A surviving victim of torture

A surviving victim of torture who is living with a bullet locked inside the bones of his right thigh and had a miraculous escape from  multiple torture and organised violence by by the State  and Non- State actors, the victim was first shot at the leg by some armed persons and sympathisers of a well known armed group in the year 1993 for confronting them in some minor local  issue, he underwent 3 surgeries but due to medical negligence he lost his ability to walk and had to depend on a crutches.  He still carries the gun bullet inside his right thigh which was unable to remove it by the Doctors who had operated on him. He was again tortured in the recent years by the  STATE ARMED FORCES  severely and beaten black and blue that he could not eat and attend natural call on his own and remained bed ridden for about one and half month. 

Lamphel Yaipha Leikai Forced Eviction Victims

Misusing the Law and Failure of Justice —A Case of Lamphel Yaipha Leikai Eviction —

The Government has successfully executed eviction policies at Lamphel Yaipha Leikai. It appears that in the absence of legal interventions to such arbitrary and illegal eviction moves, the Government has misconceived that all its policies can be executed without any question of justifiability and reasonableness.

Eviction order in Eviction Case No. 3 of 2011 was issued by the Sub-Divisional Officer, Lamphel, Imphal West on 3rd June, 2011 following instructions from DC Imphal West under the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 read with the Government of Manipur Secretariat, Local Self Government Department Notification No. 11/3/78 – LSP (UP) dated 31/03/1981 wherein the unauthorised occupants of Lamphel Yaipha Leikai were directed to vacate latest by evening of 5th June, 2011 failing which eviction will be carried out against the unauthorised occupants without further notice.

Some provisions of the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 (MPPA, 1978) can be taken into account. Section 3 (ii) of the MPPA 1978 provides that satisfactory upon making an inquiry that the area under occupation is unauthorised occupation an eviction order can be made within three days from the date of such proclamation. In the instant case, while the eviction order was formally issued on 3rd June, 2011 the same was not delivered or served upon till morning of 5th June, 2011 which was the last day of vacating the premises. This is insensible and non-sense. The MPP law has been flagrantly violated by the enforcing authorities of the eviction order. The fundamental judicial question herein is that even if the 17 or more families have been occupying the area illegally, they cannot be vacated illegally. This is a core principle of justice which cannot be subdued by any human norm or it is a peremptory norm of jus cogens. The illegality of enforcing the eviction order is manifestly seen in the manner the eviction order was served and executed. The time given to vacate living premises is 12 hours time only. How can living premises be vacated in night time? This is ridiculous on the part of the administration. Why was there a delay in serving the notice to the inhabitants of the area? Why the order was not delivered on the same day it was issued i.e. on 3rd June, 2011 itself? Was the delay deliberate on the part of the issuing authority? How can you say that I have an order for eviction so vacate the area within 12 hours or force would be used to enforce the orders? The people are whatsoever the reasons of their residing in that area, also bonafide citizens of Manipur as the SDO, Lamphel, Works Minister and other Police officers are. They are also human beings and not animals. To vacate a living area within a 12 hours time is extremely arbitrary and nonsense. Would the SDO vacate his/her living premises within 12 hours time by an order of the Government? Where has the rationality of the mind disappeared? When high ranking public officials disrespect defenceless people who are lowly situated, what sense is inculcated in the minds of the common people? Show of power and authority or threat to subdue! What is the “public” in the Public Officer and Public Policy?

The notion of providing notice does not necessarily mean merely serving it for name sake only. Notice is provided so that sufficient time is given to the party who is affected or going to be affected to enable him/her to defend properly. Notice given without sufficient time to defend is not notice but it is dictating intimidation that if you fail to do as directed upon action befalls you. This is something alien to the administrative jurisprudence of providing notice. The whole eviction procedure is devoid of any justiceship. The men of Justice in the Judiciary have failed to underscore this stark reality. The position of natural justice in administrative action is thus illustrated by one case among others. The Supreme Court in Sangram Singh versus Election Tribunal, Kotah (AIR 1995 SCC 425, 429, (1995) SCJ 431) stated “….our laws of procedure are grounded on a principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect the lives and property should not continue in their absence and that they should not be precluded from participating in them”.

That the principles of natural justice in the instant case have been violated is crystal clear from the facts and circumstances leading finally to the eviction. The consequences that were meted out to the inhabitants of Lamphel Yaipha Leikai are shocking to the human heart and conscience. Families who have been forcefully evicted have to face innumerable challenges. They have found nowhere to relocate themselves in a better and safer place than the adjoining areas surrounded by overflowing water at Lamphel Yaipha Leikai. Right to life does not mean mere animal existence. The Supreme Court in Shantisar Builders versus Narayanan Khimalal Totame (AIR 1990 SC 630) stated that right to life includes right to food, clothing, decent environment and reasonable accommodation to live in. What differentiates animal and human needs is that for animal it is the bare protection of the body while for a human being it has to be suitable accommodation which allows him/her to grow in all aspects – physical, mental and intellectual. It means existence with humane conditions. The families at Lamphel Yaipha Leikai are living in an extremely inhumane condition. Given the unhygienic living conditions, right to health which is a necessary concomitant of the right to life is seriously threatened. These core rights of life of the families have been illegally deprived by the recent unauthorised and arbitrary eviction drive.

Water overflows their area of forced residence or refuge. Children at tender ages have to do homework and prepare for examination which was started just 10 days after the eviction drama. The eviction drive has seriously violated the Right to Education Act, 2009. The Right to Education Protection Authority, Manipur (REPA) in the absence of the Manipur State Commission for Protection of Child Rights has sufficient grounds to intervene and ensure that by providing appropriate arrangement education of the children in the evicted area continues unaffected. The REPA has serious and clear statutory obligations to ensure that children between the age group of 6 to 14 years (Class I to VIII) enjoy education in the State without any kind of discrimination. What sort of psychological and physical consequences would have confronted to the young minds by the eviction drama should be best explained by the SDO, Lamphel and Works Minister, among others who were behind the eviction drama. Examination during displacement by our own Government is one such experience that would be shared by these children when they grow up. The survival question in the area hangs like death knell.

What the Public Health and Engineering Department, Manipur is doing till now is not understandable. Putting up for living in an area surrounded by overflowing water and bio-masses possess many challenges. The PHED should have distributed materials for safe living conditions. There are only 17 families as pointed out by the SDO, Lamphel in the eviction order. As such rehabilitation for 17 families is not a big problem. Rehabilitation and providing alternative hygienic humanly living conditions is a bounden obligation of the Government given the conditions under which these families are str-uggling for survival after they were forcefully evicted.

The judiciary has failed to intervene in the clear case of administrative miscarriage of justice. Newspapers have already carried out the arbitrary and unauthorised actions of the Government. That is sufficient to take cognizance and intervene in the clear case of the error in law and executive action. The judicial insensitivity has undermined the Constitutional mandate. The veins of the judiciary needs to be injected with fresh creative bloods to activate judicial interventions in clear cases of administrative misusing law, shattering rule of law and violating basic rights of the common defenseless man. The failure of the men of Justice to uphold rule of law and constitutionalism in the face of arbitrary and whimsical Government actions has negated the relevance of the institution of Judiciary.

Irom Sharmila completes 10 years of hunger strike demanding the repeal of the AFSPA

Sharmila stands for humanity: Rights activists

2010-11-04 / 03:53:54

By Hueiyen News Service

Imphal, November 03: Human right activists from various parts of the country attending a seminar held at the banquet hall of Hotel Classic, North AOC today discoursed on the demand for removal of Armed Forces Special Power Act, 1958 terming it as a “terror act”.

They also termed Sharmila’s lone 10-year of fasting as a “spiritual challenge’ against terror acts while acknowledging her unique struggle. Rajya Sabha MP and former Chief Minister, Rishang Keishing presided the opening function of the seminar in which Prof Dr Bimol Akoijam of Jawaharlal Nehru University delivered the key note address.

Rishang Keishing, in his speech as president, stressed on the need for a united struggle for rights, at the seminar held at the banquet hall of Hotel Classic, North AOC today as a part of a five-day Festival of Hope, Justice and Peace.

Rishang said that Sharmila is fighting against AFSPA for the cause of the people reminding that people of this land are confronting with difficulties of different forms being a backward state. In this situation, there is the need of building up a united strength for protecting our rights. He also expressed concern over the increasing number of underground groups in this tiny state of Manipur.

The pre-lunch session of the seminar was moderated by former chairman of the Manipur Human Rights Commission Justice (retired) WA Sishak. Advocate Khaidem Mani, Human Right Alerts’ director, Bablu Loitangbam, former MHRC member Yambem Laba talked as resource persons.

Kaka D Irallu, noted human rights activist from Nagaland recalled the life of the people of his state at the initial stage of the enactment of the Armed Forces (Special) Powers Act.

Recalling the ordeal of his early life under AFSPA , he said that he was among the victims of the act in his early as a 12-year old. “My parents were tortured repeatedly  by the security forces in the name of counter insurgency. I hid with my parents in the jungle unable to bear the atrocities. I was in jail at the age of 12 where my parents were also lodged.”

People of Nagaland were the first victims of the draconian law which gives extra power to the security forces. Thousands of villagers from hundreds of villages were victims when “India first imposed the act in my state”.

While saluting Sharmila for her undeterred struggle for removal of the draconian act, he said “I salute Sharmila. She is not struggling for Manipur only but also for the whole North East people….. and of course for humanity.” Her struggle is unique in the globe. There is none in this world who has fasted for 10-years for justice and peace of the people.

The Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958 by the Parliament of India. It conferred special powers upon armed forces in what the language of the act calls "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.

It was enacted to curb rebels in Nagaland demanding sovereignty of the Naga people. It was later extended to Jammu and Kashmir as the The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

Irallu said that Nagas are trying to defend their independence while India is imposing their independence. This is what the conflict is going on in the state.

He also said that he wrote a book on his experience under AFSPA recollecting the ordeal of his life under the atrocities meted out by the security forces under the act and tried to publish it in New Delhi.

But no publishers were ready to publish the book. Later, “with my own effort, it was published in Assam,” he recalled.
Saying that the act is still a problem in the North Eastern region, he made an appeal to the people of the region not to remain silent but to join hands together and fight for justice and peace of the people.

Bablu Loitongbam, human right activist asserted that none of the prominent leaders of India was ever targeted by the insurgents in the North East. He reminded that Prime Minister, Rajiv Gandhi was assassinated in Tamil Nadu and many top leaders of the Centre were killed in Punjab. “But no such terror act (AFSPA) was imposed in these states.

Top Army officers have always said “We should not be use force on to our own people”, Bablu recalled and asked if this “our own people” ended at West Bengal. Are not the NE people their people, he asked.

Sharmila’s struggle is not a normal fight for justice for the down trodden people but a spiritual challenge. India government should not that even the UN Human Right Commission has condemned the act, he observed.

The seminar on AFSPA was held at the Banquet Hall of Classic Hotel, Imphal. In the morning session many resource persons talked on “Illegitimacy of the AFSPA: From the Supreme Court to the Jeevan Reddy Committee Enabling Laws and Practices: Institutional and Normative Implications.”

The afternoon session was mainly concentrated on “Repressive or Progressive?: Reflections of 1997 Supreme Court Judgment, Jeevan Reddy Committee: Report Reflections on Government of India’s response, AFSPA and Criminal Jurisprudence: Reflections on Principles & Practices, Implications on Institutions: Reflections on practices & implications for Justice.

Open letter to Prime Minister of India and Member of Parliament in India on AFSPA

Greetings from PVCHR and Wide Angel.

Sir, we are happy to know that the Government of India is considering amendments to the Armed Forces Special Powers Act (AFSPA). The media reports about your active engagement with the main  opposition party for consensus building in this regard. We consider it as a positive development.

The Government of India in response to the face an extra ordinary situation placed the entire state of Manipur under the Armed Forces Special Powers Act 1958, (AFSPA) way back in 1980. At present, according to security analysts, there are around 44 underground groups operating across the state representing different religious and cultural identities. The civilian security personnel ratio according to a 2009 report is 40: 1, an indicator of a state in emergency. The security responses to the political crisis were unwarranted. Such measures have never worked in any part of the world. Regular election might give an impression of the presence of a legitimate government. But where is governance? The 'responsibility to rule' has shifted from a civilian government had tilted the balance of from a civilian government to man in uniform. Armed with extraordinary power, the security agencies engaged in fake killing, custodial killing, rape, and other forms of human rights violations with impunity.  The claim of foreign hand in perpetuating the crisis continues to hunt the government. Manipur chief minister Okram Ibobi Singh himself admits, "Over 12,000 security personnel and insurgents, and 8000 innocent people have lost their lives till date. People are insecure, angry, feel cheated and humiliated. 

It is necessary to understand the people of the state. How many times the Prime Minister of this country or the Leader of the Opposition leader in the parliament visited in the beleaguered state? Committees have been set up to look into the human rights violations undeniable under the constant pressures by the human rights groups from the state, as well as those working at the in the national and international level. Where are the reports? Justice B. P. Jeeven Reddy Commission, deputed to study and report to the Government of India about the Armed Forces (Special Powers) Act, 1958 submitted its findings way back in 2005.  The Prime Minister of India responded by stating in a press conference that the law will be withdrawn as early as possible. Since then nothing is heard about the governments' plan to withdraw the law. Such open ended answers reflect the casualness of the government and hurt people.

The entire state and people in the rest of the country forget the brutal killing of Manorama Thangjam, 32, by the men of Assam Rifles in July, 2004 and the following public outcry?  How can the world forget grief-stricken angry women stripped naked in front of the Kangla Fort (headquarters of the Assam Rifles), demanding justice. Those are the shameful moments for each of us. The government unfortunately measures people's opinion through the reports filed by the security agencies. There is a clear disconnect between the centre and the people of the state on what form 'reason'. The state does not figure in the priority list of the government as well as the political parties due its low 'political premium'.

When the world recognizes and shows solidarity with the non violent protest of Irom Sharmila, that entered into the 7^th year for demanding establishment of rule of law and repeal of AFSPA entirely from the state, the political system both in Delhi and Manipur get into the brass task toundermine the strength of non violence through their silence and ignorance. Her's is the longest protest for a social cause by any single individual anywhere in the world. Reacting to her hunger strike, and the public support across the globe, the frustrated  Mr. Okram Ibobi Singh, the Chief Minister told in the Manipur State Assembly that the state government had to spend around Rs 147,000 in two years to keep Sharmila 'alive'. We are sure; the Britishers never said such thing against Gandhiji. Neither the security agencies, nor the political class have learned the meaning and experience of non violence, except using it as a debit card.   

Our organisations' initiative for establishing 'Testimonial Therapy' has helped in empowering victims of torture and their psychological rehabilitation. While advocating for 'Right to Rehabilitation' of the victim, we stand solidly behind the rational and democratic demands of the people. Working with the victims and meeting cross section of the people of the state including Ms Sharmila, Co-awardees of Gwangju Human Rights Award, we had the realization of the deepening frustration of the people against the main land Indians. The centre might claim, but the state does not function. Systemic failure is complete.  The government both at the state and at the centre aptly replicates the three monkeys of Gandhiji for all wrong reasons.

PVCHR and wide angle therefore requests you to:

1) Encourage the Government of India to immediately withdraw the Armed Forces (Special Powers) Act, 1958;
2) Suggest the government to constitute an independent agency to investigate and prosecute cases of human rights violations committed by the state agencies in Manipur;
3) Recommend the government to implement the recommendations made by the Justice B. P. Jeevan Reddy Commission submitted to the government in 2005;
4) Urge the government to simultaneously find a political solution to the problems affecting rule of law in Manipur though a process of interactive dialogue with the people and their leaders, thereby creating an environment of mutual respect and understanding. Necessary to believe that absence of violence does not mean absence of conflict. 
With warm regards,
Dr. Lenin Raghuvanshi, Executive Director, PVCHR, Varanasi
Mr Montu  Ahanthem, Secretary, Wide Angle, Manipur

We have communicated  our grievances, demanded justice for the victims and argued for a just, democratic, systemic response to the larger issues of the state time to time through letters to people who matter, or writing blogs, which are mentioned below. 

· India: Please take immediate action to save the life of the Female Human Rights Defender in Manipur, India.
http://pvchr.blogspot.com/2009/08/india-please-take-immediate-action-to_19.html

· Thanks from the mothers of Manipur to you
http://testimony-india.blogspot.com/2009/08/thanks-from-mothers-of-manipur-to-you.html
· PVCHR actions against torture in Manipurhttp://testimony-india.blogspot.com/2009/08/pvchr-actions-against- torture-in.html

· Open letter in the matter of Manipurhttp://testimony-india.blogspot.com/2009/08/open-letter-in-matter-of-manipur_02.html

http://pvchr.blogspot.com/2009/08/petition-in-murder-in-plain-sight-at.html

http://www.tehelka.com/story_main42.asp?filename=Ne080809murder_in.asp

Open letter to Shri Rahul Gandhi for repeal of AFSA on 2 August 2009.Please visit:

 http://testimony-india.blogspot.com/2009/08/open-letter-in-matter-of-manipur_02.html

German Sanjenbam a victim of HIV/AIDS discrimination

Case story of German Sanjenbam

Sanjenbam German Singh alias Noinoisana is a 15 years old double orphan from Uripok Tourangbam leikai, studying in class 8 at St. Savio School, Lamphel. His parents had died 10 years ago. His father was a drug user and later on both his parents became HIV positive and died. He too contacted the disease from his parents and was on ART treatment.

He was stigmatize, discriminated and tortured by his own near & dear ones, after the death of his parents he was living with his uncle & aunty. He was treated very badly and was made to do all the hard works including the daily household works. He was not provided proper food & clothing, they use to scold him and even beat him and was not allowed to mingle with other children in the family saying that he will spread HIV virus to other members of the family. He was blamed for every small thing, his aunty even spread the rumor that he had molested her daughter even use to hide and throw away his ART medicines. Her main intention was that if ART is not provided to him he will die soon and his parental property can be taken away by them.

After so much sufferings and torture in the hands of his uncle and aunt, he no longer could bear the physical torture and one day he ran away to his maternal grandmother’s house at Malom. He stayed there for few days, on 5^th April 2010, his cousin brother (aunt’s son) and some other persons came to his maternal grandmother’s house and took him along with them on the charged of molesting her cousin sister, nobody knew about his whereabouts, on the next day morning of 7^th April 2010 he was found brutally murdered, his face and head were smashed beyond recognition. There is a big suspicion that his uncle and aunty were directly involved in this brutal murder.

The incident of this Boy brought a huge outcry in the State of Manipur. Many NGO’s and other civil society organizations came out strongly against this brutal act and demanded that the culprits be booked and punished. On 19^th of April 2010 a huge public rally was jointly organized by NGO’s working in the field of Drug and HIV/AIDS and submitted a memorandum to the Chief Minister of Manipur for framing of state policy to protect the Right of Children living with HIV/AIDS.

Note: How an innocent child who has been on ART has been murdered mercilessly for the sake of some property/land by his own near and dear ones and who also showed/act as his care giver in the eyes of the society.   

TESTIMONY OF HEMAM NAREN

I, Shri Hemam Naren, aged about 32 years from Moirang Kiyam Leikai, P.O. /P.S. Bishnupur, Manipur, am the first son of Shri H.Iboyaima and Ekasini Devi. I am a victim of police and army torture.

The incident happened at 11pm on 17^th July 2008 midnight, when I was sleeping in my bedroom, four Army Personnel from 7^th battalion Assam Rifles suddenly entered my house and flashed the torchlight on my face. They asked me “Is your name Naren?” at that moment; an army personnel handcuffed my hands and threatened me to be silence and not to inform any of my family member. They blindfolded me and pushed me inside their vehicle. I was so scared and thought it was my last day, after reaching their camp they tied my hands, blindfolded my eyes and pushed me into the interrogation cell. On the next morning they untied my hands and freed my eyes. At that moment I came to know that I was at Moirang Khunou army camp. A officer came to the room where I was holdup and gave me a cup of tea asking me my army number but I told him that I was not associated with any underground group. Then, they started beating brutally by asking again and again ‘what is your army number ?’. I beg them to stop beating me, I felt unconscious, when I regain consciousness they started beating me again. I could not bear their torture anymore, at last to get away from torture I gave a number blindly, then they stopped torturing and handed me to the Moirang Police Station, I spent six days in Moirang Police Station after that they shifted me in the Sajiwa Jail and charged me that I was involved in the army ambushed at Sugnu and Thinungei. I was released from Sajiwa Jail only when my family paid a sum of Rs. 30,000 to the authority.

After some months of the incident, one night on October 2008, 6th JAT Regiment came to my home and arrested me again. I told them that I was a bail out person but they didn’t listen to me. They took me to the Ngangkhalawai Army Camp and started torturing me just like before. On the next day I was handed over to Moirang Police Station again and put up in the custody for ten days. Then I was produced at Bishnupur District Court and charged me on various cases, I was released on bailed after giving the security bond.

After going through the tortured by police and army personnel, I can not sleep in the night when ever I hear the sound of vehicle, I feel I am still suffering the trauma. As a tortured victim I would like to express my views and feeling to all the organisation working on the field of Human Rights that this testimony may provide a message to all those who have faced the same tortured like me to stand up and tell our stories to the world that we shall get justice one day.

Advocacy on Proper Health Care Services

Advocacy programme

4 hours, 43 minutes, 28 seconds ago

IMPHAL, March 30: A one day advocacy programme on “The proper healthcare services” was held at conference hall of JN Hospital today with the health care service providers of JN Hospital especially with the matrons, sisters, nurses and other staffs organised by the WIDE ANGLE.

Resource persons at the advocacy meet strongly observed the need to use proper terminology relating to HIV/AIDS. They also urged media to use proper language and terms relating to HIV. Other important points highlighted during the meet was that sanitization/awareness and advocacyplay an important role in disclosing the status of an individual. stigma & discrimination which also disturbs the environment of health care services.
 
An appeal was further made by WIDE ANGLE to provide the necessities needed by the institution to have a workable atmosphere.

The organiser also made fervent appeal to the underground outfits to let Manipur a drug free zone by giving no obstructions to health care sector so that health care providers could render their services freely and successfully.