Posts Tagged ‘civil liberties
Stain on India’s record : Irish Times Editorial
The Irish Times – Thursday, January 13, 2011
Opinion & Analysis
THE CONVICTION for sedition and the life sentence imposed on renowned Indian paediatrician and human rights activist Binayak Sen is a serious stain on India’s democratic credentials. It also appears to be a flagrant breach of legal precedent established by the country’s own supreme court.
The trial has prompted widespread concern from rights groups, the media, academics, and medical colleagues in India and internationally. The British medical journal, the Lancet , has rightly described the trial as “Kafkaesque”, the sentence, “a travesty”. The latter is “so over the top and outrageous that it calls into question the fundamentals of the Indian justice system,” India’s the Hindu newspaper argued.
Dr Sen, an outspoken critic over three decades of both rebel violence and state repression, particularly against the tribal Adivasi people, was convicted on December 24th by a Chhattisgarh state court under the vague terms of penal code provisions prohibiting words or actions which promote “hatred or contempt, or excite or attempt to excite disaffection” towards the government. A legacy of colonial times, the clause was used to convict Mahatma Gandhi, and Nobel-laureate Arundhati Roy was recently threatened under it for a speech on Kashmir. The offence was ostensibly curtailed, however, when the supreme court ruled in 1962 that, given a constitutional protection of free speech, unless violence was incited sedition could not be found.
Prosecutors produced no evidence of incitement by Dr Sen but instead relied on dubious claims that he acted as a courier between an ailing, jailed Maoist leader he had been visiting and a supporter outside prison. The meetings, which took place in the presence of officials, were undertaken in Dr Sen’s capacity as both medical doctor and local representative of the People’s Union for Civil Liberties. Defence lawyers claim a “smoking gun” letter, purportedly from the Maoists and urging Dr Sen to investigate police atrocities in a Maoist stronghold, was forged by police.
Dr Sen’s real “offence”, and that of many others under arrest in the Chhattisgarh region, appears to have been to try to draw attention to brutal government-backed vigilantes, the Salwa Judum, who raided rebel-dominated villages in the mid-2000s, forcing tens of thousands to abandon their homes. The “if you’re not with us you’re against us” paranoia of the state government has produced a serious injustice. Dr Sen must be freed and the role of the authorities investigated.
Travesty of justice : PRAFUL BIDWAI
Frontline
COLUMN
The life sentence awarded to Binayak Sen would only accelerate the process of debasement of democracy and the rule of law.
THE Raipur Sessions Court has shocked the citizen’s conscience by delivering a judgment that makes a mockery of fundamental rights. The judgment against human rights defender and health activist Binayak Sen has brought unprecedented disgrace and ignominy upon India’s judicial system, and more generally, upon Indian society and politics. It will take a Herculean effort to roll back the personal, institutional, social and political damage that the verdict has caused. Merely overturning it in a higher court will not be enough.
Awarding life imprisonment to someone charged with an offence no greater than that of passing on letters from an undertrial prisoner to an allegedly extremist group’s leaders should appear altogether revolting to a civilised mind. This violates the principle of proportionality between crime and punishment (or provocation and reprisal).
Chhattisgarh high court admits Binayak Sen’s appeal against life sentence
The Chhattisgarh high court on Friday admitted an appeal filed by rights activist Binayak Sen, challenging the life sentence given to him by a local court after being convicted for sedition and links with Maoists, and posted the matter for hearing on January 24.
After preliminary hearing, division bench of Justices TP Sharma and Justice RL Jhanwar asked the trial court to submit the case diary and deferred hearing on the case to January 24.
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LAUNCH OF PHYSICIANS FOR HUMAN RIGHTS- INDIA ON BINAYAK SEN’S BIRTHDAY
PRESS RELEASE 4TH Jan 2011
Today on the 61st birthday of Dr Binayak Sen group of physicians, health activists and human right defenders have come together to form Physician for Human Rights- India. This independent and non political organisation will work on the principles of human rights, medical ethics and social justice. Physicians for Human Rights is a worldwide organisation established in 1981 with a solid foundation of over two decades of investigation, advocacy and accomplishment. It has campaigned vigorously for the human rights of health care workers in various countries and has been in the forefront of the International campaign for justice for Binayak. In fact its founder Jonathan Fine has been in India closely following the case and was present at Binayak’s trial.
We choose to offer the position of Honorary Chairman of Physicians for Human Rights / India to Dr.Binayak Sen who has given his life to these principles and to serve the poorest among us. Without neglecting others equally worthy, we will work tirelessly for his release from prison and complete exoneration of unjust accusations. His prompt return to the fight for human rights, civil liberties and service of India’s masses is essential for the sake of our nation. We strongly communicate our dismay and call for the dropping of charges , recognition of his exceptional contribution to Health & Human rights , his sacrifices & his deep commitment , & rare integrity , his proclaimed consistent support of Non Violence .It was for the above human values reflected in his life & work he was awarded for being a role model for Medical students , by CMC Vellore his Alma Mater .R.R Keithan award for demonstrating the values of the ” father of the Nation” and Johnathan Mann award for his work with the Tribals .
Physicians for Human Rights – India will mobilize health professionals to advance health, dignity and justice, and to promote the right to health for all. Harnessing the specialized skills, rigor, and passion of doctors, nurses, public health specialists and scientists, PHR India will investigate human rights abuses and will work towards stopping them . We believe that human rights are essential preconditions for the health and well-being of all people. PHR India will educate health professionals and medical, public health, and nursing students and organize them to become active in supporting a movement for human rights and creating a culture of human rights in the medical and scientific professions.
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Shutting him up : Praful Bidwai
Hindustan Times, January 03, 2011
by Praful Bidwai
The Raipur sessions court judgment against civil liberties defender and health activist Binayak Sen has provoked outrage. His two-year long detention had drawn protests from the world over. The only substantial charge against Sen is that he passed on three letters from Narayan Sanyal, an undertrial, suspected — but not yet proved — to be a Maoist, to the Maoist leadership.
It takes several leaps of imagination, or nasty prejudice, to pronounce that carrying three pieces of paper containing trivialities such as congratulating the CPI (Maoist) on completing its party congress, amounts to sedition. Sedition means spreading disaffection against the state. It was introduced into the Indian Penal Code by the colonial State to repress the freedom struggle and muzzle the freedom of expression.
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CHENNAI POLICE TERMS DEMOCRATIC PROTEST UNLAWFUL
PRESS NOTE
Chennai, 30th December 2010: While the whole nation rises in outrage against the unjust conviction and life imprisonment of renowned physician and human rights activist Dr Binayak Sen, Chennai Police Commissioner’s office deems such democratic protests “unlawful”. In an order dated 28th December 2010, the Commissioner’s office denied police permission to Campaign for Justice and Peace-Tamil Nadu to organise a public protest near Memorial Hall on 31st December.
Calling the police action a serious breach of constitutional right to free speech, lawyers, doctors, writers, students, parliamentarian, and activists staged a silent protest by tying black ribbons around their mouth. The protest also symbolised people’s opposition to city’s curb on right to assembly and non violent protests by imposition of section 144 of Indian Penal Code by the city police throughout the year.
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Bangalore Protest Report
Quick Update
- We had about 400-500 people at the town hall at the peak of the meeting.
- The participation was diverse – many many groups came in a good numbers. Strong show of solidarity! {Everybody mobilised well}
- Highlighting quotes from the speakers:
- Justice Saldanha says, “ It is not a judgment but an atrocity of the worst order.”
- Veerabhadra Chennamalla Swamiji, from Nedumamudi Mutt, says, “Its an undemocratic judgment, and it is an assault on justice”.
- From Popular Front of India, Usman Baig says, “Judiciary is also becoming fascist like the executive and legislature.”
- Advocate Balan, from AITUC, says, “This is judicial terrorism”
- U.R Ananthmurthy says, “Dr. Binayak Sen represents me too”
- Agni Sridhar, and other speakers condemned the turn of events and called it an assault on democracy, pressing for the release of Dr. Binayak Sen.
- There was a good media presence!
The case of the good doctor
By systematically persecuting Dr Binayak Sen, a tireless champion of human rights and the rights of adivasis and workers, the Indian state is sending a strong message to civil society about the price of not toeing the line.
Raja bola raat hai,
mantri bola raat hai,
court bola raat hai,
ye subah subah ki baat hai!
(The king said it was night. The minister said it was night. The court said it was night. It was early morning!)
On 24 Dec 2010, the District Court in Raipur in Chhattisgarh state of central India sentenced Dr Binayak Sen to life imprisonment. Given the flimsy nature of the evidence, to most it came as a shock; to the Indian state seeking to silence dissenting human rights activists and social workers, it was shot in the arm.
Targeting Dr Binayak Sen, a well-known civil rights and public health activist, has wide implications for democracy and civil rights in India. Dr. Sen is the National Vice President of the Peoples’ Union for Civil Liberties (PUCL), one of the most respected civil liberties organizations in India founded by late Jaya Prakash Narayan during the 1975-77 internal Emergency, the worst era in the history of post-independence India. Dr Sen’s work in the area of public health is well known; in fact, he was a part of the group which set up the Mitanin rural health care system for Chhattisgarh twenty years ago when the state was still under formation. He is a man for whose bail, twenty two Nobel laureates had appealed. For whose release, the British House of Commons had issued a motion.
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Mother vows to get son Binayak Sen out of jail
Kolkata: With support mounting for rights activist Binayak Sen, handed a life sentence by a Chattisgarh court for Maoist links, the doctor’s mother says she will ‘do whatever is needed’ to get her son out of prison.
‘The whole world is with my son. This is my biggest source of strength,’ said 84-year-old Anasua Sen, adding she was ready for a long-drawn battle to free her son, who has been charged with sedition.
She said she would knock the doors of the court soon.
‘I am waiting for the winter recess in courts to be over. I will move a higher court. If need be, I am prepared to go to the Supreme Court to seek justice for my son,’ Anasua Sen said.
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An Open Letter to the Honourable President of India, Smt Pratibha Patil and , Prime Minister on the outrageous conviction of Dr. Binayak Sen
Women against Sexual violence and State Repression (WSS)
Delhi dt. 25th December 2010
Women against Sexual Violence and State repression (WSS) is outraged at the charges framed and the conviction by the Additional Sessions Court, Raipur of Dr. Binayak Sen on Dcember 24 2010. As citizens of the Democratic Republic of India we are also deeply saddened at this colossal betrayal of public trust by those who owe allegiance to the practice of law, and who have been entrusted with upholding the principles of fair play and truth that we believe the Constitution of this country has enshrined.
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Binayaksen.net is one of many efforts by well wishers and supporters of Dr Binayak Sen to bring the injustice being done to him by the government of Chhattisgarh to the attention of people around the world. 
