hrln arunachal update i. name: sunil mow work...

HRLN ARUNACHAL UPDATE

I. Name: Sunil Mow Work period: Aug & Sept 2006

Res. Address: G- Extension, Ganga, Itanagar,A.P

_______________________________________________________________________________

Res. Tel: 0360 2212099/2292561 Email: [email protected]

Mobile: 09436050907

II. Monthly Unit meetings attended by you

1st meeting date: ________________

2nd meeting date: ________________

Date - monthly report submitted: __________________

Part A

III. The Litigation Month at a glance (numerical listing)

Legal aid New cases Old cases Consultation Legal aid New cases Old cases Consultation

Prisoner’s Rights (CJI) State v/s Koli

Tallar

Sate v/s

Sapna De

Burma

State v/s

Sioge Kelo

State v/s

Boke

State v/s Milli

Mangha

State v/s

State v/s

Jepuk Kena

State v/s

Tadar

Achung

State v/s

Barak Ali

HIV/AIDS & Health

HRLN reporting format, July 2005 1

Sahidul Ali

State v/s

Dolum

Tadar Tagung

Women’s Rights (WJI) Sate v/s

Tesring

State v/s

Dame Keyu

Labour rights (LRI)

Child Rights (CRI)

Ha Yasa

Adivasi rights State v/s Koli

Tallar

Environment (EJI) Tenga /

Kameng Dam

Refugee rights (RRI)

Dalit Rights (Dalit)

PIL Right to

information in

Guwahati High

Court.

Disablity Rights (DRI) Tadar Tagung

Housing rights

Right to Food (RTF) Communalism

Corruption Any other issue not covered by above categories.


Litigation (Legal Aid/PIL – Narrative (A1 is for listing & A2 for a description in greater detail. May be applicable to more than one initiative. Indicate both clearly.) A-i. Fresh cases filed in the current reporting period Sr. No. File Ref. No.

(Unit internal) Cause title & Case Number Client: Act, Section: Forum:

Initiative CJI, WJI…

A1. State v/s Koli Tallar

Koli Tallar 379 IPC 1st class

magistrate,

Naharlagun

A2. State v/s Sapna De Burma

Sapna 379 IPC 1st class

magistrate,

Naharlagun

A3. State v/s Sioge Kelo

Kelo 482/489/379 MVA 2nd class,

Magistrate,

Itanagar

A4 State v/s Boke

Tadar Gandhi 279/338/406 IPC 1st class

magistrate,

Naharlagun

A5 State v/s Milli Mangha

mangha U/S 420/406 IPC 1st class

Magistrate,

Naharlagun

A6 State v/s Sahidul Ali Sahidul 406 IPC 1st class

Magistrate Smti

Kumar, Itanagar

A7 State v/s Dolum Dolum

A8 State v/s Tesring tinley


A9 State v/s Dame

Ha Yasa

Dame

A10 Tadar Tagung

tagung

A11 Right to information (PIL)

Bamang Anthoney High Court

A-ii. Continue description of Ai cases (repeat cause title column) Cause title & Case Number Brief description (200-300 words):

Status / Order In 1 sentence:

Case referred by:

Beneficiaries (who/how many):

State v/s Sahidul Ali . Sahidul Ali R/O vill: 2 Muguli Salmora, P/S Nabaisha, District North Lakhimpur, Assam was arrested 1st May, 2006 at Bangalmora, Assam. The accused was arrested on the basis of complaint filed by the own of auto rick show on 20th Feb 2006 at Itanagar police station. As per the complaint the accused was driving auto bearing No. AR 01B-5259 e.g No. AEMBME 51149 and CH.No 24fBMf on here basis @ of Rs 1500 per month. On 12th feb 2006 the accused had gone to laluk Assam without knowledge of the owner. From there he called up complainant over telephone saying that he would be back to Arunachal on 13th feb 2006, the complaint was lodged after he failed to return back on the said date.

The bail application was moved on 12th September 2006, the Ld Magistrate, rejected and saying that the caused has already pleased guilty .The lawyer from HRLN on basis of his pleased guilty. The lawyer prayed for dispose his case on basis of under gone in the Jail. The Ld Magistrate Mrs.

Lock – up interview


As per the police investigation the accused was trying to dispose off the auto rickshaw at Assam, hence the cased was registered under 406 of IPC and later asserted at Muguli,Assam. The bail application was moved on 12th September 2006, the Ld Magistrate, rejected and saying that the caused has already pleased guilty .The lawyer from HRLN on basis of his pleased guilty. The lawyer prayed for dispose his case on basis of under gone in the Jail. The Ld Magistrate Mrs. Kumar was pleased to dispose of the case and release him on 13th Sept’ under ground sentence in the police lick-up.

Kumar was pleased to dispose of the case and release him on 13th Sept’ under ground sentence in the police lick-up.

State v/s Boke

Boke S/O Bila Boke R/O P- Sector Itanagar. Papum Pare, District, A.P. He was falsely implicated in the case of cheating and criminal misappropriation. The accused was working as Driver in the Bhart Sanchar Nigam, Itanagar, A.P. The complainant P. Borgohain from who is vegetable vendor at Naharlagun, A.P. He has lodged false complaint to blackmail and to extort money from the accused with the help of police. The police was behind the compliant to blackmail the accused. The brother in law of the accused came to HRLN office for the legal consultation. The lawyer from the HRLN went to police station and met police incharge and investigation officer and enquired about the case. The complaint was send to the 1st class Magistrate, Naharlagun court with the accused. The Learn magistrate was pleased to discharge

The Learn magistrate was pleased to discharge the accused on the ground that it was baseless allegation. There was no any evidence to support the complainant which is lodged against the accused in connived with police. The complaint had been doing and extort the money by blackmail. The accused has been discharge in the case.

Tadar Gandhi


the accused on the ground that it was baseless allegation. There was no any evidence to support the complainant which is lodged against the accused in connived with police. The complaint had been doing and extort the money by blackmail. The accused has been discharge in the case.

State v/s Sapan Deb

Burma

Sapan Deb Burma S/O Tukram Deb Burma R/O Nirjuli ( rent), permanent resident of Chamila Basti, Agartala. He was arrested for stealing computer near medical at Naharlagun. He has been vulnerable to the police, whenever there is theft in the locality police will arrest him on suspect and falsely implicate in the said case. The accused has been in the police custody for many months. He was working as a waiter at Shilpa Hotel as a waiter than labour on the contract basis. The accused arrested on 23 April 2006 The bail application filed before the 1st class Magistrate Chuku Tallar, Naharlagun, The LD Magistrate was pleased to grant bail with amount of Rs. 5000 but one could came and furnished bail to release him because no one of his family could stand for surety. He was from very poor family background. The Ld magistrate was pleased to release him on 20 Aug 2006 on personal bond. The accused has been released from the Police lock-up, Naharlagun.

The Ld magistrate was pleased to release him on 20 Aug 2006 on personal bond. The accused has been released from the Police lock-up, Naharlagun.

Legal interview

State v/s Milli Mangha

Milli Mangha S/O MIlli Kaprik R/O Papu Nalla, Papum Pare, District, A.P. He is 26 years old, used to do small business was arrested in the month of April 2005 in the civil nature case. As per his version the accused was arrested for default of payment of Rs. 20,000 loan which was taken from the

The application was again filed before the magistrate to release him on personal bond and the Ld Magistrate was pleased to release on personal bond on 14

Prison interview


complainant. He took loan for starting his business but it did not gone well and he could not return back his loan in time. He assured the complaint of returning and asked him for wait for some time but he did not agree and criminal complainant was filed against him and on the basis of the complaint he was arrested and now has been in the lock for some months. The lawyer from the HRLN has filed bail application and was granted bail of Rs. 5000 but could not be released because no one of his family could furnished his bail bond and has been in the lock –up for months. The application was again filed before the magistrate to release him on personal bond and the Ld Magistrate was pleased to release on personal bond on 14 Sept 2006.

Sept 2006.

PIL Right to Information

PIL filed in Guwahati- Itanagar bench by HRLN Arunachal

through Petitioner Bamang Anthony Social activist.

The petitioner had have wanted to get some document

under Right to Information Act, 2005. While filing

application for information they came across the rules

framed under section 28(1) of the Act by the State

Government of Arunachal Pradesh. The sections 8 of the

rules prescribe Rs. 500.00 as a fee for obtaining certain

documents ( tender, bids, business, contract etc), and

Yet to be heard.


other information fee is Rs. 50 which is arbitrary and

unreasonable and also found no State Information

Commission was constituted. Without being State

Information Commission formed, non of the citizens can

get redressal against any of the State Public Information

Officer.

The Rights to Information Act, 2005 is to set out

practical rules of the right to information for citizens to

secure access to information under the control of public

authorities, in order to promote transparency and

accountability in the working of every public authority. The

people of this country have a right to know every public

act, everything that is done in a public way, by their public

functionaries. They are entitled to know the particulars of

every public transaction in all its bearing. The State of A.P

in the

year 2003-2004, it per capital income was Rs. 11333/-

which is less in comparison to Maharastra, Guj, Karnataka,

Punjab , Pondcherry, etc. The capital income of these


States in the year 2003-2004 was Rs. 16479, Rs. 16779,

Rs. 13141, Rs. 15800 and Rs. 23610 respectively.The

other states with higher per capita income in comparison

to Arunachal Pradesh has prescribed less amount of fee

payable for obtaining information under sub-section (1) of

Section 6 under their State Rules. Under the State Rules in

Maharashtra the application fee is Rs. 10, in Gujarat it is

Rs. 20, in Karnataka it is Rs.10, and in Pondicherry it is Rs.

10

There is no distinction between the information on

tender documents, bids, business, contracts in one hand

and other information in other hands in any other states

rules and central Rules and Right to Information Act, 2005

The right to information rules 2005 framed by Govt of

Arunachal Pradesh is unreasonable, arbitrary. An excess

fee for obtaining document has not only deprived common

people in obtaing information but also defeated the

purpose of the Right to Information Act.


State v/s Koli Tallar

Koli Tallar S/O late Koli Tati R/O Jolly Basti, Itanagar, Papum Pare, A.P. He is 28 years, used to do work on contract labour on daily basis, studied up to class VI in the Govt primary School at Itanagar. He was arrested on 23 Feb, 2006. The lawyer from the HRLN has filed application before 1st class magistrate for his medical treatment at Guwahati in his eyes. The LD magistrate was pleased to order for the further treatment in the prescribed medical. He was not treated well in the police lock-up. He had complainant verbally to Magistrate but nothing has happen.

The LD magistrate was

pleased to order for the

further treatment in the

prescribed medical. He

was not treated well in

the police lock-up. He

had complainant

verbally to Magistrate

but nothing has happen

Legal interview

Tadar Tagung Tadar Tagung R/O Damsite, Naharlagun, Papum Pare, A.P/ He is locomotor disable and unemployed. He is young earning his livelihood by making small craft. He got constructed small house in the Damsite near Dept of Public Health Engineering area. The House was build after verbally allowed by concern authority but not in written. Now some people of Dept has instigated local youths and he has been threaten of dare consequences if he does not vacate and asked to shift from that place otherwise appropriate action would be taken against him. Now the disable person has no other land and house. If he is evicted than no other way to go. He has been mentally and physically harassed and could not sleep for some days because this tension. He came to HRLN office for legal consultation. The lawyer

The lawyer from HRLN lawyer has asked him file against the notice if served and assure him of legal help

Tadar Tagung himself


from HRLN lawyer has asked him file against the notice if served and assure him of legal help and challenging notice if served.

State v Siang Kelo Siang Kelo:-

Siang Kelo S/O Samang kelo R/O Naharlagun, Papum Pare, Arunachal Pradesh. He is young 18 years old was arrested for violating motion vehicle Act. He has been in the lock for some days. As per the police he was violating motor vehicle rules, driving dangerously which would have taken life and caused dangerous to human life. The HRLN lawyer appeared for the accused before the 2nd class magistrate O. Taring at Itanagar court. The LD magistrate was pleased to release after imposing five hundred fines in the said case.

The HRLN lawyer appeared for the accused before the 2nd class magistrate O. Taring at Itanagar court. The LD magistrate was pleased to release after imposing five hundred fines in the said case.

Accused brother Tai kelo

State v/s Tadar Achung ) Tadar Achung S/o Tadam Dema R/O Vill Nyapin,

Kurung Kumey, District A.P. He was arrested for the

possession of gun. He has been in police lock up for almost

8 months. Now the trial is going on. He has been in the

lock-up for many months because being from a poor family

back ground.

The lawyer from HRLN filed bail application before the 1st class magistrate Mrs Kumar Itanagar court was pleased to release the accused on 29th August 2006 after furnishing the bail

Mother in law smti Dame


He is married and has a wife and one daughter, he

used to do some small business of bamboo at

Naharlagun.As per the prosecution story he was arrested

at Kawa Royal near Bagra village on suspect of doing

extortion in the village.

The lawyer from HRLN did legal interview in the

Itanagar lock-up and took up his case because of being

poor he could not hire lawyer.

The lawyer from HRLN filed bail application before

the 1st class magistrate Mrs Kumar Itanagar court was

pleased to release the accused on 29th August 2006 after

furnishing the bail amount of Rs 5000/- cash with the local

susety.The accused was released on connection that he will

physically appear in the court on each and every day final

and no tempering of presentation evidence.

amount of Rs 5000/- cash with the local susety.The accused was released on connection that he will physically appear in the court on each and every day final and no tempering of presentation evidence

State v/s Barak Ali ) Barak Ali S/o Kitab Ali R/o Islampur, Assam. He was

arrested for the stealing plate , utensils and local

ornaments from his owners house where he was worker as

agricultural labourer. The accused was granted bail on 08

May 2006.

The bail application was again filed to release him on personal bond. The Hon’ble court was pleased was to great bail with amount of Rs 5000/- despite of bail the accused has been in the police loc-up for many months. The

Prison interview


The accused is poor person, he has wife, four son

and one daughter. He was worker as labour at Chimpu,

Itanagar, Papumpare District (A.P.).The accused has been

in the police lock up for almost 9 months.

The lawyer from HRLN did the legal interview and took up his case because he was very poor and bail application was filed to release him on personal bond. The bail application was again filed to release him on personal bond. The Hon’ble court was pleased was to great bail with amount of Rs 5000/- despite of bail the accused has been in the police loc-up for many months. The lawyer from HRLN file bail application to release on personal bound Ld Magistrate Mrs. Kuma was pleased to release him on 23rd August 2006, after furnishing bail bond of Rs 5000/- write local surety

lawyer from HRLN file bail application to release on personal bound Ld Magistrate Mrs. Kuma was pleased to release him on 23rd August 2006, after furnishing bail bond of Rs 5000/- write local surety

State v/s Jepuk Kena Jepuk Kena S/o Tajik Kena R/o Adi Basti, Itanagar and

Permanent resident of Daporijo. He was only 18 years used

to run auto on the hiring basis. The said accused was

arrested under 297/338 motor vehicle act of 1988 on 8

Dec`2005. The case had been disposed off and accused

has been released.

As per the prosecution story, on 20-12-05 at

12:30 hrs. one autorickshow being drive by the said

accused caused accident near king Cup School VIP road

Itanagar. The accident was occurred because of the

reckless driving and the passengers sustain injuries.

The accused has been in police lock-up for

The lawyer from HRLN

had visited the Itanagar

Lock-up and took

interview of inmates

and found that the

accused had been in

lock-up for long time

because no one his

family come furnished

bail bond because poor

family background. The

case was taken again

and the application was

Legal interview (lock- up)


almost eight months. No one of his family could hire lawyer

and released him out. He was from poor family

background.

The lawyer from HRLN had visited the Itanagar

Lock-up and took interview of inmates and found that the

accused had been in lock-up for long time because no one

his family come furnished bail bond because poor family

background. The case was taken again and the application

was filed before the Hon’ble court for release on personal

bond. The Ld Magistrate Sh. Nyigor was pleased to release

him on 1st August 2006.

filed before the Hon’ble

court for release on

personal bond. The Ld

Magistrate Sh. Nyigor

was pleased to release

him on 1st August 2006.

B. Old cases for which appearances have been made in court: Sr. No. File Ref. No.

(Unit internal) Cause title and Case number: Proceedings (20-100 words) One sentence only for routine hearing - adjournment,

filing documents, etc. B1.

B2.

B3.

C. List of interim or final orders obtained and enclosed this month: Please annex copy of order Sr. No. File Ref. No.

(Unit internal) Cause title and Case number:

Nature of order:

C1.

C2.


IV. Legal Advice / Consultation / Mediation This legal consultation is separate from the counseling done by Helplines. Cases that do not result in litigation in the current month. Include advice, discussion, mediation, notice sent, etc. Sr. No. Name of person (client) Nature of case (100 - 200 words) Action taken Dame

Dame Kayer, R/O C- section Itanagar. He was working as peon in PWD Department. He come to HRLN office along widow sister in law for legal consultation.

His brother was murder some year ago by his neighbor in without any reason and the case was pending in the court and there was no progress in the case.

The lawyer from HRLN has suggested then to hire some

good criminal lawyer to assist public procreation in the said case

Legal consultation

Dolum Dolum R/O Daporijo of small town of Arunachal. He is an activist has been fight against encroachment for the proper planning and beautification of town. Some local resident, burucreate, politican encroached land like park, social forestry in the town in connived with land record department. The public forest area and govt.area were encroached and the town was becoming like slum, there was no any mechanism to control /prevent the illegal enroachement of land by unwanted people. The activities came to HRLN office for legal consultation to stop illegal encroachment of social forestry and town, the lawyer had asked them to file PIL to stop encroachment and asking for the direction for proper planning, beautification of the said town.

Ask him file PIL

Tinley Activist from Bhutan Tesring W/o Tundup was married for many years. They have one son out of wed lock. The husband being alcoholic he has been harassing her wife many occasions, she had been treated very badly, some time physically mentally tortured. After many months she informed her family friend Mr Tinley


from Bhutan who is activist regarding the cruelty committed to her by her husband.

The HRLN office was approached through her friend for legal

consultation .The lawyer has asked her to lodge FIR for cruelty if

the problem could not solved or husband not learning from it. She

could also file for separation/ divorce, maintenance from her

husbands for son and herself

Ha Tagung brother of victim The FIR was lodged before the Itanagar Police Station after

missing of Miss Ha Yasa age around 15 years height 4’5 from Nykum Lapang Itanagar in the month of 5 gu 2006 and could not be located her. She is daughter of H.A Taha R/O of Nyukum Lapang, Itanagar, Papum Pare, Arunachal Pradesh. The father of missing girls came to HRLN office for legal consultation to help in finding her hereabout. The lawyer from HRLN first contacted officer Incharge in the police station to find out the missing girls. As per police they could not trash out . The lawyer fro HRLN furnished FIR copy/ photocopy to NGO partner Impulse NGO Network at Shillong to help in locating the missing girls. The said organization is partner in combating trafficking against women and child in North East.

The lawyer fro HRLN furnished FIR copy/ photocopy to NGO partner Impulse NGO Network at Shillong to help in locating the missing girls. The said organization is partner in combating trafficking against women and child in North East.


V. Meetings (ORGANIZED/CO-ORGANIZED) -Training/workshop/meeting/campaigns/press meet/demonstration

The table is only a listing. Please annex the detailed report keeping in mind the format and checklist as mentioned in the explanation. Sr. No. Title Organisers / Co-organisers if any Date(s) Accounts settled:

Y/N Initiative Outcome

Press conference/ Book release

Improving Inter Agency Reponse

and NGO coordination to TIP in the

North East India at Itanagar by

Director General of Police

HRLN Arunachal and Voluntary Health

Association

30 Aug, 2006 The meeting was organized by Human Rights Law Network and Voluntary Health Association Arunachal Chapter on 30 Aug, 2006 at Indra Gandhi Park Restaurant, Itanagar. The meeting was basically interaction with press personnel, NGOs on the menace of trafficking of women and child, the state consultation on anti-trafficking done Impulse NGOs and follow up the meghalaya model in Arunachal Pradesh Meanwhile, Amoth Kant, Director General Of Police, Arunachal Pradesh released the book called Improving Inter Agency Response and Coordination to TIP in the North East India and shared his


experience and stressed that the trafficking is one of the worst crime in the world. The coordination of NGOs, media personnel, police, govt agency is needed to tackle the menace in North East and Arunachal Pradesh in particular. The Media personnel, NGOs had discussion on anti-trafficking and shared how media, NGOs, police should coordinate to lessen the menace and it was also mentioned the media should be careful while reporting and make sure that the victim of trafficking are not again victimized. The meeting was attended by journalist Mr. Ghose from UNI,Shri Tara Chatung, North East TV correspondence,Gyati Katcho from


Arunachal Times, from the Down lit, The Echo and Mr. Tasar Pali, Deputy Director and Mr. Bage, Asst Director of State AIDS Control Arunachal Pradesh. It was also discussed how trafficking is also linked with the spread of HIV/AIDS. Mr. Tara Chatung, President was given mementoes and book on TIP by Impulse NGOs Network and appreciated for his contribution and coverage on anti-trafficking, other Media were also complimented for their wonderful coverage and to be stakeholder in the fighting the issue in the State through media.

Note: If it is work for a meeting planned in the future month/s, please record below the processes and work towards the meeting:


VI. Meetings (PARTICIPATED) – Trainings/ workshops/ public hearings/ meetings/fact findings /press meet

Title

Organisers Date(s) Role (participant/ resource person, paper presented*)

Initiative Outcome/Brief minutes

Related accounts settled:

Communications workshop

HIV/AIDS advocacy

through the media held on

17- 21 , 2006 at shillong ,

Meghlaya.

Delhi based

mediaids project

co- funded by the

European Union

and DFID India,

formedia,

internews, PSBT

and Deutsche Well

Akademie

17-21 participated Communications workshopHIV/AIDS advocacy through the media held on 17- 21 , 2006 at shillong , Meghlaya. It was organized by Delhi based mediaids project co- funded by the European Union and DFID India, formedia, internews, PSBT and Deutsche Well Akademie. The five days training ia all about the participant, it’s a chance to develop confidence & Skill, share experience & challenge and build better relationships with the media. There was lots of practical activities & creative exercise sharing new Idea and finding way to support each other in the work journalist do. Understanding the target of audience, identifying human angles, sharing not preaching, expression complex issues (like HIV/AIDS) sensitively and clearly, countering stereotype and discrimination. Understanding what journalist need, how to find news angles, understanding the differences between worthy and newsworthy, using radio, print and TV to communication and message, developing own communication skill,


how to send more confident, clear and persuasive, learning to listen, understanding body language, the special challenges of communication on radio & TV: handling interviews written communication skills how to use simple, persuasive language to cover information and mesaages writing letter to the editor and press release. Planning & strategies tools for creating simple achievable media strategies for advocacy campaign. The resource person Mrs. Fiona Lloyd Trainer, medias has been doing training in Indonesia, Jakarta, Zimbabewe, Kosovo, Denmark, Liberia, South Africa etc. in difference capacities as radio journalist, script writer, freelance journalist, researcher, trainer et. And Mrs. Neelima Mathur is researcher, writer, journalist, executive producer for decades, worked with National Herald, editor Sunday magazine youths page, media advisor group for the International centre Research on women , radio programme, leader mentor ESODOC- ZeLIG School of film, TV & New Media, Italy Project Manager India mediaids on EU- India HIV/AIDS Media Project. The participant were from HRLN Arunachal Pradesh, Sunil Mow,


Hasina President Impulse NGO, Dr. Biman Natung, Ajit Sharma, from Voluntary Health Association of Arunachal and Tripura, Deepali Dodum journalist PRI, Dr. Plain, Rica and Bonjo from Shillong. The participant has intereacted with journalist from North East P.P singh BBC, editor Assam Tribune, Mr. Partho Das TV, Mr. B. Sen Radio, Mr. Rajiv Sahara Samay and local journalist from Meghalaya. They shared their feeling and problem face by the journalist and NGOs activist while getting publishing news in the print or electronic forms, their thinking towards journalist and activist were shared discussed

Development of training

manual and hand book

workshop was held at

conference hall, North

Eastern Police Academy,

Umsaw, Umiam (Para Pani)

on 25- 27 Sept 2006

Impulse NGO

Network, North

East Policy

Academy,

supported by

United Nation

Drugs and Crime

25- 27 Sept

2006

HRLN lawyer as resource

person.

Development of training manual and hand book workshop was held at conference hall, Norht Eastern Police Academy, Umsaw, Umiam (Para Pani) on 25- 27 Sept 2006.The genises of the concept of the process of development of the proposed guide book and the manual. It is result of a continuous process of deliberation and consultation conduct with the police department of the North Eastern States of Assam, Meghalaya, Nagaland, Manipur, Arunachal Pradesh, Tripura, Sikkim. It was felt that trafficking in human being ,


especially for the purpose of sexual exploitation in the North Eastern India is yet to be understood and recognized in its entirety. Through reports suggests of increasing number of North Eastern girls are being trafficked to the western and central India in the guise of Job opportunities, fake marriage etc. anti- trafficking movement and initiatives for the protection of women and children is yet to gain around and the attention. It ought to for weeding the growing menace in the region. Anti-trafficking movement in the North East, so for has been or NGO led movement but to contain a well networked highly organized and clandestine social evil like trafficking in humun being is not possible in isolation The Days proceedings started with Ms. Hasina Kharbhih,President, Impulse NGO Network, Shillong welcoming the participants for the Workshop. Explaining the genesis of the concept of the process of development of the proposed guidebook and the mabual, Ms.kharbhih mentioned that it’s been the result of a continuous of the North Eastern states of Assam, Meghalaya,Nagaland, Manipur ,Arunachl Pradesh, Tripura and Sikkim,It was felt that trafficking in


human being especially for the purpose of sexual exploitation in North East India is yet to be understood and recognized in its entirety. Though reports suggest of increasing number of north eastern girls are being trafficked to the Western and central India in the guise of job opportunities,fake marriage etc,anti- trafficking movement and initiatives for the protection of women and children is yet to gain ground and the attention it ought to for weeding the growing menace in the region.Anti- Trafficking movement in the North East, so far has been an NGO led movement .But to contain a well networked, highly organized and clandestine social evil like trafficking in human being is not possible in isolation by only one sector of the society. Hence, as the first step towards a comprehensive intervention plan , impulse NGO Netwok, supported by UNODC, initiated this partnership with the law Enforcement authorities for a joint action to combat trafficking in the region. However, since crimes related to trafficking are still new to the region, an intervention oriented approach needed much introspection into the prevailing situation and on judicious application of the legal instruments


in addition to clarifying the different aspects of trafficking in human being. Hence, the consultation programs conducted across the states unanimously expressed the need of a comprehensive document of understand the problem of trafficking from different angles and a ready reckoner in the form a hand book initiating speedy and appropriate action to combat trafficking in the region. The primary goal of the training manual is chiefly to ensure that the victims of trafficking are better protected based on the principles of Human Rights and that the prosecution of offenders is more effective. The training manual aims at offering basic training to the Law Enforcement to combat trafficking and at creating a good balance of the subject matters as well as a good relationship among law Enforcement and other department ,basically a holistic and multi disciplinary term’s involvement of existing government department. The training manual and hand book basically aims at addressing the following four objectives.

1. Create knowledge and understanding among Law Enforcement on the issues of


human trafficking so that they are aware of the importance of working with multi disciplinary approach to resolve the problem.

2. Cultivate the right attitude towards the traffickers among the Law Enforcement.

3. Train Law Enforcement on skills and techniques in working effectively and holistically including the judicial process, assistance and protection of victims.

4. Ink and create network of skilled persons from multi disciplinary profession including those within the Government of Non Government, Section aimed at combating trafficking.

Ms.Kharbhih acknowledges the great cooperation extended by Mr.T.Pachuau, Director, NEPA in conducting this workshop and especially for the commitment shown by active participant in the right against trafficking.It is highly commendable an initiative by the NEPA, (and the law enforcement agencies in North East.) Mr.Pachuau, Director, North Eastern Police Academy, in this welcome address made an honest submission that in the Police station cases are


hardly registered as case of trafficking due to the limited knowledge of the law enforces on the subject. Though incidence of trafficking in human are increasing everyday, they are seldom reported ,and if reported, do not get the due attention owing to the various other factor, and it lose importance.Since North Eastern region has traditionally been terrorist infested, the major focus area of law enforcement remains in the law and order situation relating to the terrorist activities. But the time is ripe for the enforcement agencies to step up its activities in containing the growing menace of trafficking in the region. Thanking Impulse NGO for taking the timely step for developing a manual and a hand book for the law implementing agencies expresses his firm belief that the three day deliberation will be able to come out with a handy manual and hand book to empower and epuip the police forces in the states for taking pro active action against trafficking in human being. Mr, Ashley Verghese, Legal Counsel to Oasis India and a practicing Lawyer in Bombay High court, acting as a facilitator for the workshop terms it as unique and first ever initiative taken to develop a manual to train the police department in India. He appeals to the participants


and the organizers of the workshop not be limit such a wonderful effort within the North Eastern region but to make the fruits available to the entire nation for launching an effective fight against trafficking . Taking on the job of facilitating the workshop, Mr Verghese outlined the process to be followed for the development of the manual and the handbook. He shared with the participants the India Survivors protocol prepared by a SAARC level think tank consisting of Lawyers , Social Workers, social scientists and policy makers as the base of the manual development. The protocol mentions of , in clear terms the areas needing special attention in order to evolve a comprehensive intervention model to ensure protection and justice to the victims of trafficking Based on the protocol, Mr. Verghese enumerated the following aspects for deliberation and debate to be evolved as the guiding principles of the manual and the Handbook.

• Setting up of a Missing Persons Bureau.

• Creating a Database of Habitual offenders.

• Monitoring at the Transit Point.

• Using Decoy for investigation.


• Interrogation Techniques and procedures.

• Separate by Sight and Sound.

• Vigilance at the Police Station Level (for the protection of the victim from intimidation.)

• Child to be taken to safety after rescue.

• Measure to be taken while transporting the child.

• Registration of birth and death (to corroborate evidence)

• Prevent substance abuse during trial

• Statement of the victim girl. • Keeping perpetrators in

custody. • Protection from adult justice

System. • Incorporation. • Strategies for striking the

trafficking syndicates through closure of brothel and freezing of assets.

• Prevention of re-trafficking. • Guidelines for Rehabilitation

and reintegration. These guidelines were specifically supported and supplemented by facilitator with real life situation of successful prosecution carried out by different Organizations in rest of India.


Mr.B.R.Rana IPS, DGP, Nadal Officer anti- Trafficking, Govt. of Meghalaya, shared the process, structure and organization of the proposed manual as

• Focus

o Purpose o Target Audience o Scope

• Organization o Said rules o Attitude o Review o Production

• Writing o Division of tas o Collection of

information sources o Clarity of language

and brief in expression • Editing • Review • Consider as bound duty of

editing • Revision

o Process of revision Following these steps, he emphasized a meaningful manual can be evoled. Valuable suggestions from Director Mr. Pachau came in the form of supplementing the


guidebook with relevant case studies and sections of law applicable to such crimes. Based on the framework evolved after drawing from the India Survivors Protocol: and the guidelines provided by Mr. Rana, the facilitator divided the participants the following groups to deliberate on areas specifically se for them for preparing a worked document. Group I: Investigation Group II: Anti- Trafficking Prosecution Group III: Networking, Repatriation, Reintegration, Media Relation and Combating re- trafficking. Each group was composed of a Social Worker, a Lawyer and a police officer representative in it. Developing of a Working Document. The groups indulged in extensive discussion and debates to bring out a working paper within parameters of the subjects assigned each particular group. After a marathon session, and after considering the different aspects and alternatives.eg: the Groups III working on Anti


trafficking prosecution, came to this conclusion that, in dealing with a case on trafficking, it is mandatory on the part of the investigation officer to take action on his own as all the cases under ITPA amounts to cognizable officers. Brain storming on the parameter of Good Practices the team brain stormed on issues like how long a victim child be kept in a protective home, whether there should be any defines period of stay for the child in a Home? The group rechecks whether it comes within the ambit of their discussion. The following emerged from the presentations. Group I : This group already went ahead with the naming of the hand book as “ Investigation Hand Book 2006.” The points emerged from the discussions of this group are: This group introduces its findings as one liner crisp easily comprehensible guidelines looking at it though the eyed of an Investing officer at the Police station level. This group begins with defining the concepts as they believe that IOs do simple mistakes by over


looking the simplest things during the process of investigation. Hence, emphases is put on making it a ready reckoner for the IOs. The group suggests a time tested successful European model for intelligence gathering. The group gave special emphasis on defining the term of trafficking, brothel and various aspects and forms of trafficking to bring about clarity on the areas to be investigated as case of trafficking by an IO. Under cover surveillances: The group maintains that the IO would make fullest use of technical surveillance and hidden cameras to record evidence during the investigations. He may arrange to hire those equipments from an NGO available sources. The group elaborately explains the procedure of recording the evidences so as to maximize the chances of prosecuting the perpetrators including taking alternative measures like seizure of assets and closing down of the brothel to protect the victims from re-trafficking.


On questions relating to challenging the electronic evidences in the court of law, the group listed out extensive measures to be taken to prove and preserve the authenticity such evidences. Regular updating of the case diaries was also suggested as a major ingredient to put up stronger case on trafficking in the court of law. Situation of simultaneous raids to be carried out by a special officer were well laid out by the group after a flurry of discussions with the other groups. One the issue of Victim Protection, the group talks about placing the victim in a protective home through appropriate procedures laid in the concerned laws. However, looking at the practical problems that one comes across in the North Eastern region in the absence of sufficient number of such protective homes, the group in consultation with other participating group laid down a strategy for the IOs to be equipped with a list of credible NGO run for placing the victim in


safe custody. According the time of maximum duration of stay of the victim was also debated intensively taking into account the needs for making a stronger case against the trafficking. The group also deliberated on issues like Good Practices to be followed

• While registering case of trafficking

• During Trial • On preparing an ideal FIR • Surveillance • Keeping perpetrators in

Custody • Effective law enforcement • Surety as a deterrent • Post rescue guidelines

and Appropriate use of Law (on which an appendix will be attached with the hand book ) etc. Group II or III:

• Every police station should take initiative in generating awareness within their area of jurisdiction.

• Identify vulnerable persons like

Orphans Women and child


Domestic help esp. migrant children Women and children of migrant laborers Young girls seeking job opportunities, esp. from tribal communities

• Keep a watch on the

Strangers roaming around without any purpose Recruitment agencies whose identity is not authenticated • Set up a missing

persons Bureau in every district attached to the SP office

• State Level Watch dog Committee under the supervision of police.

• Maintaining of a database of the habitual offender

• Special vigilance at the transit points

• Setting up of Local Advisory body with five credible person from the locality.


• Community Watch Dog Group.

The step forward: A considerable progress was made within a very short duration of two days in realizing the massive task of designing a handbook and a manual for police department. The subject in question is enormous, and needs a precision to make such a daunting task of developing a manual on a crime which keeps changing its strategy every moment. Notwithstanding, the committed group of police offices, Lawyers and social workers have come out with a working document as a result of wonderful collaboration and joint efforts among them. We look forward to a final document in the form of Handbook and Manual for the law Enforcement as we go ahead with more deliberations during the day.

The lawyer from HRLN Arunachal Pradesh and Sikkim were present in the Workshop as resource person in the developing the above said with NGOs and Police personnel from Nagaland, Manipur, Mizoram , Sikkim , Assam . The following people were present Adv. Asheley Verghese, ( Oasis) Ajit Joy (


UNODC) Pachuau IPS ( Director North East Police Academy ) B.R. Rana IPS (DIG crime) Mr. L. Singjit IPS etc. The primary goal of the training manual and hand book are chiefly to ensure that the victims of trafficking are better protected based on the principles of the human rights and that the prosecution of the offenders is more effective, aim at offering basic training to law enforcement to combat trafficking and at creating a good balance of the subject matter as well as a good relationship among law enforcement and other dept basically a holistic and multi-disciplinary team’s involvement of existing government dept. The training manual and hand book for police basically aims at addressing the following four object:

1. create knowledge and understanding among law enforcement on the issue of human trafficking so that they are aware of the


importance of working with multi disciplinary approach to resolve the problem.

2. train law enforcement on skills and techniques in working effectively and holistically including the judicial process, assistance and protection of victims.

3. cultivate the right attitude towards the trafficking among the law enforcement

link and create network of skilled

persons from multi disciplinary

professions

4.Includes those within govt and

NGS section aim at combating

trafficking.

* If you have prepared a slide/power point presentation or a paper – please add as annexure to report.

VII. Public hearing / fact finding In a separate annexure please write more detailed information on site visits, research, final report, media coverage.


Issue

Organisers / Co-organisers

Date(s) Role (participant/ resource person, testimony)

HRLN member(s) attending

Accounts settled: Y / N

VIII. Publication, Documentation, Research - printed this month

- Nature of publication: Poster, book, pamphlet/brochure, fact finding reports, others. - If there is any work ongoing for a publication – please write in more detail: Such as research, any special requirements you may have. A. Please mention clearly – The concept and target audience you envisage for the publication. B. Specific distribution/outreach plan for this publication. C. Please annex detailed printing and designing estimate. Nature of publication

Title

Language

Original / Translation

Quantity

Estimated budget – separate (Translation, DTP, printing…)

Book – size, number printed pages:

Poster - size

Date when document will be ready (printed)

Name of person in Publications Division you are in touch with.


Part B

I. Travel (outstation)

Sr. No. Name Dates Place Purpose Cost Amount borne by HRLN / by another organization.

II. Publications Distribution – Combat Law & HRLN books/posters/films (Please fill the publication annexure)

Combat Law copies sold: Combat Law subscriptions: Other publications/posters: Please record any special efforts made to co-ordinate distribution III. Visits to any of the following: Jail – men/women; Children’s homes / JJB; Colleges (law/social work) Sr. No. Institution (Name/s) Purpose Date(s) Outcome Follow up Main contact

there:

IV. Networking activities

Sr. No. Name of Institution Main Contact /Designation

Areas of work / Type of institution (Govt., NGO, ors)

Collaboration / petitioners

Nature of meeting/Outcome


PART C

Important news/information/changes Law / Court Watch – Any any positive/negative changes in legislation/courts that may have taken place in your state. Laws that may impact on the work we do. (200-250 words)

Is HRLN involved in/planning any action? (could be a meeting, discussion, case, documentation.)

Human Rights Monitor - Major issue(s) in your city/state this month. Could be any issue of concern/violation that the unit considers crucial – may have come to your notice through the media or through another organization. (200-250 words)

Is HRLN involved in/planning any action? (could be a meeting, discussion, case, documentation.)

Solidarity - Is your unit part of any collective action currently going on in the city/state. Eg. 16 days Activism - violence against women, observing any other special day or protest…

Is HRLN involved in/planning any action? (meeting, discussion, case, documentation)

Main HRLN contact


PART D

Specific requirements from Delhi office:

1. Nature of support required:

2. Status of any support requested earlier:

3. Any other significant matters

Next month’s update/Highlights of plans and priorities (Important events, specific responsibilities scheduled for next month)

Issues (topic) Date Organisers Costs (approximate)

HRLN contact

PIL

Meeting

Publication

Travel plans

Any other


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