2012

13th May 2012, Lucknow

Organized

by

Human Rights Law Network

In association with

Coalition for Protection of

Human Rights Defenders

Khalra Centre for Human

Rights Defenders

Action Aid

State Level Discussion on Human

Rights Defenders Report

State Level

Discussion

on

Human Rights Defenders

Organized by

Human Rights Law Network

In association

With

Coalition for Protection of Human Rights Defenders

Khalra Centre for Human Rights Defenders

Action Aid

Compiled& Edited

By

Ms. Saswati Debnath, Ms. Amiy Shukla

Program Schedule

Date: Sunday, 13 May 2012

Time Topic Speakers

9.30– 9.45 Key-note address Mohd. Shoaib

Om Narain Mishra

9.45 –10.30 Student, Politics and Challenges of Social Change

Y.S. Lohit,

K.K. Roy

Harsh Dobhal

10.30 -11.30 Human Rights situation in Uttar Pradesh Vandana Mishra

Lenin Raghuvanshi

Sanjay Singh

Parvej Rizvi

11.30 -12.30 Threats to Human Rights defenders Himanshu Kumar

Rudra Prasad Mishra

Dharmendra Singh

Pancham Lal

Ravi Shekhar

12.30 -1.00 Assaults on the media Harsh Dobhal

Mahesh Sharma

Rajiv Yadav

1.00 -1.30 Role of lawyers in defending

Human Rights

Namrata Tiwari

Vijay Awasthi

Shams Vikas

1.30-2.30 Lunch

2.30-3.00 Assaults on RTI activists Saleem Baig

Shahnawaz

3.00-3.30 Assaults on religious minorities Mohd. Shoaib

Jamal Ahmad

3.30 – 4.00 Assaults on the trade unions Vishnu Shukla

Ramkumar

4.00-5.00 Role of students in defending the Human Rights

Javed Khan

Prashant Kumar

Smriti

Prashanti

5.00-5:30 Testimonials Mumtaz

Zishan

5.30-6.00 Defending the defenders: strategies and way forward

Open session

6:00 – 6.15 Vote of Thanks Tariq Adeeb/K.K.Roy

Concept Note

Today, defending human rights is at a critical stage as the defenders of the human rights are under a continuous attack by the state authorities. Defending human rights in the absence of the defenders is a task which is impossible to accomplish. At the state forum discussion on Human Rights Defenders, Human rights law network has portrayed its indisputable motive of bringing together all the Human Rights Defenders, activists,

lawyers and grass root level social workers under single roof to uphold the spirit of humanity, while raising the essence of human rights. An exclusive component to achieve the dream of building a right full society is to achieve cognizance between the action and the noble thoughts in all the defenders of Human Rights.

Introduction

The meeting was held at the prestigious Lucknow University. On 13th May 2012, with eminent human rights activists and experts sharing their ideas on improvement of the human rights network for defending the defenders. The meeting consisted of several sessions dealing with an introduction on the situation of Human Rights in Uttar Pradesh, followed by a

discussion on the threats to Human Rights defenders, assaults on the media, role of the lawyers in defending the defenders, assaults on RTI activists, assaults on the trade unions, role of students in defending the human rights. The meeting was concluded by few testimonials, and strategizing of the plan for strengthening the network of defense for the Defenders.

Keynote address

Mr. K.K. Roy, Director, Human Rights Law Network, U

Mr. Roy facilitated the meeting by briefing all those present on the concept and the purpose of the meeting. He threw light on the status of human rights in Uttar Pradesh and emphasized on the importance of the defenders in bringing a positive change in the society.

Before giving it a head start, he discussed the plight of the human rights defenders in India and the aims and objectives to transform the situation, where the defenders could heroically guard against any violations or injustice taking place in any part of India.

Mr. Harsh Dobhal, Director, Human Rights Law Network

Mr. Dobhal then came forward and addressed the forum with few incidences where the Human Rights activists had faced adversities by taking a stand against the injustice. He started by sharing the incidence of Ms. Kavita Srivastava, PUCL Secretary, where Kavita and her family were harassed because they were protesting against the injustice perpetrated by the police officials. He also mentioned the atrocious phase through which Mr. Himnashu Kumar had to undergo in Dantewada while protesting for tribal rights. He further said that “now we have reached a level where there is a need to protect the people who are defending Human Rights”. Mr. Dobhal then threw light on the pitiable plight of 15,000 Kashmiri women who are still awaiting their husband‟s return, who according to the law come under „Missing persons‟. It is disappointing that, legally the „missing persons‟ are declared to have disappeared long ago, but, still no law has been made to protect the needs of the missing person‟s family. He further mentioned about the adverse affects of the draconian laws such as POTA (Prevention of Terrorism Act, 2002), TADA (Terrorists and Disruptive Activities, Prevention Act, 1987), and PSA (Public Safety Act) etc. He was disappointed by the fact that the laws which are made to protect the people are utilized by the authorities in such a way that it adversely affects the life of civilians. He mentioned the incapacity of National Human Rights Commission in handling the cases of human rights violations and concluded his talk by encouraging all the lawyers and the activists to come together and to create a strong network of Human Rights Defenders.

Mr. O. M. Narain Misrha, Dean, Law Faculty, Lucknow University

Mr. Mishra initiated his speech by saying “life is a state of consciousness, and this starts right from the time when the baby is in the mother‟s womb, and is there till life ends”. He emphasized, that when we talk about human rights, it means that we are talking about human beings leading a life with dignity.

Even in ancient times human rights existed in the form of natural rights. Since ages the upper class/castes has remained to be the most dominant and the lower class/castes has been subjected to suppression and oppression, as he said “if we all see ourselves as human beings regardless of socio-economic backgrounds, then this problem of social suppression will not even exist”. He further emphasized on the inclusion of Human Rights education in the academics. He concluded by commemorating the gathering by saying that …we being, human rights lawyers, have a huge responsibility towards our people to safeguard their rights legally

Mr. Himanshu Kumar, Social Activist

Mr. Himanshu brought into light the dilemma faced by the tribals, particularly those living in the forests of Chhattisgarh. He very correctly pointed out that ever since India gained independence, there has been a struggle to fight for tribal rights which includes their right to land, right to food and most importantly the right to life. He also pointed out that how the human rights activists are targeted and harassed when they try to voice against injustice perpetrated by the authorities. He further emphasized that today everything is politicized and whenever someone tries to voice against the injustice they are tagged by the government as terrorists or Maoists which legitimizes the inhumane torture perpetrated by the government authorities. On saying so, he narrated his own experience of Chhattisgarh, where Mr. Himanshu had to bear the wrath of police authorities for serving the tribals and fighting for tribal rights. He further stressed upon this issue by saying that how do you address a nation which allegedly uses its own security forces against its own civilians in the name of national security. He also threw light on the audacity with which the police, paramilitary and even special police forces work in the tribal areas of Chhattisgarh.

He addressed the gathering by saying that it is the time to act against injustice, fearlessly, and it is our duty to save all the voices that rise against injustice. For this we have to strategize our actions, plan the next step after analyzing the previous. He said we have to use the judiciary to rage a legal war of justice, for this we have to identify the warriors of justice and built up a socio-legal network for the seekers of justice, who seek to preserve human rights.

Mr. Pancham Lal, Ex-Registrar, Allahabad High Court

Mr. Lal expressed his concern on the issue of frequent attacks confronted by the human rights Defenders. As a social worker, he said, today human rights is at severe risk, and it‟s a serious issue, for this we have to be aware of the human rights situations around us. He further emphasized on the fact that the government has always been dealing with violent situations with violent reaction, instead of a peaceful and strategic way of dealing with the situation. This could have been possible if the government would have taken steps to find the root causes of such mass revolt against government. Further, he stated that, if the government shows concern for its people, the people will never rise against the government. It is only in cases where they are unheard and ignored that they resort to violence as the only way through which they can be heard.

Saying this, he suggested few points of action that is involving the youth, sensitizing and educating the students on human rights, and motivating them to stand against injustice regardless of the shape or size of the injustice. Awareness programs/campaigns against injustice should be held frequently at community level/local levels. People should be enlightened to promote and protect Human Rights.

He further said any one can be a Human Rights defender, anyone who is aware of the social inhumane structure and who has got the courage to stand against the violations of rights can be a protector of rights. Preparing new human rights activist is another task that we should take up. He concluded by addressing the gathering by saying “never give up the fight against injustice”.

Ms. Vandana Mishra, PUCL President, UP

Ms. Mishra expressed her concern over the accountability aspect of the system. She stressed upon the importance of media in the fight against injustice. She focused on the fact that Human rights defenders should be well protected through the network of lawyers and activists. As a long term goal we have to identify people who are persistent and patient towards their aim and can build a strong network. Human rights education should be taken seriously and the “protection of human rights” should be taken as a career. Disseminating information on human rights is important. This can be in any form, case studies, testimonies etc.

Mr. Jamal Ahmed, Human Rights Lawyer

Mr. Jamal addressed the forum by saying, state operation on human rights when initiated, needs to be protected. In Lucknow, Mr. Shoaib (lawyer) was attacked and subsequently a petition was filed for the same. But the Judge didn‟t acknowledge the sensitivity of the case and mocked the situation, thereby rejecting the plea and awarding no protection.

Hence there is an enormous problem with the outlook and values that are present in the system, which do not value human rights. Immediate need to change the whole set of degraded ideas, pertaining to the system is required. This can be achieved through; raising the voice and making use of the mass communication mediums like newspaper, internet etc and Human Rights Defenders should get together and raise their voice against injustices.

Mr. Vijay Awasthi, Rights Activist

Mr. Parvej Rizvi, Human Rights Activist

Mr. Awasthi addressed the masses with his words of wisdom “we should not run away from our responsibility of Protection of Human rights”. There have been girls, women, who have been made victims and preys. They are harassed and tortured. It is necessary to learn from our past, gather the experience and make use of our knowledge to solve and fight such circumstances.

He then narrated the story of Harilal, Harilal and his wife Shruti was poor. Harilal had worked in NREGA (National Rural Employment Guarantee Act). On August 15, 2010, as the nation was celebrating, independence day, he was forcefully taken out of his house and shot dead by someone. The group of killers told her that, whoever was working with her husband, they are all caught in their own web. She had cried for help and ran. Now she is alone in this cruel world. The only mistake her husband did was, he voiced against corruption at NREGA.

Mr. Parvej witnessed that how people who voice against Human Rights violation are crushed and smashed. For the upper class people the lower, working class is nothing but, a tool in the hands of upper class. They are the ones who are looted and harassed, if they try to raise their voice against the injustice. In case of Harilal, Mr. Parvej said that we had warned him, that he shouldn‟t be so hot headed and courageous, „cause these people have killed many like him. I was scared, but HRLN supported us. I was accused of contempt of court whenever I took Human Rights Commission report. Hence something needs to be done to stop the nonsense that has been taking place in the system. He further expressed his concern by saying, initiatives are taken but, then there is no follow up. Hence things vanish and disappear in the midst. Thus, I would recommend a strong follow up and consistency in the initiative.

Mr. Vishnu Shukla, Labor Rights Lawyer, UP

Mr. Lenin Raghuvanshi, Human Rights Activist

Mr. Shukla said, today we have all gathered for the protection of Human Rights defenders so that, 90% of the people present are informed, that how they can be saved. The body of intellectuals and students are there to provide their suggestions. Bhagat Singh wrote at the age of 23, that people need to get together to fight injustice and to claim their right to independence. Hence, we should apply that thinking and courage and power, to get together and fight for the validation of the Human Rights. There is a whole system to blame the common dwellers for any mishap, this needs to change.

Mr Vishnu quoted Dr. Ambedkar with respect to the Human Rights Education “– shikshit ho sandhshiti ho, sangharsh karo”. Human Rights education needs to penetrate the nook and corner of this country for a better future.

Mr. Raghuvanshi opened by mentioning the Human Rights Declaration. Human Rights Declaration took place in 1947 for development. For the protection and upliftment of human rights, Human Rights Defenders and Democracy needs to work together.

Human Rights violators work through -muscle power, money Power, network and coordination, the constables to the top DIG of the city is in their clutches. As a counter force, 1) Networking should be made effective so that one defender can stand in for another defenders need. There should be no contradictions among the people in the network. 2) Patience is very important and needs to be the core value of the Human Rights defenders. 3) Mobilizing masses through awareness, will create pressure, eventually things will start working out. 4) If people in power participate in the movement, then it will give an edge and vibrancy and certain direction and hope to the movement. 5) Legal network needs to be established such as HRLN, so that inhuman acts that occur even in the remotest area of the country get reported 6) Testimonies, reports and campaigns needs to be established so that it creates widespread awareness.

Mr. Najeeb Hasan, Minority Rights Activist

Mr. Sanjay Singh, Social Activist

Mr. Hasan addressed the conference by invoking the fact, women‟s right is very important and touched upon the important issue of „honor killing‟. He further spoke on Saharanpur case, where the officer got suspended for making a derogatory comment against Ishrat (low-caste boy, who got married to an upper caste girl). The whole instance, points to the fact, even after entering the phase of globalization and modernization, people still work with the conservative, patriarchal mindset, thus taking recourse to many acts that result in human rights violation such as honor killings.

Mr. Sanjay addressed the conference, by emphasizing the need to take the act of human rights violations seriously. The whole concept of human rights is sensitive. He narrated his personal experience , he said, prior to 12th December 2009 he was not much aware, he used to think it‟s easy to fight, coordinate and voice against injustice, but, later when his father died „cause he voiced against corruption, on December of 2009, things changed. He hesitates to help. He stressed upon the need to bring out some more stronger laws „cause our strength has reduced, if one wants to raise the voice, then those voices are throttled and made silent forever. Honest and courageous efforts have to be made like villagers. The way villagers run their households and protect an honest person. None of the NGO‟s has the power to call over 5000 people for a rally. It is important to take into consideration that the defenders household financial position and the bread earner„s wellbeing is protected. A strong network needs to be established to protect the people.

Second Half

Mr. Massiuddin, Human Rights Activists & Peoples Union for Civil Liberties (PUCL), Azamgarh

The second half of the meeting started with a melodious revolutionary song by Mr. Himanshu Kumar, which gave the meeting a vibrant and active start. The song conveyed that we should start a struggle against injustice, so that life is never submerged under tears and disappointments.

Mr. Massiuddin reflected on the plight of the tribals, the atrocities and the harassments confronted by them. He emphasized on the fact that the tribals were often arrested and tortured by the police on the grounds of suspicion of being Maoists and that has turned their life into misery.

Mr. Tariq Adeeb, Human Rights Advocate, HRLN

Mr. Shahnawaz Alam, Human Rights Activists & Organizing Secretary PUCL, UP

Mr. Adeeb emphasized on the role of media and how media can enhance or deteriorate the fight in defense of human rights. More often media plays a crucial role in creating a negative picture/image of certain groups, who voice against injustice. In such cases weak defenders of human rights gets stigmatized and harassed by the police.

Also, he expressed his concern over the sensitivity of the media and the effects produced by it. He mentioned that we can utilize media as a tool to reach common masses and helps strengthen the fight against injustice.

Mr. Alam expressed his concern over the incidents of frequent attacks on the human rights defenders. He is worried about the fact that in many instances the State Government is attacking the human rights defenders. He expressed the need to filter the most determined and dedicated Human rights activists so as to sustain the fight against injustice.

Ms. Saheen Begum, Social Worker

Mr. Rajiv Yadav, Human Rights Activists, Organizing Secretary, PUCL, UP

Ms. Saheen expressed her concern on the fact that nowadays people are scared of voicing up injustice. It is important to voice against the violations perpetrated on the adivasis (tribals) that occurred in the form of snatching away of their lands in the name of development.

She further stated that it is time to claim our rights and to use the judiciary to achieve permanent, positive legal transformation. She again reinforced Mr. Saheen, point of filtering the human rights activists in strengthening the defender‟s network.

Mr. Rajiv expressed his concern over the fact that judiciary does not support the protection of terror suspects, especially when the activists are busy voicing against injustice. Further he emphasized on the pitiable conditions of the terror suspects, who are just abandoned by the judiciary and even their right to free trial is suspended and are declared as terrorist even before they are proven to be terrorists by the Law. Saying so, he stated that it is important that judiciary should have some mechanism where a free trial can take place impartially and legally.

Mr. Ravi Sekhar, Human Rights Activist, UP

Mr. Sekhar expressed his concern on various internationally funded projects carried out in the areas inhabited by the adivasis. The funders are the World Bank and the Asian Development Bank. These projects are carried out by the World Bank and Asian Development Bank in the name of human development, but they come with some injurious consequences. The strict monitoring mechanism, under which the Indian authority works with the funds, has to meet certain deadlines. However most of the time these deadlines remain unmet and to avoid any penalization, the authority puts poor laborers to work in the disaster prone locations and to make things worse, cameras are set up in these locations, to shoot those workers and present it in form of accidents at work sight and in this way they justify their delay in the job.

Saying this, Mr. Sekhar expressed his grief on how human beings manipulate other beings to meet their selfish needs, even if, it is at the cost of others life.

He further expressed his concern on another case, where the young people are randomly picked up by the police officials and are detained and are charged as terror suspects, just because the police is ordered by their higher officials to arrests few terrorists and the innocent youth falls as prey to such mishaps. Further he said that in the cities many legal measures are taken to fight against the injustice, but in the interior parts of India, such as Singhroli, Amupur, injustice remains unseen and unheard, so atleast the fact-finding teams should be send to gather the instances of injustice occurring in these areas, and subsequently legal action should be taken against the defaulters.

Mr. Y.S. Lohit, Human Rights Activist

Mr. Shams Vikas, Advocate, UP

Mr. Lohit addressed the forum by saying that I am connected with an association of lawyers, judges, and students; it does not judge people and cases blindly or makes generalization. As Indians we claim to be the largest democracy and our Constitution speaks of an independent Judiciary, which doesn‟t limit itself. But, Political Philosophies have altered, person who decides the value of the provided, is claimed to be the ruler.

Mr. Vikas expressed his concern over the role of the lawyers. According to him, the limited role of the lawyer has proven to be of disadvantage and has been an obstacle in the path of providing justice to people.

Mr. Mohd. Shoaib, Human Rights Lawyer

Mr. Rudra Prakash, Human Rights Activist, Chitrakut

Mr. Mohd Shoaib focused upon the need to create a strong network among our colleagues, which could only be possible by applying confidence building measures. Also, he mentioned one incidence that took place on 12th and 13th of August, where he was attacked and was severely injured. He had lodged an FIR but no action was taken by the Judiciary over the matter against the violators of the human rights. He expressed his concern over the fact, that if an organ of the government cannot ensure, restoration and protection of human rights, it shall not claim to be an institution for same. Since the structure of the state cannot be altered, there is a serious need to keep a check on the organs of the government, so that a System of balance is maintained.

According to Mr. Rudra Prakash, Justice isn‟t guaranteed by the Judiciary, and this is because, technically, judiciary provides only judgments and those judgments may not be justified all the time. But, one also cannot ignore the intrinsic relationship of justice and the legal verdicts given by the judges.

Mr. Saleem Baig, Human Rights Activist

Mr. Mahesh Sharma, Human Rights Activist

Mr. Baig started by saying that in the year 2000 an Imam was charged under the act of POTA. Lawyers had refused to take his case and did not oblige to their duty. HRLN came to the rescue of the Imam and fought his case. As a result, in 2003, CBI investigated Mr. Baig‟s house and office. The whole nexus of people in power are against human rights activists. Judges have lost their credibility and autonomy; they are nothing but puny puppets in the hands of politicians. The line of separation between the judiciary and the executive has vanished and the balance of power has become misbalanced.

Mr. Sharma focused on the need to stay persistent on the issue of eradication of injustice, and not to deviate. He also expressed that the support from the media is important and indispensible. Media highlights the issue of Human rights, thus directs the attention of the masses towards it and spreads awareness regarding the same. Hence, helping to create a mass base for support is important.

Mr. Anshu Mali Sharma, Child Rights Activist, UP

Ms. Ankita, Dalit Rights Activist, Azamgarh

Mr. Anshu started by saying that child rights and its abuse forms an initial part of human rights violations. The old saying of “Prevention is better than cure” needs to be followed in the case of child rights. A secure environment should be created for the children which is the responsibility of youth. In case of violation of the rights of the children, one of the reasons is the lack of a role model, hence they should be their own role models. A strong network is also required for the protection of child rights and integrity between sayings and actions taken, is important to stop prolonged injustice.

Ms. Ankita specializes in the sphere of Dalit rights. In over 20 villages, women and children were harassed just because they were Dalits. Also many dalit students weren‟t given admissions hence HRLN fought their case. As all the acts mentioned above violate right to equality. In Sultanpur district, women were mentally tortured and harassed. To better the situation it is very important to pressurize the authority to atleast provide the dalits with the four basic rights, that is rights to food, education, and respect and treated with dignity.

Mr. K. K. Roy

Mr. Roy emphasized on the role of the Human Rights defenders and that their protection is indispensable and their security is important. Also the judiciary cannot be ignored. There have been cases where human rights issues are dealt with sensitivity. Also the judges are of the nature, who would like to stay away from these controversial issues and deny justice. According to Mr. Roy continuous efforts have to be made in the pursuit of justice, one cannot leave this aim in the midst, „cause of repeated failures. He further emphasized that Human Rights Defender‟s are not a separate group of intellectuals. They are a small group of people, but the concept is universal and hence they want to help every person possible.

Action Plan

Immediate action should be taken to create a network of lawyers and human rights activists. The network should be effective enough so that one defender is able to defend the other defender who has been targeted and harassed. There should be consistency of thoughts and actions among the people in the network. Patience needs to be the core value of the Human Rights defenders.

Mobilizing masses through awareness creates pressure and eventually things start working out.

Involvement of judges and young lawyers in this network and their participation in the human rights movement will give an edge and vibrancy and certain direction and hope to the movement.

Legal network needs to be established .HRLN is one such network and is planning to set up legal aids networks at state level as well district levels. This will help in eradicating of inhuman

activities that occur in the remote areas of the country and help them get reported.

Testimonies, reports and campaigns need to be established so that it creates widespread awareness. Also, fact-finding team needs to visit the site of violations and collect data and take the case to the court.

Using mass communication mediums like newspaper, internet etc human rights defenders should get together and raise their voice against injustices. In case where the information of the violation is transmitted through the medium of newspaper or any other mass media device, human rights defenders should reach the site for further investigation.

Law clinics should be opened to educate people and also to involve the youth and educate them regarding the urgent requirement of lawyers who are human rights defenders.

Conclusion

The concluding session of the forum on Defending Human Rights Defenders framed an important set of strategies and action plan. It is necessary to implement the laws .the discussion ensured a step ahead in achieving justice for the victims and vulnerable people. The question of implementing the provisions of human rights were

raised several times, it has been ensured that in Uttar Pradesh and many such states in India, where violators are more powerful than defenders, the legal aid network will be established as soon as possible so that anyone and everyone can join the war against injustice, valiantly.