milestone of visibility’ for its comprehensive coverage of such a contemptuous subject. The remainder of the 1990s was marked by a period of tremendous organising efforts for all sexual minorities. This decade resulted in mainstreaming the issue, providing young sexual minorities the option

of embracing their sexuality as a part of their rights-based identity. While visibility has risen significantly, and there are ‘pockets’ of acceptance within society, the struggle for gender justice and rights to sexual and relationship orientation remain today.

The fact that Indian law penalises sexual minorities means that it disrespects the practices, identities and the very existence of a certain percentage of society. Part of our challenge is trying to bring about social change and acceptance in a country whose laws violate the civil and political rights of lesbians, gays, bisexuals, transgendered individuals and hijras. The other challenge surrounds the difficulty in bringing about a paradigm shift towards a more liberal and accepting social attitude in the current climate of political, societal, religious and State repression.

seXuAL minority rigHts in conteXt

An HRLN legal camp/workshop for sexual minorities

Part of our challenge is trying to bring about social change and acceptance in a country whose laws violate the civil and political rights of lesbians, gays, bisexuals, transgendered individuals and hijras


initiAtive overview

In 1997, HRLN co–organised a “national conference on rights of sexuality minorities” in Mumbai. Soon after, the Humjinsi project was established by the India Centre for Human Rights and Law, Mumbai. ‘Humjinsi’ is an Urdu word which, in a contemporary context has taken on the meaning of, ‘relationships for people of the same sex’. A gender–neutral term, it does not constrict the nature of the relationship to sexual, which is why we have embraced it.

In April 2003, Humjinsi set up an advisory board consisting of lesbian and bisexual women and activists of the national women’s movement. The board was set up to ensure accountability and community participation in planning our programmes, thus opening our work to welcomed review and critique.

HRLN’s Humjinsi increases the visibility of the lesbian, gay, bisexual, transgender (LGBT) and hijra communities, especially the presence of lesbian and bisexual women who are more stigmatised than others within this already marginalised group. One of our foremost objectives is to deliver clear messages to women–attracted–to–women that they are not alone. Another way of living is possible and HRLN is here to support them in their efforts to be themselves and help build a community which celebrates their identity. Further, we are committed to working closely with them to secure their rights in society–at–large.

A major focus of our work is campaigning against Section 377 of the Indian Penal Code (IPC), which

ActivitiesADVOCACY & CAMPAIGNING Supporting campaigns that promote women’s autonomy,

citizens’ sexual and reproductive rights, against Section 377 iPc (existing sodomy law), for the enactment of anti–discriminatory laws against all forms of violence against women and minority groups.

creating visibility in the public domain to call attention to human rights violations, discrimination and stigma related to sexual identity.

challenging hetero–patriarchal stereotypes and building public opinion against homophobia, sexism and other social stigma.

Providing support services for lesbian and bisexual women, including a helpline service, crisis intervention, group sup-port and referral services.

reviewing laws related to sexuality, generating discussion within the community and advocating legal reform.

networking with women’s groups, LgBT groups as well as lesbian and bisexual women’s groups.

LEGAL EDUCATION, JUDICIAL COLLIQUIA & TRAINING Sensitising and raising awareness among media, women’s

organisations, ngos, educational institutions, medical and psychiatric institutions, and other influential social groups through workshops.

CRISIS RESPONSE, INVESTIGATION & MONITORING monitoring and documenting lesbian suicides and other

human rights violations.

legal aid & public interest litigation

Taking up legal cases of human rights violations against sexual minorities for long term follow–up.


a major focus of our work is campaigning against Section 377

of the indian Penal code, which criminalises homosexuality.

Lack of awareness about issues of sexuality leaves members

of the community with very little support from healthcare

providers and police

seXuAL minority rigHts: puBLicAtions

BookHUMJINSI: A RESoURCE BooK oN LESBIAN, GAy AND BISExUAL

RIGHTS IN INDIA. SECoND EDITIoN

English, 2000

Editor: Fernandez, Bina

Humjinsi, an Urdu word meaning ‘the being of the same nature or genus, or

species or class’, provides information and resources on lesbian, gay and

bisexual legal rights in both the Indian and international contexts. The revised edition includes

a chapter on protection against violence and abuse.

criminalises homosexuality. Lack of awareness about issues of sexuality leaves members of the community with very little support from healthcare providers and police. Further, laws like Section 377 of the IPC tend to

make the community more vulnerable to human rights violations at the hands of the police while reinforcing existing sexual prejudice in civil society.


ADIV

ASI R

IGH

TS

Spread over 20 percent of the geographical area of the country, the adivasi

(indigenous peoples) habitat contains eight percent of the country’s mineral

wealth, and 72 percent of the forests, water and other natural resources. Despite

this natural wealth, the adivasis are amongst the most oppressed sections of the

country’s population. as a consequence of 60 years of ‘nation building’ in the

name of development, the Scheduled Tribes (STs) – who amount to around eight

percent of the population – constitute 85 percent of the population that lives below

the ‘poverty line.’

ADIVASI RIGHTS

Adi

vasi

lead

er B

irsa

Mun

da


Nearly 20 percent of Adivasis (indigenous people) have been displaced (at least once) from their traditional homes to make way for ‘development’ since 1950. According to the 20th report of the commissioner for scheduled castes and scheduled tribes (SCs/STs), the relentless internal colonisation of the tribals, “carried out in the name of ‘development’ has pushed the tribal people to the brink of survival, their conditions come close to ethnocide.” This process of ‘internal colonisation’ of Adivasi areas has intensified given ‘liberalisation’, structural adjustment programmes and ‘open market policies’ adopted by the Government of India. This is resulting in the large-scale disruption, destabilisation and disintegration of Adivasi lives. The Indian government has several laws and provisions in the Constitution for the prevention of discrimination against scheduled tribes, as well as affirmative action or positive discrimination in jobs and education. However, these laws exist largely on paper, unimplemented and outside the reach and knowledge of the majority of Adivasi peoples. The stated purpose of this legislation

AdivAsi rigHts in conteXt

is to assimilate Adivasi society into the mainstream. The real purpose is to appropriate and, if necessary, brutally repress any assertion of identity and customary rights of Adivasi peoples. Legislation is, therefore, oriented towards acquiring Adivasi lands, forests and mineral resources and undermining Adivasi culture. In addition to this concerning situation, human rights activists and lawyers’ work in the area of Adivasi rights are limited by the fact that the Government of India takes the stand that the UN Declaration on the Rights of Indigenous Peoples does not apply to India on the grounds that Adivasis are not indigenous peoples. As a result, tribals are denied the right to unrestricted self-determination, an inalienable collective right to the ownership, use and control of lands, territories and other natural resources, their rights in terms of maintaining and developing their own political, religious, cultural and educational institutions along with the protection of their cultural and intellectual property. At present, tribal land is being confiscated at record pace – thereby putting Adivasis at increasing risk of ethnocide and genocide.

The relentless internal colonisation of the tribals, carried out in the

name of ‘development’ has pushed the tribal people to the

brink of survival, their conditions come close to ethnocide


mission stAtement

The main aim of the Adivasi Rights Initiative (ARI) is to help build a national network to address the following tribal issues: Access to and control over life-sustaining resources

like land, forests, waters and biodiversity that are of critical importance to the Adivasi peoples’ survival.

The demand for self-management, self-control and self-rule that has been articulated both by the movement for the creation of separate states, the movement for autonomy in scheduled areas and reflected in the new legislation on self-rule.

Preservation and protection of Adivasi culture, language, religion and values in the face of assimilative tendencies that undermine the traditions and identity of Adivasi peoples as a community.

initiAtive overview

Given the degree to which Adivasis in India are marginalised and their culture is under siege, support is provided across all HRLN Initiatives – from the Environmental Justice Initiative to Women’s Justice. For example, the Environmental Justice Initiative focuses on Adivasis’ right to land and cultural heritage which is inseparable from the forests in which they often live. As such, we support Adivasis against displacement for the creation of a Special Economic Zone. And, in the case of the Women’s Justice Initiative, we assist Adivasi women who are tortured for allegedly being witches. However, given the degree to which tribal land, livelihood and cultural heritage is being destroyed in the name of ‘development’, we also have a specific Initiative which focuses on Adivasis.

AdivAsi rigHts: cAses*

PUcL VS Union of inDia anD oTherS

hrLn’s petition ((writ petition, civil no. 196 of 2001, Supreme

court, 2001) on behalf of PUcL rajasthan essentially argues

that the right to food is a fundamental right of all indian citi-

zens, and demands that the country's food stock should be

used without delay to prevent hunger and starvation. Su-

preme court hearings have been held at regular intervals

since april 2001. Though the judgement is still awaited, sig-

nificant interim orders from time to time can be used to help

people understand that they are entitled to certain forms of

public support as a matter of right to food is a fundamental

right of all citizens. constituting about 8.2 percent of the total

population of india, the tribal people (adivasis) including the

primitive tribal groups (PgTs) are among the most vulnerable

groups due to displacement threats. The tribals in general and

the PTgs in particular are characterised by low literacy rates,

stagnant populations, lack of basic amenities, and virtually no

viable economic options. in its orders of october 7, 2004, the

Sc pointed out that all Sc/ST habitations should have angan-

wadis “as early as possible”. Until the Sc/ST population is

fully covered, all new anganwadis should be located in habi-

tations with high Sc/ST populations at the earliest. contrac-

tors should not be used in providing supplementary nutrition

to icDS. Village communities, mahila mandals and self-help



groups should be given the preference for preparing the food

to be served in icDS. Priority to Sc/ST cooks and helpers:

“in appointment of cooks and helpers, preference shall be

given to Dalits, scheduled castes and scheduled tribes.” on

may 2, 2003, the Sc declared that most vulnerable were as-

sured highly subsidised foodgrains under aaY (35 kilograms

a month at the rate of two rupees a kilogram of wheat and

three rupees a kilogram for rice for all households belonging

to PgTs would be entitled to antyodaya cards.

nomaDic TriBeS YoUTh fronT VS STaTe of maharaShTra

hrLn fought the case of nomadic tribes who comprise the

most downtrodden section of rural society. These nomads

were formerly classified as ‘criminal tribes’ and were routinely

persecuted by the police. The Bombay high court passed an

order protecting them from police persecution.

STUDenTS of TiSS VS STaTe of maharaShTra

The construction of an expressway between Bombay and

Pune resulted in the large–scale displacement of the Katkari

tribals, one of the most primitive tribes in india. hrLn filed a

petition in the high court upon which the court directed that the

tribals be paid compensation and the state government frame

a comprehensive rehabilitation scheme.

corD VS Union of inDia

in this petition, tribals claim a customary right to reside on the

lands, which they occupy, even though they may not have title

to the land itself. reliance has been placed on decisions from

UK, canada, the United States, australia and new Zealand

where the courts have held that indigenous people have a cus-

tomary right to continue to reside on lands they occupy even

though those lands belong to the State. The Supreme court is

expected to decide upon the matter shortly.

Books

TriBaL affairS in inDia: The crUciaL

TranSiTion

english, 2001

editor: Sharma, BD

This book is a lucid account of the tribals’

pre-independence situation, their betrayal by

the politicians and bureaucrats appointed to

look after their ‘welfare’, the indifference of opinion-makers and

their own will to fight back. more importantly, it contains consti-

tutional conventions, important court judgements and the lists of

the scheduled tribes and scheduled areas for quick reference.

AdivAsi rigHts: puBLicAtions

aDiVaSi KaaYaDe

marathi, 2000

editor: Bhuskute, rV

This book in marathi language contains all the

major laws, notifications and administrative rules

concerning the scheduled castes and scheduled tribes.


only a minuscule fraction of the workforce is organised, most of which is in urban

areas, leaving the rest of the working class vulnerable to blatant exploitation. as a

result, closures and job losses, sub-minimum wages, bonded and slave labour,

contract labour, discrimination against women and the siphoning away of money

from the workers’ funds characterise indian labour.

LABOUR RIGHTS LABOUR RIGHTS

Labo

ur r

igh

ts


Although Indian labour laws are amongst the best in the world, their implementation is slow and obstructed by corruption. Over the last fifteen years, under the impact of globalisation, privatisation and structural adjustment, the situation is further deteriorating. Despite stiff opposition from trade unions, the government has succeeded in making major inroads into workers’ rights. Labour law has suffered a severe setback, because of the anti-labour policies of government and the anti-labour attitude of judges. While there has been some organised resistance on behalf of labour unions and individual workers, most are not able to protest given their need to continue to earn their living. This is true even if they are being paid unfair rates or working in inhuman conditions.

LABour rigHts in conteXt

Only a fraction of the workforce is organised, leaving the rest of the working class vulnerable to blatant exploitation. As a result, closures and job losses, sub-minimum wages, bonded and slave labour, contract labour, discrimination, lack of health and safety law enforcement, and refusal to pay workers’ dues upon retirement are among the greatest obstacles facing Indian labour. Labour issues are also intensified by the rate at which India is moving from an emerging market to a supposedly ‘developed’ country in record time. The government of India and many employers have embraced growth at break-neck speeds, seemingly dismantling its system of legal protection and reverting to sweatshop-like conditions in order to increase profits – regardless of its impact on workers.

while there has been some organised resistance on behalf of labour unions and individual

workers, most individuals are not able to protest given their need to

continue to earn their living – no matter how meagre it is

Brutal police lathicharge on the Honda company workers at Gurgaon, Haryana, India


initiAtive overview

HRLN’s work in labour rights has its roots in the trade union struggle in Mumbai. This dates back to when our founder director, Colin Gonsalves, began his career in the area of workers’ rights. Labour conditions within India are so dismal that it is addressed across all Initiatives. For example, the HIV/AIDS and the Law team represents those who have been discriminated against in the workplace on the basis of their HIV+ status, while the Dalit Rights Initiative

ActivitiesLEGAL AID & PUBLIC INTEREST LITIGATIONcases include representing workers on the basis of dis-

crimination, injury due to unsafe work environments, as well as those who have received no-pay or below-mini-mum pay.

Closures and job loss cases: The indian law prohibits the closure of a factory without prior government permission. Yet illegal closures are common. following intervention by hrLn lawyers, the courts have inducted closures in several cases.

Contract labour cases: although the law prohibits the use of contract labour of a perennial nature, its use has increased exponentially. hrLn lawyers have filed several cases de-manding that these workers be made permanent. Sweep-ers, canteen workers and security guards have been the main beneficiaries of this sort of activity.

Starvation death cases: Throughout the country, starvation deaths of factory workers (particularly those in the textile industry) have been discovered. hrLn exposed the em-ployer’s crime, seeks retribution on behalf of the deceased and addresses the root cause of death.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING Trainings on a variety of topics including countering discrimina-

tion and health and safety violations in the workplace.

ADVOCACY & CAMPAIGNING organising at the grassroots level to assist workers and

surrounding communities in campaigning against specific companies.

CRISIS RESPONSE, INVESTIGATION & MONITORING investigation of safety and welfare measures for construc-

tion workers as per the Building and other construction workers welfare cess act, 1996.

ACCESS TO JUSTICE& PEOPLE’S TRIBUNALS iPT on corporate accountability, whereby testimonies were

heard on corporate crimes. The objective was to identify measures for remedying the loopholes and provisions in the existing legal and government structure that allow corpora-tions to abuse human rights and environment without any fear of punishment.

SOLIDARITY & MOVEMENT-BUILDING national consultations are organised on a variety of labour

rights issues as a platform for bringing trade unionists, labour lawyers, judges, journalists, academicians and other professionals together to document their struggles and rally for change.

PUBLICATIONS & COMMUNICATIONS hrLn publishes widely on labour rights topics – ranging

from “know your rights” posters on occupational health and safety issues for use in the workplace to compilation of land-mark judgements in favour of labour.

team works closely with those who are denied employment due to caste prejudice. Similarly, the Environmental Justice Initiative team supports workers who are injured due to the lack of enforcement of the provisions of the Factories Act, the Mines Act and other related legislation with respect to occupational health and safety. We work nation–wide in both rural and urban areas, with organised and unorganised sectors on several issues, many of which are detailed below.


and comprehensive medical checkups, continuation of work contracts during illness, occupational disease compensation, modern protective equipment, strict measures for the control of dust, heat, noise, vibration and radiation, and adherence to the code of practice on occupational safety and health audit as developed by the Bureau of Indian Standards.

HRLN Delhi filed a PIL in respect of tens of thousand of tea plantation workers engaged in the tea plantations of West Bengal, Assam, Kerala, Tamil

initiAtive impAct

The following PILs and national consultation are representative of our team’s achievements:

HRLN Delhi filed a PIL on behalf of the Occupational Health and Safety Association with respect to alarming levels of increased toxic air pollutants in and around a thermal power plant which led to many occupation diseases among the workers and in the surrounding communities. The Supreme Court directed the agencies to take several actions which benefitted thousands of workers. These included free

Painting by Anand Radhakrishnan, Mayur Guldagad


LABour rigHts: cAses*

KarUna LimiTeD VS SiTaram aTmaram garg in Karuna Limited Vs Sitaram atmaram garg the Bombay high court (2000) castigated the matter of the company for giving salary cheques to the workers, which later on bounced. The court rejected the company’s plea to the effect that a com-plaint of unfair labour practices could not proceed if the corpo-ration has fallen sick and has been so declared. The court held that the bar of legal proceedings under section 22 of the Sick industries companies act, 1985, would not apply in the case of a complaint under the maharashtra recognition of Trade Unions and Unfair Labour Practices act, 1971, with respect to payment of wages. The case is pending.

Kachara VahaTUK ShramiK Sangh VS BomBaY mUniciPaL corPoraTion in Kachara Vahatuk Shramik Sangh Vs Bombay municipal cor-poration the Bombay high court (1999 ii LLJ 1370) held that contract labours who were doing the work of garbage removal for more than 15 years continuously, ought to be made perma-nent and their exploitation brought to an end. relying on the section 61 of the Bombay municipal corporation act, 1888, the court held that the removal of rubbish was a statutory duty and it was not open to the corporation to give this work out to a contractor especially since the work was perennial. Though this decision was set aside by the Supreme court in appeal, the 800 workers concerned were ultimately regularised.

Nadu, Tripura, Karnataka, Himachal Pradesh and Uttarakhand. The individuals were working in tea gardens that were either closed, abandoned or on the brink of closure – leaving the workers without payment of earned wages and statutory dues such as gratuity,

closure, retrenchment compensation and provident fund dues. The Supreme Court issued notice and the government brought out a notification to cater to the health, education, food and livelihood of the workers and their families by reviving the plantations and including them in various schemes.

In February 2008, a national consultation was organised on labour rights. Trade unionists, labour lawyers, judges, journalists, academicians and other professionals gathered to voice concern regarding the Supreme Court’s anti-labour attitude as evidenced by its strong support of corporations and employers in their legal struggles against workers. This meeting was the first of its kind and in that it created a forum where prominent members of the legal, activist and trade union communities went on record, voicing their deep betrayal and condemnation. This consultation marked the beginning of a nation–wide campaign that seeks to reverse the judiciary’s pro-corporate stand on labour rights and associated issues.

An example how workers are treated



girni Kamgar SangarSh SamiTi VS maTUYLa miLLS LimiTeD

in girni Kamgar Sangarsh Samiti Vs matuyla mills Limited (wP

862 of 1999) case, the Bombay high court through a series of

orders directed the company to pay all the 650 workers of the

mills their legal dues. The employer’s objection that the com-

pany was financially sick and therefore could not be compelled

to make payment was overruled and the company was injunc-

ted from selling any assets. The court observed: “we cannot

be oblivious of the fact that on account of closure of numerous

mills … utterly miserable conditions have resulted for the fami-

lies of the unemployed workmen. There have been instances

of suicides … premature deaths because of lack of economic

support, medical treatment and medicines.” The court con-

cluded: “where the wages of the workers are undisputedly

due, the financial inability of the company is no defence for

non payment of wages of the workmen.”

rmmS VS KahTaU maKanJi SPinning anD weaVing

in rmmS Vs Kahtau makanji Spinning and weaving company

Limited (1997 ii cLr 1119) the Bombay high court held the

directors of the company guilty of contempt of court for the de-

fault in committing payment of wages to the workers. Some of

the directors apologised and were not punished. The remain-

ing directors were awarded punishment of one-month simple

imprisonment and a fine.

raJKUmar VS Union of inDia

in rajkumar Vs Union of india (cwP no. 5248 of 2002) hrLn

lawyers appeared for the union of the workers of the Delhi air-

ports who were doing the work of trolley retrieving. They had ap-

plied to the government under section 10 of the contract Labour

act, to have the contract labour system abolished and to have

their services regularised. The government referred the matter to

the contract labour board and the board held against the work-

ers who thereafter filed the writ petition. The high court set aside

the order of the board and directed a fresh decision be made.

TramBaK rUBBer inDUSTrieS LimiTeD VS naShiK worK-

erS Union

in Trambak rubber industries Limited Vs nashik workers’

Union, (civil appeal no. 8489 of 2001), hrLn lawyers appeared

for the union opposing an appeal of the company seeking to

set aside the order of the high court directing reinstatement

of 72 workers. The Supreme court sustained the order of the

high court, which had concluded that the corporation had kept

their employees as ‘trainees’ in order to avoid the application

of labour law. The court held that “the fact that no appointment

letters were issued does not lead to the conclusion that the

management’s version must be true”. The Supreme court dis-

believed the company’s case that it did not have any perma-

nent workmen and all the persons were employed as trainees.

chanDraKanT BhaLeKar VS inDian eXPreSS

chandrakant Bhalekar Vs indian express (2002 iii cLr 973)

was a case where hrLn lawyers appeared for the workmen

who were charge-sheeted and dismissed from service. The

high court held that the workers had been unfairly discrimi-

nated against, as they were not given an opportunity to tender

apologies as in the case of other workers. The corporation was

directed to reinstate the workers with back wages.

PK BiSwaS anD oTherS VS Union of inDia anD oTherS

it has been a practice of employers to terminate employment of

employees without proper justification and being devoid of any

social accountability. in this case (caT, oa 37 of 2002) casual la-

bourers were sacked without any justification in arbitrary fashion.

They lingered for justice for 22 years and at last they received

justice and were reinstated as permanent employees.

YaSoBanTi PraDhan VS STaTe of oriSSa anD oTherS

The petitioner applied for the post of gaon Sathi, Dasput grama

Panchayat. although she had the requisite qualifications and

was more meritorious than other candidates, the selection


committee engaged one of the respondents in this case. The judge ruled that the case (orissa high court, 2008) could not be affectively adjudicated under writ jurisdiction. The petitioner was instead given liberty to file representation before the re-spondents. in the event that this was done within three months, the respondents were ordered to investigate the matter and pass necessary orders preferably within three months.

Shri Jharia BariK anD oTherS VS STaTe of oriSSa anD oTherS This application to issue a writ of mandamus or similar (orissa high court, 2005) was made under articles 226 and 227 of the constitution of india to compel the opposite parties to issue a work order in favour of the petitioner Jharia Barik. The petitioner made the application on the basis that he was the lawful vil-lage work representative, as unanimously voted for by rakma village. The judge ordered that the petitioner could put forward his grievance to the local administrative authorities for appro-priate redress.

PaDmanaV maJhi VS STaTe of oriSSa anD oTherS This writ petition (orissa high court, 2008) was filed challeng-ing the orders of the block development officer for Korei block and the sarpanch of ranpur gram Panchayat, by which the pe-titioner was suspended from the post of secretary of the gram Panchayat. as the opportunity for appeal was provided under Section 133 of the orissa gram Panchayat act, the judge was not inclined to interfere with the impugned order and disposed of the writ petition. however, in the event of such an appeal being filed within three weeks of the learned judge’s order dated July 10, 2008, the appellate authority was ordered to consider the case within two months from the date of its filing.

managemenT of iDcoL PiPing anD engineering worKS LimiTeD VS ganeSwar maLLicK anD oTherS hrLn lawyers represented workmen (as opposite parties) who had previously served at a company that had been wound up. The petitioner (the managing director of the company in question) was challenging a previous award to the workmen through the labour court, Bhubaneswar. in quashing the chal-lenge, the learned judge (orissa high court, 2006) recognised the workers’ right to salary up to the point where the company was wound up. LaBoUr Union of ongc VS Union of inDia Security guards at the ongc office in gujarat work full 8-hour days, just like the rest of the workforce. They are entrusted

with the important task of keeping the plant safe from potential saboteurs. it is a crucial job that requires, at the very least, a basic level of competence. The guards brought suit in the gu-jarat high court, asking for minimum wage and back pay for the hours that they worked for the paltry sum. The high court sided with the guards, insisting that they be classified as “em-ployees” and paid minimum wage. ongc appealed against this decision in the Supreme court (2008), who affirmed the high court’s decision. after this, ongc raised their minimum wage for employees twice, first to rs. 215 and then to rs. 250 per day. Despite this, they continued to pay the guards only rs. 190 per day as per the gujarat high court order. once again, the guards petitioned the high court, asking only to be paid the minimum wage that all other employees received. The high court rejected their request and held that the Supreme court’s affirmation of its earlier order meant that it couldn’t consider this new request. an appeal was filed before the Supreme court and a decision is pending.

SaBar eKTa manch VS STaTe of gUJaraT anD oTherS in april 2006, Sabar ekta manch conducted a survey of the implementation of nrega in the district of Sabarkantha. The findings were nefarious and revealed corruption. The present petition (gujarat high court, 2006) stands against the non-pay-ment of wages as per the wage rate provided under section 6 of The nreg act, 2005. The act mandates, through section 6, the payment of minimum wages fixed by the state government under section 3 of the minimum wages act, 1948, or rs. 60 per day, whichever is more.

PimPri chinchwaD mahanagarPaLiKa Karamchari mahaSangh VS PimPri chinchwaD mUniciPaL corP & oTherS This case relates to several unjustified recruitment decisions made by the Pimpri chinchwad mahanagarpalika. The Pimpri chinchwad mahanagarpalika advertised in the local newspa-per and invited candidates to apply for certain posts. These were filled up without giving any preference to the existing employees or to senior employees. The Pimpri chinchwad mahanagarpalika Kamgar Union filed a writ petition before the Bombay high court but the high court dismissed the petition hence this special leave petition was filed before the Supreme court. hrLn took the matter to the Supreme court (2007) who acknowledged the situation and issued notice to the other par-ties. The matter is still pending before the Supreme court.


Shri SaTYa naraYan TULSi manaS manDir VS worKman

comPenSaTion commiSSioner & orS

a special leave petition has been filed in the Supreme court

of india (2006) to consider whether employees of religious or

charitable institutions and establishments are protected under

the minimum wages act or other similar statutory enactments.

The indian constitution is secular in character, treats all citi-

zens equally and entitles each to protection in the matter of

wages under article 21. in 1995, a complaint was filed by the

Bharatiya mazdoor Sangh alleging non-payment of minimum

wages to the employees of a mandir (hindu temple). The

then labour enforcement officer inspected the establishment

and later the additional labour commissioner, Varanasi issued

a notice to the temple. The temple management filed a writ

petition (no. 5324 of 1997) before the allahabad high court.

The court responded positively through an order dated may

26, 2006, directing the mandir to pay minimum wages to its

employees, retrospectively from the date when the dispute

arose and further directed the state government to make suit-

able legislation in this regard. The mandir has challenged this

order in the Supreme court. a favourable decision by the Su-

preme court will not only grant these workers their dues but

also uphold the egalitarian nature of the constitution of india,

which considers all citizens to be equal.

naTionaL DomeSTic worKerS weLfare TrUST VS Union

of inDia

Domestic workers remain excluded from the very scope of

labour legislation of some countries, including india. The spec-

ificity of the employment relationship is simply not addressed

by the legislative enactment but the same specificity is relied

upon –- at the level of common practice to justify denying them

their status as ‘real workers’ entitled to the legislative protec-

tion that exists. Their working conditions in essence remain un-

regulated. even the child Labour (Prohibition and regulation)

act, 1986, does not include domestic workers. This petition

(Supreme court, 2003) seeks the enactment of a comprehen-

sive legislation to protect the service conditions of domestic

workers throughout the country.

SocieTY for aBoLiTion of BonDeDneSS VS STaTe of

TamiL naDU anD orS

Society for abolition of Bondedness filed a public interest peti-

tion in the madras high court against the violation of rights

of workers employed in rice mills in the state of Tamil nadu

in general and Thiruvalluvar district in particular. following a

report in the newspaper ‘The hindu’ that described the con-

dition of more than 1000 families working as bonded labour-

ers in rice mills in Thiruvallur district, members of the society

conducted a study in the area which revealed terrible working

conditions, non-payment of minimum wage and a situation of

bondedness. representing the society, the hrLn lawyers filed

a petition bringing to the notice of the high court the deplorable

working conditions and violation of several laws meant for the

protection of labour. in addition to the registration of rice mills,

the petition seeks payment of minimum wages, regularisation

of working hours, release of bonded labourers in Tamil nadu

and their rehabilitation.

Despite several representations to concerned authorities no

action was initiated against the employers for the violation of the

labour laws. The workers are not even paid minimum wages.

hearing the case, the madras high court ordered that a high

level committee investigate the situation and report the findings

to the court which would then pass appropriate directions.


Books

caSeS on inDian LaBoUr LawS, VoL iEnglish, 1995Editors: Gonsalves, Colin & Bhat, RameshThe volume I on Indian Labour Laws dis-cusses the basic principles of labour law and covers crucial aspects of the Industrial Disputes Act and the Trade Unions Act.

caSeS on inDian LaBoUr LawS, VoL iiEnglish, 1996Editors: Gonsalves, Colin; Bhat, Ramesh & Lewis, FrancisVolume II of Indian Labour Laws covers termination of services and related issues of misconduct, domestic enquiry, suspen-sion, punishment and standing orders. It

also covers appointment, probation, resignation and super-annuation. Crucial cases relating to the Shops and Estab-lishments Act and the Bombay Industrial Relations Act are also included.

caSeS on inDian LaBoUr LawS, VoL iiiEnglish, 2000Editors: Gonsalves, Colin & Srivastava, SureshVolume II of Indian Labour Laws covers termination of services and related issues of misconduct, domestic enquiry, suspen-sion, punishment and standing orders.

It also covers appointment, probation, resignation and su-perannuation. Crucial cases relating to the Shops and Es-tablishments Act and the Bombay Industrial Relations Act are also included.Volume III of Indian Labour Laws presents innovative and important judgements delivered by the Su-preme Court while interpreting the provisions of the Contract Labour (Regulation and Abolition) Act, 1972; Factories Act, 1948; Payment of Bonus Act, 1965; Payment of Gratuity Act, 1972; and Workmen’s Compensation Act, 1923.

LeaDing caSeS on conTracT worK-erS wiTh The conTracT LaBoUr (regULaTion anD aBoLiTion) acT, 1970 anD rULeS, 1971 (reViSeD eDiTion)EnglishEditor: Gonsalves, ColinIt says that despite the passage of the Contract Labour Act by Parliament long

back, the condition of the contract workers have steadily declined.

LeaDing caSeS on occUPaTionaL heaLTh anD SafeTYEnglish, 1993Editors: Gonsalves, Colin & Bhat, RameshA compilation of cases on occupational health and safety. Despite the enactment of various statutes, the health and safety scenario in the factories remains unsatis-factory. The book deals with compensa-tion, claims, termination due to ill health

and the liability of employers.

reaSonS whY TraDe UnionS oPPoSe The changeS in LaBoUr Law con-TaineD in The ProPoSeD inDUSTriaL reLaTionS BiLLEnglish, 1993Editors: Gonsalves, Colin & Damle, RajuThis is a draft document circulated to stim-ulate discussion among the unions on the proposed changes in the labour law.

worKerS righTS & LaBoUr LawEnglish, 2000This slim publication was intended as a background to a three-day workshop on labour held in December 2000. Ranging from the scholarly to the documentary and polemical, these pieces are drawn from Mumbai-based scholars and trade union-ists involved in the labour movement.

LABour rigHts: puBLicAtions


Ho

usi

ng

Rig

Hts

The right to adequate housing has been widely recognised and accepted as a part

of the right to life by the international community as well as in india. Despite having

ensconced the right to housing as a part of the larger right to human dignity, right

to equality, social and economic rights, the basic provisions, which form the spirit

of the right to housing, are blatantly violated all across the country.


Housing rigHts in conteXt

forced and illegal evictions are routine in india. repeated evic-

tions have pushed millions of urban poor into homelessness,

destitution and vulnerability. on short notice or none, State de-

molition squads arrive at residential sites, bulldozing homes of

poor families. These sections of the community struggle hard

to access housing rights within the existing, limited legal frame-

work. The plans and policies put forward by local authorities

further squeeze them into sparse space. in a vicious exercise

they are frequently relocated outside the city fringes in inhuman

conditions, only to undergo the trauma of multi-displacement.

The right to adequate housing has been widely recognised

and accepted as a part of the right to life by the international

community as well as in india. Despite having ensconced the

right to housing as a part of the larger right to human dignity,

right to equality, social and economic rights, the basic provi-

sions, which form the spirit of the right to housing, are blatantly

violated all across the country.

The living conditions of more than half the population in urban

centres are marked by a basic lack of housing, access to po-

table water and sanitation, overcrowded, unhygienic hutments,

amidst squalor and disease.

national trends indicate that instances of brutal forced evic-

tions of the urban poor are sharply increasing in metro cities

with new urban development policies and projects, which will

benefit only the rich and further exclude the poor. The number

of homeless people who are forced to sleep on the streets,

in railway stations, is increasing by the day in metropolises.

at the start of this new millennium, india witnessed one of the

largest displacements. in mumbai 300,000 and in new Delhi

150,000 persons were brutally displaced. with no provisions

for alternative housing, the government and courts continue to

sanction and supervise the bulldozing of the homes of the poor

throughout the cities of india.

The instances of brutal forced

evictions of the urban poor are

sharply increasing in metro cities

with new urban development

policies and projects which will

benefit only the rich and further

exclude the poor


FoRemosT ChaLLenges

networking is the key to the dissemination of data, information and strategies of intervention apart from building up greater public support for the campaign. Some of the key areas of action are: counter forced evictions through campaigns, protests and

solidarity marches, and developing the local capacity of struggle organisations through housing rights training and workshops.

monitor instances of forced eviction and create extensive documentation, thereby arousing public outcry in national as well as international circles.

review legal and administrative provisions for the urban poor. Study master Plan provisions for housing of urban poor to suggest pro-poor provisions and changes.

critique of draft national slum policy, national housing policy, town and country planning acts.

interventions in the existing litigation on housing, and filing petitions and behalf of the homeless and slum dwellers.

Security of land tenure of urban slum dwellers. Studying best practices in shelter development strategies. campaign and advocacy with policy-makers, bureaucrats

and sensitive town planners to implement pro-poor policies and provisions for adequate housing and land supply.

Activities

in order to make a difference to the pitiable condition of hous-

ing for the urban poor in india, the need arose to combine

strong advocacy and grassroots level networking with active

attempts to remove legal and administrative barriers to the

achievement of the right to adequate housing for all, to stop

forced evictions and urban displacement through leadership

building and collective action, and to reform housing policy for

the urban poor. responding to this need, motivated individu-

als, activists, lawyers, and housing rights organisations from

different parts of the country began to consult, strategise and

share their experiences in a series of meetings initiated by a

national workshop held in mumbai in January 2000. organised

by hrLn, this extensive phase of interaction and building of

strong alliances culminated with the setting up of the national

forum for housing rights at the second national workshop

held in indore, in may 2002. The nfhr functioned as a na-

tional network of independent organisations cooperating to

strengthen the struggle against evictions and campaign for

housing rights.

issues Forced evictions Violations of pro-poor housing provisions within the

Master Plan Legal, administrative and policy barriers to the right

to adequate housing Impact of globalisation on the housing situation of the

urban poor


Housing rigHts: cAses*


Jan SangharSh manch VS aDaLaJ gram PanchaYaT

Blatant violations of the right to housing are a frequent occur-

rence with the horizons of metro cities in a state of perpetual ex-

pansion. Urban development policies clearly reflect inadequate

planning on part of government authorities. The economically

weaker sections of society have been very susceptible to evic-

tions and demolitions at short or no notices and without pro-

viding alternative accommodations. The gujarat unit of hrLn

was the most successful in housing rights litigation and has

obtained a series of orders from the gujarat high court requir-

ing slum dwellers to be resettled and rehabilitated. in the relief

road housing Society case, hrLn appeared on behalf of the

slum dwellers protesting evictions and the Bombay high court

directed the state government to draft a reasonable policy for

the resettlement of displaced persons.

PaDma VS hm DeSarDa

in Padma Vs hm Desarda, (2002 7 Scc 564), hrLn ap-

peared for a public interest petitioner who had challenged the

allotment of plots of land by a government company called

the city and industrial Development corporation (ciDco)

in aurangabad city. The Supreme court held in favour of

the public interest petitioner holding that the allotments were

done at a much-reduced price below the reserved price and

that officers of the ciDco had parted with the land to their

family members. The Supreme court held that a government

body is not a commercial concern and its sole consideration

cannot be money making.

naTionaL aLLiance of PeoPLeS moVemenT VerSUS STaTe

of maharaShTra & orS in The SUPreme coUrT of inDia

SLP (ciViL) 21875 of 2008

This petition was filed against the Bombay high court dated

november 21, 2006 (writ petition 637 of 2003) which ordered

that the cut off date for relief and rehabilitation of slum dwell-

ers (economically weaker sections -- ewS) could not be ex-

tended and this matter had nothing to do with the cut off date

and there were no pleadings at all regarding the same. This

order was passed when a scheme for the housing of the poor

living in slums formulated by the state government pursuant to

another Bombay high court Division Bench order dated Sep-

tember 5, 2005, was allowed to go ahead with the cut off date

for the regularisation of slums extended from the year 1995

to the year 2000. The impugned order thus interfered with the

functioning of the high power committee appointed by another

division bench of the same high court but this time presided

over by the chief Justice of the high court. The state of maha-

rashtra has also filed SLP no. 3474 of 2007, against the same

impugned order and the matter is pending.

naTionaL aLLiance of PeoPLeS moVemenT VerSUS STaTe

of maharaShTra & orS in The high coUrT of JUDica-

TUre aT mUmBai wriT PeTiTion (ciViL) 60 of 2006

This writ petition was filed in Bombay high court, seeking re-

habilitation of the slum dwellers who were required, and are

evicted from their homes and also seeking in the petition that

all slum dwellers irrespective of any cut off date should be eli-


gible for relief and rehabilitation of slum dwellers (economically

weaker sections -- ewS), and Sections 3X, 3Y and 3Z of the

maharashtra Slum areas act were challenged as unconstitu-

tional. This is contrary to the maharashtra State housing Policy,

2007, the national Urban housing and habitat Policy, 2007 and

the Jawaharlal nehru national Urban renewal mission, 2005,

which does not envisage any cut off date.

reLief roaD hoUSing SocieTY aSSociaTion VerSUS

STaTe of maharaShTra & orS in The high coUrT of JU-

DicaTUre aT mUmBai noTice of moTion no. 273 of 2005

in wriT PeTiTion no 98 of 1999

This writ petition was filed in the Bombay high court by relief

road housing Society association, inter alia challenging the

slum rehabilitation policy which permitted utilisation of the plots

designated for public purpose including recreation grounds,

play grounds, etc., but were occupied and encroached upon

by the slums to be utilised by slum rehabilitation scheme. an

intervention application was filed in this petition by national al-

liance for People’s movement in the high court of Judicature

at mumbai. The Bombay high court made an order on Sep-

tember 5, 2005 forming a high power committee to formulate

a policy for the rehabilitation of slum dwellers in general. in this

committee, the high court inducted mihir Desai, advocate, as

a representative of the petitioner’s organisation.

Jan SangharSh manch VS STaTe of gUJaraT & orS in

The SUPreme coUrT of inDia SPeciaL LeaVe PeTiTion

(ciViL) noS. 2504 -2509 of 2009

This petition was filed in appeal as it would affect the Petitions

in the gujarat high court and also concerns more than three

lakh urban poor in the city of ahmedabad who reside in slums.

The ahmedabad municipal corporation passed resolution no.

1274 on february 7, 2005 and resolution no. 486 on June 30,

2005 passed under the Bombay Provincial municipal corpora-

tion act, 1949 extending the cut off date for eligibility for reha-

bilitation from 1976 to 1995. The above resolutions passed by

the standing committee were approved by the general board

of the ahmedabad municipal corporation by resolution no.

346 of July 22, 2005. Despite this resolutions the corporation

continued to demolish the hutments which were in existence

prior to 1995 hence on the basis of these resolutions a number

of writ petitions came to be filed in the gujarat high court pray-

ing for rehabilitation to be done and in a series of cases, the

high court granted stay on demolition till such time as the re-

habilitation site was made available and ready. on January

5, 2006, all of a sudden without notice to the concerned slum

dwellers, the municipal commissioner of the corporation re-

quested by a proposal to the state government to keep the

above-said resolutions in suspension under Section 451 (1) of

BPmc act. The resolution was operating for many years and

the high court had acted on this resolution extending the cut-

off date and rights had accrued to the slum dwellers. The state

government without application of mind and without notice to

the persons likely to be affected made mechanically passed

order on June 23, 2006 suspending the above-said resolutions

unanimously passed by the elected general body of the cor-

poration. The petitioner therefore challenged the order of the

state government on June 23, 2006 keeping the resolution of

the corporation dated in suspension by filing special civil ap-

plication no. 23637 of 2007. This came to be dismissed by the

high court by referring the matter to the corporation for a final

decision. The Petitioner was agreeable to this course of action.

however, the high court went ahead and ordered vacation of

the stay granted which was not at all agreed to by the petition-

ers. as result of the vacation of the stay, which has operated for

a year and two months, the slum dwellers were rendered de-

fenceless and many homes were demolished and many more


houses are to be demolished. Being aggrieved by the vacation

of stay and the demolition that have taken place and are likely

to take place this petition was filed. The court has disposed off

the matter granting protection till the final decision of the state

government.

Jan SangharSh manch VS STaTe of gUJaraT & orS

in The high coUrT of gUJaraT aT ahmeDaBaD Sca

no.14629 of 2004, Sca no.8295 of 2005, Sca no.9302 of

2005, Sca no.11222 of 2005, Sca no.10792 of 2005, Sca





no.1 of 2006 anD Sca no.25935 of 2007

These petitions concern more than three lakh urban poor in

the city of ahmedabad who reside in slums. The ahmedabad

municipal corporation passed resolution no. 1274 dated feb-

ruary 7, 2005 and resolution no. 486 dated June 30, 2005

passed under the Bombay Provincial municipal corporation

act, 1949 extending the cut off date for eligibility for rehabilita-

tion from 1976 to 1995. The above resolutions passed by the

standing committee were approved by the general board of

the ahmedabad municipal corporation by resolution no. 346

dated July 22, 2005. Despite this resolutions the corporation

continued to demolish the hutments which were in existence

prior to 1995 hence on the basis of these resolutions a number

of writ petitions came to be filed in the gujarat high court pray-

ing for rehabilitation to be done and in a series of cases, the

high court granted stay on demolition till such time as the re-

habilitation site was made available and ready. The petitioner

submitted before the high court that these houses/ hutments

were in existence prior to 1980 and all the residents who are

eligible to vote, their names have been entered in the voters

list for the aforesaid area since over a decade. all the hutment

dwellers have ration cards since more than 20 years.

Housing rigHts: puBLicAtions

BookseVicTion waTch inDia: a rePorT on

eVicTionS in inDia’S maJor ciTieS ParT 1

English, 2003

Editors: George, Rajeev & George, Sushil

This publication presents the findings of an

enquiry into large-scale forced evictions in

seven major cities of India: Mumbai, Delhi, Chennai, Kolkata,

Hyderabad, Ahmedabad and Indore. It includes Acts and

Regulations on tenure rights, a critical review of the national

slum policy draft and international covenants. It concludes

with a series of recommendations for the amelioration of the

dismal housing condition of India’s urban poor.

eVicTion waTch inDia-ii: gariBi haTao

Se gariBon Ko haTao

English, 2006

Editors: George, Sushil & Nautiyal, Suresh

This second volume presents the magni-

tude of the problem of forced evictions and

associated economic and human costs

rendered by such inhuman actions. It is brought out with the

hope to facilitate the establishments of a larger network.


BharaT mein ViSThaPan aUr QUanoon

(eVicTion waTch inDia-ii)

hindi, 2009

editors: george, Sushil & nautiyal, Suresh

This volume presents the magnitude of the

problem of forced evictions and associated

economic and human costs rendered by such inhuman ac-

tions.

JhoParPaTTi PUnarVaSan YoJana:

hamara ghar hamara aDhiKaar

(rehaBiLiTaTion Scheme for SLUm

DweLLerS)

hindi, 2006

editor: ahmed, Shakeel

The book clearly says that the poor cannot

make homes for themselves as they have neither money nor

skills. So, the duty to provide homes to them lies with the State.

righT To SheLTer anD eVicTion:

inTernaTionaL inSTrUmenTS, naTionaL

PoLicieS, JUDgemenTS anD rePorTS

english

Editors: Adenwalla, Maharukh & Bhutia,

Doma

The volume is a compilation of UN sub-

commission on human rights resolution on forced evictions,

national poicies, judicial terms on right to shelter and do-

mestic applicability of international instruments.

STraTegieS To comBaT forceD

eVicTionS: KoLKaTa worKShoP rePorT

English, 2003

The report contains the proceedings of

the three-day national workshop on hous-

ing rights that was held in kolkata, West

Bengal in November 2003.

eVicTion of fiShermen from JamBUD-

wiP imPLicaTionS anD SoLUTionS: a

PaneL DiScUSSion

English, 2003

The resource kit on the plight of fishermen

deprived of livelihood in Jambudwip after a

severe cyclonic storm that lashed coastal

West Bengal in November 2002.


SECULARISM & PEACE

SEC

ULAR

ISM

& P

EAC

E

Today, communalism in india continues in epidemic proportions as evidenced by

the 2008 orissa riots where over 3,500 christian nuns and missionaries were forced

into refugee camps due to burning and looting of hundreds of churches, convents,

seminaries and houses.


if communal elements are

upset because relief is being

provided to the victims,

it is the duty of the state

government to keep such

people under control rather

than use them to prevent

relief reaching the victim

community

After Independence, and particularly with the adoption of the Constitution of India, secularism became a value of civil society in India. Even though the Partition of India was a traumatic experience for many, with large-scale atrocities by both Hindu and Muslim communities, the co-existence of religious communities was essentially peaceful. Independent India did not see such a recurrence of strife for many decades. This is not to say that the post-Independence period was one of complete calm. There were sporadic communal massacres but these were limited in both scale and duration until the Sikh ‘riots’ (more aptly named ‘massacres’) of 1984, where 2,700 sikhs were brutally burnt, killed and slaughtered. The secular fabric of society was disintegrating, and there were thousands dead to prove it. As if to confirm the rapid decline of secularism in India, 1,800 Muslims were massacred on

the streets of Bombay in 1992, and over 2,000 Muslims were killed in the state of Gujarat in 2002. The struggle for justice in all these cases continues.

Today, communalism in India continues in epidemic proportions as evidenced by the 2008 Orissa riots where over 3,500 Christian nuns and missionaries were forced into refugee camps due to burning and looting of hundreds of churches, convents, seminaries and houses. The media covers riots when there is sufficient carnage to draw viewers. However, no less destructive to societal well-being is the ongoing discrimination and violence which is so integrated into daily life that it is not even deemed newsworthy. Religious minorities are deprived of their rights to life and liberty and face routine discrimination within their communities and

secuLArism And peAce in conteXt

The banners speak for themselves


the workplace. Concerted efforts are being made across the country to combat the propaganda of hate and violence and strengthen the secular values in society, but the work has had limited impact given the degree to which government and law enforcement officials often reinforce religious tensions through their actions.

FoRemosT ChaLLengesCitizens’ reports, findings of commission of enquiries appointed by governments, newspaper reports and eyewitness accounts of victims clearly indicate the active participation, instigation and encouragement of discrimination and violence by the police and government. It is not simply an issue of the majority community

initiating the riot. In all cases, there is evidence of repeated and detailed offences by the State which have even been documented by the official enquiry commission. As a result of the connivance by the State, few involved in the massacres are ever punished. A study of the riots in the past two decades shows that the existing criminal justice system completely failed in regards to punishing the police and members of the majority community. In many cases, police officers indicted by the enquiry commissions were, in fact, promoted by the government – thus rewarding them for their heinous acts. Clearly, the greatest challenge in combating communal violence is overcoming the obstacles put in place by the very people who are meant to protect society.

Activities

LEGAL AID & PUBLIC INTEREST LITIGATION Seeks justice for victims of communal crimes by investigat-

ing incidents and filing petitions.

LEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING a series of workshops have been conducted in different

states which addressed socio-political perspectives on com-munalism such as myths related to communalism, democra-cies and conversions, freedom struggle and the communal issue, communal fascism and fundamentalism. additionally, these workshops equipped participants to legally intervene through defensive and proactive measures.

ADVOCACY & CAMPAIGNING hrLn and other organisations in mumbai, Delhi and gu-

jarat drafted a model communal crimes bill agitating for a system operated by the majority community in favour of the minority community in cases of communal carnage. This special law is intended to combat the spread of communal crimes in the country.

CRISIS RESPONSE, INVESTIGATION & MONITORING fact finding reports educate the public about the true facts

of massacres, including injustice done to minority commu-nities and their suffering which otherwise might have been overlooked by the mainstream media.

ACCESS TO JUSTICE & PEOPLE’S TRIBUNALS iPTs to expose and investigate communal disturbances in-

clude the iPT on communalism in orissa which investigated criminal activity and human rights violations by hindu right-wing organisations, the consolidation of these forces, and the related growth of social violence against marginalised people.

SOLIDARITY & MOVEMENT-BUILDING organises meetings across the country for activists, parale-

gals, lawyers, community members, judges, journalists, aca-demics, and even police persons and bureaucrats, on agitat-ing for the rights of people affected by communal violence.

PUBLICATIONS & COMMUNICATIONS Know-your-rights materials on matters relating to commu-

nalism and the law.


Expression of anger with anguish

in many cases, police officers indicted

by the enquiry commissions were, in

fact, promoted by the government

– thus rewarding them for their

heinous acts. The greatest challenge

in combating communal violence is

overcoming the obstacles put in place

by the very people who are meant to

protect society

intiAtive overview

Together with other human rights organisations and secular groups, HRLN works in solidarity with the victims of communalism, bringing cases to court,

initiAtive impAct

In the Gujarat massacres, a team of lawyers and social workers from the network played an active role in pushing for the prosecution of the errant police officers, and also to get civil relief for the victims of the carnage. A large portion of the cases were successful, thereby providing closure to the families of those who suffered.

Our lawyers, activists and senior judges participated in and co-organised the concerned citizen’s tribunal

working on trainings and publications to make people aware of their rights and dispel myths that fuel the rise in communal acts and crimes.

in Gujarat in May 2002 where victim and eyewitness testimonials were recorded and relief camps were established. This resulted in spreading awareness of the atrocities and provided factual evidence which was used to secure State aid for the victims.

In the 1991-92 Bombay massacre, members of the Network were active in fact-finding teams, in the official commissions of enquiry, and in the class action litigations that were filed in the high court and the Supreme Court.


secuLArism And peAce: cAses*


naZma Biwi & anr VS STaTe of oriSSa

nazma Biwi & anr vs State of orissa (orissa high court,

2004) is an SLP that relates to the fundamental rights of the

petitioners, husband and wife, who wish to reside together

and are not being permitted to do so by the local commu-

nity. The petition was filed in July 2004 when the couple was

threatened by mobs repeatedly. Despite entreaties to the

high court that the matter ought to be heard on an urgent

basis, the petition lingered until april 2008. meanwhile, the

family life of the petitioners was severely disrupted. The high

court issued a decision refusing to interfere with the local

processes, in part because of their religious nature. an SLP

was immediately filed before the Supreme court, alleging that

the high court failed to take into account the true nature of

the petition, which as relates to the fundamental rights of the

abovementioned petitioners, husband and wife, who wish to

reside together and are not being permitted to do so by the

local community. This petition therefore raises an important,

recurring point of law of general public importance relating

to the interference by local communities of the exercise of

fundamental rights by individuals and married couples. The

police and the judiciary play the role of mute spectators and

the individuals or couples remain at the mercy of threatening

mobs. The question arises as to whether local communities

and other local bodies should be allowed to interfere with

threats of force and violence and whether it is permissible

for the police and administration to remain inactive in such

circumstances.

mS ShaBnam haShmi VS Uoi & anr

at present in india, only hindus, Buddhists, Jains and Sikhs

can adopt under the hindu adoption and maintenance act,

1956. however, there is no law that enables adoption of and by

persons/children of other religions mainly, the muslims, chris-

tians, Jews and Parsis. The petition (Supreme court, 2005) has

been admitted and pending in the Supreme court.

PUcL’S inTerLocUTorY aPPLicaTion

PUcL filed an interlocutory application (Supreme court,

2006, application in writ petition 202 of 1995). The Sc has

admitted the interlocutory application and the matter is

pending in the court.

HRLN jointly-organised a ‘communalism and the law’ workshop which succeeded in encouraging the use of the legal system to combat communal practices. The workshop equipped paralegals, activists and lawyers with the necessary information and skills required in getting persons released on bail, defending appropriate cases in trials, getting compensation for deaths, injuries and damages to property.

HRLN continues to play a leading role in responding to the 2008 Orissa riots. From organising fast-response fact-finding missions to uncover the depth of the destruction, to bringing specific cases to court, to monitoring the conditions of the relief camps, HRLN has made a concrete difference in the lives of those who have been directly and indirectly affected by this most recent wave of violence.


hrLn VS PrinciPaL, SUPerinTenDenT of ThirUVanan-

ThaPUram meDicaL coLLege & SecreTarY, DePT of

heaLTh

The petition (Kerala State human rights commission, 2007)

challenges the government on the matter of officials engag-

ing in religious practices in government hospitals causing

hardship to people whose medical treatment is cancelled as

a result. hrLn’s intervention received much media attention

and through this we hope to send out a message that it is not

acceptable for officials to carry out religious practice as part of

their duties and on government property. hrLn became the

petitioner in this case and filed a case before the State human

rights commission asking for an enquiry into the matter, com-

pensation for those who were affected and a strict direction to

government to stop this kind of religious practice in the gov-

ernment hospitals in the future. The State human rights com-

mission sought explanation from the medical college authori-

ties on the matter.

LoK aDhiKar Sangh VS STaTe of gUJaraT

in Lok adhikar Sangh Vs State of gujarat (SLP no. 7235-7237

of 2002, Supreme court), hrLn moved the Supreme court on

behalf of the muslim students of ahmedabad, who were unable

to appear for their examinations because the riots had taken

place and the examination centres were deliberately chosen

in the middle of these areas. The Supreme court intervened

and permitted the students who did not take the examination

to appear once again.

secuLArism And peAce: puBLicAtions

BooksDharma nirPeKShTa aUr Qanoon:

PraShiKShan niDeShiKa

hindi, 2008

editors: Desai, mihir & Vaz, nalini

The hindi training guidebook provides a

wealth of material to build session content

and encourges trainers to explore the provisions made for

secularism within the indian legal justice system.

SecULar LegaL iniTiaTiVeS BY The

chriSTian commUniTY

english

editor: monterio, rita

it is a treatise on the indian christians’ rights

particularly related to marriage, divorce,

adoption, maiintenance and succession.

SecULariSm anD The Law: TooLS anD

STraTegieS

english, 2007

editors: Desai, mihir & Vaz, nalini

The training guidebook offers wealth of ma-

terial to build session content, it encourges trainers to explore

the provisions made for secularism within the indian legal jus-

tice system.

SchooLS or haTe – LaBS?

english, april 2007

author: apoorvananda

The booklet tells that the school text books

in india are considered more as propaganda

material meant for spreading certain social

ideas and viewpoints and less as educa-

tional instrument meant for imparting knowledge.


commUnaLiSm anD The Law

english, 2001

editor: engineer, irfan

The compilation consists of the delibera-

tions at Panchgani, maharashtra on human

rights, social movements, globalisation

and the law.

criTiQUe of The commUnaL VioLence

BiLL (PreVenTion, conTroL anD

rehaBiLiTaTion) BiLL, 2005

english, 2007

editor: gonsalves, colin

The communal Violence Bill is an astonish-

ingly poor draft that has ignored the two drafts suggested by

civil society groups after extensive consultations with ngos.

The focus is on increasing police power and not on empower-

ing civil society to initiate and control prosecutions when com-

munal crimes occur. given that government is the principal

wrongdoer in many instances the thrust of the legislation is

misplaced, according to the critique.

faciLiTaTion gUiDe BooK

english, 2005

editor: chatterji, aurina

This booklet is basically a manual to teach

what facilitation does mean and how training

should ideally have interactive components.

PosTeRThe STaTe haS no reLigion

Language: english & hindi

Based on the theme of secu-

larism and the law, the poster

clearly points out that the State

has no religion.


Despite progress in modern medicine, and a new national health policy with updated

goals, the state of the people’s health in india continues to be dismal. The health

ministry is preoccupied with new economic policies, leaving age-old problems such

as death during childbirth, malaria, tuberculosis and diarrhea-related illness untreated.

Lack of access to basic needs like food and water, medical services and housing is

commonplace. Those unable to afford quality healthcare are forced to borrow – pushing

people into greater debt, or leaving them to suffer without any medical assistance.PEO

PLE’

s H

EaLt

H R

igH

ts

peopLe's HeALtH rigHts


a close look at each initiative taken up at hrLn,

each programme, each campaign, each case, each

struggle…reveals a link in the chain which leads to

promoting health and human rightsSanjai Sharma

Director, People’s Health Rights Initiative

peopLe's HeALtH in indiA

The health of Indian people has shown a gradual decline or stagnation, especially if we look at the fate of sensitive health indicators and goals laid out in the first national health policy of the 80s. When health goals set out in the national health policy fell short, activists established networks called peoples’ health campaigns’ (jan swasthya abhiyan). Demanding “health for all now”, groups agitated against the State’s chronic corruption, negligence, incompetence, absenteeism and indifference. While there have been some concrete advances such as securing right to food as a justified right, exercising right to information and establishing the National Rural Employment Guarantee Act, the challenges continue to overshadow the gains.

One of the foremost challenges facing India today is reduction of funds allocated for the health of its people. In fact, the State has discreetly withdrawn from the public health system in the country, handing over more and more services, treatment and medications to corporates, making it impossible for those with low incomes to remain healthy. Other issues include lack of community ownership of public health programmes – thereby impacting levels of

efficiency, accountability and effectiveness. Further, lack of integration of sanitation, hygiene, nutrition and drinking water, access to quality health services and increasing health costs due to privatisation contribute to the ailing system. Given the link between economic development, productivity and the health and well-being of its citizens, it is clear that India’s overall health will continue to suffer as a result of the State’s failure to take care of its people.

ComBaTing maTeRnaL moRTaLiTY

A PIL regarding the pernicious practice of child marriages (generic cause of maternal mortality and morbidity) in India resulted in a direction to the police and the administration in all the states to take effective steps to implement the Child Marriage Restraint Act and to prevent child marriages in the country. The court pushed the government to enact a new law. The Supreme Court ordered the National Human Rights Commission to investigate cases of mass child marriages in certain states. The Supreme Court directed compulsory registration of all marriages. Though the matter is still being heard in the Supreme Court, NGOs in different parts of the country


have reported a noticeable drop in the number of child marriages and a sharp decline in mass child marriages that were organised on ‘auspicious’ days.

A PIL was filed challenging the government’s decision to discontinue the national maternity benefits scheme(NMBS), which provided for payment of Rs. 500 for every poor pregnant woman to supplement nutrition. As a result of this case, the Supreme Court not only directed that the scheme be not discontinued but also extended to make the payments irrespective of the number of children and the age of the mother. It is estimated that this order could benefit about 20 million women.

Another PIL was filed regarding the partial implementation of an important supplementary nutrition scheme for

pregnant women, lactating mothers and adolescent girls. They receive nutritional benefits in what are called Aanganwadis. About 1.4 million Aanganwadis were to be set up under this scheme, but only 600,000 were operational. The Supreme Court directed the remaining to be started within a specified time frame. This order theoretically would benefit over 10 million women.

In the government’s sterilisation camp in rural areas, poor women are sterilised in the most appalling conditions. Bicycle pumps are used instead of sterilised air, laproscops are not sterilised. The camps are conducted in the most unhygienic rooms without even the most elementary care taken for cleanliness. The operations are done in an assemblyline fashion. Pre-operative tests and precautions are not taken and post-


operative care does not exist. Women suffer in silence. As a result of a PIL filed in the Supreme Court, extensive guidelines were laid down to be followed throughout the country doctors were required to possess a minimum qualification, cleanliness standards were to be enforced, pre and post-operative care was to be taken, a national insurance scheme came into force under the directions of the SC and a monitoring and reporting system was to be set up.

Series of cases were done relating to the maternal health of pregnant women including pregnant HIV positive women and Dalit women, who were turned away by public hospitals because they were poor or HIV positive. Some delivered on the pavements outside the hospitals. Others developed serious complications and nearly died without treatment. The high courts intervened in several cases ordering immediate admission and free treatment and also directed enquiries be conducted to identify the officers responsible for the negligence. These cases have potentially far reaching repercussions for the treatment of poor women throughout the country.

A series of cases was done regarding the conditions of the public health centres, the community health centres and the facilities in the public hospitals. In most cases, particularly in rural areas, trained staff, medicines and equipment are not available. Emergency obstetric care facilities which are required to be put in place under the government programmes are rarely available. Blood is often not available. Ambulances to take the women to the institutions do not operate. This is why the maternal mortality rates in India are so high. The high courts intervened in a number of cases. While the cases are

pending, blood facilities have been made available in some states and directions have been given in other states for enquiries to be conducted into the state of affairs of the public health system.

Apart from litigation, training on the law including judicial colloquia and the publication of ‘know-your-right’ materials has had a huge impact in getting judges, lawyers, NGOs, academics, activists and journalists to look at the issue from a rights perspective. The people's tribunal on the two-child norm, a high profile peoples court, raised the profile of the national campaign against the two-child norm and was partly responsible for the subsequent decision of the government to do away with this norm. A book on the topic, Coercion vs Empowerment, has been widely disseminated in India.

FoRemosT ChaLLengesHRLN espouses the WHO’s broad definition of health as, “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” Given the intrinsic link between health and the work we do in HIV-AIDS, Disability, Women and Child Rights and other Initiatives, HRLN’s efforts in peoples’ health are subsumed into all programmes. HRLN focuses on making the government invoke human rights enshrined in the Constitution of India and deliver on what it says it will do through the use of law. To this end, the mandate of the Peoples’ Health Initiative is to ensure that the poor in India have: right to life and right to health, universal access to treatment, universal access to essential drugs, right to information, right to informed consent and right of choice, right against negligence, right to reasonable care, and, right to compensation.


forUm for facT finDing DocUmenTaTion anD aDVo-cacY VS Union of inDia Supreme court of india a PiL (petition number 212/2003) regarding the pernicious practice of child marriages (generic cause of maternal mortal-ity and morbidity) in india resulted in a direction to the police and the administration in all the states to take effective steps to implement the child marriage restraint act and to prevent child marriages in the country. The court pushed the government to enact a new law. The Supreme court ordered the nhrc to in-vestigate cases of mass child marriages in certain states. The Sc directed compulsory registration of all marriages. Though the matter is still being heard in the Supreme court, ngos in different parts of the country have reported a noticeable drop in the number of child marriages and a sharp decline in mass child marriages that were organised on ‘auspicious’ days.

PUcL VS Union of inDiaSupreme court of indiaa PiL was filed challenging the government’s decision to discon-tinue the national maternity benefits scheme (nmBS), which pro-vided for payment of rupees 500 for every poor pregnant woman to supplement nutrition. as a result of this case, the Supreme court not only directed that the scheme be not discontinued but also extended to make the payments irrespective of the number of children and the age of the mother. it is estimated that this order could benefit about 20 million women.

another PiL was filed regarding the partial implementation of an important supplementary nutrition scheme for pregnant women, lactating mothers and adolescent girls. They receive nutritional benefits in what are called aanganwadis. about 1.4 million aanganwadis were to be set up under this scheme, but only 600 thousand were operational. The Supreme court di-rected the remaining to be started within a specified time frame. This order theoretically would benefit over 10 million women.

as a result of a PiL filed in the Supreme court, extensive guide-lines were laid down to be followed throughout the country doctors were required to possess a minimum qualification, cleanliness standards were to be enforced, pre and post-oper-ative care was to be taken, a national insurance scheme came into force under the directions of the Sc and a monitoring and reporting system was to be set up.

SanDeSh BanSaL VS STaTe of mP (PeTiTion nUmBer 9061/2008) maDhYa PraDeSh high coUrTKaLYani mina VS STaTe of JharKhanD (wriT PeTiTion 5511/2008), JharKhanD high coUrTSneh LaTa Singh @ SaLenTa VS STaTe of UP (wriT PeTi-Tion 14588/2009)PUcL BanDa VS STaTe of UP (wriT PeTiTion 6464/2006)STree aaDhiKar SangaThan VS STaTe of UP (wriT PeTi-Tion 5144/2009), aLLahaBaD high coUrTanD oTher caSeS

Series of cases were done relating to the maternal health of pregnant women including pregnant hiV positive women and Dalit women, who were turned away by public hospitals be-cause they were poor or hiV positive. Some delivered on the pavements outside the hospitals. others developed serious complications and nearly died without treatment. The high courts intervened in several cases ordering immediate admis-sion and free treatment and also directed enquiries be con-ducted to identify the officers responsible for the negligence. These cases have potentially far reaching repercussions for the treatment of poor women throughout the country.

a series of cases was done regarding the conditions of the public health centres, the community health centres and the facilities in the public hospitals. in most cases, particularly in rural areas, trained staff, medicines and equipment are not available. emergency obstetric care facilities, which are re-quired to be put in place under the government programmes, are rarely available. The high courts intervened in a number of cases. while the cases are pending, blood facilities have been made available in some states and directions have been given in other states for enquiries to be conducted into the state of affairs of the public health system.

aLL-inDia DrUg acTion neTworK (aiDan) & orS in feD-eraTion of SoUTh inDian VS The DrUg conTroLLer generaL of inDia & orSmadras high court The petition (writ petition 35354 of 2007, writ petition 36369 of 2007 & writ petition 35844 of 2007) filed by the Pharma-ceutical companies against the decision of the Drug control-ler of india (Dcgi) ordering withdrawal of several fixed dose combination (fDc) drugs (more than 300 in number) since

peopLe's HeALtH in indiA: cAses*



they are irrational and/or for not following proper licensing procedures or for lack of adequate supportive data. implead-ment application was filed by all-india Drug action network (aiDan), medico friend circle, Low cost Standard Therapeu-tics, Drug action forum-Karnataka and concerT, (centre for consumer education, research, Teaching, Training and Testing). combination products also known as fixed Dose combinations (fDcs) are combination of two or more active drugs present in a dosage form. fDcs specified by the Dcgi for weeding out are unscientific. The safety of these fDcs is not studied. fDcs in general increase the chances of adverse drug reactions and drug-drug interactions. There are only a handful of fDcs, which are recommended by standard medi-cal authorities like reputed pharmaceutical textbooks or the world health organisation (who). in the who’s forteenth list of 312 essential medicines, only 18 are fDcs. in the latest list of march 2007, there are 347 essential drugs that include only 26 fDcs. fDcs are an economic waste when only a single ingredient drug can do. Unaware patients tend to get exploited as fDcs are marketed as superior to single ingredient drugs. Pharmacopeias in general specify only quality test procedures and standards for single ingredient drugs. Quality procedures for the fDcs are dependent on the manufacturer’s word in the absence of scientific third-party validation. in addition, this overloads the already stretched and strained quality labs as well as the limited number of drug inspectors (about 1000) in this country. Such a large presence of fDcs, in different dos-ages, and brand names, creates confusion for the prescriber and increases chances of medication errors that are harmful, and sometimes even fatal, for the patient. fDcs apart from confusing patients and scientifically inclined doctors, pose a problem in price regulation. it is easier to fix ceiling prices for single ingredient drugs and the nPPa (national Pharmaceu-tical Pricing authority) has limited resources to deal with the issue of appropriate pricing of fDcs.

S P ShUKLa & orS VS Union of inDia & orS Supreme court of indiaThe petition [writ petition (civil) 64 of 2009] is concerned with the closure of public sector vaccine production units like the 100 year old Pasteur institute, coonoor, the haffkine institute, mumbai, the 103 year old central research institute, Kasauli, the 60 year old Bcg Vaccine Laboratory, chennai, arbitrarily, malafide and against the public interest, in the state of himachal Pradesh and in the state of Tamil nadu. This petition raises very important issues vitally affecting public health and bio-security of the country especially that of women and children. Vaccines are vital in the public health programme of all nations as they

are necessary for the immunisation programme, which com-bats suffering, disability and death. government of india had strong policy support for self-reliance in vaccine technology and self-sufficiency in vaccine production until 2005. india was an early bird in vaccine production. But now are purposefully closing these public units to facilitate, promote privatisation of vaccine research, manufacture and production. india is among the largest vaccine makers and buyers globally. The current vaccine market in india is estimated at more than US $ 150 millions in india and $ 8 billion globally. government purchases for universal immunisation programme run into over thousand crores of rupees, making it an attractive business opportunity for private sector, but the predominance of the public sector manufacture of vaccines and their price competitiveness has been the biggest impediment for the private sector to capture the vaccine market, till government halted it.

aLL inDia DrUg acTion neTworK (aiDan) & oTherS VS Union of inDia & orSSupreme courtThis petition (2003) was filed after the government of india tried to introduce legislation which would alter india's patent laws and de-subscribe essential medication which was sub-ject to price controls – such moves would make new and es-sential medicines more expensive, and consequently beyond the reach of millions of india's poor. The petitioners argued for an essential list of medicines which would be subject to price controls and for a just and equitable pharmaceutical policy which was based on the public health needs of the masses. This case is currently being heard in the Supreme court

haemoPhiLia feDeraTion inDia VS Union of inDiaDelhi high court haemophiliacs rely on an expensive drug treatment to survive and lead normal lives. when this drug is in short supply then many haemophiliacs are forced to purchase the drug at a com-mercial rate which they can ill afford. This PiL (2007) sought a solution to this situation, to ensure that all haemophiliacs had access to this life saving drug regardless of their economic position.

hrLn VS PrinciPaL, SUPerinTenDenT of ThirUVanan-ThaPUram meDicaL coLLege & SecreTarY, DePT of heaLThKerala State human rights commissionThe petition (2007) challenges the government on the matter of officials engaging in religious practices in government hos-pitals causing hardship to people whose medical treatment is cancelled as a result. hrLn became the petitioner in this case


and filed a case before the state human rights commission asking for an enquiry into the matter, compensation for those who were affected and a strict direction to government to stop this kind of religious practice in government hospitals in the future. hrLn argued that the constitution of india requires that institutions of State stand apart from religion and religious practices, and remain neutral and impartial. government of-ficials engaging in religious practices as part of their official duties and religious ceremonies being performed on govern-ment property and public places are completely unjustifiable. The state human rights commission sought explanation from the medical college authorities on the matter.

raJeSh raghUnaTh KanoJia VS STaTe of maharaShTra & orSBombay high court, 2007ensuring the health rights of prisoners: The petitioner was re-manded in judicial custody awaiting trial in 2005. whilst work-ing in the prison kitchen, he fractured his leg. following initial treatment, the petitioner was returned to jail. however, his leg became infected and in may 2006 the petitioner applied for and was granted costs for another operation (under rights granted by articles 21, 225 & 226 of the constitution of india). Despite

further orders and letters the operation had not been carried out as of april 2007, at which point the petitioner was acquitted of the original charges. The prison authorities took the stand that, as the petitioner had been acquitted they could not use the allocated money for his operation. an order was passed on June 13, 2007 stating that as the original infection was caught whilst the applicant was in prison the State would have to bear the expenses of the remedial operation.

cenTer for YoUTh anD SociaL acTion VerSUS The STaTe of nagaLanD anD oTherS, wriT PeTiTion 62/08high rates of mortality and morbidity due to drug resistant ma-laria are highly prevalent in the northeastern state of nagaland. it is a major public health concern, particularly in young chil-dren and pregnant women. apart from acute episodes in preg-nant women, malaria causes anemia, abortions and stillbirths. it affects school attendance and learning ability of children and is one of the major causes of inability to work. The state of na-galand understaffs its anti malaria programme,does not have proper testing equipment and essential supplies for early diag-nosis and prompt treatment. a PiL has been filed in the Kohima bench of the high court of guahati to speed up prevention and control of this endemic epidemic.

peopLe’s HeALtH: puBLicAtions

BooksheaLThcare caSe Law in inDia: a reaDerEnglish, 2007Editors: Desai, Mihir & Bali, Mahabal Ka-mayaniThe Reader pointedly says that the major-ity of population of the country is excluded from any statutory recognition of right to

health and mainly looks at the constitutional recognition and judicial pronouncements.

The PaTheTic JUDicaL eSPonSe To DangeroUS DrUgS english, 2001editor: gonsalves, colinThis thin volume tells how the history of drug production and sale in india is that of sub-servience of the State to the mncs and a disregard to the human life.

infecTing mUmBai: ProBLemS anD SoLUTionS in meDicaL waSTe man-agemenTEnglish, 2000This report aims to highlight the state of medical waste management in Mumbai. The conclusion is that the emphasis has to be on citizens’ proactiveness towards bio-

medical waste. The report is useful to the healthcare profes-sionals, governments and citizens.


Indian/IndependentPeople’s Tribunal

IndIan

/Inde

pend

ent p

eopl

e’s tr

Ibuna

l

iPT works through a large network of over 500 judges, lawyers, human

rights activists and ngos. it helps movements bring their local issues to the

national and international platform. in its nature and structure, iPT endeavours

to strengthen the processes of local governance, democracy and helps to

highlight human rights and environmental violations by both State and private

parties with the goal of seeking redressal and changing policy.


In June 1993, at the National Conference on 'Human Rights, Environment and the Law', 400 lawyers, judges, human rights activists and non-governmental organisations met to share their experiences. Disillusioned with the apathy of the judiciary towards human rights and the environment they resolved to campaign for changes in the system and to evolve a means to make the judiciary and executive more accountable to the people they are meant to serve.

The Indian People’s Tribunal on Environment and Human Rights (IPT) was formed on June 5, 1993 to conduct fair and credible investigations focusing on issues concerning human rights and environmental justice.

Positioned as an alternative People’s Court that gives voice to the struggles of grassroots organisations and affected communities, IPT (also known as Independent People's Tribunal) conducts investigations on issues concerning human rights.

IPT works through a large network of over 500 judges, lawyers, human rights activists and NGOs. It helps movements bring their local issues to the national and international platform. In its nature and structure, IPT endeavours to strengthen the processes of local governance, democracy and helps to highlight human rights and environmental violations by both State and private parties with the goal of seeking redressal and changing policy.

An IPT on the World Bank Group was held in New Delhi in September 2007

IPT completed 10 years of work in June 2003. Through the hearings conducted so far it has gained acceptance and continues to advocate for a change in the attitudes of the judiciary and government officials in responding to the grievances of socio-economically disadvantaged communities through greater transparency and accountability.

Thus far HRLN has convened over thirty IPTs on multiple issues including police atrocities, industrial pollution, women and children, torture, forced evictions and displacements due to development projects, natural disasters, urbanisation and communal violence.


oBJectives

To provide an alternative vision for both the judiciary and the public by delivering judgements on crucial human rights issues that can act as models for serving judges to follow.

To investigate cases of gross human rights violations and environmental degradation by both State and private parties and to report, campaign and litigate on such offences in order to obtain relief for the victims.

Unearth and review impartially the facts of each case, taking into account the views of all the stakeholders –

tHe triBunAL process

Building on the tremendous respect judges command in India, progressive retired judges are chosen to take leadership of a particular tribunal topic and lead a distinguished jury. Investigations are carried out by this jury of experts, headed by retired Supreme Court or high court judges, who canvass people across India possessing first-hand knowledge of the alleged ‘crime’ in order to capture as many different perspectives as possible. Ultimately, this is done in order to provide an objective basis for tribunal proceedings. The results of the investigation, along with jury recommendations and findings, are presented at a public hearing and the resulting report is distributed widely throughout the country as well as internationally, in some cases. Below, please find details regarding the processes’ chronology:

including the affected individuals/communities, State and private actors.

To highlight the plight of the oppressed, in particular, children, women, tribal people, slum dwellers, labourers and prisoners, and to encourage victim communities to fight for their rights.

To promote the right to information for the disadvan-taged communities through increasing community activism, spreading awareness of legal rights, and par-ticipating in the decision-making process.

The two secretariats based in Mumbai and New Delhi coordinate the investigations. The important components of each enquiry include research, coordination, investigation and public hearing, campaign, documentation, evaluation and follow-up.

Petition: A grassroots organisation may, on behalf of the affected community, approach the IPT secretariat to organise a tribunal enquiry. This is accompanied by details of the nature of violation and relevant documents. In critical situations, the IPT also conducts enquiries in instances that require immediate crisis response. The secretariats process the request, and the terms of reference are drafted. An expert panel, chaired by a judge, is formed to conduct the enquiry.


site visit and public hearing: A site visit is then organised for the tribunal to study the situation first hand, meet with and record the statements of affected persons and government officials. In most cases where the abuse affects a large number of people, a public hearing is organised. An opportunity to depose before the tribunal is also provided to the concerned state and non-state officials.

Report: A detailed report containing the research, and findings and recommendations of the tribunal is drafted. This report is released at a public meeting/press conference and distributed to government authorities, the media, community-based organisations, and other stakeholders both in India and abroad. Some reports are also published in regional languages. The IPT endeavours to develop a mechanism that will inform public opinion and potentially change government policy.

ipt: puBLicAtions

BooksSTaTe TerroriSm: TorTUre, eXTra-

JUDiciaL KiLLingS anD forceD DiSaP-

PearanceS in inDia

english, January 2009

This publication is a report of testimonies

given by the victims of torture from various

states of india at a national convention held at Delhi. it also

contains an overall analysis of the increase in the use of torture

by the police and the security forces.

UnToUchaBiLiTY on TriaL: rePorT on

inDian PeoPLe’S TriBUnaL on Un-

ToUchaBiLiTY, maY 12-13 2007, new DeLhi

english & hindi, 2008

The small book records the proceedings of

the iPT held through two mid-summer days

in Delhi in 2007 and also puts them in per-

spective vis-à-vis Dalit issues.

commUnaLiSm in oriSSa

September, 2006

The report documents the rise of commu-

nalism in orissa and highlights the present

situation of increasing criminal activity and

human rights violations.

KaShiPUr: an enQUirY inTo mining anD

hUman righTS VioLaTionS in KaShiPUr,

oriSSa

english, october 2006

The report enquires into the alleged human

rights and environment violations created

by a bauxite mining project in the Baphlimali hills of orissa.


riSe of faSciSm in inDia: VoiceS

BeneaTh The aSheS

english, 2007

The volume includes testimonies of the

victims of communalism from different parts

of india rendered before an iPT on the rise of

fascist forces and the attack on the secular

State in Delhi in march 2007.

iPT on DamS in arUnachaL PraDeSh:

feBrUarY 3, 2008, iTanagar, ar-

UnachaL PraDeSh, inDia

english, february 2008

Text editor: Suresh nautiyal

arunachal Pradesh has been dubbed as

the new powerhouse of india. however, the

dams are likely to have many adverse social and serious envi-

ronmental impacts.

finDingS of The JUrY: iPT on The

worLD BanK in inDia

english & hindi, September 2008

The Jury that was constituted to examine

the testimonies and presentations at an iPT

on wB held at new Delhi (September 2007)

concludes that the wB sponsored projects

cause grievous and irreversible damage.

PUBLic eDUcaTion in mUmBai: rheToric

or righTS?

english, 2008

report: Kashyap, aruna

This is a report on iPT on environment and

human rights. The iPT was formed to con-

duct investigations focusing on issues concerning human

rights and environment justice.

an enQUirY inTo The BanDra worLi Sea

LinK ProJecT

english, 2001

The enquiry finds that the legal requirements

were not fulfilled in case of the Bandra worli

Sea Link Project.

aTTacK on The caThoLic hoSPiTaL

aSSociaTion of inDia’S worKerS of

nanDUrga, maharaShTa on feBrUarY

13, 1998 (eighTh rePorT, ParT-1

english, march 1998

The report looks into the attacks on the

workers of chai on february 13, 1998 in nandurga village

which was severly affected in the Latur earthquake.

BULLDoZing righTS: rePorT on The

forceD eVicTionS anD hoUSing

PoLicieS for The Poor in mUmBai

english, June 2005

The report narrates the forced evictions

and demolitions from november 2004 to

february 2005 in mumbai that rendered more than three lakh

people homeless.

DammeD fUTUre?

march, 2000

The report enquires into the status of reha-

bilitation of the project affected families of

the Sardar Sarovar Project in maharashtra.


facT finDing rePorT of iPT on The

aTrociTieS againST DaLiTS in The

BanaSKanTha DiSTricT of gUJaraT

february, 2003

it notes that the issue of land alloted to Dalits

in Banaskantha in gujarat is really a burning

issue and Dalits be given priority on excess land.

hUnTeD, hoUnDeD anD homeLeSS in

inDore: a rePorT on Large-ScaLe

forceD eVicTionS

english, april 1999

it investigates into the illegal and large-scale

demolitions of slum colonies in indore, in an

open and flagrant violation of the master plan of indore city in

madhya Pradesh.

gareeBon Ka ShiKar KarTi SarKar

(hUnTeD, hoUnDeD anD homeLeSS…)

hindi, april 2000

The hindi version investigates into the

illegal and large-scale demolitions of slum

colonies in indore.

in The name of DeVeLoPmenT: an

inDePenDenT enQUirY inTo The

ProPoSeD maroLi-UmBergaon PorT

ProJecT, gUJaraT

english, april 2000

The report takes note of the proposed

maroli-Umbergaon Port Project in gujarat and the project’s

impact on the local people.

inDian PeoPLe’S TriBUnaL on enViron-

menT anD hUman righTS (The SeconD

rePorT)

english, 1993

The report records the conditions of the trib-

als, violation of their human rights and the

tardy process of rehabilitation of the project

affected people in manibeli in gujarat.

The inDian PeoPLe’S TriBUnaL on

enVironmenT anD hUman righTS

(SiXTh rePorT)

english, 1994

The iPT report is about the plight of thou-

sands of adivasis in the resettlement colo-

nies of the Sardar Sarovar Project.

iPT on enVironmenT anD hUman

righTS: firST rePorT BY JUSTice Sm

DaUD & SeconD rePorT BY JUSTice Bg

KoLSe PaTiL (reTD.)

english, 1992

This is a report on environment and human

rights by lawyers, judges and activists.

inDUSTriaLiSaTion anD ToXic PoLLU-

Tion in The goLDen corriDor of

gUJaraT: who BearS The coST?

english, february 1999

The iPT enquiry into the toxic and

hazardous industrial pollution from Vapi to

nandesari in gujarat, held in response to a

request, points out that the hazards of groundwater pollution

are sometimes more serious than surface pollution.


JaBaLPUr earThQUaKe: an enQUirY

inTo rehaBiLiTaTion anD DiSaSTer

managemenT

english and hindi, february 1998

The report points out that the Jabalpur

administration in madhya Pradesh did not

learn any lesson from earlier disasters and earthquakes.

JaBarDaSTeene haTwaLYa JanachYa

VaSTYa (a rePorT on The forceD

eVicTionS)

marathi,1994

The iPT report in marathi is about the forced

evictions of the slum dwellers and homeless

people in mumbai city.

KoeL-Karo: an inDePenDenT enQUirY

inTo The PoLice firing aT TaPKara anD

reSiSTance To The KoeL-Karo ProJecT,

JharKhanD

english, January 2002

The report talks about the larger aspects of the Koel-Karo Proj-

ect affecting the right to life and livelihood of the adivasis.

man Dam ProJecT

english, may 2002

The report is an independent enquiry into the

violations of human rights, legal entitlements

and rights to natural resources of the dam af-

fected tribals in madhya Pradesh.

nagarnar

english, September 2002

The iPT investigates into the land acquisition

and repression in nagarnar, chhattisgarh and

recommends that all seized property must be

restored to the lawful owners without delay.

narmaDa

english, September 2004

The report examines into the issues of dis-

placement, resettlement and rehabilitation of

people affected by the Sardar Sarovar Proj-

ect.

no foreSighT … no foLLow UP

english, 2001

The report is an enquiry into the relief and

rehabilitation process in the earthquake

hit areas in gujarat. The tribunal records

discrimination with the Scs/STs in relief

measures.

PUnTamBa: enQUirY inTo The DemoLi-

Tion of aDiVaSi hUTS anD STanDing

croPS

english, march 2003

The report investigates the demolition of

adivasi houses and crops in Puntamba,

ahmednagar, maharashtra.

rePorT of The facT finDing commiT-

Tee inTo The aTTacK on PiLgrimS of

PaLi-naigaon VaSai TaLUKa Thane

DiSTT., maharaSTra

english, 1998

The report looks into the attacks on the pil-

grims of Pali-naigaon, maharashtra, who

had gone to Dadra, nagar haveli on pilgrimage.

rePorT on caSTe-BaSeD aTrociTieS on

DaLiTS in VaranaSi anD SUrroUnDing

areaS in UTTar PraDeSh

english, october 2002

The panel concludes that a continuous


monitoring of both the equity and efficacy of the process and

procedures is vitally necessary for maintaining a civilised rule

of law in india.

rePorT on enVironmenTaL anD hUman

righTS VioLaTionS BY chemPLaST Sanmar

anD maLco inDUSTrieS aT meTTUr, TamiL

naDU

english, July 2005

The iPT enquires specifically into several alleged environmental

and violation of human rights by the chemplast Sanmar and

maLco

rePorT on The aLLegeD enVironmen-

TaL PoLLUTion anD heaLTh imPacTS

caUSeD BY The hinDUSTan LeVer

mercUrY ThermomeTer facTorY aT

KoDaiKanaL

english, June 2003

The iPT report recommends that an independent assessment

be made of the spread of mercury in Kodaikanal area.

TerroriSm SanS TerroriSTS: an enQUirY

inTo The firing on BhiL aDiVaSiS in DewaS,

maDhYa PraDeSh

english, august 2001

The report is about an investigation into the Dewas

firing and the incidents which led to the firing and most impor-

tantly to uncover the real intention of the state government.

woUnDeD VaLLeY… ShaTTereD SoULS

english, 1997

The report is the outcome of a women’s fact

finding commission probing into army atroc-

ities on women and children in Kashmir.

criTiQUe of The commUnaL VioLence BiLL

(PreVenTion, conTroL anD rehaBiLiTaTion)

BiLL, 2005

english, 2007

author: gonsalves, colin

The communal Violence Bill is an astonishingly

poor draft that has ignored the two drafts suggested by civil

society groups after extensive consultations with ngos. The

focus is on increasing police power and not on empowering

civil society to initiate and control prosecutions when com-

munal crimes occur. given that government is the principal

wrongdoer in many instances the thrust of the legislation is

misplaced, according to the critique.

SeTTLemenT of righTS: aDiVaSi PeoPLe

in ProTecTeD areaS

english, 2002

The report is the result of an enquiry into

the process of settlement of rights of adi-

vasi people in the protected areas like the

Sitandi wildlife Sanctuary and the rajiv gandhi (nagarahole)

national Park.

on The aTrociTieS againST DaLiTS in

The BanaSKanTha DiSTricT of gUJaraT

english 2003

This enquiry details the atrocities commit-

ted on Dalits of banaskantha in the state of

gujarat.


in 2008, over 150 students from universities across india organised their

first national convention. we at hrLn are inspired and enthused by this new

generation pledging themselves to the movement for radical social change.

STUDENTS FOR HUMAN RIGHTSSTUDENTS FOR HUMAN RIGHTS

Background painting by Swapnil Khade, Anand Radhakrisnan, Mayur Guldagad, Sushant H.Waidande and Gaurav.Borse.


The last decade of a liberalised economy and unregulated market has not only distanced education from the poor but also accentuated right wing leanings of most educational campuses which shamelessly churn out anti-poor professionals who undoubtedly in the near future will be at the helm of affairs chartering a dark course for India, if unchecked.

As a countercurrent, HRLN through its units across the country is helping build an independent national network of students. While in the beginning the network began its work on law college campuses, it today has members across the education spectrum.

Coordinated by a core team Dalits, Muslims, Tribal’s and Women students among others, SHR strives to bring to young minds on campuses information that is correct and shorn of right wing perceptions. In doing so it takes the engagement further by making available opportunities to engage with human rights issues on

reaching out to students,

getting them involved

and educating them

on pertinent issues

strengthens our resource-

base and helps us meet

our goals. Students are

those who have most at

stake in india’s future David Barsamian, a well known communicator and radio journalist from the USA, talking to the participants at an SHR meeting in Mumbai in December 2008

a day to day basis both within the dynamics of legal interventions and outside.

What usually begins as an internship or volunteer work for most students turns in due course of time to become a full time curricular activity for a growing cadre of vibrant and determined students combating AFSPA from Manipur in the North East to Kashmir in the North, engaging with Communalism in Orissa and Goa to Gender Violence in Karnataka, or displacements across India and engaging with political thought and activity about armed struggles, naxalism, peoples movements and resurging global imperialism.

SHR members can be easily identified on campuses being the ones that assert their support for reservation for disadvantaged groups, accountability for human right violations by our armed forces, self determination for Kashmir and Tibet, need for accountability in acts of state sponsored communal violence and countering


ActivitiesLEGAL EDUCATION, JUDICIAL COLLOQUIA & TRAINING Periodic workshops, meetings and conferences at regional,

national and international levels to further students’ rights-based political perspective and skills.

Distance research associate programme to provide stu-dents with an opportunity to strengthen movements with field and academic research.

internships to place students with rights-based movements and organisations across the country.

Legal aid camps to provide law students with concrete pre-litigation and litigation skills.

ADVOCACY & CAMPAIGNING campaigns to facilitate active engagement of students with

rights-based discourses.

SOLIDARITY & MOVEMENT BUILDING Scholarships to Dalit, tribal and muslim students to intern

with hrLn offices on projects and campaigns.

A Tibetan youth leader, Tenzin Tsundue, addresses the SHR meeting in Mumbai in December 2008

lopsided economic policies of privatisation and liberalisation.

SHR has since its inception in 2008 worked with students in the states of Goa, Assam, West Bengal, Madhya Pradesh, Tamil Nadu, Kerala, Maharashtra and Delhi. By the year 2010 SHR hopes to establish SHR chapters in all the states of India along with special units focusing on a spectrum of rights of social movements.

HRLN through SHR provides scholarships for at least twenty Dalits, Muslim and Tribal students every year, this to enable them to intern with the HRLN offices and acquire leaderships skills to work with their community in due course.

At its National Convention, Mumbai on the December 26 & 27, 2008, students from across the country spent time with Justice Zakeria Yakoob (Constitutional Court of South Africa), David Barsamian (Alternate Radio, USA), senior journalist Praful Bidwai, Amit Sengupta, (Editor, Hard News), Harsh Dobhal (Editor, Combat Law), Prof Ram Puniyani and others deliberated on issues and strategies pertinent to both India and the world, chartering a course for SHR for the coming years.


interns are exposed to a wide range of issues through interaction with their programme

team, office colleagues, partner organisations, guest conference speakers, and individuals

from the struggle movements themselves. according to programme evaluation feedback,

the broad–spectrum of practical experiences to which interns are exposed provides them

with an opportunity to translate the theoretical aspects of their studies into practice.

INTERNSHIP PROGRAMMEINTERNSHIP PROGRAMME


interns are an integral part of our team. annually, hrLn hosts

approximately 100 interns at our Units in various parts of the

country. over the years, hundreds of students from more than

50 law colleges, social work institutes and universities have

interned at our offices. we are proud of the programme’s

diversity and the fact that people from over fifteen countries have participated Sehba Meenai

Coordinator, Internship Programme

An internship with HRLN is a rewarding experience for those committed to human rights and social justice. We offer a unique opportunity to participate in a grassroots movement for social change and welcome people from all disciplines to contribute to our wide range of projects. The programme is designed to provide interns with exposure to the legal and social aspects of public interest work, thereby allowing them to develop skills and insight into how the combination of law and social activism can achieve concrete results. Each intern is given an individual project to complete during her/his tenure at HRLN which varies according

to the intern’s qualifications and interests as well as the needs of each HRLN office. Based on an assessment of these factors, a personalised project is designed by our Internship Coordinator which provides a combination of learning with routine administration. The result is a mutually beneficial, balanced programme.Internship duties often include legal research, drafting public interest petitions, participation in fact-finding missions, publication preparation, training session, conference and workshop planning. While an intern is based in one office of the organisation’s network, there may be the opportunity to travel to different regions

helping in organising a labour conference helped me understand

how labour rights were violated. This experience also helped me in

knowing how much hrLn’s work enhances the knowledge-base

Rafia Farooq Peer, Nationality: Indian (Kashmir, India), University of Kashmir, Academic Focus: Social work


hrLn works nationwide on a wide variety of cases

and issues. as such, it is an ideal place to get a bird’s-eye

perspective of the state of human rights in india. although

you might be immersed in your work in Dalit rights, you will

often spend lunch talking to a co-worker who is enmeshed

in juvenile justice reform, attend a weekend hrLn conference on the state of

environmental law in the country, or go to a friday staff meeting that features

a speaker from the Tibetan Parliament in exile...most of all, the work at hrLn

is rewarding. There is no doubt, hrLn has been an integral part of my

development as a public interest lawyerNicholas Robinson, Nationality: American (USA),

Yale University, USA, Academic Focus: Law

based on the length of the internship and the project on which the intern is working.

Interns are exposed to a wide range of issues through interaction with their programme team, office colleagues, partner organisations, guest conference speakers, and individuals from the struggle movements themselves. According to programme evaluation feedback, the broad–spectrum of practical experiences to which interns are exposed provides them with an opportunity to translate the theoretical aspects of their studies into practice. This allows the student to make a personal contribution to social change within a limited period of

time – which is as fulfilling to the intern as it is valuable to HRLN and the people we support.

Moving forward, we want to attract more students from socially disadvantaged sections of Indian society as a means to encourage them to take up social activism on behalf of their communities. As such, we are offering monetary assistance to Dalits, tribals and Muslims. Women and students with multiple disadvantages are given preferential treatment.

There is no better way to learn about the programme than from the interns themselves.


The centre for constitutional rights, india (ccri) has been established to provide specialised training, in constitutional law and access to justice. The ccri aims to create an alternative pro-bono legal aid culture-based on human rights principles within the justice system; and to fill the huge gap that exists in india in human rights education by delivering professional development courses to social workers, judges, lawyers, students, teachers, doctors and journalists.

centre For constitutionAL rigHts, india


CenTRe FoR ConsTiTuTionaL RighTs, inDiaThe Centre for Constitutional Rights, India (CCRI)was recently established: (a) to provide specialised training for NGOs, social workers, judges, lawyers and students and professionals such as teachers, doctors and journalists, in constitutional law and access to justice; (b) to create an alternative pro-bono legal aid culture based on human rights principles within the justice system; (c) to tackle the problem of very low levels of transparency, awareness and understanding of law; (d) to counter anti-poor attitudes in the judiciary, the police and the administration by reference to the latest developments in human rights law in India and abroad; (e) to increase awareness of and access to the UN system; (f) to influence the making of new laws and repeal of retrogressive legislation; (g) to influence administrative policies oriented towards rights and poverty alleviation and strengthen the social democratic tendencies; (h) to inform parliamentarians of the negative features of existing or proposed legislation and to suggest new statutes; (i) to fill the huge gap that exists in India in human rights education by building an interface between the teaching of human rights law and practical access to justice.

PaRTiCiPanTsCCRI’s courses are designed to equip individuals and organisations to strive more effectively for the realisation of the constitutional rights of tribals, Dalits, trade unions, unorganised workers, women, disabled people, people affected by HIV/AIDS, environmental NGOs, prisoners, children, slum dwellers, farmers, health rights groups, education rights networks and refugees.

souTh asianOperating out of India's national capital, New Delhi, CCRI hopes to expand to service the communities in Pakistan, Nepal, Bangladesh, Sri Lanka, Thailand, Indonesia, Philippines and other countries in South Asia, as all these nations looked to India for judicial precedence on human rights issues. India is seen as leading the world in public interest law and hence India is a natural location for such a training institute.

inTeRnaTionaL senioRs LawYeRs PRoJeCTCCRI has been established with support of the International Senior Lawyers Project (ISLP), a pro-bono legal organisation based in New York. ISLP provides legal services by experienced volunteer attorneys from all over the world with the goal of advancing the rule of law, protecting human rights and supporting economic justice and opportunity for the poor (For more details, see ISLP section).

inDian Law moDuLeThe module on Indian law and the Indian legal system will cover (i) the Constitution of India and leading judgements impacting civil, political, economic, social and cultural rights; (ii) the use of the writ jurisdiction of the high courts and the Supreme Court for class action (public interest) petitions; (iii) the law relating to indigenous people; (iv) labour law; (v) women and the law, with emphasis on violence against women, family law, property rights and personal law; (vi) children and the law with special emphasis on child labour, child sexual abuse, child marriages and child protection; (vii) housing rights with focus on the prevention of evictions


of slum and pavement dwellers; (viii) displacement from land with attention given to the Land Acquisition Act and its use by the State to displace millions of poor persons, land reforms adversely affecting the poor and the special economic zones; (ix) Dalits rights with emphasis on discrimination and violence against Dalits particularly Dalit women, affirmative action, the practice of untouchability and reservation for Dalits in education and employment; (x) disability rights with focus on the implementation of the Persons with Disabilities Act and the National Trust Act, with focus on access, reservation in employment and in education, and non-discrimination; (xi) the right to education and the retreat of the state; (xii) health rights and the privatisation of the public health care system, reproductive health and rights and essential drugs; (xiii) the rights of HIV positive persons not to be discriminated against and the movement for treatment; (xiv) refugees and the law with emphasis on the legal protection of refugees and internally displaced persons; (xv) criminal law with emphasis on torture, executions and disappearances, police reform, security legislation, and prisoner’s rights; (xvi) farmers rights; (xvii) patent law with focus on legal assistance for people’s movements against patents in the fields of health and agriculture; (xviii) environmental law from the point of view of the people’s movements; (xix) trafficking and the law including trafficking for sexual exploitation, domestic work and child servitude; (xx) sexual minorities and the law with focus on the decriminalising of consensual sexual activity; (xxi) the right to food and the use of the legal system to advance food sovereignty; (xxii) secularism and the law with focus on using constitutional provisions to combat hate activities against minorities, religious freedoms, personal laws and religious conversion.

inTeRnaTionaL Law moDuLe The module on international law will cover decisions of the European courts including decisions from the UK, the US Supreme Court and the federal courts, decisions from Africa particularly the South African Constitutional Court, judgements from South America particularly the decisions coming out of the Inter-American Commission on Human Rights particularly with respect to torture, executions and disappearances and judgements on the rights of the indigenous people; and the use of the UN system. Path-breaking decisions from Asia and elsewhere will also be relied upon in the international section. Comparative studies may be undertaken of statutes existing and judgements delivered in various jurisdictions on issues of common concerns such as security legislation.

LegaL aiD CLiniCsA practical and much needed outcome of the trainings conducted will be the setting up of legal aid clinics in educational institutions and NGOs where students will be trained to represent the marginalised.

sTaFFCCRI harnesses the vast potential of trained personnel existing in the country. These are senior retired and serving judges, senior lawyers, social workers with a sophisticated understanding of law and other academics and experts who are willing to participate on an honorary basis in the training programmes. The training staff, therefore consist of a core group of a highly qualified academics and professionals together with a large body of expert volunteers. Lawyers, judges, academics and experts from abroad will play a critical and sometimes leading role in shaping the curricula and in the academic programmes.


TRaining maTeRiaLCCRI has in place a library of human rights law material and know-your-rights publications including films and documentaries. These are in English and in several Indian languages.

LeCTuRe TouRsThe following recent lecture tours have taken place under HRLN they included New Delhi, Allahabad, Patna, Srinagar, Almora, Kochi, Chennai, Mumbai, Ahmedabad, Kolkata and Hyderabad.

Justice Yakoob (May to June 2007) of the Constitutional Court of South Africa on new approaches to justiciability, constitutional law, human rights and affirmative action.

Ms Barbara Bryant (October 2006) lawyer, author and professor of law from USA covered matters of sexual harassment, employment and discrimination law.

Delegation from the Irish Centre for Human rights, National University of Ireland, Galway (April 2006) on human rights in the international context

Jeffery T Rosen, (November December 2004) General counsel/Director of Policy, National Council on Disability (NCD) USA

JuDiCiaL CoLLoQuia Examples of recent judicial colloquia to have taken place under HRLN 2007 HIV & AIDs and the law 2006 Right to food attended – Including UN Special

Rapporteur on the right to food to India. 2005 Disability and Dalit rights supported by the

National Human Rights Commission 2005 Implementation of the Scheduled Castes and

Scheduled Tribes Atrocities Act.

DiPLomas anD CeRTiFiCaTesCurrently CCRI issues certificates to those participants who complete the training courses. It is expected that, over time, CCRI will affiliate with existing and recognised academic institutions both in India and abroad and issue accreditation for certain courses.

The sTRuCTuRe CCRI is presently a division of the Human Rights Law Network. Together with ISLP, the CCRI hopes to establish an international advisory board of eminent persons to guide its activities in the years to come.

The meThoDCCRI will be a centre of excellence for learning human rights law. It would not compromise on the quality of teaching by reducing standards. The principles followed is excellence without elitism. This means that CCRI’s activities will be inclusive of the target groups. Plain language and accessible methods will be used to effectively present complex issues. Courses will be conducted in English and the Indian languages. Sign language interpreters will also be available together with access for the disabled. Special attention will be paid to women and minorities. Formal study will be complemented by action learning, investigation by experience and practical exposure to the struggle at the grassroots. Opportunities for research and publishing also exist. Internships and volunteer programmes are in place. HRLN receives over 80 such persons every year. Overall CCRI offers an accessible, non-elitist and friendly learning environment. Courses of varying duration will be conducted. Residential courses will also be available.


international senior Lawyers projectThe international Senior Lawyers Project – iSLP – provides legal services by experienced volunteer attorneys from all over the world with the goal of advancing the rule of law, protecting human rights and promoting economic justice and opportunity for the poor and disadvantaged.

Jean Berman

Phil Cohen Steve OleskyDr Judy and Steve Wolfberg

Linda McGill

Mia R Susman

in collaboration with


tHe conteXt

Since the fall of 2002, HRLN has worked with the International Senior Lawyers Project (ISLP), an international pro bono legal organisation based in New York. ISLP provides legal services by experienced volunteer attorneys from all over the world with the goal of advancing the rule of law, protecting human rights and promoting economic justice and opportunity for the poor and disadvantaged.

PaRTneRshiPHRLN was the first human rights organisation to participate in ISLP’s on-site volunteer programme, hosting senior lawyers who have come to India to work directly with HRLN and provide additional capacity and expertise to HRLN staff. In addition, through its global resources, ISLP has assisted HRLN on a wide range of human rights and civil liberties issues, including the rights of criminal defendants, the right to adequate counsel, opposition to the death penalty, reproductive freedom, the lawful scope of police power, sexual harassment in the workplace, damages for families of disappeared persons, children's rights, protection for individuals with HIV/AIDS and communalism. ISLP has provided research and support for HRLN’s PILs, such as the right to food and other significant cases.

imPaCTLinda McGill, an experienced labour law lawyer from Portland, Maine, spent five months in the Spring of 2003

working onsite with HRLN. While there, she contributed to case research and analysis on a wide range of human rights issues, including violations of defendants’ rights, workplace sexual harassment, discrimination and others.

In addition, she organised and guided pro bono assistance provided by law firms in the United States, the United Kingdom, France, Germany and Italy. Since 2003, Linda has returned to HRLN’s offices three times and has helped recruit additional pro bono assistance for HRLN. Clifford Chance LLP, an international law firm recruited by ISLP, contributed articles from seven of its worldwide offices to HRLN’s landmark treatise on the rights of the disabled in India. Other law firms have provided research and analysis for HRLN PIL cases, while individual ISLP volunteers have assisted with research and writing for Combat Law magazine.

The joint initiatives between HRLN and ISLP have helped HRLN broaden the impact of its advocacy and foster links to other human rights organisations and resources beyond the region. In turn, lawyers from around the globe have been exposed to and educated about the legal, social and economic barriers and injustices that are the reality for millions of India’s citizens and have had the opportunity to contribute to HRLN’s work. HRLN and ISLP intend to continue and enhance their partnership in new and vital ways in the future.


people’s patent groupThe primary focus of the People’s Patent Group (PPG) is to work in the interface of intellectual property laws, policies and peoples’ rights to food, health, sustainable livelihoods and environment. The ultimate aim of this group is to restore the ‘public good’ purpose of intellectual property protection in terms of encouraging inventiveness, discouraging secrecy and promote the availability of technologies for overall socioeconomic progress. This is particularly critical in areas like food, health, environment and livelihood security, where

protection of private profit at the expense of public good can exacerbate socio-economic inequalities, compromise social justice and social stability, putting further load on the law enforcement machinery, be it the judiciary or the executive. PPG’s effort would be to try and ensure that the law enforcement agencies stand on the side of the vulnerable people and do the needful to prevent such a backlash, rather than to cure it by mechanically applying the IPR and related laws against the vulnerable sections of the society.


ppg: puBLicAtion

fog in The fieLDS: DemYSTifYing The

Law of PaTenTS, geneTicaLLY moDifieD

organiSmS anD BioPiracY

english, 2008editors: Jain, Dipika & Jonathan, odumeruThe little book demystifies the issues re-lated to the patents and talks about the ge-netically modified organisms and farmers.

The primary focus of HRLN’s People’s Patent Group is: To explore the possibility of the use of legal tools like

Public Interest Litigation and legal interventions to protect the rights of the poor and needy.

To undertake legal research in the area of Trade Related Aspects of Intellectual Property Rights (TRIPS), public health, agriculture/ farmer’s rights and food security in India and influence policy and law making process.

Publish policy papers and policy documents Organise seminars for sharing knowledge and

advocating on key policy issues. The human rights implications of the introduction

of IPRs in the Agricultural sector, especially private monopolies in the area of GM crops, can have a destabilising effect on the already distressed farming community, as the public sector alternatives are disappearing fast. India is still primarily an agricultural economy, that employs between two-thirds to three-fourths of the Indian labour force and contributes substantially to domestic and export earnings. Yet there are a host of human rights issues including food shortages, access to food, food security, farmer suicides, the loss of traditional agricultural customs/knowledge/resources and health/environmental impacts. The People’s Patent Group recognises the need for both a domestic and international policy framework on agricultural biotechnology that centers

around the needs and concerns of farmers and the starving people of the country.

Access to Paediatric Medication and HIV Treatment in India. Though India has one of the strongest generic manufacturing industries in the world and there are current PILs (Public Interest Litgation) focused on the right to ARV drugs, there has been little movement on access to paediatric HIV treatment. One reason for this is because the Indian government either denies or does not have adequate knowledge of the number of HIV-positive children in India. With the lack of legislative authority governing health and access to medication in India, NGOs like the People’s Patent Group have turned to the Constitution as the main avenue for the right to health and access to treatment.


The HRLN Resource Centre & Library offers a range of services to provide accurate and up-to-date information on human rights and law at Mumbai and Delhi units.

The Resource Centre & Library is open to all visitors – students, research scholars, lawyers, jour-

nalists, volunteers and others. It provides a variety of specialised services to individuals and organisations involved in research and training on human rights and law.

The overall aim of the Resource Centre & Library is to provide good quality, relevant, accessible and value-added services, which are also responsive to the needs of the users. The objective is to raise awareness of human rights violations and international human rights standards.

ResouRCe FoR whom Judges Lawyers Activists NGOs

Professors and teachers Research scholars Students Journalists

CoLLeCTion oF ResouRCesThe Resource Centre & Library has an exhaustive collection of books, journals, audio-video resources and news clippings on child rights, secularism and peace, criminal justice, Dalit rights, disability rights, environmental justice, natural disasters and response, globalisation, housing rights, refugee rights, labour rights, Indian and international laws, right to food, rights of sexual minorities, women's rights, HIV/AIDS, etc.

seRViCes oFFeReD Online public access catalogue (OPAC)- provides

online documentation – training reports, PILs, judgements, photos, presentations, audio-video, cataloguing of books/bound journals, fact finding reports.

Online journals – full text articles and meta data articles provided to all users through internet

Reference and information dissemination to users Book, non-book materials on loan Subject bibliography

resource centre & library

abida Khatoon Documentation officer


in the news

Without having a PR policy and despite mainstream media not giving adequate space to human rights issues, HRLN does attract media attention off and on through its pioneering work and commitment in using the legal system for the cause of human rights. The four volumes of newspaper clippings on the HRLN work with our Resource Centre & Library is proof of our presence in the media over the years as a human rights organisation. The media coverage includes reports in the national dailies and other publications in several languages, including English. Besides, the organisation gets space in the electronic media and web editions of various publications.

HRLN’s reports about the various fact-findings, monitoring and documentation of human rights violations and petitions on various issues also appear in the media.

HRLN has also been and is part of several campaigns on people’s issues finding expression in the media.

For viewing select images of the clippings on the activities of HRLN, please log on to: www.hrln.org

For archives of media clippings, please contact:Documentation Officer Human Rights Law Network576 Masjid Road, Jangpura, New Delhi-110014E-mail: [email protected]


weBsite

www.HrLn.org HRLN website <www.hrln.org> is a crucial source of information on human rights and law. In-depth overviews of human rights and legal issues are categorised under various HRLN Initiatives, allowing website visitors to access a wide variety of information and analyses ranging from the history of a specific campaign in India (such as women’s justice) to HRLN’s activities in that sphere (campaigns, cases and PIL details). There is an easy option to download information on our publications, 'know your rights' booklets and posters and other relevant material. Provided free of cost, the information on our website tremedously benefits the local, national and international audiences in general and researchers, students and human rights practioners in particular.

Based on the continuous positive response from the visitors of our website and what appears to be an overwhelming need to make socio-legal and human rights related research, case studies and analyses more accessible to the public, HRLN is currently working on a digitisation project which will catalogue our Resource Centre & Library and make it available via our website. It is our belief that this resource pool will help in building movements and boost solidarity between the grassroots organisations in India and various esteemed institutions within the country and abroad.


publications

HRLN publishes a number of books on diverse subjects and ‘know your rights’ material including, reports, posters booklets, besides making films on various themes of human rights. The aim is to simplify important developments in human rights and law in India for diverse audiences. Compiled by our experienced team of legal experts, activists and other professionals, the HRLN publications are a valuable resource for lawyers, judges, academics, researchers, activists, journalists, institutions and the public. The books fulfil the popular public demand for single published sources that bring together legal content relevant to specific fields of human rights law. The idea is to compile and consolidate important judgements and case law, including analyses of the use of those laws and commentaries on the legal system’s response.

Select material is also translated into India's regional languages and circulated through an effective nationwide distribution mechanism. HRLN produces films which document human rights atrocities, promote discussion,

and are used to mobilise human rights campaigns. Our posters collate legal information on specific issues and present it in a comprehensive yet easy-to-understand style for a mass audience. Recognising the limited resources available to lawyers and activists living away from metropolises, HRLN seeks to cater to their need for information by publishing and distributing enriched material in paper as well as electronic formats.

The content of our publications aptly reflect our perspective and values.

Materials published in our publications can be used as a resource for any campaign or advocacy purpose and any written section may be reproduced for strictly non-profit purposes, with due credit to the author(s) and publisher(s).

The HRLN publications are available with all our state units.

our publications aim to simplify and make

accessible important developments in human

rights and law in india and abroadSuresh Nautiyal

Director, Publications


misceLLAneous puBLicAtions

HRLN book-stall at a meeting in Mumbai

SecreT KiLLingS of aSSamenglish, 2009authors: Talukdar, mrinal; Borpujari, Utpal & Deka, KaushikThis small book details some of the secret killings in assam during a counter insur-gency operation through extra-judicial kill-ings.

LeaDing caSeS on rTienglish, 2009authors: Jaipuriar, Divya Jyoti & Satpute, JayshreeThe book emphasises that the fight for right to information is the fight for survival of democracy in india.

eDUcaTion: TraDe, ProfeSSion,

occUPaTion or BUSineSS

english

editor: Suresh h, Justice

The small booklet deals with the different

aspects of education from the legal per-

spective.

freeDom of The PreSS

english

editors: Desai, Shobha & gonsalves, colin

The book talks about the freedom of the

press, civil defamation, criminal defamation,

contempt of court, sub-judice proceedings,

press and Parliament.


media has become a propaganda machine to promote capitalist ideals. it focuses

on getting the lower class to aspire to become upperclass. we are trying to target

a meaningful audience with a sense of purpose – however small it may be – and

bring them quality articles which analyse laws in a socio-political context. every

article has a political backdrop and theme in mind, to counter mainstream media’s

prevailing message.Harsh Dobhal

Editor, Combat Law

fights for justice

comBAt LAw


COMBAT LAW, the human rights and law bimonthly, raises awareness about rights protection and the legal means to fight for social justice. Pressing for pro-people legislations and the repeal of anti–people laws, the journal brings together diverse voices to unite against all forms of discrimination and exploitation. In this way, it provides a platform for identifying and discussing some of the most pressing legal and human rights issues of our times.

Eminent lawyers, social activists, journalists and experts provide sharp insights and analyses in this collaborative effort to provide accurate and timely information– enabling access to justice for all.

Fostering a climate for legal activism in pursuit of crafting a more tolerant, just, democratic and equitable

world, we cover issues ranging from violence against women, marginalised sexualities, right to information, communalism, environmental justice, untouchability, access to water, death penalty, education and urban housing.

Our aim is to provide detailed, often provocative, analysis of each issue in its legal context as a form of constitutional advocacy.

Crisply written, the content is useful not only for legal practitioners, but for activists, students and all those interested in alternative and progressive viewpoints.

In order to expand our outreach, we also publish the Hindi bimonthly edition of Combat Law, which has

Our aim is to provide detailed, often provocative, analysis of each issue

in its legal context as a form of constitutional advocacy


been received with a great deal of enthusiasm by our Hindi readers.

Our website www.combatlaw.org serves as a good resource to writers, journalists and struggle movements. Future plans include redesigning the site and making it more interactive so as to provide an opportunity for our readers to dialogue with our authors as well as other like–minded individuals. Top priority is to transform the website into a platform for those in need of support so that they can get in touch with our writers which include former judges, eminent lawyers, activists and pressure group leaders.

Now in its eighth year of publication, Combat Law has become known for representing India’s poor and marginalised whose voices often go unheard. This is evidenced by the prisoners who ask us to draw attention to the unjust conditions of their detention and to circulate Combat Law within prisons as a means to keep inmates connected to the movement for social justice. On the other end of the spectrum, courts often taken note of issues raised by the journal and articles have been quoted in judges’ orders.

In future, Combat Law would like to become a monthly magazine with the additional staff needed to address a wider readership.

COMBAT LAWVOLUME 6 ISSUE 1 JANUARY - FEBRUARY 2007 Rs. 30

THE HUMAN RIGHTS BIMONTHLY

of sufferingTwo years on a

Big is not beautiful - the drowning of Tehri

tsunami

seLeCT issues

Tibet Trappedan issue documenting an under–covered topic due to its contentious nature – Tibet. The world increasingly turns away its attention from what befell Tibetans almost half–a–century ago when Lhasa fell to chinese aggressors. meanwhile, another generation has grown up as forced gypsies in exile with no end in sight. [Volume 6 issue 5 September–october 2007]

Two Years on: A Tsunami of SufferingThis issue examines the government’s failure to provide relief to the people of the andaman & nicobar islands, probing underlying reasons for the government’s breach of its societal contract. [Volume 6 issue 1 January–february 2007]

The Combat Law and publications team


Combat Law english

State repression: POTA, AFSPA, etc.Vol. 1 Issue 1 April – May 2002

Violence against women and the emerging lawsVol. 2 Issue 3 August – September 2003

Marginalised sexualities and gendersVol. 2 Issue 4 October – November 2003

Adivasis: The ecological refugeesVol. 2 Issue 5 December – January 2004

Corporate crminal liability and vanishing companiesVol. 2 Issue 6 February – March 2004

Best Bakery judgement: Keeping a watchVol. 3 Issue 1 April – May 2004 (Supplement)

Communalism and the lawVol. 1 Issue 2 June – July 2002

Food scarcity among plentyVol. 1 Issue 3 August – September 2002

Untouchability after 50 years of IndependenceVol. 1 Issue 4 October – November 2002

Globalisation and human rights: India for saleVol. 1 Issue 5 December – January 2003

Search for environmental justice, mockery of environmental lawsVol. 1 Issue 5 December – January 2003

Right to information: Critique of Information BillVol. 1 Issue 6 February 2003

Religious conversions: Freedom of conscience and the lawVol. 1 Issue 6 March 2003

Armed forces Special Powers Act (AFSPA): Licence to killVol. 2 Issue 1 April – May 2003

Journey towards humanity: Abolish death penaltyVol. 2 Issue 2 June – July 2003


Child rights and the law: Keeping a watchVol. 3 Issue 1 April – May 2004

Water rights: A legal perspectiveVol. 3 Issue 2 June – July 2004

Urban housing in India: Nowhere to liveVol. 3 Issue 3 September – October 2004

Judical responses to the personal lawsVol. 3 Issue 4 November – December 2004

Prevention of Sexual Harassment at the Workplace Bill: A long way to goVol. 3 Issue 5January 2005

New law needed to protect witnessesVol. 4 Issue 1 April – May 2005

Debate on patent lawsVol. 4 Issue 2 June – July 2005

Tsunami: Clarity in the face of official apathyVol. 4 Issue 3 August – September 2005

Public healthcare: A casualty to neo-liberal policiesVol. 4 Issue 4 November – December 2005

Interim report of the J. Banerjee Committee into the Fire in the Sabarmati Express at GodhraSupplement 2005

Ten year of WTOVol. 4 Issue 5 Special Issue 2005

Education becomes more inaccessible than ever beforeVol. 5 Issue 1 February – March 2006

HIV/AIDS: Combating deprivation, discrimination and prejudiceVol. 5 Issue 2 April – May 2006

Trafficking: Slave trade of modernityVol. 5 Issue 3 June – July 2006

Nepal special: Struggle for freedom from nonarchyVol. 5 Issue 4 September – October 2006


Kashmir: Vale where justice failsVol. 7 Issue 4 July – August 2008

Terror: India captive in a sinister gameVol. 7 Issue 5 September – October 2008

Legal system turns anti-labourVol. 7 Issue 6 November – December 2008

Issue on police attack onTN lawyers and judgesVol. 8 Issue 1January – April 2009

Tibet: An Olympian tragedyVol. 6 Issue 5 September – October 2007

Failing Lok Adalats or people's courtsVol. 6 Issue 6 November – December 2007

Disablity is not inabilityVol. 7 Issue 1 January – February 2008

Prisons: torture houses of colonial legacyVol. 7 Issue 2 March – April 2008

No budget for basic rights and no money for appointing judgesVol. 7 Issue 3 May – June 2008

AFSPA: six years of satyagraha fast against the ActVol. 5 Issue 5November – December 2006

Tsunami: Two years of sufferingVol. 6 Issue 1 January – February 2007

RTI: Expanding public domainVol. 6 Issue 2March – April 2007

Globalisation, commu-nalism and SEZsVol. 6 Issue 3 May – June 2007

Tragic decline of criminal lawVol. 6 Issue 4 July – August 2007

Free Dr Binayak Sen, restore democracy!

Calendar 2009


A journey through revolutionary NepalVol. 1 Issue 6 June – July 2006

Critique of the RTI and the changing flavours of MediaVol. 2 Issue 5 April – May 2007

Criticism on SEZsVol. 2 Issue 6 June – July 2007

A look at human trafficking, poverty and displacementVol. 2 Issue 1 August – September 2006

Critique on AFSPA and domestic violenceVol. 2 Issue 2 October – November 2006

Plight of the tsunami affected peopleVol. 2 Issue 3 December – January 2007

Special issue on the Right to Information ActVol. 2 Issue 4 February – March 2007

Combat Law hinDi

Debate on Patent lawVol. 1 Issue 1 August – September 2005

Commentary on eviction, displacement and rehabilitationVol. 1 Issue 2 October – November 2005

Critique of the health status of the people in IndiaVol. 1 Issue 3 December – January 2006

Essays on the impact of globalisation on educationVol. 1 Issue 4 February – March 2006

Debate on HIV/AIDS, law and human rightsVol. 1 Issue 5 April – May 2006


Special issue on criminal justice systemVol. 3 Issue 1 August – September 2007

Traversing a trapped land called Tibet, a special issueVol. 3 Issue 2 October – November 2007

On the relevance of the World Bank's activities in IndiaVol. 3 Issue 3 December – January 2008

On decay of an institution called Lok AdalatsVol. 3 Issue 4 February – March 2008

Special issue on disability and rights of the disabledVol. 3 Issue 5 April – May 2008

On the pathetic conditions in the Indian jailsVol. 3 Issue 6 June – July 2008

On various aspects of legal reformsVol. 4 Issue 1 August – September 2008

On the human rights situation in Indian KashmirVol. 4 Issue 2 October – November 2008

Special issue on labour laws vis-a-vis globalisation and liberalisationVol. 4 Issue 3 December – January 2009

The issue is devoted to the various themes such as labour problems and judiciary's attitude towards them Vol. 4 Issue 4 February – March 2009

Free Dr Binayak Sen, restore democracy !

Cal

enda

r 200

9


office units


Even when the Delhi office had not been established formally, HRLN always had working relationship with a number of groups and individuals, Supreme Court lawyers and others functioning from Delhi. The Delhi Unit started functioning from its formal office in late nineties and is also HRLN’s main interface to all levels of stakeholders. Over the years, the office has grown to staff over one hundred members. In addition to lawyers, the Delhi office also seats several Initiatives; the national accounting, administration, technical, publications, design, Combat Law, website and resource centre and library teams.

The office engages in all HRLN Initiatives and has a sizeable litigation team that, apart from handling litigations at lower and higher courts, takes up cases from across the country at apex court level. In this process, social activists work closely with the lawyers. Delhi being the capital, most political protests take place here and HRLN members participate/support these actions actively in addition to their core responsibilities. The administrative and accounts offices coordinate with donors, supporters and our state units from here. The technical team provides the dual function of internal

communications as well as ensuring updating of the website that remains information source for the human rights practitioners, students, journalists and researchers. Since HRLN is committed to documenting case law and making it available in local languages through its publications, films and ‘know your rights’ material, Delhi office coordinates these activities gathering information from across the country. The main office of Combat Law is also in Delhi but the contributions are raised from all our offices. Combat Law team works closely with HRLN activists, lawyers as well as external movement leaders and journalists to raise material to publish in India’s leading human rights bimonthly in English as well as Hindi.

We are relied upon by local, national and international struggle movements, journalists, academics, and alternative and mainstream media for support and for being a source of information, analysis, commentary and human rights litigation expertise. The impact of the Delhi Unit is wide-spread, beyond the capital, thanks, in part, to the impact of its activities and litigations which have influenced the growing canon of human rights law in India and overseas.

Delhi8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

hrLn Delhi distinguishes itself as being a central hub

for supporting human rights activism and law in the

nation’s capital

Rajive Raturi, Delhi Unit Director


memBers oF tHe Admin & support stAFF

memBers oF tHe Accounts teAm

Dilip Kumar B. KapadiaStatutory Auditor

Raphael FernandesDirector, Accounts

Subhash MittalChartered Accountant

Finance Director Meena Sharma with her team

Rumy M BhesaniaAssistant Director, Accounts

Vipin KhannaAuditor

Uma Shankar SethInternal Auditor


The HRLN Andaman & Nicobar Islands Unit, based at Port Blair, was established to ensure a rights-based approach vis-a-vis post-tsunami relief and rehabilitation measures by governmental and non-governmental organisations. Established in 2004, the Unit provides legal aid and social support services throughout the Andaman & Nicobar Islands and is one of the main rights-based organisations in the Islands.

Post-tsunami, the Port Blair unit used regular courts and Lok Adalats, or people’s courts, effectively to force the government to bring relief to the victims. Most significantly, HRLN managed to push the idea that relief and rehabilitation is not a charity doled out by a benevolent State but the right of all the victims of natural calamity. The unit’s work in the Tsunami context has boosted the nationwide campaign for a law or a policy to deal with the rights of the victims of natural disasters.

The unit focuses on the following allied initiatives: Right to food, Dalit rights, tribal rights, women’s rights, child rights, disability rights, refugee rights and environmental justice. The team divides its time between litigation, advocacy and education. Litigation-related activities include providing low-cost and pro-bono legal services

for marginalised communities and vulnerable groups, assisting in speedy disposal of compensation claims of disaster victims through arbitration proceedings, public interest litigations (PILs), supporting people in navigating complicated government and judiciary procedures and conducting legal aid camps. Advocacy and education activities focus on conducting training and supporting movement-building at the grassroots level.

As the one of the main rights-based organisation in the Andaman & Nicobar Islands, the Port Blair-based unit has made considerable impact by empowering people to defend and realise their rights during this critical post-tsunami period where development and policy decisions will determine the Island's future. In addition to making a difference in the lives of scores of individuals for government relief and rehabilitation packages, HRLN Port Blair is responsible for bringing a rights-based approach to managing the Islands and raising awareness among its peoples that they have rights which need to be respected by the government. Moving forward, the unit wishes to continue to influence policy and play an even greater role in developing pro-people policies for local community benefit.

what i am really proud of is the fact that now people are speaking

up. earlier, even if people knew they were being treated wrongly,

they used to keep quiet. But now they speak up because they

know hrLn is here to support

Bhuneswari Devi, Andaman & Nicobar Islands Unit

andaman & nicobar PoRT BLaiR

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


The Arunachal Pradesh Unit was established in 2003 with the intention of providing free legal aid and education to poor and to strengthen human rights movement across the state. “Seeking justice for all” serves as the office’s mission statement and provides this small two-person office with the incentive to do far more than expected given its limited size and resources.

Major issues of concern for human rights revolve around environment, displacement and protection of civil and political rights in view of the two district of the state under stringent Armed Forces Special Powers Act, 1958. There are about 100 hydro projects proposed in the fragile and ecologically sensitive areas threatening to displace thousands of people, most of them tribals, apart from causing major ecological disasters. There is a huge movement in the region against these projects and HRLN has organised People’s Tribunals on dams and displacement and conducted a number of trainings and public awareness campaigns in this regard.

Child rights and trafficking are two other prominent issues where major cases of rights violations stem from. The unit’s goals include overall implementation of the Juvenile Justice Act, Persons with Disability Act, Child Marriage Restraint Act and improved functioning of state jails. The unit has also been very active on women’s rights, prisoner’s rights, disability rights, labour rights, and right to information. Our activities include providing free legal aid and legal counseling to prison inmates and filing cases for victims of trafficking, child victims of sexual abuse, tribals, women and others. Additionally, the unit holds workshops, capacity building training, awareness campaigns and IPTs (people’s tribunals) on these issues as a means to empower those whose voices would normally not be heard.

Apart from filing PILs on behalf of a number of vulnerable groups, HRLN Arunachal has distinguished itself as being the only human rights organisation in the state providing free legal aid to prison inmates.

hrLn arunachal Pradesh provides free legal aid to poor inmates

in the lock-ups and files PiLs in the interest of the poor and general

public in the state.Sunil Mow, Arunachal Pradesh Unit Director

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M Aarunachal Pradesh iTanagaR


assam guwahaTi8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

T I B E T

B U R M A

PAK

I ST A

N

N E P A L

Having a unit in Assam was a long-felt need when in 2008 HRLN decided to set up an office in Guwahati, which is also the principal bench of the Guwahati High Court and the main hub of litigation in the northeast. Today, we have a unit here with one coordinator, two lawyers, one social worker, few law interns and several enthusiastic volunteers. Guwahati Unit is currently providing support for PILs which are filed in other benches of the high court in other states in the northeastern region. Many of these cases are transferred to the principal bench at Guwahati as they need to be decided in the court of the Chief Justice who sits here.

As a state long troubled by ever escalating conflict, civilian populace in Assam has frequently been victim to excesses by both, the State and non-State actors. The unit's first attempt to make a positive difference has been filing of a habeas corpus petition in the Guwahati High Court over the disappearance of a young man after being picked up by the army. The court has ordered a judicial enquiry that will hopefully conclude soon.

The unit recently held a workshop on "Terrorism in Assam – Challeges to Civil Society" in the hope of

The assam Unit, though relatively new, is

gradually diversifying its work on various

aspects of human rights

Anju Talukdar, Assam Unit Co-ordinator

mobilising individuals and groups to play a proactive role in securing peace in the state. Besides this, we are also taking care of cases from other states pending in the Guwahati High Court. Thangjam Manorama’s case from Manipur is the most important such case.

Trafficking of women and children is another major problem inflicting the state. The Unit has taken up several cases and consultations involving women and young girls who are victims of trafficking. Also, several cases have been filed under the Domestic Violence Act. The unit has been appointed the official service provider under the Act.

HRLN Guwahati has been deeply involved with the right to food campaign in Assam. The Unit has also done considerable work on RTI. Several RTI applications have also been filed. A major crisis facing Assam is regarding the issue of illegal migration. We intend to study the human rights angle of this issue and work towards a solution in conjunction with civil society. The Assam Unit, though relatively new, is gradually diversifying its work on various aspects of human rights.


Bihar PaTna8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

Training different stakeholders to adopt a child-friendly approach for working with

juveniles in conflict with the law is something we take pride in. our interventions

make a difference in the lives of children who deserve a better futureSatyanand Singh, Bihar

The Bihar Unit based at Patna was established in 2008 with a four-fold mission of sensitising different stakeholders to child rights, Dalit rights, and health rights-related issues; supporting proper implementation of the welfare acts; providing free legal services to NGOs and individuals; and supporting mass mobilisation for social justice. Since this unit is not very old, we have one advocate and an HIV/AIDS counsellor. The Advocate specialises in child rights, the juvenile justice system, child marriage and child labour, while the HIV/AIDS counsellor focuses mostly on counselling for HIV-positive people. We plan to expand the unit in near future. Apart from these focus areas, the Bihar Unit works on all other HRLN Initiatives and partners with ten local organisations towards realising shared goals. Staff time

is divided between individual cases, PILs, training, networking and counseling. While aid and support is provided to all of those in need, special outreach focus is directed to marginalised communities who otherwise cannot afford access to justice.

The unit has worked on several cases which merit mention for the impact they have made on the lives of juveniles who were treated in violation of the Juvenile Justice Act. This unit also filed a PIL, which resulted in the rescue and proper rehabilitation of those affected by the Bihar floods. A devastating event that is under-addressed due to the low socio-economic class of most of its victims, the PIL resulted in bringing benefits to thousands of people who otherwise would not have received assistance by the government.


given goa’s popularity as a tourist destination, our primary

work revolves around providing support, legal and otherwise, to

local inhabitants in the struggle to retain eco-tourism and their

business against corporate takeover. The unit is also engaged in

supporting people in their fight against predatory developmental

policies and destructive mining that are threatening ecology,

lives and livelihoodsRoselle Solomon, Goa Unit Director

Established in early 2008, the Goa Unit, based in Panaji, is one of the newest offices of HRLN. The unit was opened in view of increasing violations of people’s rights in the mineral-rich coastal state with corporate take over of mining and tourism. The office is playing a critical role in terms of support and mobilisation for people’s struggles.

Apart from these core areas, the state unit engages in all other issues of concern, including HIV/AIDS, women’s justice, child rights, environmental justice, communalism, mobilising students on human rights issues and supporting locally-driven tourism schemes. The unit offers awareness campaigns, legal mediation, counseling and litigation. Additionally, it has collaborated with the HRLN unit based in Port Blair on coastal regulation zone issues and HRLN Mumbai on communalism. A recent

project of particular significance is an HRLN fact-finding mission comprising experts from various related areas to expose the disastrous impact of iron-ore mining.

The unit’s efforts have provided critical support with positive impact on individuals as well as communities affected by corporate-led development. In particular, the unit’s litigation successfully forced the Select Holiday Resort to withdraw its extension plans that were in violation of coastal regulation zone provisions. The order will have far-reaching positive implications for the people with regard to the future development policies of the state. More so at a time when the state is rapidly transforming from an environmentally rich and diverse eco-system to a depleted area where resources are siphoned away from local residents to real estate developments and tourist resorts.

goa PanaJi8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

Following an earthquake in the Kutchh district in 2001, an office was set-up as part of HRLN’s earthquake rehabilitation centre. Upon completion, a permanent state unit was established in Ahmedabad to address a wide range of issues. Today, the office is referred to as, ‘Janhit’ or public interest – a family established by the people, of the people and for welfare of the people. Its mission statement combines the joint efforts of Jan Sangharsh Manch and HRLN to protect human rights, struggle against exploitation, secure justice and uphold social, civil, cultural, environmental, economic and political rights in order to establish a classless and secular society.

The state office in Ahemedabad conducts legal trainings with grassroots organisations and provides legal counseling and legal aid. Additionally, it trains the police and holds ‘know your rights’ consultations with tribals such as the Dangs on issues ranging

from conversion of religion to rights over their forest produce. A significant percentage of the state unit’s work focuses on housing rights, minority rights, labour rights, tribal rights and combating communalism in the aftermath of targeting of the Muslim community by the right-wing forces with tacit support of the State after the 2002 riots.

Among some of Ahemedabad’s most significant cases include a successful right to food case wherein the Gujarat High Court passed detailed directives to the state machinery for effective and proper implementation of the National Rural Employment Guarantee Act, 2005. The order passed in the NREGA is very unique since India does not have any order under the said Act given by any constitutional courts in the country. The said order has now become a reference point for many organisations working in different districts of Gujarat for proper implementation of NREGA.

gujarat ahmeDaBaD

we are proud to have sincere and committed activists,

lawyers and staff and attribute our achievements to

the results of team work

SH Iyer, E Shailaja, V Pillai, Bhushan B Oza


HRLN Himachal Pradesh Unit has two offices. The first was started at Shimla in 2004 and a year later another one began working from Dharamshala. The focus is to build close links between legal networks and human rights law groups, campaign for wide-ranging reforms of the legal system, bring human rights law education into the mainstream and introduce a broader ideological mooring for social change in which legal campaigns and social movements collaborate.

The branches of the state unit work in coordination with nationwide HRLN Initiatives and are particularly active in legal advocacy on issues related to right to food, disability rights and environmental justice. The HP Unit is also involved in the Himalaya Niti (policy) campaign, which advocates for works for sustainable development in the hill areas. The campaign has been advocating for separate planning and policy for mountain areas in view

of the distinct geographical and ecological conditions of the Himalayan states. Our offices provide legal aid to the marginalised communities at all levels in the state high court.

Credit goes to HRLN HP for several landmark cases. A noteworthy example is the order of interim stay in SLP before the Supreme Court challenging the order of the high court in which the high court had directed demolition of all the houses and hutments in areas identified as ‘forests’. The Supreme Court observed that the demolition work should commence only after the winter season. This was a representative petition, which affected some five thousand people in Shimla. The grant of temporary order of stay by the apex court saved the affected people from the bitter cold and gave them the much-needed time to make alternative arrangements.

himachal Pradesh shimLa, DhaRamshaLa

we are always there to put in our best to achieve the goals ... we all

work as a team and as a family. Thanks to this collaborative effort, the

court orders that we have been able to get are groundbreaking

Anand Sharma, Himachal Pradesh Unit Director

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


we pride ourselves on having established credibility amongst

the people which is critical in bringing about widespread

change in a region which is arguably the hardest hit by

human rights abuses in india

Syed Faisal Qadri, J&K Unit Head

HRLN Jammu & Kashmir Unit is located in Srinagar and also holds a sub-unit in the Pulwama district. The unit was established in 2006 to respond to grave human rights violations being committed on Kashmiris in the form of illegal detentions, custodial disappearances and other similar acts of State repression. There was dire need for an organisation that could challenge the actions of the State agencies in the courts. Our office stepped forward to fill that gap. The mission is to provide legal aid to such victims, educate people about their rights and introduce them to favourable legislations that can be used as tools to attain publicly available benefits.

While the J&K team addresses all issues across HRLN’s Initiatives, it is particularly passionate about conflict-related human rights abuses given the socio-political situation in Kashmir. To this end, HRLN J&K provides legal aid and counseling, trainings, holding workshops

and meetings and campaigns, filing cases in high court and subordinate courts and addressing issues related to civil and political rights service matters.

Having committed itself to provide free legal aid to victims of human rights violations, HRLN J&K has since its inception filed over 150 cases on behalf of victims in the courts and a majority of them have received favourable orders. Our office is seen as a place where victims can go for redressal of their problems, seeking legal support. The office has been instrumental in filing various PILs on diverse subjects, including on implementation of the Jammu & Kashmir Disability Act, bio-medical waste, healthcare, and establishing rehabilitation centres for drug addicts. The results yielded better healthcare facilities, improved disposal of bio-medical waste, accessibility to state public buildings for disabled persons and three percent reservation in jobs for them.

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M AJammu & kashmir sRinagaR, PuLwama


we are a new office in Jharkhand but we have already become

part of so many social organisations and individuals. The state

unit provides legal support and every kind of assistance needed

to address displacement and other struggles

Vasavi Kiro, Jharkhand Unit Director

The Jharkhand Unit based at Ranchi was established in 2007 to fight for justice for tribals, Dalits, women and the poor, the most vulnerable sections that suffer abuses the most. The Ranchi office has one journalist/activist and two tribal lady lawyers – a great asset in order to be able to address the tribal issues from the Adivasi perspective. The Jharkhand Unit works on all HRLN Initiatives but the particular emphasis is on women and Adivasis. Given the resource and mineral rich make-up of the state, HRLN Jharkhand is one of the most active units working on forest rights and related issues of displacement, environmental degradation and workers’ rights. Additionally, it spends a significant amount of time addressing issues such as rape, sexual exploitation, domestic violence, property rights, torture, human trafficking and migration.

The orders on several cases are still awaited but, regardless of the outcome of these orders, Ranchi team has already positively affected the lives of many individuals and marginalised communities in the state.

Future goals include taking more land rights issues, filing PILs on issues related to environment and defending women tortured for allegedly practicing witchcraft. Lukewarm efforts by the government to implement the Witchcraft Prohibition Act, 2001, has prompted HRLN Jharkhand to take a lead in protecting women who have suffered physical and mental torture for being branded as witches by a society where superstitions still run deep.

Jharkhand RanChi 8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


The work of the state unit has had far-reaching effects, ranging from

benefiting the lives of individual women, to winning landmark orders

for acid attack victims which have influenced other cases at the state

and national levelSheela Ramanathan, Karnataka Unit Director

The Bangalore-based Karnataka Unit was established in 2004 as a response to women’s legal needs which were not met by any other entity in the state. With ‘use law for justice’ as a mission statement, the Karnataka team is at the forefront of legal advocacy – setting precedents, which extend far beyond Karnataka. Lately, a small office has been opened at Raichur.

The state offices specialise in the rights of the disabled, women and children. Activities include training, organising workshops, legal aid, counseling and movement-building. Present and future goals include raising the level of pro-bono legal expertise for the poor and creating a justice delivery system that is accessible, accountable and transparent – a system that works for the underprivileged. Additionally, the state offices dedicate

substantial time to prison visits and representing those who are incarcerated.

The work of the state offices has had far-reaching effects, ranging from benefiting the lives of individual women, to winning landmark orders for acid attack victims which have influenced other cases at the state and national level. These include compensation packages for acid attack victims, first aid and medical treatment as well as employment and rehabilitation measures. In the area of child rights, HRLN has been appreciated for its work providing legal support to children who were arrested for petty offences and then disappeared. Our efforts resulted in the Karnataka High Court’s recognition of this problem for which the court ordered police and state human rights commission enquiries.

karnataka BangaLoRe, RaiChuR

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L


The Kerala Unit with its offices at Kochi, Thiruvanan-thapuram, Wayanad and Alappuzha provides legal as-sistance on all human rights issues. The Kochi office, established in 2002, holds the distinction of being an all-women team. In keeping with its mission statement, ‘access to all with dedication and sincerity’, the state team works tirelessly putting the legal system to work for those who would normally be denied access to justice due to lack of procedural knowledge, financial costs and other situational and/or cultural constraints.

While the team primarily focuses on issues related to women, children and persons with disabilities in response to community demands, the members also reach out to all groups while working on issues like right to food and

HIV/AIDS. Collaboration with other HRLN offices is routine. Future plans include expanding programmes into the interior-most parts of Kerala in order to support those who are most isolated.

The state unit has also made a strong impact on women’s issues related to domestic abuse, discrimination, desertion and child abduction. One instance involves a case where a woman was denied custody and access to her minor daughter for the past six years after having been deserted by her husband. With HRLN’s support, the child was reunited with her mother. The state unit also assists disabled people navigate the complexities of the legal system to claim their rights.

we have established ourselves as a sincere and dedicated

team which works in collaboration with marginalised groups

... in the process, we have empowered ourselves, too

Sandhya Raju and Sandhya J, Kerala Unit Directors

kerala ThiRuVananThaPuRam, koChi, waYanaD, aLaPPuzha 8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PA

KI S

TA

N

N E P A L

B U R M A


There was a long-felt need to have an organisation

committed to provide legal aid to the victims of human rights

abuse and the madhya Pradesh Unit was established to

meet this challenge

Mohsin Ali Khan, Hariom Vishwakarma and Azam Khan, Madhya Pradesh

The Madhya Pradesh Unit was established in Bhopal in 2004 to attain HRLN’s national goals in the state. Most people know Bhopal for the poisonous gas disaster which took place in 1984 when the Union Carbide plant (now a part of Dow Chemical Company) leaked deadly methyl isocyanate gas – killing thousands of people. Since then, Bhopal has been central to activists who have launched a protracted battle for compensation to thousands of victims who continue suffering from the disaster’s effects till date.

As the capital of Madhya Pradesh, Bhopal was in need of an organisation to address a wide range of human rights

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

madhya Pradesh BhoPaL, ChhaTaRPuR

abuses, extending beyond the environmental justice and public health abuses.

Thus, there was a long-felt need of an organisation committed to provide legal aid and the Madhya Pradesh Unit was established to meet this need. Apart from Bhopal, HRLN now has another office at Chhatarpur.

The members organise workshops, file public interest litigations on issues related to women, children, secularism and peace, Dalits, environment, HIV/AIDS, disability, Adivasis and right to food. The state unit has forged partnerships with local community-based organisations.


maharashtra mumBai, nagPuR

The Mumbai Unit, also known as the India Centre for Human Rights and Law, was established in 1997. One of the oldest units of the network, HRLN Mumbai has been attempting to respond to the community’s request to take legal aid work beyond litigation. In doing so, the centre sought to strengthen its litigation through documentation, campaigns, advocacy and networking. The team, comprising 25 lawyers, activists, researchers and support staff, provides legal aid and litigation support to marginalised sections of society. The unit’s PILs, class action suits and litigations have resulted in protection of the rights of hawkers, disaster survivors, communal violence victims, malnourished children, women, tribals and others. The Criminal

Justice Initiative (CJI) has done particularly impressive work and is now recognised as a pioneer in providing legal aid to prison inmates. It serves as a model to follow for other units within HRLN and various groups outside our organisation. The CJI has also played a key role in training activists and lawyers in Gujarat to pay a critical role post–Gujarat communal violence. The team members have also been closely involved in the campaign for the implementation of the Sri Krishna Commission post the Mumbai communal riots of 1996.

Thanks to the close collaboration with the labour unions in the state, the unit has to its credit several landmark judgements championing the cause of labour rights, the judgement against contractualisation of the workforce

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

mumbai Unit has been attempting to make the legal system

accessible to the poor and marginalised. Due to expansion

efforts in 2007, the unit branched out to other cities in

maharashtra like nagpur as well and has formed partnership

networks in most of the districtsMumbai Unit Team


and the judgement protecting the rights of the saltpan workers being the most significant order. The unit also played a lead role in implementation of the historic Vishaka Judgement which was passed by the Supreme Court of India in 1996 to protect women against sexual harassment in the work place.

In July 2005, post-Mumbai floods, the unit intervened at the high court on behalf of the flood victims. Our lawyers have similarly petitioned the high court for relief for poor adivasis and children who were dying of starvation. Apart from this, the work on child rights, with special regard to providing legal aid for young poor juveniles, was initiated here, a practice followed by others across the country.

In the last few years, the unit has successfully partnered with important Dalit rights groups in the state and has established a legal aid network for Dalits in the state. Our members have played a lead role in organising the first ever national meeting of Dalit lawyers.

The HRLN Nagpur, a sub-unit of Mumbai, was established in 2007 with a mission to protect the legal rights of HIV-affected people, and other vulnerable groups, to provide them with legal aid and counselling as well as support in filing their cases in courts.

The Nagpur unit focuses on treatment discrimination, education, social discrimination, family discrimination and insurance issues, among other issues. From a knowledge-sharing and awareness-raising perspective, the unit publishes ‘know your rights’ posters in Marathi and will continue to serve as a strong regional advocate of protecting the rights of people and have support information available in the local language.

The Vidarbha region, where Nagpur is located, is vulnerable to issues like migration, HIV and poverty. The unit provides crucial support in helping prisoners access legal support as well as conduct legal interventions on women's rights, disability rights and others such issues. The thrust on bringing legal issues and rights based empowerment to the communities has now created strong ties with the people, NGOs and other civil society groups on the ground.


The Manipur Unit at Imphal has been in formal existence since 2004 but the work had started much before when a three-member Indian People’s Enquiry Committee organised by HRLN and headed by Justice H Suresh had traveled to various areas of Manipur in October 2000 where it met a number of victims, their relatives and friends, to hear their tales of injustice – cases of rape, violence, killings and disappearances under Armed Forces Special Powers Act, 1958 (AFSPA). Irom Chanu Sharmila -- a Gandhian activist who has been on a fast unto death since last eight years against the AFSPA – was part of the process of the enquiry committee as a volunteer. This was the first political participation and initiation for Sharmila, who has over the years come to symbolise a protracted fight against brutal atrocities by the State in the northeast.

The unit has been addressing issues, which have arisen from the armed conflict that has subsumed the state for the last four decades. During this long journey of

HRLN’s engagements in Manipur, we have organised people’s tribunals in Delhi and Manipur for victims to narrate their tales in order to highlight the State brutalities through AFSPA, a legislation that gives draconian and unaccounted powers to the security forces who have often used these against innocent civilians.

Since then the fight for justice of these victims has been the core engagement for the organisation though the our members have also worked on all other rights issues -- child rights, HIV/AIDS and health, right to food, environment, refugees and women.

HRLN Manipur has been recognised as the main organisation in the state which provides free legal aid to victims of army/police atrocities, torture, disappearances, rape and violence on civilians. This is an important distinction given the scores of people who have been adversely affected by the State violence.

when fellow human beings are subjected to various

forms of inhuman and unjustified acts like torture, cruelty

and violation of their fundamental right to live, we react

most earnestly and actively… and, we feel proud when

justice is done

Rakesh Meihoubam, Manipur Unit Director

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M Amanipur imPhaL


Nagaland, part of under-developed northeastern states, is one of the regions that have remained on the periphery of India’s economy and politics. Established in 2007, the Nagaland Unit offers legal aid and counselling to poor and marginalised section of society. Office coordinators are often fighting against rights violations that concern women, children and physically challenged people. We are forging a number of partnerships with groups working on these issues.

In addition to responding to assistance requests on a case–by–case basis, the unit’s work is rapidly expanding on health and related rights, particularly malaria, hepatitis ‘c’ and TB, a major issue of concern in this

otherwise much neglected state. The unit is working on a number of PILs with regard to these issue.

A recent seminar on empowerment of people of Nagaland organised by HRLN witnessed a very good participation that can be termed as an achievement in a region where such activities do not take place very often. The participants comprised a number of local groups, legal practitioners, law students and journalists. The meeting was designed to provide an overview of human rights abuses in the state and the recourse that is available to citizens. Judging from local response, it seems HRLN Nagaland is all set to make a considerable impact with regard to human rights awareness in the state.

The hrLn nagaland is working

directly with people in need as well as

in partnership with like–minded local

organisations and individuals

Nagaland Unit Team

nagaland kohima8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


orissa BhuBaneswaR 8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

Established in 2004, the Orissa Unit has been functioning from Bhubaneswar with a sub-unit at Kandhamal. In addition to routine legal aid work, the unit provides critical support to religious minorities who are facing brutal attacks at the hands of fundamentalist forces. Recent attacks against Christians in Kandhamal are a case in point where Orissa unit played a critical role. Apart from this, the unit has engaged itself with a number of groups being displaced by either multinational mining companies or special economic zones (SEZs). The unit played a significant role in organising a public hearing at the site of POSCO, the South Korean steel giant that is threatening to displace thousands of people and robbing them of their livelihoods.

Apart from this, the unit organised people’s tribunals and later published reports on the spread of communalism in the state and against mining and human rights violations in Kashipur.

The focus is also on all other HRLN Initiatives. The team engages in awareness building, training, legal support, fact-finding, networking, legal counselling, and

publications of ‘know your rights’ posters and training materials in local languages on rights issues.

The unit has played a major role in terms of intervention in Kandhamal district where Christian minority is facing persecution at the hands of fundamental forces. The team is providing much needed support in a conflict-ridden situation following the communal attacks in 2008. From organising fact-finding missions to providing legal support to those who were wrongly discriminated against and imprisoned, the team most recently provided a legal safe-haven and support network for those affected by the conflict. In addition to this, the office continues to file PILs in defense of marginalised communities, including stigmatised members of society such as sex workers. An example of this was the ‘Arun Mallick compensation case’ whereby a petition was filed before the high court for the proper rehabilitation of commercial sex workers of Bhubaneswar. HRLN Orissa intervened in this matter and as a result, the court delivered a historic judgement stopping the government from evicting them without proper rehabilitation.

we are here to provide legal support to the neglected

sections of society and the people who are fighting for their

rights in the court of lawSashiprava Bindhani, Orissa Unit Director


The Punjab, Haryana & Chandigarh Unit based at Chandigarh was established in 2001 in the political backdrop of cases of disappearance of thousands of persons between 1984 and 1994 as part of a brutal police crackdown. Police counter–insurgency efforts included torture, forced disappearances, and a bounty system of cash rewards for the summary execution of suspected Sikh militants. Thousands of families still await justice.

The unit focuses on justice for the victims of Punjab disappearances, women’s justice, Dalit rights, disability rights, child rights, labour rights and HIV/AIDS and related issues. In doing so, it engages in legal aid, PILs, trainings/workshops and publications in each of these areas. Of particular concern to the unit is also the declining sex-ratio of females as well as disability issues. Keen on leveraging HRLN’s national network, the

Chandigarh-based unit collaborates with other groups in the state and HRL N units on a regular basis.

The unit has been an integral part of healing process for the thousands of families who lost loved ones in the decade–long saga of disappearances. In addition to this work, the team has established a reputation for several good orders on disability. In particular, one involving a deaf woman who was the victim of domestic violence and cruelty by her husband and in-laws, yet was unable to communicate the offenses to anyone outside her home, let alone access the justice system. Through our support and legal intervention, the woman has won her court case, freed herself from an abusive marriage and maintains a mentally and financially stable existence. This case has become a reference point for such incidents in the state and indeed across the country.

Punjab, haryana ChanDigaRh

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

The unit focuses on justice for the victims of infamous Punjab

disappearances, women’s justice, Dalit rights, disability

rights, child rights, labour rights and hiV/aiDS and related

isssues. in doing so, it engages in legal aid, PiLs, trainings/

workshops and publications on these issues

Veena Kumari, Punjab, Haryana & Chandigarh Unit Director


Rajasthan Unit based in Jaipur was established in 2004 with the aim to help people protect their constitutional and human rights. Comprising lawyers and social workers, the members of Jaipur Unit and a small unit at Udaipur have to travel long distances to district courts to appear for cases. In the long-term, the team aims to establish satellite offices at the district level in order to be able to provide legal aid where it is required the most.

The state unit provides legal counselling and raises legal awareness through trainings, workshops and advocacy. The range of issues includes women’s justice, Dalit rights, disability rights, HIV/AIDS, child rights, labour rights, prisoners’ rights, public health and environmental issues. Representative activities in the area of Dalit rights include conducting fact-finding missions to document

atrocities against Dalits as a prerequisite to bringing the case to court. On prisoners’ rights, the team spends a considerable amount of time providing legal advice and aid to inmates.

The significant impact of Rajasthan Unit can be felt in terms of awareness-raising, publications and the delivery of pro-bono legal aid. Training advocates, social workers and the general public in strengthening their understanding of the law, the unit has contributed significantly to raising rights-awareness across Rajasthan. This, in turn, has translated into an increase in rights-related court cases and good court orders. A case in point is the unit’s PIL on HIV/AIDS not to disclose the identity of HIV+ people. The unit has also been widely acclaimed for its translation of criminal justice codes in Hindi, which has benefited scores of people.

Legal aid is required at the district level for the

marginalised and deprived people. our duty is to

provide it

Ajay Jain, Rajasthan Unit Director

Rajasthan JaiPuR, uDaiPuR8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


Based in Gangtok, HRLN Sikkim Unit started in 2004 with a mission to use law against discrimination of poor and marginalised sections of society. We empower the poor with access to justice through legal aid and intervention. Those who can’t afford legal means or lack legal awareness look up to us for support and awareness. The unit works tirelessly on issues such as children, women, farmers, labourers, the displaced, HIV+ people and those who are victims of trafficking – a critical but common issue in this border state. The team collaborates with a number of local groups on these issues.

Though we work on most issues concerning human rights, main focus is on women’s justice, disability, child, labour, HIV+, anti–trafficking, and criminal justice. Collaborations include partnering with the Karnataka Unit on women’s justice, the Arunachal and Delhi Units on anti–trafficking issues and environment issues with

the Kerala Unit. Outside partnerships include the NGO ASHI (Association for Social Health in India), which works on HIV/AIDS, women and children, adoption, maintenance and counselling through a centre and helpline.

The Sikkim Unit is credited with raising awareness of rights amongst society at large and with marginalised populations in particular. In addition to contributing to a shift towards a rights-based approach to state governance, the unit’s legal aid has provided measurable relief to women in distress, children in need of care and protection, and children in conflict with the law. The unit’s work on trafficking prevention has led to the designation of a special police officer for prevention of human trafficking and the effective implementation of the Immoral Traffic Prevention Act – the two developments that will go a long way in addressing a problem that has reached critical level.

running the unit and fighting human rights issues in a conservative

state is depressing at times because people always support the

powerful – not the powerless. But fighting for those resisting injustice is

satisfying. This is what makes us happy

Doma Bhutia, Sikkim Unit Director

sikkim gangTok8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

T I B E T

B U R M A

PAK

I ST A

N

N E P A L


we are most proud of the orders that we obtained after tsunami,

wherein, the victims were forced to leave their houses and asked to

move to temporary shelters. we managed to stop that and enabled

the victims to continue to live in their homes

K Topaz and T Joel Sunder Singh, Chennai Unit Coordinators

The Tamil Nadu Unit in Chennai was established in 2004 to help people cope with the catastrophic effects of the 2004 tsunami. Today, our relevance has extended way beyond post tsunami relief. Today, a cross section of communities – the Dalits, tribals, workers, women, children, and the disabled are the net beneficiaries of our solidarity with movements and legal intervention in the courts.

The Tamil Nadu Unit focuses on child rights, tribal rights, women’s justice, environmental justice, disability rights, labour rights, HIV/AIDS and disaster rights issues. Working in concert with the HRLN network as well as with local partners on an initiative-by-initiative basis, the unit provides legal aid and social services to the local community. As with all HRLN offices, working in solidarity with grassroots and community-based

organisations is the main principal. In recent years, HRLN Tamil Nadu has been particularly active with regards to the National Rural Employment Guarantee Act, which provides a legal guarantee of 100-day employment in every financial year. Ultimately, the scheme attempts to bridge the gap between the rich and the poor and increase the percentage of women in stipulated work force.

The Tamil Nadu team has made a very impressive impact in terms of its work in disaster situations and rights as well as in cases of child–trafficking. In Meenakshi vs State of Tamil Nadu, social welfare department & others, the petitioners were tsunami victims who were denied allotment of permanent houses by the state government. Later, 90 percent of them were provided with permanent houses.

Tamil nadu Chennai8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


uttar Pradesh aLLahaBaD, VaRanasi

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

The HRLN Uttar Pradesh (UP) Unit, based in Allahabad, was established in 2000 to provide legal aid to state’s underprivileged, particularly to Dalits, the worst victims of a rigidly caste-ridden society. Since then our mission has been to provide free legal aid to all those who cant afford it. We also work with people’s struggles and serve as a comprehensive resource centre to empower the public by imparting knowledge on rights based issues. Having a sub-unit at Varanasi, the UP Unit is committed to developing alliances and partnerships with other organisations working for people, sensitising the judiciary and bureaucracy on the needs of the people, providing access to justice through legal intervention and undertaking legal advocacy and awareness campaigns.

Our activities include public interest litigation, providing free legal aid to the poor, deprived and under-privileged, organising trainings and workshops, awareness camps, and serving as a state-wide hub for networking and

information sharing. Integral to HRLN UP’s activities is leveraging the strong relationships it has with other grassroots organisations in the state as well as with the other HRLN offices.

The unit is the first of its kind in the state to provide free legal aid to poor and to file public interest litigations in the high court. In fact, over 50 PILs have been filed since its inception, many of which have resulted in favourable court orders. Highlights include cases regarding child torture and child marriages; the construction of ramps for the disabled in order to a participate in elections; environmental pollution cases related to water, land and forest; inhumane conditions in juvenile homes; corruption in the public distribution system; policy changes and Act amendments assisting Dalits; right to food issues calling for the closure of ‘fair price shops’ where grains and other staples are not distributed properly; and right to information work protesting excessive fees.

when people come to our office from remote parts of the state

to share their problems, it gives us a great sense of satisfaction

that in turn inspires us to do more. as per the feedback, our work

provides much required relief to the needy and even courts have

appreciated usKK Roy, UP Unit Director


8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A

The Uttarakhand Unit based at Almora has been functional since 2007. The unit’s primary focus is on environmental issues, particularly related to displacement, ecological degradation, land and forest rights and land acquisition for various developmental projects. Apart from this, the state bordering Nepal, also witnesses a very high number of cases of trafficking in women and children. Our lawyers and social activists are working tirelessly on these and many more issues. The core strength of the unit comes from its legitimacy among masses at large and a number of people’s groups engaged in several struggles against all forms of injustice.

The unit also focuses on the atrocities committed by the state government on the pro-people activists in the name of fighting Maoists, branding them as ‘Maoist

terrorists’ and putting them in jails. Apart from this, HRLN lawyers played a major role in getting scores of Tibetan activists released from police custody from far-flung areas of the state while they were marching for freedom for Tibet.

Public health issue is another matter of grave concern here, reproductive health in particular as scores of pregnant women die before reaching hospitals owing to dismal transport and road conditions in the mountainous state.

The unit has held a number of workshops and seminars on these issues and filed cases in the court. The small team continues to engage with people’s movements and provide with legal support.

uttarakhand aLmoRa

we are passionate about issues that concern the poor

and the marginalised in every sense of the word. in order

to explore solutions to the common people’s problems, we

engage members of the Bar, journalists and activists

PC Tewari, Uttarakhand Unit Advisor


The state unit is known for its legal training on a wide range of

rights issues and good court orders for certain PiLs. also, it holds

the distinction of filing the first domestic violence case in the state

Debashish Banerjee and Ambalika Roy, West Bengal Unit Asstt. Directors

west Bengal koLkaTa, BasiRhaT

The HRLN West Bengal Unit was established in 2000 primarily to provide legal aid to the prisoners. Over the years, the unit expanded its work and now the focus is also on providing pro bono legal aid to the poor, marginalised, persons with disabilities and socially discriminated sections. A core component of our programmes is engaging people and working in collaboration with grassroots organisations, academics, policy-makers, judiciary, students and activists.

Our main strength is providing legal training on a wide range of rights issues, successful jail cases, UNHCR cases, and good orders for certain PILs. The unit holds the distinctions for filing the first domestic violence case in West Bengal followed by many landmark judgments on the domestic violence. We are playing a lead role in implementing the women welfare legislations.

In the last few years, the unit has successfully partnered with important HIV/AIDS, disability and child rights groups and has established a legal aid network in the state. Partnering with Childline Kolkata, the unit has made successful legal interventions in child labour and

child abuse cases. Our intervention through a PIL forced the state government to establish juvenile justice boards and child welfare committees in most districts.

The unit is also working in close collaboration with the groups working on the implementation of the Right to Information Act in the state and is a member of the West Bengal Right to Information Manch. The unit is a part of Griha Adhikar Manch, a state network of CSOs and social activists working extensively for the rights of the homeless.

The HRLN Basirhat, a sub-unit of West Bengal, was established in 2006 with a mission to prevent trafficking in humans and to protect adolescent girls and young women from being trafficked. The Basirhat unit is located in a trafficking prone area near the Bangladesh border and our members have been successfully intervening in trafficking related issues.

The unit also runs a short stay shelter home, Keertika, for ex-prisoners, women in distress and trafficked women with the support of ministry of women and child development.

8 º

12 º

16 º

20 º

23.5 º

24 º

28 º

32 º

36 º

68 º 72 º 76 º 80 º 84 º 88 º 92 º 96 º

C H I N AT I B E T

PAK

I ST A

N

N E P A L

B U R M A


supp

ort

donors & pArtnersWe are looking back on many fruitful years of cooperation with the HRLN on

various issues of human rights work. We highly value HRLN's contributions

towards access to justice for the marginalised, strong law enforcement

mechanisms, legal awareness among the public and constitutional as well

as legal reforms with regard to civil and political as well as economic, social

and cultural rights always focussing on the benefit the poor. Over many years

we could see how the motivation and engagement of many activists brought

about this outstanding network throughout most of India. HRLN also has made

important contributions towards international discussions like the one on human

rights budgeting for which we are grateful. Thus we are looking forward to more

years of fruitful partner ship, the sharing of common interests and mutual struggle

for the benefit of the poor and marginalised in society.

Kirsten Gade, Asia & Pacific Desk, Evangelischer Entwicklungsdienst e.V. (EED)


institutionAL support

progrAmme support

Swedish international Development cooperation

agency (SiDa)*

humanist institute for cooperation with Developing

countries (hiVoS)*

evangelischer entwicklungsdienst

(eeD)*

christian aid

church’s auxiliary for Social action*

european commission

Dan church aid

fondazione Pangea onlus

John D. and catherine T. macarthur foundation

global fund for women

Sir Dorabji Tata TrustStitching Kinderpostzegels

nederland (SKn)

Swiss agency for Development and cooperation (SDc)**

Swissaid india

United nation high commissioner for refugees

Diakonia

Karuna Trust

royal netherlands embassy

elton John aiDS foundation

misereor e.V.

irish aid

The finnish ngo foundation for human rights

* Support ending** Support ended


It has been our pleasure to work with HRLN for the past decade. Our association

with Colin and his team has been inspiring, enriching and rewarding. We are

pleased to see that HRLN’s judicial interventions and the right to food campaign

contributed to bring millions of lives out of deprivation

David KadamSwissaid India

SIDA has supported SLIC/HRLN since 1998. We consider SLIC/HRLN a serious and

committed organisation doing important and commendable work to ensure access

to justice for poor people. Our experiences from working with SLIC/HRLN are good.

The expected outcomes have to a large extent been achieved and the spirit of the

cooperation has been positive. We are happy to be associated with SLIC/HRLN and

we are convinced that its important work will continue to give sustainable results in

the struggle against poverty and oppression

Carl-G Svensson, Counsellor, Head of Development Cooperation, Embassy of Sweden

Sweden International Development Agency (SIDA)


In the span of 20 years, HRLN/SLIC has grown from a fledgling Mumbai–based law firm to a nationwide network with legal aid and counselling centres in 25 states. In addition to broadening our geographical reach, we have increased the range of support we offer.

Based upon staff recommendations and public demand, it became obvious that India needed a single organisation to address issues of social as well as legal advocacy. Only then, could we create pro-people legislation that truly reflects the current needs of local communities.With this as our incentive, we broadened our mission as well as our presence. Today, thanks to the ongoing support of our donors and partners, we have an office in New Delhi to handle Supreme Court cases as well as other units which also offer a comprehensive range of services designed to assist individuals, communities and movements to defend, realise and secure their rights.

Special thanks to all our supporters and benefactors who have helped, guided and advised us. We would also like to

express deep appreciation to our Trustees who have given the organisation unconditional support. Words cannot express our gratitude to all the people who lent us their offices, computers and other infrastructure when we did not have even the minimal resources to function.

Above all, we are deeply indebted to all our partners for having nurtured us from a tiny group to a nationwide network of human rights lawyers and social workers. Twenty years ago, we started as a small group to enable common people to use the courts to fight for justice and it is with that vision that we continue to work. Over the next decade, our challenge is to strengthen HRLN and to build the Centre for Constitutional Rights, India for human rights law training so future generations take a more people-centred approach to developing laws which protect community interests. Though we have many supporters, the grants are relatively small in relation to our growing network needs. As such, we would appreciate your assistance in helping us not only maintain, but increase our work’s reach and impact.

The Swiss Agency for Development and Cooperation considers that rule of law and human rights are conditions for sustainable development, poverty reduction and social justice.

SDC appreciates the dual approach of HRLN which works not only with vulnerable people (right holders) but also collaborates with the judicial system (lawyers, police forces, etc.) by

sensitising them about the problems faced by vulnerable people, by organising trainings and participating in official thematic working groups. SDC has been supporting HRLN since 2003. HRLN has demonstrated its ability to increase the knowledge of vulnerable people about their

rights and to improve their access to justice. We wish that HRLN will continue to strengthen its capacities to play its role in an efficient and constructive manner, thus making a significant

contribution to the improvement of the life of vulerable people in India

Véronique Hulmann,Swiss Agency for Development and Cooperation (SDC)


AwArds

UnaiDS ciViL SocieTY awarD, 2006

Presented by UnaiDS on the occasion

of world aiDS Day 2006 in recognition

of our outstanding commitment and

support to the national fight against hiV

& aiDS.

inTernaTionaL hUman righTS awarD

international human rights award,

2005 presented to colin gonsalves by

the Section of Litigation, american Bar

association “in recognition of extraordinary

contributions to the causes of human

rights, the rule of law, and promotion of

access to justice.”

heLen KeLL er awarD, 2003

The national centre for Promotion

of employment for Disabled

Poeple – ncPeDP-SheLL heLen

KeLLer awarD 2003

This is a special tribute in

honour of those individuals and

organisations that share ncPeDP's

vision and have helped create

employment opportunities for

persons with disabilities.


minu JoseMinu Jose, who was associated with Combat Law since its inception, died on April 19, 2007 at the young age of 31. She could not recover from the complications that arose from a drowning accident near Kamshet in Maharashtra.

Minu joined Combat Law when it was only an idea — even the name had not been finalised. She was the first full-time person working on Combat Law, playing a major role by starting and sustaining it through the first four years.

To begin with, she took up multiple initiatives of con-ceptualising articles, contacting writers, following up with them, editing, looking after the layout, designing, production and distribution of the magazine. If any per-son was single-handedly responsible for sustaining Com-bat Law through its first four years, it was Minu. She brought to the human rights journal a radical, legal and political perspective. This was all the more remarkable as she had no journalistic or publishing experience prior to joining Combat Law. She joined the journal soon af-ter finishing her MSW and within four years became the Managing Editor through sheer hard work.

JB D'souzaJB D'Souza, founder trustee and vice chairperson of the Human Rights Law Network, passed away on September

2, 2007 at the age of 86. An upright and conscientious civil servant, JB, as we all knew him, always cher-ished the cause of the citizenry.

JB had a long, distinguished and illustrious career as a bureaucrat. He served as Bombay's municipal

commissioner and chief secretary of Maharashtra gov-ernment through the seventies. Even today he is fondly remembered as a principled and upstanding official who strove hard to make the system responsive and account-able to the common man.

For all of us at HRLN, JB characterised the ideals and issues the organisation stands for. A staunch civil rights campaigner, we remember him for the case he took up against the Shiv Sena mouthpiece, Saamna, which, dur-ing the Mumbai riots of 1992-93, carried a series of hate-filled pungent editorials, dubbing and vilifying Muslims as anti-nationals. The case was dismissed but that did not deter JB. He continued to campaign for the imple-mentation of the recommendations made by Srikrishna Commission and action as per its findings.

remembrance


anDaman & nicoBar iSLanDShuman rights Law networkaB – 31, Babu Laneaberdeen Bazar Port Blair 744 – 101Telephone: 03192 – 230756Email: [email protected]

anDhra PraDeSh human rights Law network21–7–761, opposit Post office, high court road, ghansi Bazarhyderabad – 500002Telephone: 040-27661883Email: [email protected]

arUnachaL PraDeShhuman rights Law networkanam Building, opposite civil Secretariat, itanagarTelephone: 0360-2212099Email: [email protected]

aSSamhuman rights Law networkc/o P.n. chaudhuryLamb road, ambari guwahati-78100109864034505

DeLhihuman rights Law network576, masjid road, Jangpuranew Delhi 110014Telephone: +91-11-24379855/56

fax: +91-11-24374502email: [email protected], [email protected]

goahuman rights Law networkhouse no. 589, Plot c-9, Lane 6, La campala colony, miramar

gUJaraThuman rights Law networkB–5, Sushil nagar Society near octroi naka, opp. gandhi Labour institute, Drive in road ahmedabad – 380 052Telephone: 079 – 2747 5815Email: [email protected]

himachaL PraDeShhuman rights Law networkSet no. 6, Vimal Sadannear State co operative Bank chhotta ShimlaShimla – 171 002Telephone: 0177–262 4629Email: [email protected]

human rights Law networkVillage Upper Barol Po Dari Tehsil Dharamshala, District KangraTelephone: 01892–223 417Email: [email protected]

JammU & KaShmirhuman rights Law networkBee Dee house, first floor near maulana azad Urdu University, Kursoo rajbagh Srinagar, Kashmir – 190 001Telephone: 0 99066 67957 Email: [email protected] rights Law network Sub-Unit Pulwamacourt road, Pulwama.Tel.: 09419933327, 09797044433

JharKhanDhuman rights Law networkhiran Bala niwas, east Jail road near Plaza chowk, ranchi 834 001Telephone: 0651–2210965Email: [email protected]

KarnaTaKahuman rights Law networkno. 20, Park road, Tasker Town Shivaji nagar, Bangalore – 560 051Telephone:080-65624757Email: [email protected]

human rights Law network earamma advocatec/o Kavitha advocate h. no. 1-11-53/23/a, opp. Vidhaya Bharathi School, raichur, Karnataka

HrLn units


HrLn units

KeraLa human rights Law network58/340, manavalan appartmentsamulya Street, opp: Banarji rdcochin 18Telephone: 0484–2390 680Email: [email protected]

human rights Law networkTc – 25/2952, old gPo Building ambujavilasom road Thiruvananthapuram – 695 001Telephone: 0471–5581466, 2460652 Email: [email protected]

human rights Law networkroom no. 10, 1st floorKalarickal, Sankaran memorial Bldgeast of Kidangamparambu TempleThathampally P.o., alappuzha - 13

human rights Law networkc/o adv. mariaKalpetta, wayanadu

maDhYa PraDeShhuman rights Law network10 – B 1ST floor aman complex govind garden (near apsara Talkies & Punjab national Bank)above nobel electronicgovimdpura, Bhopal 462 023Telephone: 0755–4202 514

Email: [email protected]@hrln.org

maharaShTrahuman rights Law network1st floor, motiwala mansion, 56, Dontad Street (Damar galli) masjid (w) mumbai 400 009Telephone: 022–243434754/ 23436692Email: [email protected]

human rights Law network51-B mata mandir road,c/o alliance avrutta church, gokulpeth, nagpurEmail: [email protected]

maniPUrhuman rights Law networkKVic Building, 2nd floor, opposite Videocon house, Paona Bazar, imphal 795001Telephone: 0385 – 2442165Email: manipur

nagaLanDhuman rights Law networkc/o nVha, 2nd floor, new nST complex, Kohima–797001Tel: 0370–2291304e–mail: [email protected]

oriSSahuman rights Law networkflat no. 403–B, rashmi Vihar apartment, cuttack roadBudheswari colony Bhubaneshwar 751 006Telephone: 0674–231 4260Email: [email protected]

PUnJaB, harYana & chanDigarhhuman rights Law network house no. 2439, Sector 37–c chandigarh – 160 036 Telephone: 0172 – 460 3177Email: [email protected]

raJaSThanhuman rights Law networkflat no. 202, c – 1a, Suful apartment Sawai Jai Singh highwayBani Park, JaipurEmail: [email protected]

human rights Law network72, chato BedlaUdaipur, rajasthanMobile: 09351446811

SiKKimhuman rights Law network2nd floor, Satey Bazar above mahesh SaloonUpper Sichey, near District court


Compilation & editing: elisabeth abeson, Suresh nautiyal, Preeti Verma Design: Pavitra D Tuladhar | Layout: Birendra K gupta

Printer: Shivam Sundram, e-9, green Park extn., new Delhi 110016, inDia

gangtok, Sikkim 737 101Telephone: 03592 – 203557Email: [email protected]

TamiL naDUhuman rights Law network319/155, 2nd floorLinghi chetty Streetgeorge Town, chennai 600 001Telephone:Email: [email protected]@yahoo.co.in

UTTar PraDeShhuman rights Law network20a, hasting road, ashok nagar, allahabad 211 001 Telephone: 0532– 242 1893Email: [email protected]

human rights Law networkPVchr Sa 4/2 a, DaulatpurVaranasi-221102Telephone: 0542-2211742, mob. 09235887682

UTTaraKhanDhuman rights Law networkishwari Bhawan, west Pokharkhali, ranidhara road almora – 263601Telephone: 09412092159Email: [email protected]

weST BengaL human rights Law networkSohini apartment, flat 1a 3 Parbati chakrabarty Lane Kalighat Kolkata 700 026Telephone: 033–2454 6812 Email: [email protected]

HrLn units

HUMAN RIGHTS LAW NETWORK

2009 Socio Legal Information CentreSocio Legal Information Centre


INDIA


INDIA

Prisoners of conscience !

Irom Chanu Sharmila: Salute her sustained Satyagraha against AFSPA!

Resist the silent Emergency:Free Dr. Binayak Sen, general secretary, PUCL, Chhattisgarh, India

HUMAN RIGHTS LAW NETWORK576, MASJID ROAD, JANGPURANEW DELHI - 110014, INDIA

HR

LN C

ompendium

2009

HRLN Compendium 2009

Documents

Transcript of HRLN Compendium 2009