Rs.

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(A Monthly Publication of Manavadhikar Samajik Manch)

Volume XV No. 5 May 2018
President :Dr. A. Shanker Advisors: Bejon Mishra
Editor :Dr. Girija B. Nanda Manoj Kar
Managing Editor :Dr. Srimoy Patra UP Chapter
Associate Editor :Manoj Kumar Kar Dr. Narendra Kumar, State Convenor
V. Mathew
6/348, Ramnath Deoria, Deoria - 274001
Editorial Team :Dr. Arpita Verma
Uttar Pradesh - 274001
Shibashish Sahoo
Aseem Khanna
Phone :0-9415320183
Kamal Kumar Gaur Odisha Chapter
Dr. Virender Khatana
Umakanta Nanda, Adv, State Convenor
Priyadarshi Ashok Mishra
Amit Mishra, Associate State Convenor
Reporter :Swarup N. Panigrahi
Gandarpur, P.O. -College Square,
Shivdhar Dubey
Cuttack, Odisha - 753003
Office Assistant :Manoj Thakur
Phone : 0671-2441528, 09437041528
Legal Advisors :Ms. Kumud L. Das
Jitendra Mahapatra Maharashtra Chapter
Ms. Poonam Yadav Victor Freitas, State Convenor
Layout Designer :Ravish Kumar Room No. 318, Akash Wani, Aamdar Niwas,
Cover Concept :Dr. Srimoy Patra Mumbai - 400 032
Edited, Printed and Phone :022-22022383, 09322735829
Published by :Dr. Girija B. Nanda

Human Touch
(A Monthly Publication of Manavadhikar Samajik Manch)

Human Touch is a platform for non-partisan portrayal of human rights issues in their different forms. Be it
the rights of the weaker sections of our population such as the women, the children, the aged and the
physically challenged, or the victims of some social customs, cultural traditions and economic & non-economic
policies, the publication brings out the issues objectively and in a manner that would give succour to the
people whose rights are either violated or put in jeopardy.

Human Touch acts as a forum for scholars, activists, concerned individuals and the common men &
women to ventilate their grievances, express their views and to highlight cases of human rights violations,
so that appropriate ameliorative actions can be taken by the concerned agencies. It is meant to help the
helpless and to speak for those whose voices are not heard. It engages in constructive and incisive debate
on issues that are not only of day-to-day concern but also on issues that are important for posterity. This
publication is a step forward in realising the vision of Manavadhikar Samajik Manch, i.e. creation of a
just and equitable society.

Owner : Manavadhikar Samajik Manch

Publisher/Printer/Editor : Dr. Girija B. Nanda
Printed at : Matha Offset Press, Y-16, Okhla Industrial Area, Phase-II, New Delhi
Published from: Manavadhikar Samajik Manch, 39, Sant Nagar, New Delhi - 110065
Tel.: 91-11-41621978, 46578478, Fax : 41621669
E-mail: officemail.masm@gmail.com, manavadhikar.india@indiatimes.com, masm@rediffmail.com
Website: www.manavadhikar.net, www.humanrightsnews.net
 In this issue...
World No Tobacco Day: 5
Tobacco and Heart Disease

World Press Freedom Day: 9

Keeping Power in Check: Media, Justice and The Rule of Law

Freedom of Expression: 11
Need to be Protected

HIV/AIDS: 13
A Human Rights Challenge

National News 16

News from the National Human Rights Commission 18

International News 22

Invisible Victims of Sexual Violence: 25

Access to Justice for Women and Girls with Disabilities in India

CSR: 28
Corporate Charity & Social Responsibility

Indirect Reservation: 30
Best Way to Achieve Conflict-free Society
 From the President’s Desk …
Smoking is a world wide hazard. It is a single most important cause of preventable premature death.
There are about 1.3 billion smokers in the world according to an authentic source. 20 billion cigarettes
are sold every day. Smoking is declining in US and many other western countries Even in a developed
country like USA, smoking rate has decreased to almost half over the last three decades. But, strangely,
it is on the rise in developing countries like India and other South and South-east Asian states. In some
developed countries in far East like Japan and China, more than 60 % of male population smokes. One
third of the world population smokes, 12 % of them are women and every day 100,000 kids are added
to this number. Every year 5.6 million people die of tobacco/smoking related diseases. Every 6 second a
current or former smoker dies. 70 % of smokers die younger than normal population. Smokers die 15
year younger than non smokers. In 21st century, 1.3 billion people will die of smoking.

Smoking cigarette, pipe, cigar, Hukah, Shisha and other use of tobacco like chewing tobacco and
tobacco sniffing all are dangerous and addictive. Nicotine present in tobacco smoke causes addiction by
increasing the brain levels of chemicals like Dopamine and Endrophine. These chemicals give a sense of
happiness hence there is craving for tobacco products. If a person tries to quit, withdrawal effects
include irritability, anxiety, depression and lack of concentration.

Tobacco and tobacco smoke have about 4,000 chemicals , 200 of these are poisonous and 60 of these
chemicals are known to cause cancer (carcinogens). some of these chemicals are, benzene (a petroleum
product), ammonia (used in dry cleaning and toilet cleaning), formaldehyde (a chemical used to preserve
dead bodies and ) and Tar. Tobacco smoke causes atherosclerosis (hardening of the blood vessels)
leading to hart attack and stroke. It also contains carbon mono oxide which decreases oxygen in the
blood.

When we look at the above fact, it is alarming. Therefore, prevention is the best way to combat this evil.
A strong anti-smoking media campaign to create awareness is a good platform to start with. Including
anti-smoking education in the schools where children are most easily influenced is highly recommended.
Changing the social norms by banning smoking in our homes, public places, cinemas, restaurants,
public transports, all targeting to create awareness that tobacco use is an addiction worthy of contempt
may result in a decrease in this practice.

We owe it to ourselves, our country and our future generations.

Dr. A. Shanker

Vol. XV No. 5 May 2018 4

 World No Tobacco Day:
Tobacco and Heart Disease
G
overnments use the tobacco
control measures in the WHO
Framework Convention on
Tobacco Control (WHO FCTC) to
reduce the prevalence of tobacco use
and exposure to tobacco smoke. By
implementing these measures,
governments reduce the heavy
burden of disease and death that is
attributable to tobacco use or
exposure.
The WHO FCTC's tobacco control
measures are usually expressed as
laws, regulations, administrative
decisions and such actions as
enforcement measures. Some of
these decisions and actions involve
health systems and professionals.
Governments and civil society can
also engage in programmes and
population-based interventions.
To help countries implement the
treaty, WHO introduced MPOWER,
a package of technical measures and
resources, each of which
corresponds to at least one demand-
reduction provision of the WHO
FCTC. MPOWER builds the capacity
of countries to implement certain
provisions of the WHO FCTC.
Tobacco control is based upon an
underlying ethical framework that
recognizes the rights of persons to
life, health and freedom. The WHO
FCTC recognizes the importance of
the human rights regimens embodied
in the International Covenant on
Economic, Social, and Cultural
Rights; the Convention on the
Elimination of All Forms of
Discrimination Against Women; and
Vol. XV No. 5 May 2018
the Convention on the Rights of the
Child.
Quitting tobacco is not easy as
tobacco dependence is a cluster of
behavioural, cognitive and
physiological phenomena. Very few
tobacco users can successfully quit
the habit in their first attempt. But the
evidence is strong that it can be done.
From quit lines to counselling to
prescription medicines, there are
numerous effective ways to quit.
Overview
- Tobacco control promotes
sustainable development
- How does tobacco use challenge
sustainable development?
- Health and economic impacts
- Women and children
- Poverty
- Environment
- Tobacco control: a boost for
sustainable development
- What should countries do?
Surveillance and monitoring
The WHO Framework Convention
on Tobacco Control (WHO FCTC)
requires its Parties to regularly collect
national data on the magnitude,
patterns, determinants and
consequences of tobacco use and
exposure.
Through surveillance and monitoring
of tobacco, the WHO Tobacco Free
Initiative seeks to improve the
availability of surveillance data on
5
tobacco use, exposure and related
health outcomes.
In particular, WHO works with its
Member States and other partners to:
- encourage the use of standards
and scientific and evidence-based
protocols for tobacco surveys
- build capacity on conducting and
implementing surveys, as well as
disseminating and using their
results
- develop, maintain and report data
to monitor tobacco control
policies
- develop, maintain and report data
on health outcomes related to
tobacco use and exposure
Key facts
- Tobacco kills up to half of its
users.
- Tobacco kills more than 7 million
people each year. More than 6
million of those deaths are the
result of direct tobacco use while
around 890 000 are the result of
non-smokers being exposed to
second-hand smoke.
- Around 80% of the world's 1.1
billion smokers live in low- and
middle-income countries.
Leading cause of death, illness and
impoverishment
The tobacco epidemic is one of the
biggest public health threats the world
has ever faced, killing more than 7
million people a year. More than 6
million of those deaths are the result
of direct tobacco use while around
890 000 are the result of non-smokers
being exposed to second-hand smoke.

Around 80% of the 1.1 billion
smokers worldwide live in low- and
middle-income countries, where the
burden of tobacco-related illness and
death is heaviest. Tobacco users who
die prematurely deprive their families
of income, raise the cost of health
care and hinder economic
development.
In some countries, children from
poor households are frequently
employed in tobacco farming to
provide family income. These
children are especially vulnerable to
"green tobacco sickness", which is
caused by the nicotine that is
absorbed through the skin from the
handling of wet tobacco leaves.
Surveillance is key
Good monitoring tracks the extent
and character of the tobacco epidemic
and indicates how best to tailor
policies. Only 1 in 3 countries,
Vol. XV No. 5 May 2018
representing 39% of the world's
population, monitors tobacco use by
repeating nationally representative
youth and adult surveys at least once
every 5 years.
Second-hand smoke kills
Second-hand smoke is the smoke
that fills restaurants, offices or other
enclosed spaces when people burn
tobacco products such as cigarettes,
bidis and water-pipes. There are
more than 4000 chemicals in tobacco
smoke, of which at least 250 are
known to be harmful and more than
50 are known to cause cancer.
There is no safe level of exposure to
second-hand tobacco smoke.
- In adults, second-hand smoke
causes serious cardiovascular and
respiratory diseases, including
coronary heart disease and lung
cancer. In infants, it causes
6
sudden death. In pregnant
women, it causes low birth
weight.
- Almost half of children regularly
breathe air polluted by tobacco
smoke in public places.
- Second-hand smoke causes more
than 890 000 premature deaths
per year.
- In 2004, children accounted for
28% of the deaths attributable to
second-hand smoke.
Every person should be able to
breathe tobacco-smoke-free air.
Smoke-free laws protect the health
of non-smokers, are popular, do not
harm business and encourage
smokers to quit.
Over 1.4 billion people, or 20% of
the world's population, are protected
by comprehensive national smoke-
free laws.
Tobacco users need help to quit
Studies show that few people
understand the specific health risks
of tobacco use. For example, a 2009
survey in China revealed that only
38% of smokers knew that smoking
causes coronary heart disease and
only 27% knew that it causes stroke.
Among smokers who are aware of
the dangers of tobacco, most want
to quit. Counselling and medication
can more than double the chance that
a smoker who tries to quit will
succeed.
National comprehensive cessation
services with full or partial cost-
coverage are available to assist
tobacco users to quit in only 26
countries, representing 33% of the
world's population.
Picture warnings work
Hard-hitting anti-tobacco
advertisements and graphic pack
warnings – especially those that
include pictures – reduce the number
of children who begin smoking and
increase the number of smokers who
quit.
Graphic warnings can persuade
smokers to protect the health of non-
smokers by smoking less inside the
home and avoiding smoking near
children. Studies carried out after the
implementation of pictorial package
warnings in Brazil, Canada, Singapore
and Thailand consistently show that
pictorial warnings significantly
increase people's awareness of the
harms of tobacco use.
78 countries, representing 47% of the
world's population, meet the best
practice for pictorial warnings,
which includes the warnings in the
local language and cover an average
of at least half of the front and back
of cigarette packs. Mass media
campaigns can also reduce tobacco
consumption by influencing people to
protect non-smokers and convincing
youths to stop using tobacco.
Mass media campaigns can also
reduce tobacco consumption by
influencing people to protect non-
smokers and convincing youths to
stop using tobacco.
Around 44% of the world's
population live in the 43 countries that
have aired at least 1 strong anti-
tobacco mass media campaign within
the last 2 years.
Ad bans lower consumption
Bans on tobacco advertising,
promotion and sponsorship can
reduce tobacco consumption.
- A comprehensive ban on all
tobacco advertising, promotion
and sponsorship could decrease
tobacco consumption by an
Vol. XV No. 5 May 2018
average of about 7%, with some
countries experiencing a decline
in consumption of up to 16%.
- Only 37 countries, representing
15% of the world’s population,
have completely banned all forms
of tobacco advertising, promotion
and sponsorship.
Taxes discourage tobacco use
Tobacco taxes are the most cost-
effective way to reduce tobacco use,
especially among young and poor
people. A tax increase that increases
tobacco prices by 10% decreases
tobacco consumption by about 4%
in high-income countries and about
5% in low- and middle-income
countries.
Even so, high tobacco taxes is a
measure that is rarely implemented.
Only 32 countries, with 10% of the
world's population, have introduced
taxes on tobacco products so that
more than 75% of the retail price is
tax. Tobacco tax revenues are on
average 250 times higher than
spending on tobacco control, based
on available data.
Illicit trade of tobacco products
must be stopped
The illicit trade in tobacco products
poses major health, economic and
security concerns around the world.
It is estimated that 1 in every 10
cigarettes and tobacco products
consumed globally is illicit. The illicit
market is supported by various
players, ranging from petty peddlers
to organized criminal networks
involved in arms and human
trafficking.
Tax avoidance (licit) and tax evasion
(illicit) undermine the effectiveness
of tobacco control policies,
particularly higher tobacco taxes.
These activities range from legal
actions, such as purchasing tobacco
7
products in lower tax jurisdictions,
to illegal ones such as smuggling,
illicit manufacturing and
counterfeiting.
The tobacco industry and others
often argue that high tobacco product
taxes lead to tax evasion. However,
the evidence shows that non-tax
factors including weak governance,
high levels of corruption, poor
government commitment to tackling
illicit tobacco, ineffective customs
and tax administration, and informal
distribution channels for tobacco
products are often of equal or greater
importance.
There is broad agreement that
control of illicit trade benefits
tobacco control and public health
and result in broader benefits for
governments. Critically, this will
reduce premature deaths from
tobacco use and raise tax revenue
for governments. Stopping illicit
trade in tobacco products is a health
priority, and is achievable. But to do
so requires improvement of national
and sub-national tax administration
systems and international
collaboration. The WHO FCTC
Protocol to Eliminate the Illicit Trade
of Tobacco Products (ITP) is the
key supply side policy to reduce
tobacco use and its health and
economic consequences.
While publicly stating its support for
action against the illicit trade, the
tobacco industry’s behind-the-scenes
behaviour has been very different.
Internal industry documents released
as a result of court cases demonstrate
that the tobacco industry has actively
fostered the illicit trade globally. It also
works to block implementation of
tobacco control measures, such as
tax increases and pictorial health
warnings, by misleadingly arguing
they will fuel the illicit trade.
Experience from many countries
demonstrate that illicit trade can be
successfully addressed even when
tobacco taxes and prices are raised,
resulting in increased tax revenues
and reduced tobacco use.
Implementing and enforcing strong
measures to control illicit trade
enhances the effectiveness of
significantly increased tobacco taxes
and prices, as well as strong tobacco
control policies, in reducing tobacco
use and its health and economic
consequences.
WHO response
WHO is committed to fighting the
global tobacco epidemic. The WHO
Framework Convention on Tobacco
Control (WHO FCTC) entered into
force in February 2005 and has today
181 Parties covering more than 90%
of the world's population.
The WHO FCTC is a milestone in the
promotion of public health. It is an
evidence-based treaty that reaffirms
Vol. XV No. 5 May 2018
the right of people to the highest
standard of health, provides legal
dimensions for international health
cooperation and sets high standards
for compliance.
In 2008, WHO introduced a practical,
cost-effective way to scale up
implementation of the main demand
reduction provisions of the WHO
FCTC on the ground: MPOWER.
Each MPOWER measure
corresponds to at least 1 provision
of the WHO Framework Convention
on Tobacco Control.
The 6 MPOWER measures are:
- Monitor tobacco use and
prevention policies
- Protect people from tobacco use
- Offer help to quit tobacco use
- Warn about the dangers of
tobacco
- Enforce bans on tobacco
advertising, promotion and
8
sponsorship
- Raise taxes on tobacco.
WHO report on the global tobacco
epidemic 2017
The Protocol to Eliminate Illicit Trade
in Tobacco Products requires a wide
range of measures relating to the
tobacco supply chain, including the
licensing of imports, exports and
manufacture of tobacco products;
the establishment of tracking and
tracing systems and the imposition
of penal sanctions on those
responsible for illicit trade. It would
also criminalize illicit production and
cross-border smuggling. The
Protocol to Eliminate Illicit Trade in
Tobacco Products, the first Protocol
to the Convention, was adopted in
November 2012 at the fifth session
of the Conference of the Parties in
Seoul, Republic of Korea, and is
currently open for ratification,
acceptance, approval, or accession
by the Parties to the WHO FCTC.
 World Press Freedom Day:
Keeping Power in Check: Media, Justice and The Rule of Law
W
orld Press Freedom Day was
proclaimed by the UN
General Assembly in
December 1993, following the
recommendation of UNESCO's
General Conference. Since then, 3
May, the anniversary of the
Declaration of Windhoek is celebrated
worldwide as World Press Freedom
Day.
It is an opportunity to:
- celebrate the fundamental
principles of press freedom;
- assess the state of press freedom
throughout the world;
- defend the media from attacks on
their independence;
- and pay tribute to journalists who
have lost their lives in the line of
duty.
2018 Theme: Keeping Power in
Check: Media, Justice and The
Rule of Law
The theme of the 2018 celebration
highlights the importance of an
enabling legal environment for press
freedom, and gives special attention
to the role of an independent judiciary
in ensuring legal guarantees for press
freedom and the prosecution of
crimes against journalists.
At the same time, the theme addresses
the role of the media in sustainable
development, especially during
elections - as a watchdog fostering
transparency, accountability and the
rule of law. The theme also aims to
explore legislative gaps with regard to
freedom of expression and
information online, and the risks of
regulating online speech.
Vol. XV No. 5 May 2018
Within the 2030 Agenda for
Sustainable Development, the
contribution of journalists and media
workers is most associated with
Sustainable Development Goal (SDG)
16 of peace, justice and strong
institutions. In order to reach this goal,
effective, accountable and transparent
institutions at all levels must be
developed, and press freedom is
essential for this.
Background
Freedom of Expression, a Human
Right
Freedom of expression is a
fundamental human right as stated in
Article 19 of the Universal
Declaration of Human Rights:
"Everyone has the right to freedom
of opinion and expression; this right
includes freedom to hold opinions
without interference and to seek,
receive and impart information and
ideas through any media and
regardless of frontiers."
Media freedom and access to
information feed into the wider
development objective of
empowering people. Empowerment
is a multi-dimensional social and
political process that helps people
gain control over their own lives.
This can only be achieved through
access to accurate, fair and unbiased
information, representing a plurality
of opinions, and the means to actively
communicate vertically and
horizontally, thereby participating in
the active life of the community.
9
However, in order to make freedom
of expression a reality, there must be:
- a legal and regulatory
environment that allows for an
open and pluralistic media sector
to emerge;
- a political will to support the
sector and rule of law to protect
it;
- laws ensuring access to
information, especially
information in the public domain;
and
- the necessary media literacy skills
among news consumers to
critically analyze and synthesize
the information they receive to use
it in their daily lives and to hold
the media accountable for its
actions.
These elements, along with media
professionals adhering to the
highest ethical and professional
standards designed by practitioners,
serve as the fundamental
infrastructure on which freedom of
expression can prevail. On this basis
media serves as a watchdog, civil
society engages with authorities
and decision-makers, information
flows through and between
communities.
Freedom of Information
The fuel that drives this engine is
information and therefore access to
information is critical. Freedom of
information laws, which permit
access to public information are
essential, but so are the means by
which information is made available,
be it through ICTs or the simple
sharing of documents.
Information can change the way we
see the world around us, our place in
it, and how to adjust our lives in order
to maximize the benefits available
through our local resources. Fact
driven decision-making can
significantly alter our political, social
and economic perspectives.
Therefore, open and pluralistic media
are, perhaps, most precious when
they simply provide the mirror for
society to see itself. These moments
of reflection are instrumental in
defining community objectives,
making course corrections when
society or its leaders have lost touch
with each other or gone astray.
The right to access information can
be interpreted within the legal
frameworks that support freedom of
information as it applies to
information held by public bodies, or
in a wider sense to encompass both
access and circulation of information
held by other actors, where it
becomes intrinsically linked to
freedom of expression.
Freedom of information and the
transparency it promotes, has a direct
consequence on fighting corruption,
which in turn has a tangible impact
on development. Former World Bank
Vol. XV No. 5 May 2018
president James Wolfensohn often to further shape their media
identified government corruption as environments as well as access a
the primary hindrance to development plurality of sources. The combination
and an independent media sector as of access to information and citizen
the number one tool to fight public participation in media can only
corruption. contribute to an increased sense of
ownership and empowerment.
Press Freedom and Governance
Ensuring freedom for the media
around the world is a priority.
Independent, free and pluralistic Support us for the
media are central to good governance
in democracies that are young and
creation of a just and
old. Free media: equitable society
- can ensure transparency,
accountability and the rule of law;
- promote participation in public
and political discourse, and
- contribute to the fight against
poverty.
An independent media sector draws
its power from the community it
Visit our
serves and in return empowers that social media page at :
community to be full a partner in the https://
democratic process.
www.facebook.com/
Freedom of information and freedom humantouchmagazine/
of expression are the founding for online
principles for open and informed
debate. New technology will
human rights updates.
continue to evolve and allow citizens
10
 Freedom of Expression:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media
Freedom of expression is a
fundamental human right as stated in
Article 19 of the Universal
Declaration of Human Rights:
World Press Freedom Day was
proclaimed by the UN General
Assembly in December 1993,
following the recommendation of
UNESCO's General Conference.
Since then, 3 May, the anniversary
of the Declaration of Windhoek is
celebrated worldwide as World Press
Freedom Day. It is an opportunity to:
- celebrate the fundamental
principles of press freedom;
- assess the state of press freedom
throughout the world;
- defend the media from attacks on
their independence;
- pay tribute to journalists who have
lost their lives in the line of duty.
The focus this year is on
three inter-related themes:
the media’s importance in
development; the safety
of journalists and the rule
of law; and the
sustainability and integrity
of journalism. An
international conference
will be held at UNESCO
Headquarters in Paris on
5-6 May.
Media freedom and
Vol. XV No. 5 May 2018
Need to be Protected
and regardless of frontiers."
access to information feed into the
wider development objective of
empowering people. Empowerment
is a multi-dimensional social and
political process that helps people
gain control over their own lives.
This can only be achieved through
access to accurate, fair and unbiased
information, representing a plurality
of opinions, and the means to actively
communicate vertically and
horizontally, thereby participating in
the active life of the community.
However, in order to make freedom
of expression a reality, there must be:
- a legal and regulatory
environment that allows for an
11
open and pluralistic media sector
to emerge;
- a political will to support the
sector and rule of law to protect
it;
- laws ensuring access to
information, especially
information in the public domain;
and
- the necessary media literacy skills
among news consumers to
critically analyze and synthesize
the information they receive to
use it in their daily lives and to
hold the media accountable for
its actions.
These elements, along with media
professionals adhering to the highest
ethical and professional standards
designed by practitioners, serve as the
fundamental infrastructure on which
freedom of expression can prevail.
On this basis media
serves as a watchdog,
civil society engages with
authorities and decision-
makers, information
flows through and
between communities.
Freedom of
Information
The fuel that drives this
engine is information and
therefore access to
information is critical.
Freedom of information
laws, which permit access to public
information are essential, but so are
the means by which information is
made available, be it through ICTs or
the simple sharing of documents.
Information can change the way we
see the world around us, our place
in it, and how to adjust our lives in
order to maximize the benefits
available through our local
resources. Fact driven decision-
making can significantly alter our
political, social and economic
perspectives. Therefore, open and
pluralistic media are, perhaps, most
precious when they simply provide
the mirror for society to see itself.
These moments of reflection are
instrumental in defining community
objectives, making course
corrections when society or its
leaders have lost touch with each
other or gone astray.
The right to access information can
be interpreted within the legal
frameworks that support freedom of
information as it applies to
information held by public bodies, or
in a wider sense to encompass both
access and circulation of information
held by other actors, where it
becomes intrinsically linked to
freedom of expression.
Vol. XV No. 5 May 2018
Freedom of information and the
transparency it promotes, has a direct
consequence on fighting corruption,
which in turn has a tangible impact
on development. Former World Bank
president James Wolfensohn often
identified government corruption as
the primary hindrance to development
and an independent media sector as
the number one tool to fight public
corruption.
Press Freedom and Governance
Ensuring freedom for the media
around the world is a priority.
Independent, free and pluralistic
media are central to good governance
in democracies that are young and
old. Free media:
- can ensure transparency,
accountability and the rule of law;
- promote participation in public
and political discourse, and
- contribute to the fight against
poverty.
An independent media sector draws
its power from the community it
serves and in return empowers that
community to be full a partner in the
democratic process.
Freedom of information and freedom
of expression are the founding
12
principles for open and informed
debate. New technology will
continue to evolve and allow citizens
to further shape their media
environments as well as access a
plurality of sources. The combination
of access to information and citizen
participation in media can only
contribute to an increased sense of
ownership and empowerment.
Please subscribe to
Human Touch
and support us for
creation of a just and
equitable society and
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A Human Rights Challenge
The State of HIV/AIDS in India
In India, Human Immunodeficiency
Virus/ Acquired Immunodeficiency
Syndrome (HIV/AIDS) has emerged
as one of the most serious public
health problems.
The first case of HIV infection in In-
dia was reported from Chennai in
1986.  Today, 20 years later, the vi-
rus has spread to every nook and
corner in the country and it is esti-
mated that there are 5.2 million in-
fected people.
Recent Trends
The growing incidence of HIV/AIDS
in the country has several important
facets. The available surveillance data
clearly indicates that HIV is preva-
lent in almost all parts of the coun-
try.
The current trend shows that it has
spread from urban to rural areas and
from individuals practicing risk be-
haviour to the general population. In
other words, the epidemic is moving
outwards, from specific “high risk”
groups and urban centres to the gen-
eral population and rural hinterland.
The number of women infected is also
steadily rising, accounting for ap-
proximately 39% of infections. Young
people’s multiple vulnerabilities make
them more susceptible to HIV infec-
tion and today about 1/3rd of all AIDS
cases in the country are amongst
young people in the age group of 15-
29 years.
Human Rights Dimension
Respect for Human Rights is
Vol. XV No. 5 May 2018
HIV/AIDS:
important in the management of any
disease.  But, it is far more important
in the case of HIV/AIDS. HIV/AIDS
is significantly different in other
diseases because of stigma and
discrimination attached to it. HIV/
AIDS is deeply inimical to Human
Rights including the most
fundamental of all rights the right to
life itself. It is certainly one of the
most pressing Human Rights issues.
In its Declaration of Commitment
on HIV/AIDS adopted in June 2001,
the UN General Assembly
acknowledged this important
connection between HIV/AIDS and
Human Rights: “The full realization
of human rights and fundamental
freedoms for all is an essential
element in a global response to the
HIV/AIDS pandemic.”
In the context of HIV/AIDS vis-a-
vis Human Rights the following ar-
eas assume critical importance:
13
- Raghab P. Dash
Consent and Testing
The right to self-autonomy - that is
the right to determine what can be
done to one’s body, is the very es-
sence of having the right to lead a
life, as one feels free, without any
coercion or force. In the context of
HIV/AIDS, this issue manifests itself
in the form of informed consent.
It is a widely held belief that before a
health care worker tests a person for
HIV the person must be fully in-
formed of the various issues related
to the test and result prior to taking
his or her consent for testing. This
assumes greater significance in the
HIV/AIDS scenario where stigma
and discrimination exist. Therefore,
it is essential that before a person is
tested, his/her voluntary, full and in-
formed consent needs to be taken.
People should also be made aware of
the fact that HIV testing is a source
of knowledge that can be beneficial
to the individual and the community.
At the same time, it should also give
the individual the autonomy to choose
whether or not to undergo testing.
Not allowing the individual to make
informed autonomous choices would
be a violation of the right to self-au-
tonomy.
Confidentiality
The concept of confidentiality is rooted
in the fundamental human right of pri-
vacy - every person has the right to a
sphere of activity and personal infor-
mation that is exclusive to him/her and
he/she has the right to disclose as he/
she pleases. This right has been guar-
anteed by both international human
rights documents and also under the
Constitution.
HIV/AIDS is a sensitive problem
which has got very delicate health
care and social ramifications. Main-
taining confidentiality is critical to
both prevention and management of
HIV/AIDS. However, breach of
confidentiality has often been re-
ported, leading to further complicat-
ing the prevention and management
of HIV/AIDS, besides violating the
Human Rights of the infected persons
in terms of denial of many services
in the health care and employment
setting.   education, particularly of the vulner-
                                   
Discrimination in Health Care
Discrimination lies
at the root of all hu-
man rights issues in
the HIV/AIDS con-
text. It is because of
the fear, ignorance
and stigma associ-
ated with HIV/AIDS
that people living
with HIV/AIDS are
treated prejudicially
and unequally.
The right to equal
treatment and the
right to health are
fundamental rights.
Patients and care
providers must both
be made aware of
these rights in the
context of HIV/AIDS. However, dis-
criminatory practices have been
manifested at many levels of treat-
ment of HIV infected persons.
The orientation and training of health
care workers at all levels need to be
made   more  focused  which  would
contribute to both de-stigmatization
as well as creating a more enabling
environment to manage HIV/AIDS in
health care setting. This should aim
at non-isolation of HIV/AIDS pa-
Vol. XV No. 5 May 2018
tients, a standard procedure for the
protection of confidentiality of HIV
status, accessibility to treatment of
infections, as well as anti-retroviral
medication. There is no valid reason
why HIV/AIDS patients should be
isolated or why they should not have
access to treatment provided for any
other illness.
Discrimination in Education
The Constitution of India has enjoined
upon the State to take special care of
able sections of the society. Right to
education has found a place in the
expansive judicial interpretation of the
expression of “life’’ under Article 21
of the Constitution, thus making it
fundamental to a dignified living in a
civilized society. It has been widely
reported that children have been
barred from attending school on the
basis of their HIV status, thus violat-
ing their right to education.
It is therefore imperative to ensure
that HIV/ AIDS is treated like any
other decease and no one is discrimi-
14
nated on the basis of their HIV sta-
tus. Special measures need to be
taken to eliminate discrimination and
create an educational system which
is sensitive to the students either hav-
ing the virus or born to HIV / AIDS
parents.  The state has an obligation
to ensure the access to education by
the children infected by HIV.
Discrimination in Employment
Articles 14 of the Constitution guar-
antees equality before the law and
equal protection of law and Article
16 ensures equality of opportunity in
matters of public employment. Con-
stitutionally affirma-
tive action in favour
of person(s) is a
valid ground for dis-
crimination.  In or-
der to help individu-
als in the enjoyment
of these fundamen-
tal human rights, it
is extremely impor-
tant to ensure:
· that    there
should be no pre-
employment check-
up
· that employees
should not be de-
prived of their em-
ployment, if found
to be HIV positive;
· that HIV/AIDS should be treated
at par with other diseases and the
provision of medical services,
treatment expenditure and other
such facilities granted to employ-
ees in other diseases should also
be extended in case of HIV/
AIDS;
·  that affirmative action or positive
discrimination should be made
available in the form of insurance
benefits and health care benefits,
which is the norm with diseases
other than HIV/AIDS.
In the long-term perspective, protect-
ing against discrimination in employ-
ment would make both the employ-
ers and the employees better prepared
for the future and to respond to HIV/
AIDS.  formed about even the basic issues
People Living with or Affected by
HIV/ AIDS
The main Human Rights issue con-
cerning people living with or affected
by HIV/ AIDS include:
I. The Right to treatment
II. Access to information
III. The Right to legal remedy
Right to treatment
The most common human rights vio-
lation is absence or denial of medical
treatment. People living with or af-
fected by HIV/ AIDS have difficulty
in accessing medication even for op-
portunistic infections. They require
health care providers who are well
informed, sensitive and knowledge-
able about care and treatment. But it
is commonly found that health care
workers actively discriminate against
people living with or affected by HIV/
AIDS, due to several misconceptions
about HIV/AIDS. Further the cost
of the treatment is prohibitive. In
terms of the right to treatment, the
main concerns have been the limited
access to medicines at affordable
prices.  Access to appropriate health
care is a major problem, not only for
HIV/AIDS patients, but also for oth-
ers.  In order to prevent and manage
HIV/AIDS, efforts need to be made:
· to enhance the access to drugs;
· to reduce the cost of drugs so as
to make it affordable;
· to increase the number of volun-
tary testing centres;
· to enhance accessibility to health
services by providing various
services including Insurance,
medical benefits, etc.
Vol. XV No. 5 May 2018
Access to Information novations such as ‘suppression of
People living with or affected by HIV/ identity’ orders that are issued by
AIDS have little access to informa- courts, whereby parties to litigation
tion about HIV/AIDS and life after are given pseudonyms.
the infection. They are poorly in-            
Conclusion
like hygiene, nutrition, diet, behav- Given the enormity of the socio-eco-
ioural change and legal rights relat- nomic impact of HIV/ AIDS in the
ing to HIV/AIDS. The key constraint country, there is a need for creating
to accessing information is the the most conducive environment for
prevalence of misconceptions and HIV/AIDS prevention and manage-
misinformation about HIV/AIDS that ment. Promotion and protection of
deceive them into thinking that they Human Rights for all is a necessary
are adequately informed. Other con- component of such a enabling envi-
straints include poor literacy levels, ronment, not only in the context of
the lack of safe environment to ac- HIV/AIDS, but in the context of han-
cess information and so on. Infor- dling other public health issues, pov-
mation providers such as the media erty reduction and human develop-
and health care workers have little or ment in general. Protecting Human
no accurate information to share with Rights in a country with over 1 bil-
the people living with or affected by lion people, dispersed in 35 States/
HIV/ AIDS. Union Territories, is bound to be a
challenging process. But there should
Increased access to information on not be any difference of opinion that
policy positions is needed among all the process of protecting Human
partners, to act and react to HIV/ Rights need to move forward quickly
AIDS in a proper and confident way and be strengthened.
and for people living with or affected
by HIV/ AIDS to lead an informed
‘positive life’.
Legal Remedy
Another significant issue of concern
is that people living with or affected
by HIV/ AIDS have no knowledge
about where to address human rights
violations.  There is a severe lack of
information about the institutions that
could address the issues of human
rights violations and related griev-
ances.  Even if legal aid and services
are available there is sometimes a de-
layed response from people living
with or affected by HIV/ AIDS. A
key reason for this is that most of
them fear that their HIV status would
become public knowledge while try-
ing to address human rights violations
against them. Therefore, people liv-
ing with or affected by HIV/ AIDS
need to be informed about legal in-
15
 National Human Rights Update
India Sex Offenders’ Registry
Not the Answer
Reeling from protests across the
country demanding justice for
victims in the recent spate of sexual
assaults, Indian authorities are under
pressure to respond. One step the
government has decided to adopt is
a sex offenders’ database, which will
store the profile and personal details
of convicted offenders and those
accused of such offenses. Children
accused of such crimes may also be
included in the database.
For several years, some senior
government ministers have been
calling for mandatory registration of
sex offenders. It reflects public
concern that children and women are
at grave risk of sexual abuse by
strangers who are repeat offenders.
But this concern is not borne out by
facts. According to 2016 government
data, out of 38,947 cases of reported
rapes in India, the accused was
known to the victim in almost 95
percent of the cases. In nearly 4,000
cases, the accused was a close family
member.
Rape is already underreported in India
largely because of social stigma,
victim-blaming, poor response by the
criminal justice system, and lack of
any national victim and witness
protection law. This makes rape
victims highly vulnerable to pressure
to forego reporting the assault from
the accused as well as the police.
Children are even more vulnerable
due to pressure from family and
society.
Vol. XV No. 5 May 2018
The fact that the offenders – often
relatives or family friends – will be
recorded in a national database for
all time may actually lead to a decrease
in reporting of such crimes. Even if
the database is not public, the absence
of laws to protect privacy and on data
protection in India will raise further
concerns.
Moreover, studies by Human Rights
Watch and the American Civil
Liberties Union show that sex
offender registries in the United States
have done more harm than good.
Instead of crime prevention, they lead
to harassment, ostracism, and
violence against former offenders,
especially children, and impede their
rehabilitation.
The Indian government should instead
better enforce existing laws and
protection measures. It can start by
ensuring that police officers, judicial
officials, and medical professionals
are sensitized on the proper handling
of sexual violence cases -- and
holding them to account when they
don’t.
Asaram Case Highlights Need
for Witness and Victim
Protection in India
“During night, I get no sleep as I am
in constant fear of death by the
accused’s firing squad…I want to
live at least till I complete my
testimony,” stated Rahul Sachan, a
former personal assistant to Asumal
Harpalani (known as Asaram), in an
16
affidavit filed with the Supreme Court
in August 2015.
Sachan, a witness in the two rape
trials of Asaram, and a third against
Asaram’s son Narayan Sai went
missing three months later and his
fate is unknown. Earlier that year, he
was stabbed outside a court in
Jodhpur city.
On April 25, Asaram, a multi-
millionaire who reportedly has 20
million followers, was sentenced to
life in prison after being found guilty
of raping a 16-year-old girl in his
ashram in Jodhpur. But in the course
of the trial, which began in 2013,
three witnesses were killed, at least
five others were attacked, one went
missing, and even senior police
officers leading the investigation said
they were threatened. The trials of
Asaram and his son in two other
cases of alleged rape of two sisters
are pending.
Asaram, until recently, counted
among his following top political
leaders of both the ruling and
opposition parties, heightening
challenges for victims of his alleged
crimes to obtain justice.
Asaram may have exceptionally
powerful connections, but as Human
Rights Watch documented in the
November 2017 report “Everyone
Blame Me” threats, intimidation, and
harassment from the accused are
routine in cases of sexual violence.
Girls and women who report such
crimes are even more at risk when
they belong to socially or
economically marginalised
communities. If the perpetrators are
influential, police too often pressure
the complainants to “settle” or
“compromise” in such cases. Such
harassment and lack of protection,
along with victim blaming and social
stigma, means many victims fail to
report rape to authorities at all.
For instance, police in UP’s Unnao
instead of prosecuting a ruling BJP
lawmaker accused in the alleged
gang-rape of a 17-year-old girl in
June 2017 arrested the victim’s
father, who died in police custody in
April 2018. The Allahabad High Court
slammed the state police for failing
to file her complaint and arresting the
accused, noting that the report by a
special investigation team ordered by
the state government found that
“medical officers and police officers
— all were hands in glove with the
accused to save them.”
Similarly, in Kathua in Jammu and
Kashmir two police officers have
been charged with trying to cover-
up evidence in the kidnapping, gang-
rape, and murder of an 8-year-old
Muslim girl in January 2017.
In August 2017, responding to a plea
from families of victims and
witnesses in Asaram’s case to seek
protection, the Supreme Court issued
a notice to all state governments to
frame a national witness protection
programme.
This was not the first time the
Supreme Court had observed that
India needed a witness protection
scheme. In 2006, the Law
Commission had noted the need to
protect witnesses and victims as well
as the identity of witnesses in case
of serious offenses, not just confined
to terrorism or sexual offenses.
Vol. XV No. 5 May 2018
“Witnesses turning hostile on account
of threats having increased in the
cases of such crimes, protection
appears to have become necessary,”
it said.
India has a conviction rate of 26
percent for rape, as compared to 47
percent for other cognisable crimes
under the Indian Penal Code (IPC),
according to 2016 government data.
One reason, activists and lawyers say,
is witnesses, far too often, change
their testimony in court because of
threats.
Both the IPC and the Protection of
Children against Sexual Offences Act
(POCSO) have provisions to protect
victims and witnesses in court such
as conducting in-camera trials,
without the presence of the media or
public. In case of children, POCSO
also provides for special courts that
should ensure that the identity of the
child is not disclosed during the
course of the investigation or trial.
However, India does not have a
national witness or victim protection
law, making witnesses and victims
vulnerable outside the courtroom.
In 2015, Delhi became the only state
to adopt a Witness Protection
Scheme. The Delhi State Legal
Services Authority (DSLSA) passes
protection orders in each case after
evaluating the threat. The police
commissioner, who heads the Delhi
police force, is responsible for the
overall implementation of the witness
protection orders. Protection
measures can include armed
protection, regular patrolling around
witnesses’ house, installing closed-
circuit television cameras, and
relocation.
Even in the absence of a witness
protection scheme, courts have
17
ordered protection for witnesses and
victims in sensitive cases or those
involving high vulnerability. However,
as the pattern of threats, attacks,
killings, and abduction in the Asaram
case shows, security is often
inadequate.
Mahendra Chawla, a former personal
assistant to Asaram’s son Narayan
Sai, is another key witness in all the
cases against father and son. In May
2015, two men on a motorbike shot
him in his village in Haryana, leaving
him partially disabled. Chawla was
attacked a day after the police
constable assigned to him was
removed for dereliction of duty,
leaving him without police protection
and vulnerable to attack. After the
attack, he was assigned three
policemen but just before Asaram’s
conviction this week, Chawla asked
for increased protection, claiming he
feared for his life.
Any successful witness protection
scheme will have to evaluate the
threat and determine the protection
needs in each case carefully, allow
for flexibility, and include regular
follow-up. At the same time, in
sensitive cases, especially of sexual
violence, the courts should record the
statements and examine the victims
and vulnerable witnesses promptly,
lessening the risk to them from the
accused.
India needs critical justice system
reforms to remove institutional
barriers for sexual violence victims.
And those, like the 16-year-old girl
in this case, who are brave enough
to confront their attackers or provide
their witness testimony against
powerful people, deserve the
protection of a witness and victim
protection law, instead of fearing
for—and sometimes losing—their
lives.
News From the National Human Rights Commission
NHRC issues notices to the
Government of Madhya Pradesh
over stamping of castes on the
bare chests of aspiring
constables from the reserved
categories
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
about the stamping of castes on the
bare chests of aspiring constables
from the reserved categories during
their medical examination at the
Dhar district hospital in Madhya
Pradesh. Reportedly, the caste
stamps were used to avoid any kind
of confusion among candidates, as
height and chest measurement
norms are different for constables
belonging to general and reserved
categories. However, candidates
from the general category were not
labeled.
The Commission has issued notices
to the Chief Secretary and Director
General of Police, Madhya Pradesh
calling for a detailed report in the
matter along with action taken against
the delinquent officers, within four
weeks.
The Commission has observed that
the contents of the media reports,
carried on the 30th April, 2018, if
true, indicate discriminatory and
derogatory treatment meted out to the
candidates, belonging to the reserved
categories. Such despicable act on
the part of the authorities cannot be
tolerated under any circumstances in
a civilized society, as it is tantamount
to violation of right to equality and
dignity.
Vol. XV No. 5 May 2018
NHRC issues notice to the
Government of Rajasthan over
reported attack by some upper
caste people on a pre-wedding
procession of Dalits in the
presence of police in Bhilwara
district
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that on the 29th April, 2018, during a
pre-wedding procession, a Dalit
family was attacked in Rajasthan's
Bhilwara district by the people
belonging to upper caste after the
groom rode a mare during the
traditional "Bindoli" ceremony, which
is observed a day before the wedding.
As per news report, four people were
injured in the presence of police
personnel, who stood mute witness
during the attack.
The Commission has issued notices
to the Chief Secretary and the
Director General of Police, Rajasthan
calling for a detailed report in the
matter, within four weeks along with
measures taken for relief and
rehabilitation of the victims.
The Commission has observed that
the incident, if true, indicates that in
spite of specific provisions under law
and awareness campaign run by the
authorities, people belonging to Dalit
community are still being subjected
to discrimination and they are not
safe even after giving prior intimation
to the police authorities. The rights
to life, liberty, equality and dignity of
the victims, belonging to the Dalit
18
community, have been grossly
violated due to inaction by the State
authorities.
According to the media report,
carried on the 1st May, 2018, the
Additional Superintendent of Police,
Bhilwara has denied the allegations
stating that seven persons have been
taken under preventive custody who
will be arrested under relevant
sections of law. He has also stated
that an FIR has been registered u/s
323, 341, 354 IPC along with relevant
sections of the SC/ST (Prevention of
Atrocities) Act.
It is also reported that in the year
2010, a similar procession during the
groom's elder brother's wedding was
also stopped by the villagers
belonging to upper caste. The victims
have also stated that they were getting
constant threats after deciding to
bring a mare for the "Bindoli"
procession. Keeping in view the
threats, an application to the police
authorities was already given but at
the time of attack, the police personnel
did nothing. The brother of the
groom has alleged that the police
watched silently as the men, armed
with sticks, stones and axes, beat
them. They also misbehaved with
women in the procession; their
clothes were also torn.
NHRC's two days 'Open Hearing
and Camp Sitting' at
Gandhinagar for the cases from
Gujarat and UTs of Daman &
Diu and Dadra & Nagar Haveli
concludes
The National Human Rights
Commission, NHRC concluded its
two day's 'Open Hearing and Camp
Sitting' at Gandhinagar, Gujarat today.
The Commission, in its four benches
presided over by the Chairperson, Mr.
Justice H.L. Dattu, Members, Mr.
Justice Pinaki Chandra Ghose and
Mr. Justice D. Murugesan, Mrs.
Jyotika Kalra heard 136 cases in the
'Open Hearing' on the atrocities and
grievances of the people belonging to
the Scheduled Caste and Schedule
Tribes communities.
Out of these, 63 cases were closed
after the reports on action taken by
the authorities were found satisfactory
and proof of payment of Rs. 4 Lakhs
was received. In 40 cases, further
reports were called. In 05 cases, the
State Government informed about
sanction of relief in accordance with
the provisions of the SC & ST (POA)
Act & Rules. The Commission
recommended monetary relief of Rs.
3.25 Lakh in some cases.
The State Government was asked to
submit a comprehensive report in a
case of alleged death of 165 persons
in manhole and non-payment of Rs.
10 lakhs as per the March, 2014 order
of the Supreme Court.
The cases of release of pensionary
benefits and other retiral benefits,
payment of wages to employees of
certain companies through Labour
Department, rehabilitation and relief
for an 11 year old rape victim, ex-
gratia relief for family of a woman,
who had died due to negligence of
doctor in Banaskantha, were also
taken up. The concerned District
Magistrates were sensitized for
counseling the local bodies and the
groups in districts, from where
complaints were received about the
prevention of Dalits entry into
temples, barber facilities and taking
marriage processions etc.
Vol. XV No. 5 May 2018
On the second day, 19 old cases were
considered during the sitting of Full
Commission. These included cases
of Silicosis deaths, deaths in hospital,
killing of tribals in district
Sabarkantha, construction of a bridge
for school going children in Junagarh
district etc. The Full Commission
recommended a total monetary relief
of Rs. 8 Lakhs in 03 cases and in
other cases, either the proof of
payment was submitted or the
payment of relief was at an advance
stage of consideration.
The Full Commission meeting was
followed by an interaction with the
NGOs and Human Rights Defenders
who raised numerous issues including
untouchability and caste based
atrocities in almost 75% of the
villages and the reluctance of the
police to register cases pertaining to
these issues. Attention was also
invited to the Forest Land issues
pertaining to Tribals, non-
implementation of the Food Security
Act and non provision of admissible
relief to the poor in Panchmahal
District, besides non-issue of job
cards under MNREGA scheme. An
issue pertaining to constructions in
Ahmedabad by Builders in violation
of laws was also raised.
The interaction with NGOs was
followed by a meeting with the Senior
Officers of Government of Gujarat
including the Chief Secretary and
DGPs and the senior officers of the
two Union Territories of Dadra and
Nagar Haveli and Daman and Diu for
sensitizing them on their role in better
protection of human rights. They
assured their full cooperation and
commitment for Protection of Human
Rights of all particularly the
marginalized sections of Society.
Earlier, inaugurating the 'Open
Hearing and Camp Sitting', Mr.
19
Justice H. L. Dattu emphasized that
such camp sittings facilitate speedy
disposal of cases. Wider interaction
with the diversse stake holders help
understand the key concerns of the
people from the marginalized sections
of society. Apart from monetary
compensation for violation of human
rights and action against the
perpetrators, the camp sittings pave
the way for expanding scope of
activities including eradication of
bonded labour, child labour, rights of
women, children, health and also
address issues of economic and
social justice. He also mentioned about
the issue of silicosis, prison reforms,
rights of elderly and mentally
challenged and physically challenged
persons besides strengthening of
partnership between the Commission,
State, Civil Society and the media.
The Chief Secretary of the
Government of Gujarat, Dr. J. N.
Singh emphasized upon the
commitment of the State
Government. The Secretary General
of the Commission, Mr. Ambuj
Sharma focused on the creation of
mass awareness for protection of
rights of all at the grass-root level.
The National Human Rights
Commission has been holding Camp
Sittings/ Open Hearings in various
parts of the country for amelioration
of the sufferings and atrocities on
Scheduled Castes and Scheduled
Tribes.
NHRC Open Hearing and Camp
Sitting at Ahmedabad from 26th
- 27th April, 2018: Cases from
Gujarat and UTs of Daman &
Diu and Dadra & Nagar Haveli
to be heard
The National Human Rights
Commission, NHRC will be holding
its two Camp Sitting/Open Hearing
for the State of Gujarat and UTs of
Daman & Diu and Dadra & Nagar
Haveli at Ahmedabad, Gujarat from
the 26th - 27th April, 2018. The
Commission will take up 155 cases
during its Camp Sitting/Open Hearing
at Gujarat Police Academy, Karai,
Gandhinagar.
The Commission has been holding
Camp Sittings/Open Hearings in
different States and Union Territories
of the country in order to hear the
complaints on the problems and
grievances of Schedules Castes and
Scheduled Tribes. The other
objective of these Camp Sittings/
Open Hearings is to sensitize the
public officers about the issues
involving human rights, meet the
representatives of local NGOs to
understand various problems related
with human rights as well as interact
with the media to spread awareness
about human rights.
Notices were published in national
and local dailies in the State of Gujarat
and UTs of Daman & Diu and Dadra
& Nagar Haveli inviting complaints
for public hearing at Ahmedabad,
Gujarat on the problems and
grievances of schedules castes and
scheduled tribes from the persons
belonging to those sects who have a
complaint of atrocity committed by
a public servant or of negligence by
a public servant in prevention of
alleged atrocity.
In addition to the complaints received
in response to the public notices, the
Commission has also decided to take
up some of the cases of Scheduled
Castes and Scheduled Tribes victims,
already under consideration of the
Commission, during its Camp Sitting/
Open Hearing. The authorities
concerned have been asked to remain
present at the time of hearing of these
cases.
Vol. XV No. 5 May 2018
The two-day Camp Sitting/Open
Hearing will begin with the
inauguration of the Open Hearing by
Mr. Justice H.L. Dattu, Hon'ble
Chairperson, NHRC on the 26th
April, 2018 at 10.00 AM at Gujarat
Police Academy, Karai, Gandhinagar.
After the inauguration, 136 cases shall
be taken up for hearing in four
benches to be presided over by
Justice Dattu and NHRC Members,
Mr. Justice P.C. Ghose, Mr. Justice
D. Murugesan and Mrs. Jyotika
Kalra. Complainants of these cases
have been requested to remain
present when their cases shall be
taken up for hearing.
On the second day of the Camp
Sitting/Open Hearing at 09.30 AM,
fourteen important cases shall be
taken up in the sitting of Full
Commission, which include cases of
Silicosis, Water pollution of River
Kalindri and Machhu-II water
reservoir of Gujarat, ostracizing of
poor people by a group of strong
people in Diu, deaths in police
custody/encounters etc.
After the sitting of Full Commission,
the Commission will have an
interaction with NGOs between 11.45
AM and 12.30 PM at Gujarat Police
Academy, Karai, Gandhinagar,
Gujarat, followed by discussion with
the Chief Secretary, DGP, DMs, SPs
and other senior civil, police and jail
officers of the State between 12.30
PM and 01.15 PM on the following
issues:
1. Atrocities on Schedules Castes
and other vulnerable sections.
2. Ostracizing of poor people by a
group of strong people in Diu.
3. Delay in payment of
compensation under SC (POA)
Rules.
4. Silicosis-Awareness, Prevention
and Rehabilitation.
20
5. Illegal mining/pollution caused by
industry.
6. Water pollution of River Kalindri
and Machhu-II water reservoir of
Gujarat.
7. Availability of Public Transport.
8. Large number of electrocution
deaths.
9. Protection of Rights of
Transgender
10.Implementation of welfare
schemes of the Central Govt. and
State Govt.
11. Public Distribution System.
12.Drinking Water.
13.Protection of rights of persons
with special needs.
14.Compliance with Commission's
guidelines on custodial/encounter
deaths
15.Delay in sending report called for
by the Commission
16.Delay in compliance of
recommendations of the
Commission
17.Child Mortality Rate.
18.Sexual offence and harassment
against women including girl child.
Issues raised by the NGOs during
interaction with them shall also be
taken up for discussion.
Later on, Hon'ble Chairperson and
Members of the Commission will
brief the media about the outcome of
the Open Hearing/Camp Sitting as
well as discussions with the NGOs
and senior officers of the State
Government for wider dissemination
of information on the human rights
issues and action taken by the NHRC
for their protection and promotion.
The media briefing will also be held
at Gujarat Police Academy, Karai,
Gandhinagar, Gujarat at 01.15 PM on
27th April, 2018.
So far, the Commission has held its
Camp Sittings/Open Hearings in the
States of Assam, Andhra Pradesh,
Andaman & Nicobar, Bihar,
Chhattisgarh, Gujarat, Haryana,
Himachal Pradesh, Jharkhand,
Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Meghalaya, Nagaland
Odisha, Punjab, Rajasthan, Tamil
Nadu, Telangana, Uttar
Pradesh,Uttarakhand and at
Chandigarh for the States of Punjab,
Haryana, Himachal Pradesh and UTs
of Chandigarh and Puducherry.
A Camp Sitting/Open Hearing for the
States of Andhra Pradesh, Karnataka,
Kerala and Tamil Nadu was held
jointly at Bengaluru in September,
2010. Another joint Camp Sitting/
Open Hearing for the States of
Haryana, Himachal Pradesh, Punjab
and UT of Chandigarh was held at
Chandigarh in November, 2014. A
joint Camp Sitting/Open Hearing for
the States of Andhra Pradesh and
Telangana was also held at Hyderabad
in April, 2015. The Commission also
held an Open Hearing in its office at
Manav Adhikar Bhawan, New Delhi
to hear complaints received from
Meerut region of Uttar Pradesh.
Besides, the Commission also
organized one Regional Public
Hearing on Right to Health Care in
collaboration with the Jan Swasthya
Abhiyan (JSA) at Mumbai on 6th-7th
January, 2016 for the States of
Gujarat, Maharashtra, Rajasthan, Goa
and Union Territories of Daman &
Diu and Dadra & Nagar Haveli.
NHRC opens entries for its first
Street Theatre Festival and
Award Scheme-2018: Last date
31st July, 2018
The National Human Rights
Commission, NHRC, India has
opened the entries for its first 'Street
Theatre Festival and Award Scheme-
2018'. The aim is to recognize,
encourage and promote the creative
methods of the Indian citizens for
Vol. XV No. 5 May 2018
communication through street plays may also be educative and informative
in order to build awareness about the about the human rights violations and
protection and promotion of human their redressal mechanism in the
rights. country and challenges being faced
by those involved in the promotion
The inaugural run of the competition and protection of human rights.
is open for the participation of the
college theatre groups as well as The detailed terms and conditions of
registered theatre groups of Delhi- the competition along with the
NCR region with their street plays in application form can be downloaded
the contemporary spoken Hindi only. from the Notice Board on the home
The last date to receive entries is 31st page of the website of the
July, 2018 till 05.00 p.m. Commission, www.nhrc.nic.in. For
any further queries, the Deputy
The groups whose street plays will Director (Media & Communication),
be shortlisted for performance will NHRC can also be contacted.
be paid Rs. 25,000/- each to meet
various expenditures towards the
production cost etc apart from the
participation certificates. Besides this,
the three best performances for the
first, second and third positions will
Support us for the
be given the prize money of Rs.1 creation of a just and
lakh, Rs.60 thousand and Rs.40
thousand respectively along with
equitable society
certificates and trophies.
The themes of the street plays could
be broadly-based on various socio-
economic, cultural and political rights
within the ambit of right to life, liberty,
equality and dignity and covering
issues specific to bonded and child
labour, women & children's rights,
rights of elderly persons, disabled
rights, right to healthcare, issues of
fundamental freedoms, human
trafficking, domestic violence,
human rights violation due to police
atrocities, custodial violence and
torture, socio-economic disparities,
Visit our
rights of indigenous people, prison social media page at :
reforms, right to education, right to https://
clean environment, right to work,
right to equality before law, right to www.facebook.com/
food and nutritional security, various humantouchmagazine/
human rights violations and their
redressal mechanism. for online
human rights updates.
The NHRC is completing its silver
jubilee in 2018, hence street plays
21
 International Human Rights Update
Mozambique’s Veteran
Opposition Leader Afonso
Dhlakama Dies
Afonso Dhlakama, the leader of
Mozambique’s main opposition party
and former rebel group, Mozambican
National Resistance (Renamo), died
today after an illness, party sources
have confirmed.
Dhlakama, 65, had been living in the
Gorongosa mountains, in the central
province of Sofala, since October
2012. In Gorongosa, he had set up a
camp for hundreds of his followers
and former militia to fight the
government if his political demands
were not met. He called for free and
fair elections, a better share of the
country’s resources, control of some
Mozambican territory, and the
appointment of Renamo members to
senior positions in the security and
defense forces.
In April 2013, Renamo attacked a
police station in the central town of
Muxungue. This marked the start of
sporadic attacks on government
positions and civilian entities,
including hospitals and public
transport, raising fears that
Mozambique would return to civil
war.
Dhlakama succeeded Renamo’s first
leader, André Matsangaissa, who was
killed by Mozambican government
forces in 1979. Under Dhlakama’s
command the group controlled large
parts of the country and carried out
raids often marred by serious human
rights abuses, including
assassinations, torture, and sexual
violence.
Vol. XV No. 5 May 2018
In October 1992, Dhlakama signed a
peace deal with the government, and
transformed Renamo into a political
party, which now holds 89 out of the
250 parliamentary seats contested in
October 2014.
Human Rights Watch documented
numerous abuses by Renamo in
Mozambique’s central provinces
from November 2015 until a ceasefire
in December 2016, including political
killings, attacks on public transport
and looting of health clinics. No one
has been held responsible for those
crimes.
His death and the lack of a clear
Renamo succession plan bring
uncertainty to the political
environment and raise critical
questions about the next leader’s
ability to control hundreds of armed
men in the bush and negotiate a lasting
peace agreement.
Dhlakama was a guerrilla leader who
for decades allowed his forces to
commit serious human rights
violations with impunity. He was also
a political leader who used
unconventional and at times violent
means to challenge the political
control and abuses of the Frelimo-
led government.
“Enemy of the people” is how more
than 50 percent of Republicans see
the media, according to a US poll.
Two reporters are detained in
22
Myanmar for investigating a
massacre, one of two independent
daily newspapers in Hungary
closes, and in Afghanistan, nine
journalists are killed covering a
bombing. Animosity toward
journalists is growing worldwide as
we mark World Press Freedom
Day.
Governments the world over want to
control the media – without an
inconveniently free press, officials
find it easier to do what they want.
They can claim almost 100 percent
literacy rates, squander national assets
on mansions abroad, forcibly
disappear opponents, and hide
infectious disease outbreaks or critical
health data.
There are many ways to suppress the
media, all of which encourage self-
censorship. Dozens of countries jail
journalists on dubious grounds of
protecting national security, with
Turkey atop this dismal league.
Others use overbroad laws to silence
criticism, including imprisoning
journalists and bloggers for
“defamation” which resulted in a
Myanmar poet being jailed after
writing, “On my manhood rests a
tattooed/portrait of Mr President.” In
many countries it’s unlawful to insult
the leadership, be it the president, the
king, the “father of the nation,” or
the military. Singapore bans
“scandalizing the judiciary” and
Bahrain punishes “offending a
foreign country.” Bureaucratic
tactics also include burdensome
regulations on pesky outlets and
threats to withhold government
advertising or limit license approvals.
The countries with the tightest media
controls are North Korea and Eritrea,
say press freedom groups.
If legalistic strategies don’t work,
governments try threats, violence,
imprisonment, or murder.
We know autocrats target the media;
what’s especially disturbing today is
that democratically elected leaders are
following suit. US President Donald
Trump’s expressed disdain for the
media is so severe that press freedom
groups created the US Press Freedom
Tracker to monitor legal and physical
threats facing journalists in the land
of the First Amendment, which reads
“Congress shall make no law ...
abridging the freedom of speech, or
of the press.”
Trump’s characterization of any
reporting he doesn’t like as “fake
news” has been seized upon and
echoed by authoritarian circles in
Syria, Venezuela, Libya, Somalia, and
beyond. The Russian Foreign
Ministry has a “fake news” web page
that denounces critical foreign
coverage and promotes conspiracy
theories about “the Western media.”
Malaysia has just convicted the first
person charged under its new “fake
news” law.
It’s not only in war zones and
dictatorships that journalists take risks
to hold those in power to account.
And independent media are
fundamental not only to a well-
functioning democracy, but to
anyone who wants to know whether
tap water is safe for your kids to
drink, if veterans are getting proper
medical care, if the women in your
life face sexual harassment at work
or sexual assault on campus, or if the
land you live on has been poisoned
by industry. So today, stand up for a
free press.
Vol. XV No. 5 May 2018
Kenyan Media Has Little to
Celebrate on Press Freedom Day
Kenya joined the rest of the world to
celebrate freedom of the press this
week under a hostile and uncertain
environment for the media. Despite
numerous public promises by
President Uhuru Kenyatta to
safeguard press freedom, the situation
has continued to deteriorate as police
and senior state officials increasingly
get away with physical attacks or
open threats to journalists writing on
sensitive issues.
The period around August 2017’s
disputed presidential elections was
particularly challenging for the media.
But while political tensions have eased,
the ability of journalists to report and
comment freely continue to be
undermined by state officials.
On March 26, 2018, Kenyan media
reported that anti-riot police
physically attacked journalists,
including Citizen TV’s Stephen
Letoo and NTV cameraman, Robert
Gichira, as they reported on the
airport scuffle that ensued during
deportation of opposition lawyer,
Miguna Miguna.
On January 30, the government
switched off three television stations
that defied a state directive not to
accord live coverage to Raila Odinga’s
mock swearing in.
On January 6, an audio recording
surfaced, apparently of a senior
government official, threatening
Daily Nation journalist, Justus
Wanga, over a story, including a
threat to have Wanga fired. Earlier,
on November 18, 2017, an audio
recording surfaced apparently of
another senior state official
threatening KTN journalist, Mark
Nabiswa, over his live coverage of
opposition leader, Raila Odinga.
23
On August 12, according to Standard
newspaper, police arrested Kenya
Television Network (KTN) journalist
Duncan Khaemba while reporting on
violent post-election protests in
Nairobi’s Kibera slum for allegedly
possessing a helmet and body armor
without a proper license. The same
month, police snatched the phone of
Simon Achola, a reporter with
government-owned Kenya
Broadcasting Corporation (KBC) and
deleted his photographs of the August
protests. Also in August, police
harassed reporters from the privately-
owned Citizen Television at the
Miruka Hotel, Kisumu, and injured at
least two international journalists,
according to the Committee to
Protect Journalists.
These cases appear to suggest that
patterns of abuse of journalists that
Human Rights Watch and Article 19
documented countrywide in a joint
May 2017 report have continued. We
found that Kenyan police rarely
investigated cases of threats,
intimidation, and physical attacks
against journalists.
Kenyan authorities should ensure full
respect for international law by
allowing open reporting and
commentary on any issues of
pressing public interest. Unless they
do, Kenyan media and journalists
have more to worry about than to
celebrate during this year’s World
Press Freedom Day.
EU Looks to Rein in Funding to
Abusive EU Governments
It’s not every day the European
Commission proposes something
truly ground-breaking.
But yesterday, when the EU
announced a new plan to link EU
funds given to member states to the
health of their judiciary, it did just that.
The plan calls for states receiving
funds to uphold judicial independence,
functioning courts, and the rule of
law.
Historically, richer EU countries have
transferred money to poorer ones
through cohesion funds. Hungary is
one of the largest net per capita
recipients of EU funding, and Poland
is the largest overall net recipient. But
their governments have recently
weakened democratic checks and
balances, undermined judicial
independence, and sought to curb
civil society groups and independent
media – all moves that are hostile to
EU values.
If agreed to, this measure could be a
new tool to hold governments like
those currently in power in Hungary
and Poland to account.
It would allow the EU to “suspend,
reduce or restrict access to EU
funding” to a member state over rule
of law failings. The logic is that an
independent judiciary that protects the
rule of law is a necessary condition
to ensure EU taxpayers’ money is
used responsibly.
The measure would take effect
during the 2021-27 budget cycle. A
decision to suspend or cut funds
would be proposed by the
Commission and could only be
blocked if a majority of member
states agreed.
The rule, applicable to all member
states, should not just be tied to
functioning courts, but also to
democratic checks-and-balances,
and a free media and civil society that
can investigate public policies and
funding. The EU should also make
sure withholding funding doesn’t
harm the economic and social rights
of people living in those countries.
Vol. XV No. 5 May 2018
Poland’s government has been
criticized for pushing through as
many as 13 laws that weaken its
judiciary. And in addition to
Hungary’s weakening of its
constitution and crackdown on free
media, the European Union’s anti-
corruption agency is investigating the
fraudulent use of EU funds there.
The EU is already moving down a
path that could potentially strip Poland
of EU voting rights, and the European
Parliament has recommended the
same for Hungary.
Getting agreement on this new rule
of law measure is tied up with wider
budget negotiations, so it will not be
easy. But if it goes ahead, it could be
a game-changer for defending rule of
law and human rights in the EU.
The prosecutor ’s office at the
International Criminal Court (ICC)
has important leverage to encourage
countries to investigate and prosecute
grave international crimes, Human
Rights Watch said in a report released
today.
The 181-page report, “Pressure
Point: The ICC’s Impact on National
Justice,” examines aspects of the ICC
Office of the Prosecutor’s practices
in its preliminary examinations, which
determine whether the court’s criteria
to open a full investigation are met.
Human Rights Watch found serious
obstacles to justice in national courts,
and mixed success in spurring
progress in domestic prosecutions
through the office’s interactions with
authorities in Guinea, Colombia,
Georgia, and the United Kingdom. But
Human Rights Watch concluded that
the office’s engagement can help
make an important contribution.
“Twenty years after the Rome treaty,
the ICC’s burgeoning caseload and
24
limited resources underscore the
need for fair and effective domestic
prosecutions,” said Elizabeth
Evenson, associate international
justice director at Human Rights
Watch. “More ICC member countries
should support the prosecutor’s
efforts to encourage successful local
proceedings.”
The report draws heavily on Human
Rights Watch interviews with more
than 140 government officials,
representatives of nongovernmental
and intergovernmental organizations,
and ICC officials.
The ICC is a court of last resort,
stepping in only where national
authorities are unwilling or unable to
genuinely prosecute serious
international crimes. The ICC’s
limited resources mean that even
where the court opens investigations,
it should work with national
authorities to bolster domestic cases
to promote a comprehensive
approach to justice.
The ICC prosecutor can have
particular influence during
preliminary examinations, a step
before the opening of a formal ICC
investigation. These examinations can
propel countries to pursue their own
investigations and prosecutions,
eliminating the need for the ICC to
step in, Human Rights Watch said.
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for online
human rights updates.
 Invisible Victims of Sexual Violence:
Access to Justice for Women and Girls with Disabilities in India
I
n June 2013, Chandra, a 12-year-
old girl with cerebral palsy, was
kidnapped, raped and left bleeding
in a field near her home in West
Bengal state, India. Chandra was
unable to speak, sit, stand, or walk
independently, so she could not call
for help or go home. After several
hours, some villagers found Chandra
in the field. She died a few months
later due to health complications.
Women and girls with different
disabilities face high risk of sexual
violence in India. Those with physical
disabilities may find it more difficult
to escape from violent situations due
to limited mobility. Those who are
deaf or hard of hearing may not be
able to call for help or easily
communicate abuse, or may be more
vulnerable to attacks simply due to
the lack of ability to hear their
surroundings. Women and girls with
disabilities, particularly intellectual or
psychosocial disabilities, may not
know that nonconsensual sexual acts
are a crime and should be reported
because of the lack of accessible
information.
Access to justice is particularly
difficult for women and girls with
disabilities largely due to the stigma
associated with their sexuality and
disability. As a result, they often do
not get the support they need at every
stage of the justice process: reporting
the abuse to police, getting
appropriate medical care, and
navigating the court system. As
former chairwoman of the National
Commission for Women, Lalitha
Kumaramangalam, said in December
2015: “One of the biggest challenges
Vol. XV No. 5 May 2018
for women [with disabilities] is
access [to services], not just physical
but access across the board.”
After the fatal gang rape of a young
woman in Delhi in December 2012,
sexual violence against women in
India came under a global spotlight.
The government responded to the
public outrage and civil society
protests by strengthening laws—
known as The Criminal Law
(Amendment) Act, 2013 (the 2013
amendments)—against sexual
violence, which it declared its intent
to enforce.
The amendments include several
provisions to safeguard the rights of
women and girls, including those
with disabilities, and facilitate their
participation in the investigative and
judicial processes. For example,
women and girls with disabilities have
the right to record their statement
with police in their home or a place
of their choice, and the right to
assistance by an interpreter or support
person when the complaint is
recorded and during trial. The
protections also apply to women who
are seriously physically hurt or who
have a temporary disability.
This report, based on 17 cases of
sexual violence against women and
girls with disabilities, comes five
years since these amendments were
adopted, and follows Human Rights
Watch’s November 2017 report
“Everyone Blames Me”: Barriers to
Justice and Support Services for
25
- Abhishek Kumar Mehan
Sexual Assault Survivors in India,
which found that rape survivors still
face significant barriers obtaining
justice and critical support services
because legal and other reforms have
not been fully realized.
This report finds that while the 2013
amendments have made significant
progress in responding to the
widespread challenges that victims of
sexual violence endure, they have yet
to properly develop and implement
support for survivors with disabilities
in the form of trainings and reforms
throughout the criminal justice
system. It highlights gaps in
enforcement and calls for concrete
measures to address the needs of
women and girls with disabilities
seeking justice for abuse.
These women should no longer
remain the invisible victims of sexual
violence.
Reporting Sexual Violence
In 2013, Kanchana, a 19-year-old
woman with an intellectual disability
from a village in Hooghly district in
West Bengal, was raped on multiple
occasions by a man from her
neighborhood. Kanchana was
unaware that she should report that
she was raped, which was only
discovered when she was discovered
to be five-months pregnant. Even
then, it was difficult for her to explain
what had happened.
This is not unusual. Globally, women
and girls with disabilities face unique
barriers to reporting that hinder their
access to redress. Indian authorities
acknowledge this problem.

According to the 2014 Guidelines and
Protocols for Medico-Legal Care for
Victims/Survivors of Sexual Violence
issued by India’s Ministry of Health
and Family Welfare, women and girls
with disabilities face particular
barriers to reporting sexual abuse
Yet, the government has no system
to even register attacks against
women and girls with disabilities, let
alone formulate strategies and
mechanisms to respond to their
particular needs. A 2014 report by the
United Nations Special Rapporteur on
violence against women, Rashida
Manjoo, following her visit to India,
said a consistent lack of
disaggregated data collection “renders
the violence committed against
women with disabilities invisible.”
Interacting with Police
Women and girls with disabilities may
require accommodations—distinct
types of support depending on their
disabilities—that are procedural and
age-appropriate. This may include
Vol. XV No. 5 May 2018
access to sign-language
interpretation, the presence of
someone to facilitate communication
(“special educator”), the use of
simple language, and the option to file
reports in braille.
However, this support is often not
available in India, even though the
2013 amendments and the Protection
of Children from Sexual Offences
Act, 2012, (POCSO) mandate these
provisions. Most police do not have
the training or expert support to
handle such cases.
In Delhi, Pooja, an 11-year-old girl
with an intellectual disability, was
taken to the police station in August
2013 by her father after she was
allegedly raped by a neighbor. The
police brought in a sign language
interpreter to assist the interviewee,
but Pooja cannot speak due to a
neurological condition; she is not deaf
and has no knowledge of sign
language. Though the investigating
police officer tried to do the right
26
thing by calling a support person,
lacking access to proper guidance
from a special educator, he
misinterpreted Pooja’s intellectual
disability.
In some cases, Human Rights Watch
found that women and girls were
excluded from accommodations on
the basis of their inability to certify a
disability. Even in cases where
women and girls had visible physical
disabilities or identified their
disabilities, police failed to include
specific details in the First
Information Report (FIR), the
document that sets the criminal justice
process in motion. Lack of
documentation in police reports
precludes women and girls with
disabilities from receiving specific
need-based support from the police
and judiciary.
Maneka, a 15-year-old girl from Delhi
with both an intellectual and physical
disability, reported being raped by
two men from her neighborhood in
October 2015. Although Maneka’s
family conveyed her age and
disabilities to the police, the FIR
noted her age as over 18 and did not
include her disability. As a result, she
did not receive protections under
POCSO or the 2013 amendments.
The police’s failure to document
Maneka’s intellectual and physical
disabilities also undermined the
process of evidence collection.
Maneka’s lawyer said that when she
gave her statement to police, the
investigating officer did not provide
her with accommodations as required
by law, such as support from a
special educator. Maneka’s lawyer
also said that the police failure to video
Maneka’s statement—an
accommodation to reduce trauma
from repeated testimony— has added
to the challenges in litigating her case.
Problems Accessing Medical Care
In cases of sexual violence, immediate
medical attention and examination can
both identify urgent medical needs and
facilitate timely evidence collection.
India’s Ministry of Health and Family
Welfare issued Guidelines and
Protocols for Medico-Legal Care for
Victims/Survivors of Sexual Violence,
which include requirements for the
medical examination of women and
girls with disabilities like providing
accommodations like a special educator
to take consent and medical histories.
The failure of many medical
professionals to adequately explain
medical tests and procedures and
ensure that women and girls with
disabilities are comfortable with the
process may add to the trauma of
sexual violence. For instance,
Soumya said that her daughter
Maneka, whose case is discussed
above, was isolated from her family
in the hospital and subjected to tests
she did not understand.
Navigating the Judicial Process
The judicial process in India is slow
and traumatic for many victims of
crimes. However, unfamiliar and
stressful court environments present
a heightened challenge for women
and girls with disabilities, especially
during protracted legal cases. Lack
of information among women and
girls with disabilities and their families
about their legal rights, including the
right to legal representation, prevents
many from advocating for their
needs.
Difficulties in Obtaining
Compensation
Indian law and policies require that
all state governments facilitate
compensation, including interim relief
in cases where no trial takes place
because the offender cannot be
traced or identified.
Vol. XV No. 5 May 2018
It was found that even in cases of
extreme violence, trauma and
economic hardship resulting from
childbirth, women and girls with
disabilities had difficulties in
securing compensation from the
court or the Criminal Injuries
Compensation Board. Local activists
said that there is no set standard, and
amounts are often determined
arbitrarily, vary between states, and
can be driven by media publicity.
In 2014, in a remote village in Hooghly
district, West Bengal, Noori, a 23-
year-old Muslim woman with
cerebral palsy and other disabilities—
including the inability to speak or walk
without a stick—was gang raped by
three neighbors until she lost
consciousness. Noori applied for
compensation to cover her medical
expenses, but more than three years
later had yet to be awarded
compensation.
Even when compensation has been
awarded, the money may not reach
the person in need. In August 2014,
in a village in Herbertpur,
Uttarakhand, Razia, a 13-year old girl
with an intellectual disability and
difficulties speaking, was raped by
her younger brother’s 17-year-old
tutor. With the support of the Latika
Roy Foundation, an organization
working with children and adults
with developmental and other
disabilities, Razia and her family
pursued justice via the courts and was
granted compensation of two lakh
rupees.
Compensation is particularly
important for women and girls with
disabilities and their families,
especially those who live in rural areas
or are from marginalized
communities. In 2014, Diya and
Kanchana applied for compensation
under a West Bengal scheme. After
27
Kanchana decided to carry her son
to term, Diya had no choice but to
leave her work. Now, as the primary
caregiver for her daughter and
grandson, she cannot leave home.
Four years later, the case has been
closed and their application for
compensation is still pending.
India’s political and administrative
leadership has repeatedly expressed
concern over sexual violence and has
said it is committed to reforms. The
government has also taken pride in
its efforts to protect the rights of
persons with disabilities.
In 2007, India ratified the Convention
on the Rights of Persons with
Disabilities (CRPD). Under the treaty,
states are obligated to “ensure effective
access to justice for persons with
disabilities on an equal basis with
others, including through the
provision of procedural and age-
appropriate accommodations, in order
to facilitate their effective role as direct
and indirect participants, including as
witnesses, in all legal proceedings,
including at investigative and other
preliminary stages.”
In December 2016, India’s parliament
adopted the Rights of Persons with
Disabilities Act, which protects all
persons with disabilities from abuse,
violence and exploitation, and articulates
specific measures to be taken by
appropriate government officials,
executive magistrates and the police.
While these are important steps,
much more remains to be done to
reform the criminal justice system
and ensure equal access to justice,
including through accommodations,
for women and girls with disabilities
who are survivors of sexual violence.
These cases should no longer remain
in the shadows.
- Source: HRW

Corporate Charity & Social Responsibility
C
orporate governance is a new
buzzword of the town. Every
business house irrespective of
its size and operation is indulging in a
kind of charity or social responsibility
projects to have good public image.
It is considered utter need of public
relations too. CSR focuses on Rural
Transformation, Education, Health,
Urban Renewal and Arts, Culture &
Heritage. Running hospitals, schools,
societies and NGOs under the name
of big corporate house is a common
thing now.
Even if you buy a single product of a
corporate house a single penny is
promised to go for charity and helping
poor children for free education and
helping homeless. P&G, Johnson and
Johnson, Hindustan Unilever, Amway
etc all big names are into the race.
Each corporate house is coming up
with an innovative idea of charity to
be a flag bearer in the race. Earlier
Corporate social responsibility project
was considered as unproductive
expenditure but now it is a need of
hour.
CSR, or corporate social
responsibility is for new-age
corporations the world over and for
India Inc.. While many Indian
companies and business houses have
always maintained a certain level of
commitment to social and charitable
causes, in recent years many have
had to hunker down as bottom line
obsessed market analysts took
quarterly pot-shots at all that. Now
that’s changing and, with it, India
Inc’s corporate citizens are proudly
waving the CSR flag. CSR looks
great on company mission statements
Vol. XV No. 5 May 2018
CSR:
and value codes.
Corporate social responsibility is a
form of corporate self-regulation.
CSR policy functions as a built-in,
self-regulating mechanism whereby
a business monitors and ensures its
active compliance with the spirit of
the law, ethical standards, and
international norms. CSR is a process
with the aim to embrace responsibility
for the company’s actions and
encourage a positive impact through
its activities on the environment,
consumers, employees, communities
and all other members of the public
sphere.
The term corporate social
responsibility came into common use
in the late 1960s. CSR is titled to aid
an organization’s mission as well as
a guide to what the company stands
for and will uphold to its consumers.
A more common approach to CSR is
corporate philanthropy. This includes
monetary donations and aid given to
local and non-local non profit
organizations and communities,
including donations in areas such as
the arts, education, housing, health,
social welfare, and the environment,
among others, but excluding political
contributions and commercial
sponsorship of events.
Success of CSR projects in an area
is measured in a local community’s
by acceptance or approval of a
company’s project or ongoing
presence in an area. It is increasingly
28
- Akansha Vinay Agarwal
recognized by various stakeholders
and communities as a prerequisite to
development. CSR works on trust-
based relationships. CSR is effective
and workable by formulating timely
and effective communication,
meaningful dialogue, and ethical and
responsible behaviour. CSR
programs are undertaken by
companies for the commercial benefit
they enjoy through raising their
reputation with the public or with
government. Societal and
governmental bodies pressurise
companies to behave in a socially
responsible manner by acting for
CSR. The issue of CSR diversity is
produced through the perpetual
differences embedded in the social,
political, cultural, and economic
structures within individual countries.
CSR has inspired national
governments to include CSR issues
into their national public policy
agendas. The increased importance
driven by CSR, has prompted
governments to promote socially and
environmentally responsible
corporate practices. CSR is done in
indirect way like this way also, for
instance, procurement of Fair Trade
tea and coffee has been adopted by
various businesses including KPMG
¬To name a few big multi national
and national corporate stars are
having CSR in their business books
as compulsory activity. The example
is of Aditya Birla Group. Aditya Birla
¬Memorial Hospital, named after late
Aditya Birla and funded by Birla
family’s foundation is good example
to cite. In this hospital, about 15%
of the beds are reserved for the poor,
who are treated largely for free. The
Aditya Birla Centre for Community
Initiatives and Rural Development,
is the philanthropy arm of the Aditya
Birla Group owned by the Birlas.
Apart from hospitals, the centre runs
3,500 medical camps annually,
where 3 million patients are treated
and surgeries for ailments such as
cataracts and cleft lip are performed.
It also operates 20,000 booths
providing polio vaccines to children.
Education is second priority of the
foundation, it runs 42 schools near
the group’s factories, mostly in the
rural hinterland. More than a third
of the 45,000 children studying in
the Birla schools get a free
education.; it has 53 factories in
India. The centre’s reach across
India is enormous—it has a presence
in 3,700 villages and claims to have
made an impact on 7 million lives.
Some 250 Birla executives help
oversee a network of 3,000 staff in
the field.
Not even in the arena of private
ownership ,Birla group is working for
public domain as well. The centre is
collaborating with the government. In
Rajasthan, where Birla’s cement
plants are situated, the centre helped
build a massive kitchen. It now
prepares 30,000 meals daily as part
of the state government’s free lunch
program for poor kids in public
schools. Two more kitchens are
being built in Odisha. Birla mandir in
each of their city is one of the example
of heartful charity by the group. The
group spends a lot on scientific
institutions and are active in the
educational field.
The main expenditure of the group
is on rural development, including
community health, women and
children, with concentration on basic
education and vocational training.
Other efforts include drinking water,
irrigation and farming. Reliance
Vol. XV No. 5 May 2018
Industries has been a major spender
in this regard and the scope of its
activities covers various fields. The
company spends crores of rupees
every year on its various projects.
Some of the other leading spenders
include Infosys Technologies and
HDFC.
Mahindra & Mahindra has a KC
Mahindra Education Trust, which
promotes education at various levels.
Another example is the Piramal
group, which runs several schools
in rural Rajasthan and a hospital in
Mumbai. Several of the different
Birla groups also fall into this
category. HLL had constructed a
new village Yashodadham,
comprising 289 houses, in Gujarat.
In addition, it runs and integrated
rural development programme in
Etah, UP, supports Asha Dan, a home
for abandoned special children in
Mumbai, and Ankur, a centre for
education of handicapped children in
Assam.
Even the biggies like Tata is also not
far. The areas of activity for the group
charitable work include environment
protection and children’s education.
Tata Group has donated a 2.20 billion
to the prestigious Harvard Business
School (HBS) to build an academic
and a residential building on the
institute’s campus in Boston,
Massachusetts. The new building will
be called the Tata Hall and used for
the institute’s executive education
programmes. The amount is the
largest from an international donor in
the business school’s 102-year-old
existence. Another CSR of TATA is
Tata swach which means “clean” in
Hindi and would cost less than 1000
rupees.
The idea of Tata swach was thought
of from the 2004 tsunami in the
Indian Ocean, which left thousands
29
of people without clean drinking
water. This device has filters that last
about a year long for a family of five.
It is a low-cost product available for
people who have no access to safe
drinking water in their homes. The
advantage of this device is that it
does not require the use of electricity.
TCS designed and donated
innovative software. Reliance
Industries limited has provided
impetus to various philanthropic
initiatives of RIL, Reliance Foundation
(RF) was set up in 2010 as an
expression of its vision towards
sustainable growth in India. Reliance
Foundation has cumulatively touched
the lives of 4 million people in over
5000 villages and various urban
locations.
To integrate poor and under
privileged sections of society into
mainstream development process of
the country RF works for Rural
Transformation, Education, Health
(Drishti Programme has supported
more than 12,000 cornea transplants,
Urban Renewal and Reliance
Foundation helps support initiatives
to protect and promote India’s
priceless art, culture and heritage.
The Foundation also works in tandem
with government programmes to help
deliver the intended benefits to the
lowest strata of the society, besides
empowering the recipients through
Information Services to avail of
maximum possible benefits.
If these CSRs are undertaken
seriously and whole heartedly and
every big biztycoon tries to help under
privileged section of society then we
might not need to have figures high
for data collection for the study on
poor and homeless and not so
privilieged sections.
- The author is a freelance
journalist.
 Indirect Reservation:
Best Way to Achieve Conflict-free Society
- Dr. Prem Kumar Sinha

An innovative approach, herein after referred to as indirect reservation, is advocated for easing out tension
which is brewing up among forward and backward groups of people in various countries of the world. It will
expedite pace of empowerment of weaker sections by gently prodding them to improve their performance level.
Moreover, it will, also, gradually diminish the intensity of conflicts among the various stake holders. In the
proposed system of indirect reservation, candidates of weaker sections will have considerably higher motivation
to improve upon their performance. Thereafter, in due course of time, the need for this reservation (preferential
treatment) will itself fade away, without causing any commotion in the society. Moreover, by the early empow-
erment of the people of the weaker sections, productivity and prosperity of the society will increase at a faster
rate which will bring enhanced cheers to all.

The aforesaid scheme of indirect
reservation is formulated below, in
the context of India which can be
applied in other countries, too, to
narrow down the gap in the
achievement levels of different
groups of people:
Of late, India has witnessed large-
scale unrest and agitations due to
demands by various groups of people,
for securing reserved quota for
candidates of their castes, for
admission in government-aided
educational institutions and for jobs
in government organizations.
Consequently, clashes are being
witnessed between those groups who
have already been notified in reserved
categories, such as Scheduled Castes
(SCs), Scheduled Tribes (STs) and
Other Backward Castes (OBCs); and
those groups which aspire to be
included in the aforesaid categories
so that they could also reap the
benefit of preferential treatment
which is bestowed on the candidates
of reserved categories. It is because
the former groups feel that the latter
ones will start competing with them
for a share in the welfare schemes
which are exclusively meant for
them. Therefore, the issue of
reservation (preferential treatment to
some selected groups of people for
any reason whatsoever) should be
tackled intelligently so that the
remaining people (who are deprived
of this kind of preferential treatment)
do not feel so much demoralized and
hurt that they start demanding
reservation for themselves and in the
process vent their anger through
violent agitations.
In India, vote-bank equations compel
political parties to desist from raising
any issue or argument which may be
termed as anti-reservationist and thus
could be used by their opponents
against these parties. Such
constraints have effectively put a lid
on initiating pragmatic measures,
which could provide sustainable
stimulus to the people of the weaker
sections for their early empowerment
and simultaneously shake off their veil
of complacency, which has
somehow crept in due to reservation-
related policies.
It is apparent that schemes like
reservation for the weaker sections
of society were instituted to provide
initial push to the people who have
remained oppressed and marginalized
for centuries in India due to caste-
based excesses of dominant sections.
But I feel that it might not be the
intention of the framers of the
Constitution of India that to
compensate the centuries-old
oppression of weaker sections, now
reverse wave of oppression be
created whereby people of present
generation of some other sections be
penalized for the excesses committed
by their forefathers. Since such a
judicial system which demands an
eye for an eye cannot be
contemplated in a civilized society.
No one stresses openly that
intervention through reservation for
weaker sections should remain in
force for all times to come. Even the
framers of Constitution contemplated
that the tool of reservation should
remain operative initially for ten years,

Vol. XV No. 5 May 2018 30


thereafter, its utility should be probed.
However, even after six decades of
the Independence, no one thinks that
the concept of reservation has
achieved the purpose for which it was
instituted and thus it can be shed
away, now. From this, one can
conclude that the people of weaker
sections could not attain parity even
after six decades. Thus the noble goal
of reservation as an affirmative
action for a limited period to bring
forward the weaker sections of
people who are socially and
economically backward by giving
them a gentle push, has not
succeeded so far, which the
Constitution framers thought, might
make a significant impact in ten years.
In the Pre-reservation Period, people
wanted to get rid of backward group
tag but now during the Post-
reservation Era, even those people
who were earlier considered
belonging to forward groups, claim
that they are backward so that they
could also enjoy protection enjoined
under reservation. When more and
more people seek to be categorized
Vol. XV No. 5 May 2018
as backward instead of forward, one
is tempted to think that India is
moving backward as more and more
people are becoming backward.
Therefore, if we are to create an
egalitarian society, early, where all the
people enjoy equitable status and have
equal opportunity to achieve
prosperity, we will have to shed away
the temporary crutches of reservation
sooner than later, otherwise the
prolonged use of these crutches will
incapacitate Indian society for ever.
And we will end up with a caste-based
fractured society whose various
groups of people will ever remain
suspicious of each other and social
strife will be witnessed every now
and then.
Since reservation is one of the most
sensitive and hottest issues in India,
a sudden change in present frame
work of reservation is almost
impossible.Thus need of the hour is
that we should take such steps which
would protect the weaker sections of
society and simultaneously empower
them so much that the need for
31
reservation itself fades away
gradually. Only, thereafter, the real
equality among all citizens of the
country can be materialized.
Therefore, at this point of time, we
should not argue whether we should
have reservation for the weaker
sections or not, as it will stir the
hornet’s nest. Instead, we should
proceed to provide indirect
reservation to the candidates of SCs/
STs/OBCs categories, without altering
their quota share under reservation.
For this purpose, we should find out
from existing data, say, of last five
years that what was the median of
achievement level of successful
candidates of the four categories of
people, viz., GN (General)/SCs/STs/
OBCs, in various reputed public
examinations, which are held for
granting admission in government-
institutions of higher learning and
which are held for finalizing selection
in jobs in government-organizations.
The main idea of choosing data of
reputed examinations is that their
objectivity level is high and secondly,
these have a large data base, thus their
data will be more reliable statistically.
Differences in medians of (i) GN
category and SC category, (ii) GN
category and ST category, and (iii)
GN category and OBC category, will
give a fairly clear picture with regard
to the levels of difference in the
performance of SC/ST/OBC category
candidates vis-à-vis GN (general)
category candidates. Then instead of
assigning direct quota for the
candidates of various reserved
categories, we can give an additional
weightage, equivalent to the
difference observed in the medians
of achievement level of candidates of
these categories vis-à-vis the median
of achievement level of candidates of
GN category. Thereafter, a combined
merit list of all candidates can be
made for the purpose of selection for
admissions as well as jobs. This
system will have many benefits some
of which are mentioned below:
• This will unleash spirit of
competitiveness and the people
of every category will try to
improve upon their performance
as it will enhance their chance
of selection if they perform
better than the candidates of
other categories.
• Those who are benefitted by
reservation, have lower level of
motivation in comparison to
those who do not have
protection of reservation. Thus
the gulf between the achievement
level of those who enjoy
reservation and those who do not
enjoy reservation, will keep on
widening if the reservation quota
system continues in its present
form. If the indirect reservation
as advocated above is practised,
this gulf in achievement level of
general category candidates vis-
à-vis reserved category
candidates will eventually reduce,
meaning thereby, that the
process of empowerment of
weaker sections of people has
taken off in the right direction.
• The tag of backwardness (SC/
ST/OBC) will not be visible, once
a combined merit list is prepared.
It will induce feeling of
uprightness among candidates of
weaker sections, too, who
otherwise do not always enjoy
equitable status with their
colleagues and develop complex
leading to strained relations
within colleagues, which is not
a healthy trend by any yardstick.
Now, I proceed to elaborate as to
how the system of indirect
reservation should be taken forward,
with a view to expedite empowerment
Vol. XV No. 5 May 2018
of weaker sections as well as
lessening their dependence on the
protection available under the
umbrella of reservation.
After the preparation of a combined
merit list of all categories of
candidates (wherein candidates
belonging to SC/ST/OBC categories
will be having advantage of additional
weightage as discussed earlier), the
next step should be to gradually prune
this additional weightage and reduce
it completely over a period of time,
say, within 20 years, which can be
more or less depending upon the
pace of empowerment of SC/ST/
OBC candidates. To start with,
additional weightage given to
candidates in their respective reserved
categories should be reduced
gradually, say, by 5 percent every
year. However, the regulators should
compute with statistical tools every
year, whether this reduction has
adversely affected chances of
selection of candidates of the
reserved categories?
Case I: If it has not affected the
number of selected candidates vis-à-
vis their allotted quota percentage then
32
it shows that the level of
empowerment of persons of weaker
sections has improved. Case II: If it
is noticed that the number of selected
candidates has fallen in comparison
with the previously allotted quota
percentage for them, then any further
reduction in their additional weightage
should be put on hold, till the
percentage level of their selection
reaches the existing quota limits. Case
III: If it is observed that the number
of the selected candidates of the
reserved categories has increased in
comparison with the previously
allotted quota percentage for them
then it is the most heartening scenario
as it is the real indicator that the pace
of their empowerment has gathered
momentum. In this scenario,
quantum of additional weightage
given for these categories can be
reduced at an increased pace.
I have a hunch that there is larger
probability of recurrence of Case III
scenario. Because, now, the candi-
dates of the reserved categories will
be able to improve their level of
achievement at a faster pace as a re-
sult of newly acquired motivation
which will open up opportunity for

them to improve upon their chances
of selection in comparison with the
general category candidates who are
already at a high pedestal from where
moving further upward becomes in-
creasingly difficult. To clarify this
scenario, I take up the example of
sprint athletes. Suppose, there is a
group of 100 athletes of a country
where sports are highly developed
and these athletes clock a median time
of 10 seconds for a 100 meter dash,
then there is very remote chance that
this group can reduce median of its
racing time further by a wide mar-
gin; even a reduction of 0.05 seconds
would require a commendable effort
on the part of this group. Now, con-
sider a group of 100 athletes from
another country where sports are not
adequately developed, supposing this
group clocks a median time of 11 sec-
onds for a 100 meter dash, then there
is very high likelihood that these ath-
letes can easily improve upon their
median clocking time by a significant
margin, say, by 0.5 seconds or more,
without insurmountable difficulties if
they are properly trained.
It implies that when the score of a
person is in the middle of perform-
ance ladder, he has a better chance
to climb higher than the one who is
near the top of the performance lad-
der. Similarly, the proposed method-
Vol. XV No. 5 May 2018
ology of indirect reservation for
weaker sections will initially benefit
them more and will constantly moti-
vate them to improve their achieve-
ment level further, which will culmi-
nate in their true and early empower-
ment. In this manner, the aforesaid
system of indirect reservation can
steadily empower people of the re-
served categories and, consequently,
render the need of reservation super-
fluous over a period of time.
A by-product of indirect reservation
will be that the scramble for entry
into the club of SC/ST/OBC catego-
ries will also slow down thereby in-
creasing prospects of enhanced peace
among various groups of people.
Thereafter, there will be fewer
agitations and even lesser conflicts
between the proponents and the op-
ponents of the reservation policy.
Because, everyone would see the end
of the dark tunnel of caste-based di-
visive system, where after no one
would require reservation as there will
be equality among all sections of peo-
ple.
In the existing system of reservation,
beneficiaries become complacent be-
cause they know that their chances
for selection are somewhat limited by
the quota limit, and it hampers pace
of their growth and empowerment.
33
However, in the proposed system of
indirect reservation, candidates of
weaker sections will have consider-
ably higher motivation to improve
upon their performance, because it
will enhance their chances of selec-
tion dramatically.
However, there is a word of caution:
If we are unable to dispense with the
existing quota system and reserva-
tion debate is not put to an end soon;
harmony and prosperity of the coun-
try will remain severely compro-
mised. Thus, I plead that since man-
kind could make mistakes, societies
should be receptive to the new ideas
rather than remaining stuck to rigid
doctrine of the existing reservation
policies. Accordingly, the people must
seriously weigh the pros and cons of
the methodology of indirect reserva-
tion as suggested above, as here is a
chance which we should not miss!
In the end, it is submitted that
though the aforesaid scheme of
indirect reservation is formulated
in view of the ground realty pre-
vailing in India, its methodology
can be applied in other countries,
also, to narrow down the gap in the
achievement levels of their differ-
ent groups of people.
- The author is working as the
Assistant Registrar (Academic) at
Dayalbagh Educational Institute,
Agra.
The article is available online at
http://www.curingindia.com/
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