Washing Hands Off If Centre can’t stop honour killings, who will?
THE TRIBUNE , CHANDIGARH WRITES A STINGING EDITORIAL ON THE LACKASIDAL APPROACH OF THE CENTRAL GOVERNMENT AND THE STATE GOVERNMENTS ON THE ISSUE OF HONOUR KILLINGS. THIS PETAINS TO THE PUBLIC INTERST LITIGATION BEING HEARD BY THE SUPREME COURT ON SHAKTI VAHINI PETITION.
THE TRIBUNE EDITORIAL
Passing the buck is a favourite hobby of sarkari babus but one wishes they do not indulge in such a pastime when an issue as vital as honour killings is under consideration. The Centre has smugly told the Supreme Court in its affidavit that police and public order are state subjects under the Constitution and it is the state’s responsibility to deal with the offences in question. That is a fact known even to school students. Can the Centre evade responsibility by taking this plea is the moot point. How serious the states are in curbing the menace can be gauged from the fact that Haryana and Uttar Pradesh, where honour crimes are the most prevalent, have not even replied to the notice sent to them by the Supreme Court full one year ago.
However, the disingenuous argument of the Centre does not stop at that either. The affidavit goes on to say that the Centre does not interfere in the personal laws of any community unless the demand comes from within the community. One wonders how the personal law comes into the picture. Nobody has the right to kill or harass someone just because he or she has married in own gotra (clan). A crime is a crime. Even if by some stretch of imagination, what happens within a clan is passed off as a “personal matter”, the fact remains that only 3 per cent of the documented cases of honour crimes involve couples married in their gotra. Most of the others relate to couples in inter-caste marriages.
The affidavit grandly says that the freedom of choice with respect to marriage has been specifically recognised and protected under our legal framework and under every personal law women have the same right to enter into a marriage with free and full consent. Ironically, this right has rarely been endowed on the young couples who dare to marry against the wishes of their families or even village elders. They are hounded, tortured and killed. Laws are very much there. Will someone kindly care to enforce them?
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Can’t do much to curb honour crimes: Centre
Says it follows policy of non-interference in personal laws of any community
Aditi Tandon/TNS / New Delhi, July 6
Washing its hands off the unabated rise in the cases of honour crimes in the country, the Centre has told the Supreme Court that it does not interfere in the personal laws of any community unless the demand comes from within the community itself. It has also said police and public order are state subjects under the Constitution and it is the state’s responsibility to deal with the offences in question.
Erroneously linking honour crimes to personal laws (there is ample evidence that majority of honour killings in India involve couples in inter-caste marriages and not those that marry within the gotra), the government, in its affidavit to the apex court, says, “Family relations in India have traditionally been governed by religious and personal laws. The freedom of choice with respect to marriage has been specifically recognised and protected under our legal framework and under every personal law women have the same right to enter into a marriage with free and full consent. At the same time, given the cultural and social diversity of the country, the government has adopted a policy of non-interference in the personal laws of any community…”
Ironically, a study on honour-related deaths in India, commissioned by the National Commission for Women, found in July last year that only 3 per cent of the documented cases of honour crimes involved couples married within their gotra. “In this petition, there is no meaning of the mention that the government does not interfere in the personal laws of communities. Honour crime is an issue of a couple’s freedom of choice to marry and their human rights, nor of personal laws. The Centre has a Ministry of Women to ensure the wellbeing of the fair sex. It can’t escape by saying that police and public order are state subjects,” Rishi kant of Shakti Vahini, the petitioning NGO, told The Tribune.
The petitioners will now seek an urgent hearing before the Supreme Court considering Haryana and UP, the biggest reporters of honour crimes, haven’t replied to the matter in a year. The case was filed in June last year.
On the other front also, the Home Ministry’s affidavit in the matter inspires little hope. Except mentioning that the government has constituted a Group of Ministers to debate the need of amending the IPC or a separate law on honour killings, the affidavit steers clear of stating what immediate steps the Centre was taking to prevent such killings and if it was doing enough to publicise SC’s directions in the matter, including the one that said the DCs and the SSPs would be responsible for any such crime in their area.
Haryana, UP ignore notice
Haryana and UP have not replied to the notice sent to them by the Supreme Court which is hearing a petition on what the state governments and the Centre are doing to prevent honour killings in India. The case was filed in June, 2010.
http://www.tribuneindia.com/2011/20110707/main7.htm
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Bid to sensitise police on human trafficking
THE HINDU /
A three-day workshop was organised by the Delhi Police Crime Branch at its Kamla Market office here this week to sensitise its personnel on combating human trafficking. Additional Director General Police (Central Reserve Police Force) P.M. Nair, in his inaugural address, spoke on human trafficking and its dimensions, challenges and the law enforcement agencies‘ response to the problem. Subsequent speakers touched upon the role of non-government organisations in the prevention of human trafficking and investigation techniques and court rulings related to it. The socio-psychological aspects of the problem and post-rescue care were also discussed.
Additional Commissioner of Police (Vigilance) Garima Bhatnagar, Apollo Hospital doctor Achal Bhagat and Advocate Ravi Kant of non-government organisation Shakti Vahini were among the speakers. Forty police personnel took part in the workshop that concluded on Thursday.
http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/article1998204.ece
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Gurgaon cop suspended for torturing 13-yr-old boy
ADITYA DEV / TIMES OF INDIA
GURGAON: National Commission for Protection of Child Rights (NCPCR) has acted swiftly in the case related to torture of a 13-year-old boy in custody at Sector-5 police station. The commission on Tuesday recorded the statement of DCP (west) Maheshwar Dayal, who appeared for the second hearing in the case.
Meanwhile, sources told TOI that head constable Jitender Kumar, the investigating officer in this case, has been suspended. Along with him, a constable who also tortured the child has been sent back to Indian Reserve Battalion, the parent body from where he was deputed to the Gurgaon police. Sources close to the developments said that the NCPCR members took serious note of complaints that the victims parents were being forced to take back the case. They also informed the DCP about their displeasure during the hearing on Tuesday.
The jury members stated that they were informed by reliable sources that the parents of the child were being intimidated by some police officers, including the investigating officer in the case. The jury members asked the DCP to ensure that no police officers from his jurisdiction were involved, directly or indirectly, in intimidating or threatening the victim or his family.
A letter to this effect was also written to the DCP and copies were sent to the chief secretary and the state police headquarter among others, the source said. The commission has also told Gurgaon police that it is their duty to ensure the safety and security of the child as well as his family members. When asked, a jury member told TOI that one more hearing will be held in the case and then fresh directives would be issued to the state government regarding the implementation of the Juvenile Justice Act. SC lawyer Ravi Kant, who is also associated with Childline in Gurgaon, said the state has a very poor record as far as child rights are concerned.
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Stop threatening family of police torture victim, Gurgaon DCP told
SUNIT DHAWAN , TRIBUNE NEWS SERVICE Gurgaon, April 19
Deputy Commissioner of Police (DCP) Mahehwar Dayal has been categorically told to ensure that the family members of Sahil (name changed), a 13-year-old boy of Krishna Colony in Gurgaon, were not threatened by his subordinates. Certain police officials had allegedly thrashed Sahil, injected petrol into his rectum and put chilli-powder in his eyes after he was arrested on a charge of theft.
The National Commission for Protection of Child Rights (NCPCR) had sent a team led by Commission member VK Tikoo to Gurgaon for a spot inquiry into the matter after the case came to light. The matter was reported in these columns.
Talking to The Tribune today, Tikoo disclosed that the Gurgaon DCP appeared before a Bench of the Commission and admitted that certain police officials had committed excesses on the child and violated relevant rules and norms. Head constable Jitender Kumar has been placed under suspension, while a constable has been sent to the police lines in connection with the case.
“However, it has come to our notice that certain police officials of Sector 5 police station are still intimidating the family members of the minor police-torture victim to withdraw the complaint,” Tikoo asserted and added that the intimidation did not stop despite a letter sent to the Gurgaon Police Commissioner in this regard on April 8.
In a Semi-official letter written to DCP Maheshwar Dayal today itself, Tikoo maintains: “As already conveyed to you by the commission during the hearing, a very serious note has been taken of this alleged attempt on the part of some of the Gurgaon police officials to influence the inquiry process initiated as per law…you are hereby requested to ensure that no police officials within the jurisdiction of your command area make an attempt (directly or indirectly) to entice/ intimidate/ threaten (the victim’s family) or try to influence/vitiate the inquiry of this commission as a civil court (under Section 14 of the Commission for Protection of Child Rights Act, 2005). You are also requested to ensure the safety and security of the child and all his family members .
Copies of the letter had also been sent to the Haryana Chief Secretary, DGP, Principal Secretary and Director, Department of Women and Child Development, Government of Haryana, besides the SHO of Sector 5 police station in Gurgaon.
http://www.tribuneindia.com/2011/20110420/haryana.htm#4
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Don’t call women, elderly to police stations, cops told
THE TRIBUNE Gurgaon, November 9
CHILDLINE SE DOSTI CAMPAIGN - GURGAON
THE TRIBUNE
Haryana ADGP-cum-Gurgaon Police Commissioner Surjeet Singh Deswal has directed the police officials not to call any senior citizen or woman to the police station, even if they are accused, witness or complainant in a case. Speaking at the launch of “Childline se Dosti” campaign at his office here today, Deswal advised the station house officers (SHOs) to ensure that their subordinates behaved in a courteous manner with the elderly and women. The Police Commissioner maintained that the statement of a woman should be recorded only by a woman police official.
Referring to cases of child abuse, Deswal pointed out that the Gurgaon police had adopted a “zero-tolerance” approach towards cases of child abuse, which meant that no person involved in child abuse would be spared. He appealed to the affected children, their parents and the school authorities to report the cases of child abuse instead of suppressing these.
“Such cases can be reported on police control room numbers 100 and 0124-2316100 or on woman and child helpline number 0124- 2335100. Joint Commissioner of Police Alok Mittal, DCP (west) Maheshwar Dayal, DCP (traffic) Bharti Arora, DCP (crime) Anil Dhawan, DCP (headquarters) Kulwinder Singh, DCP (south) Pala Ram, besides ACPs and SHOs were also present at the inaugural programme, which was organised by two NGOs – Childline and Shakti Vahini.
Nishi Kant from Childline said the campaign would continue till November 14. The rescued children kept at “Arushi Home” tied friendship bands on the wrists of the police officers and the Police Commissioner gave them presents.
India ready to ratify UN convention
Sahil Makkar, sahil.m@livemint.com
The move will allow the government to sign mutual legal assistance agreements with 154 member countries
Eight years after signing the United Nations (UN) convention against transnational organized crime, India is ready to ratify it and bring its laws in line with international standards.
The move will allow the government to sign mutual legal assistance agreements with 154 member-countries as well as put pressure on nations such as Pakistan to assist in efforts to combat money laundering, drugs and arms smuggling and human trafficking. The treaty is the first legally binding instrument that commits members to take collective action against human trafficking—especially of women and children—smuggling of migrants and trafficking of firearms. A senior home ministry official said after signing up in 2002, India had assessed the gap between its laws and those prescribed by the convention.“We sought comments and views of various ministries before putting it before the cabinet. We also visited many countries to review their systems,” the official said. “Earlier, it could not be cleared due to difference in views of all stakeholders. Now the gap analysis is prepared, and it was found that Indian laws sync well with the UN mandated norms,” the official added.
The matter was brought before the cabinet in April. The cabinet will take it up next week, and is likely to clear it, the official said.
A second home ministry official confirmed this, adding: “After the cabinet approval, an Indian delegation led by a minister will visit and submit documents to the UN, which will further process the matter.” Both spoke on condition of anonymity. Pakistan ratified the convention in January. “Pakistan, which has not been very cooperative on the issue of human trafficking, money laundering, drug trafficking and smuggling of illicit firearms, can (now) be held accountable in the UN. Pakistan can be pressurized to cooperate,” the second official said.After ratifying the convention, India will be committed to taking steps against transnational organized crime and adopt new frameworks for extradition, mutual legal assistance and law enforcement cooperation. It will also have to train its officials to implement the new laws, and provide them technical assistance.
“It is a welcome and much-needed step,” said Ravi Kant, a senior Supreme Court lawyer and President of Shakti Vahini, which works against human trafficking. “India will now also adopt international practices related to rehabilitation and relief of human trafficking victims. The much-needed amendments to Immoral Traffic (Prevention) Act, Juvenile Justice Act, Child Labour Act and Bonded Labour Act would also be carried out.” Girija Vyas, president of the National Commission for Women, also welcomed the move.“It will really prove helpful in prevention of human trafficking as India can put pressure on other member-countries,” she said.
http://www.livemint.com/2010/08/22195051/India-ready-to-ratify-UN-conve.html?atype=tp
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