Posts Tagged ‘Freedom of profession’

BHRPC hails Supreme Court order granting bail to Dr. Binayak Sen

April 17, 2011

The Supreme Court of India granted bail to Dr. Binayak Sen, an internationally recognised human rights defender on 15 April after a prolonged hearing. Dr. Sen was serving life sentence meted out to him on 24 December 2010 along with two others. Dr. Sen was charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He was also charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967. Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India urging them to release him and repeal these repressive laws.

BHRPC hails the order of the Supreme Court of India granting bail to Dr. Binayak Sen made on 15 April 2011 and reiterates (See earlier statement) its demands for a thorough and objective inquiry into the alleged conspiracy to falsely book Dr. Sen in order to intimidate other human rights defenders and to repress voice of dissent. BHRPC also urges the authorities in India to immediately release all other human rights defenders who are put behind bars unjustly.

BHRPC further welcomes the statement of Union Minister for Law and Justice that laws of sedition need to be revisited and urges the government to repeal/amend all repressive laws including the infamous Armed Forces (Special Power) Act, 1958. BHRPC expresses its solidarity with Irom Chanu Sharmila of Manipur who has been fasting for more than a decade demanding repeal of the AFSPA.

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Assault on human rights defenders in Hailakandi, Assam

April 3, 2011

Human Rights Defenders Mr Choudhury Charan Gorh and Mr Shyama Prasad Kurmi were subjected to physical assault on 30 June 2009 in Hailakandi, Assam. Mr Choudhury Charan Gorh is the secretary of NGO HELP, a grass-roots organisation which monitors corruption in the local self-government (the Panchayati Raj) and works for the practical realisation of rural development. Mr Shyama Prasad Kurmi is also a member of NGO HELP.

On 30 June 2009, NGO HELP convened a public meeting to discuss the scale of corruption in the implementation of rural development schemes by the local government in Assam, in conjunction with the Mazuri Shramik Union, a local labour organisation which raises awareness concerning the development schemes of the Union government of India and the State Government of Assam. At approximately 3.00 pm, a group of armed men, carrying daggers, sticks and swords, broke up the meeting and assaulted the attendees indiscriminately. Choudhury Charan Gorh and Shyama Prasad Kurmi sustained severe injuries and were admitted to hospital. The identity of the armed men who assaulted them is known to the human rights defenders; they are believed to be connected to the president of Aenakhal Gaon Panchayat, the village level unit of the institution of Pachayati Raj.

The organisers of the public meeting had previously informed the District Magistrate and Superintendent of Police of Hailakandi and Officer-in-Charge of Lala police station of the forthcoming meeting. They had also requested a police security presence for the meeting, fearing a potential disruption from those involved in corruption in local development schemes. No response to this security request was received. Following the attack, the organisers of the meeting filed a complaint with the Lala Police Station. As yet, no visible action has been taken by the police to investigate the case or bring the perpetrators to justice.

BHRPC informed Front Line regarding the incident with in turn issued an Urgent Appeal on 13 July 2009. BHRPC also wrote to the Prime Minsiter of India and Prime Ministers’s Office forwarded the complaint to the Chief Secretary of Assam for taking actions. But no actions were taken despite several reminders.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

False cases filed against HRDs

April 3, 2011

Sadique Mohammed Laskar, member of BHRPC, Shahidul Hoque Laskar, Secretary of Kishan Bikash Samity (KBS), a voluntary community organisation based at Banskandi in Cachar district and its other members were implicated in a false case, their houses were raided and local people of Banskandi were harassed in June 2008.

Kishan Bikash Samity works to expose corrupt officials using the Right to Information Act, 2005. On 4 June 2008 members of the public and students demonstrated front of the office of the Block Development Officer (BDO) of Banskandi to protest against corrupt practices of the officials regarding implementation of the Government welfare schemes exposed by the KBS. Police registered a false case against the demonstrators under section 143, 447, 341, 353, 383, 379 and 487 of the Indian Penal Code, 1860 vide Lakhipur Police Station Case No. 148/08 including 5 members of KBS and 30 other unidentified persons of the locality. Police started wholesale raiding and harassing of the local people. When Sadique Mohhamed Laskar on behalf BHRPC started documenting the rights violations of people during the raids, police threaten him and even raided his house, despite absence of his name in the First Information Report (FIR).

There was preparation to arrest Shahidul Hoque Laskar in order to prevent him to appear as a petitioner before the State Information Commission, Assam (SIC) in an appeal case against the BDO, Banskandi. Sahidul Haque Laskar applied for pre-arrest bail in the Gauhati High Court apprehending arrest though he was not named in the FIR. High Court granted him pre-arrest bail vide B A No. 2447 of 2008. The High Court accepted that the ground for apprehension of arrest is the date of hearing on 17 July 2008 before the SIC and mentioned in the bail order that bail should be granted so as he can appear before the SIC on that day.

The false case is still pending with the police. No report was submitted to the court. No investigation was conducted to unearth the conspiracy to harass and intimidate the HRDs and to bring the perpetrators to justice.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

Harassment and intimidation of BHRPC member by police

April 3, 2011

Waliullah Ahmed Laskar, member of the legal team of BHRPC was detained by Assam police on 4 December 2008 with a view to intimidate him. In the evening at approximately 8:00 pm, he was in an internet cafe in Guwahati when a group of armed police officers from Dispur Police Station, led by the Deputy Superintendent of Police (DSP), entered the café and approached him. The DSP demanded that Waliullah Ahmed Laskar show him what he was downloading, which he did. Waliullah Ahmed Laskar was then held in a police Jeep for 30 minutes while the DSP examined his computer. The DSP and police officers then searched Waliullah Ahmed Laskar´s room and confiscated all of his belongings pertaining to the BHRPC which included documents, his brief cases, laptop, USB flash drive and mobile phone.

Waliullah Ahmed Laskar was subsequently taken to Dispur Police Station where he was questioned by a team from the Subsidiary Investigating Bureau and the Intelligence Bureau until approximately 2:00am on 5 December 2008. Waliullah Ahmed Laskar was subsequently kept in detention while the police informed him that “experts” from outside of Assam were checking the items which had been confiscated. At 9:00 pm of the 5 December 2008 his items were returned to him and he was released without charge.

Prior to his arrest and interrogation Waliullah Ahmed Laskar had been assigned by the BHRPC to prepare a draft Project Proposal on ” The Right to Freedom from Torture and Violence: Compatibility of Indian Law and Practice with International Human Rights Standards (focusing on the North East Indian situation)”. As a member of BHRPC, he also participates in the ongoing policy making deliberations of the organization. For these reasons Waliullah Ahmed Laskar had been using the internet as his primary source of information concerning violence, torture, terrorism, counter terrorism, policing, human rights etc. The Dispur police allegedly informed Waliullah Ahmed Laskar that the basis of his interrogation was his research of information on these topics by internet.

BHRPC informed Front Line– the International Foundation for the Protection of Human Rights Defenders based Dublin about the incident. Front Line accordingly issued an Urgent Appeal on 10 December, 2008.

BHRPC also submitted a complaint to the National Human Rights Commission of India (NHRC) on 26 December, 2008 along with an Affidavit by Waliullah Ahmed Laskar. The NHRC registered a case as Case No.158/3/24/08-09/OC and transmitted the complaint to the Director General of Police, Assam on 15 January, 2009 asking him to dispose of the case.

The complaint was against the Assam Police and the NHRC transmitted it to the same Assam Police for disposal. Naturally they did not take any substantial actions. They submitted a report to the government and the NHRC absolving both Waliullah Ahmed Laskar and themselves without any proper enquiry trying to justify their actions on the ground of public welfare. No further actions were taken by either the government or the NHRC despite several reminder from the BHRPC. The case is still pending.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

Urgent Appeal: Journalists assaulted in Assam University

March 31, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 63/2011/UA/24/210 Dated: 31 March 2011

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued an Urgent Appeal concerning the incident of assault on journalists at the Assam University campus, Silchar allegedly for covering students’ protests and demonstrations. It is reported that the journalists sustained serious injuries and their cameras, laptops and other equipments were snatched away and destroyed.  Please take the suggested actions.

Yours sincerely

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

INDIA: Journalists assaulted in Assam University

March 31, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-071-2011

Please click here to take action

31 March 2011

——————————————————
INDIA: Journalists assaulted in Assam University

ISSUES: Freedom of opinion and expression; Assault; Witness Protection

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC) that a group of journalists were assaulted at the Assam University campus in Assam. It is alleged that the proctor of the university is behind the incident. The journalists claim that the security staff who attacked the journalists at the behest of the proctor, destroyed their laptops, camera and other equipments. The journalists were covering a protest and demonstration by the students claiming adequate sanitation, drinking water and other basic amenities within the university. One of the journalist who was injured had to be admitted at the Silchar Medical College and Hospital (SMCH) due to serious injuries he suffered in the incident. Four other journalists were treated at the primary health centre inside the university campus.

CASE NARRATIVE :

On 25 February 2011, the Proctor of the Assam University, Mr. Manabendra Dutta Choudhury, Dean of Students Welfare, Mr. Ramendra Bhattacharjee, and the university Security Guardsa attacked a group of journalists inside the university campus at Silchar.

A group of agitating students reportedly rescued the injured journalists, namely Mr. Samin Sen Deka of News Time Assam, Mr. Anath Bandhu Nandi of DY 365, Mr. Paplu Das and Mr. Anupam Mandal of Frontier TV News and Mr. Bibhuti Majumdar of NE TV. Among the injured scribes, Mr. Samin was sent to the Silchar Medical College and Hospital (SMCH) due to the serious nature of his injury and four others were treated at the primary health centre inside the university campus.

It is reported that the hostel inmates of the university were striking and resorted to a blockade at the main gate of the university campus demanding immediate uninterrupted water supply at the hostel. Mr. Ratan Das, General Secretary of Assam University Students’ Council alleged that the drinking water crisis at the hostel was acute for a long time including the scarcity of toilets. And students had been demanding for a permanent solution for this. But the university authorities have reportedly paid no attention to the students’ demands.

The journalists were covering the student agitation that ensued. At about noon the proctor of the university and the Dean of Social Welfare arrived in the campus while the scribes were reporting news using their laptops. The proctor started hurling abuse at the journalists and demanded them to stop sending the footages. The journalists tried to talk to the proctor but the proctor reportedly lost his temper and started assaulting them. The security guards accompanying the proctor and the Dean joined in assaulting the journalists thereby damaging their laptops, camera and other communication equipments.

One of the injured journalist, Mr. Anath Bandhu Nandi, alleges that Mr. Choudhury first kicked at a laptop and then the guards jumped on them. At the behest of the proctor and the Dean, the security guards kicked, punched and assaulted the journalists with sticks. Thereafter, they snatched laptops, cameras and other equipments and damaged them.

It is reported that the journalists have filed a complaint at Silchar Sadar Police Station, which is registered as Silchar PS Case No. 285/11. The accused Mr. Choudhury refused to make any comment regarding the assault while contacted for his version. Mr. Choudhury said “I am not authorised to say anything, let the scribes say whatever they wanted to”.

It is also reported that the university authorities subsequently prevented the distribution and reading of the Dainik Samayik Prasanga , a local daily, inside the university campus. Students and journalists claim that the conduct of the university authorities is, to say the least, authoritarian and undemocratic.

The students’ protest was reportedly peaceful and the demonstration for adequate sanitation, drinking water and other basic amenities not only reasonable, but the demand very urgent. The state government must take all necessary steps to guarantee the freedom of opinion and expression of the students and the journalists and also ensure their personal safety. The police must immediately record the statements of the victims and other witnesses in the incident without further delay, a legal requirement that they have not undertaken so far. Should there be any request from the victims for protection against further threat, the police must provide the same.

ADDITIONAL INFORMATION:

The information reveals a prima facie case of offences of ‘voluntarily causing grievous hurt’, ‘theft of equipments’ and ‘criminal intimidation’. This constitutes offenses under Sections 351, 378, 425, 503, 506 read with Sections 34 and 35 of the Indian Penal Code, 1860.

SUGGESTED ACTION:

Please write letters to the authorities listed below asking them to intervene in the case immediately.

The AHRC is also writing a separate letter to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression seeking an intervention in the case.

To support this appeal, please click here

SAMPLE LETTER:

Dear __________,

INDIA: The assault upon journalists by the Assam University staff must be investigated

Name of victim(s):

1. Mr. Samin Sen Deka, aged about 40 years, Silchar News Burea of News Time Assam residing at the Jail Road near Normal School, Silchar, Assam

2. Mr. Bibhuti Mazumdar of NE TV, Silchar Correspondent residing at Khatal Road, Silchar, Assam

3. Mr. Anath Bandhu Nandi, cameraman of Dy 365 resident of Radamadau Road, Silchar, Assam

4. Mr. Paplu Das, Silchar News Burea of Frontier TV News, a resident of Nikunja Bhavan, opposite Durgasankar Patsala, Ambicapatty, Silchar, Assam

5. Mr. Anupam Mandal, Cameraman of Frontier TV News, a resident of Nataji Sarani, Batartal, Meherpur, Silchar, Assam

Names of alleged perpetrators:

1. Mr. Manabendra Dutta Choudhury, Proctor, Assam University, Silchar, Dargakona, Cachar, Assam

2. Mr. Ramendra Bhattacharjee, Dean, Students’ Welfare, Assam University, Silchar, Dargakona, Cachar, Assam

3. Security guards of Assam University, Silchar, Dargakona, Cachar, Assam

Date of incident: 25 February 2011

Place of incident: Assam University Campus, Silchar, Assam state

I am writing to voice my concern regarding the assault upon journalists on 25 February 2011 in Assam state. This incident occurred at the Assam University campus in Silchar. It is reported that the Proctor of the university, Mr. Manabendra Dutta Choudhury, Dean of Students’ Welfare, Mr. Ramendra Bhattacharjee, and the university security guards are responsible for the incident.

I am informed that the students were staging peaceful protest and demonstration demanding adequate sanitary facilities, regular supply of drinking water and other basic amenities at the university premises. Mr. Ratan Das, General Secretary of the Assam University Students’ Council alleged that the drinking water crisis in the hostel is acute since a long time including the scarcity of toilets. And students had been demanding immediate uninterrupted water supply at the hostel for several months now.

The journalists were reporting news concerning the protest at the time they were attached. I am informed that at about half past noon the proctor of the University and the Dean of Social Welfare arrived at the campus while the scribes were reporting the news concerning the protest using their laptops and other communication equipments from the campus.

I am informed that the proctor started shouting abuse at the journalists and demanded them to stop reporting about the protest. The journalists reportedly tried to talk to the proctor but the proctor lost his temper and started assaulting them. The security guards accompanying the proctor and dean also joined the proctor in the assault. It is reported that they destroyed laptops, cameras and other communication equipments of the journalists.

I am informed that a group of agitating students rescued the injured journalists, namely Mr. Samin Sen Deka of News Time Assam, Mr. Anath Bandhu Nandi of DY 365, Mr. Paplu Das and Mr. Anupam Mandal of Frontier TV News

and Mr. Bibhuti Majumdar of NE TV. Amongst the injured scribes, Mr. Samin was sent to the Silchar Medical College and Hospital (SMCH) due to the serious nature of his injury and four others were treated at the primary health centre inside the university campus.

One of the injured journalists, Mr. Anath Bandhu Nandi, alleged that Mr. Choudhury first kicked at a laptop and then the guards jumped on them. At the behest of the proctor and the Dean, the security guards kicked, punched and beat the journalists with sticks. Thereafter, they snatched laptops and cameras and other equipments from the journalists and destroyed them.

It is reported that the journalists have filed a complaint at Silchar Sadar Police Station, which is registered as Silchar PS Case No. 285/11. I am informed that the accused Mr. Choudhury refused to make any comment regarding the assault of the media-persons while contacted for his version.

It is also reported that the university authorities did not allow the distribution and reading of the Dainik Samayik Prasanga, a local daily, inside the university campus since the incident. It seems that the university authorities are behaving as if they are law unto themselves. The students’ protest was reportedly peaceful and the demonstration for adequate sanitation, drinking water and other basic amenities are not only reasonable, but the demand very urgent. The state government must take all necessary steps to guarantee the freedom of opinion and expression of the students and the journalists and also ensure their personal safety. The police must immediately record the statements of the victims and other witnesses in the incident without further delay, a legal requirement that they have not undertaken so far. Should there be any request from the victims for protection against further threat, the police must provide the same.

I am informed that the incident amounts to crimes of various natures like ‘voluntarily causing grievous hurt’, ‘theft of equipments’ and ‘criminal intimidation’. This constitutes offenses under Sections 351, 378, 425, 503, 506 read with Sections 34 and 35 of the Indian Penal Code, 1860.

I therefore request you to intervene in this case to ensure the following:

1. The police must immediately record the statement of the victims;

2. The state government takes all necessary steps to guarantee the freedom of opinion and expression within the state and guarantee the personal safety of the journalists involved in the incident;

3. That the police investigate the case without any further delay;

4. The statements of other witnesses to the incident recorded by the police without any further delay.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO :

1. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

2. Ms. Ambika Soni
Minister of Information and Broadcasting
Room No 560, A Wing Shastri Bhawan
Dr Rajendra Prasad Road, New Delhi-110001
INDIA
Fax: +91 11 2379 5053
Email: mib.inb@gmail.com

3. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

4. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia )

Send an appeal letter now

See the Ungent Appeal at the AHRC website:

http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-071-2011

Release Dr. Binayak Sen, Protect HRDs and Repeal Repressive Laws

January 31, 2011

Press Statement

For immediate release

31 January, 2011, Silchar

Release Dr. Binayak Sen, Protect HRDs and Repeal Repressive Laws

Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India to express its shock and deep concern at the incarceration of Dr. Binayak Sen, an internationally recognized physician, health worker and human rights defender. He has been convicted on 24 December 2010 along with two others and has been sentenced to imprisonment for life. Dr. Sen has been charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He has also been charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967.

Reports show that the trial was unfair and failed to meet the standard of criminal jurisprudence and human rights norms. It is seen that documents have been fabricated by the police and false witnesses introduced. The judgment suggests that the judge has ignored evidence provided by the defence and has relied on hearsay evidence of the prosecution. Guilt of Dr. Sen has not been proved beyond reasonable doubt, which is a primary requirement for conviction.

BHRPC believes that Dr. Sen as been targeted maliciously for his peaceful and legitimate human rights works and criticism of the government policy that violates international human rights norms. His prosecution is malafide; in fact it is a persecution. He has been made an example of by the state as a warning to other human rights defenders not to expose human rights violations.

Dr. Sen, giving up great career opportunities, dedicated his life in providing health care to the poorest people in the remote villages in Chattishgarh without access to public medical care, where he founded a hospital and trained women to provide basic health care. He also served as an adviser to the state government’s public-health committee until May 2007, when he was arrested. As human rights defender holding the positions of national vice president and president of Chattishgarh Unit of the People’s Union for Civil Liberties (PUCL), a leading civil liberties organization in India, Dr. Sen documented numerous cases of gross human rights violations by the security forces and Salwa Judum, a private militia held to be sponsored by the Chattishgarh government in the name of fight against Maoists, an armed opposition group which also does not respect the rights of people.  Dr. Sen often raised his voice against the massacres of people by both the sides and appealed for dialogue and peace.

Human rights defenders like Dr. Sen provide services that should be provided by the government. They play a great role in upholding and fulfilling the constitutional mandates and establishment of the rule of law by documenting incidents of unlawful actions and atrocities of state agencies, offering legal advice and intervention and constructive criticisms of the wrong policies. They provide legitimate outlet for the grievances of the people. They are not the enemies but the friends of the state and people.

This has been recognised by the United Nations as well as by the government of India. The UN adopted a Declaration on Human Rights Defenders in 1998 that provides for the support and protection of human rights defenders in the context of their work. The Indian parliament passed the Protection of Human Rights Act in 1993 that recognises the role of HRDs and mandates the National Human Rights Commission to support non-governmental organisations in their human rights work. But in reality people like Dr. Binayak Sen are persecuted and prosecuted under the same laws that were used by the British colonial rulers against people like Mahatma Gandhi and Bal Gangadhar Tilak.

BHRPC believes that using repressive laws of colonial era against HRDs and innocent people and enacting new such laws empowering the law enforcement agencies to trample upon universally recognised human rights of the citizens is not the solution to the problem of unrest and insurgency. The rule of law, fundamental constitutional rights and universally recognised human rights must be upheld.

Many Indian laws meant to deal with insurgency and terrorism fall well short of the constitutional and human rights standards even keeping in consideration the derogation provided therein. Some of them have been struck down by the SC (for example, some provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1985), some of them have been modified and their imports narrowed down (for example, section 124A of the IPC) and in cases of some others the SC provided additional guidelines to save them from unconstitutionality (for example, the National Security Act, 1980, the Armed Forces (Special Power) Act, 1958 some special laws enacted by state legislatures including the Assam Disturbed Areas Act, 1955 etc.). The UN Human Rights Committee and other organs continue to recommend the Indian state to repeal or amend such laws in order to make them compatible with the international human rights standards. However, these laws are maliciously being used against HRDs increasingly in many states in India.

BHRPC understands and hopes that legal questions in the case of Dr. Sen will be addressed in the High Court and Supreme Court expeditiously. But there is no judicial avenues to undo the damage done particularly to the mental and physical health of Dr. Sen who is a 61 year old heart patient, his family and friends by putting him in this legal wrangle. Facing trial in India is itself a punishment and deterrent. Human rights works in India and country’s image in the world have been affected adversely by this trial. This unfair trial has also put the Indian judiciary and democracy on trial before the international community. Further damage must be stopped and it can be done by releasing Dr. Sen and providing him with adequate reparation and by bringing to book those who conspired to falsely implicate Dr. Sen, fabricated evidence, committed perjury and unduly influenced the judge.

BHRPC, therefore, urged the authorities to ensure that (1) Dr. Binayak Sen must be released immediately and his appeal must be disposed of as soon as possible;  (2) An independent inquiry must be instituted to find out those who conspired to falsely implicate Dr. Sen, fabricated evidence, committed perjury and unduly influenced the judge; (3) Dr. Sen and his family must be provided with adequate reparation; (4) Human rights defenders must be provided full protection and special professional privileges; (5) Repressive laws such as section 124A of the IPC, the Chattishgarh Special Public Safety Act, 2005, the Unlawful Activities (Prevention) Act, 1967, the Armed Forces (Special Power) Act, 1958, the Assam Disturbed Areas Act, 1955 etc. must be repealed or adequately amended and brought in conformity with the international human rights standards.


Neharul Ahmed Mazumder

Secretary General, BHRPC

Click here to download copy of the letter to Prime Minister

BHRPC hails Supreme Court order granting bail to Dr. Binayak Sen

The Supreme Court of India granted bail to Dr. Binayak Sen, an internationally recognised human rights defender on 15 April after a prolonged hearing. Dr. Sen was serving life sentence meted out to him on 24 December 2010 along with two others. Dr. Sen was charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He was also charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967. Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India urging them to release him and repeal these repressive laws.

BHRPC hails the order of the Supreme Court of India granting bail to Dr. Binayak Sen made on 15 April 2011 and reiterates (See earlier statement) its demands for a thorough and objective inquiry into the alleged conspiracy to falsely book Dr. Sen in order to intimidate other human rights defenders and to repress voice of dissent. BHRPC also urges the authorities in India to immediately release all other human rights defenders who are put behind bars unjustly.

BHRPC further welcomes the statement of Union Minister for Law and Justice that laws of sedition need to be revisited and urges the government to repeal/amend all repressive laws including the infamous Armed Forces (Special Power) Act, 1958. BHRPC expresses its solidarity with Irom Chanu Sharmila of Manipur who has been fasting for more than a decade demanding repeal of the AFSPA.