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Posts Tagged ‘Binayak Sen

Space for civil society is being contracted in India: UN Human Rights expert

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Rights activist Binayak Sen. A Division Bench of the Chhattisgrah High Court has begun hearing Dr Sen's appeal against the life sentence awarded to him in a sedition case. The Hindu has reported that a delegation of European Union observers was on Monday allowed by the Chhattisgrah High Court to witness proceedings on rights activist Binayak Sen's appeal against his life term in a sedition case, which his lawyer and Bharatiya Janata Party MP Ram Jethmalani termed as 'political persecution'. When Dr Sen's appeal came up for hearing, a division bench comprising justices T P Sharma and R L Jhanwar considered the reference on the EU proposal made to it by the State government and decided to allow the eight-member team to attend the proceedings. The request of the EU to be present in the court had earlier been sent by the Ministry of External Affairs to the Chhattisgarh government, which had in turn, referred the matter to the High Court. Photo: The Hindu

The UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, expressed her concern for a contraction of the space for civil society in India, despite the country’s “comprehensive and progressive legal framework as a guarantor of human rights and fundamental freedoms as well as the existence of the National Human Rights Commission as well as a number of state and statutory commissions mandated to promote and protect human rights.”

“I am particularly concerned at the plight of human rights defenders working for the rights of marginalized people, i.e. Dalits, Adavasis (tribals), religious minorities and sexual minorities, who face particular risks and ostracism because of their activities,” Sekaggya said at the end of her first fact-finding mission to India.

(The Hindu has reported on the Sekaggya mission and on the Binayak Sen case here.)

Sekaggya underscored the testimonies she received about human rights defenders and their families, who have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms.

The UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya. Photo: The Hindu

In her view, the existing national and state human rights commissions should do much more to ensure a safe and conducive environment for human rights defenders throughout the country. To that end, she urged the Government to review the functioning of the National Human Rights Commission with a view to strengthening it.

The independent expert also noted “the arbitrary application of security laws at the national and state levels, most notably the Public Safety Act and the Armed Forces Special Powers Act, the Jammu and Kashmir Public Safety Act and the Unlawful Activities Prevention Act, as these laws adversely affect the work of human rights defenders”. She urged the Government to repeal the Armed Forces Special Powers Act as well as the Public Safety Act and review the application of other security laws which negatively impact on the situation of human rights defenders.

(The full statement of the UN Special Rapporteur on the situation of human rights defenders is here and is from the UN Office of the High Commissioner for Human Rights website.)

“I am deeply concerned about the branding and stigmatization of human rights defenders, labelled as ‘naxalites (Maoists)’, ‘terrorists’, ‘militants’, ‘insurgents’, or ‘anti-nationalists’,” Sekaggya said. Defenders, including journalists, who report on violations by State and non-State actors in areas affected by insurgency are being targeted by both sides.

“I urge the authorities to clearly instruct security forces to respect the work of human rights defenders, conduct prompt and impartial investigations on violations committed against human rights defenders and prosecute perpetrators”. The human rights expert further recommended that the Government “enact a law on the protection of human rights defenders in full and meaningful consultation with civil society.”

Sekaggya commended the Government for opening its doors to her mandate and for enabling her to visit five states, which assisted her in gaining a clear understanding of the local specificities in which human rights defenders work.

Universal health coverage in India, economic growth, and social justice

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The Lancet, 08-14 January 2011 issue, India health coverageThe Lancet has published, in its 08-14 January 2011 issue, a series of papers on India’s path to full health coverage. Taken together, the papers and comments show that a failing health system is perhaps India’s greatest predicament. The papers (pay only, the comments are free to read) reveal the full extent of opportunities and difficulties in Indian healthcare, by examining infectious and chronic diseases, availability of treatments and doctors, and the infrastructure to bring about universal health care by 2020. This Lancet issue with the India health coverage special brings together a rapidly growing body of evidence to show that Indian health is in grave crisis. As the country with the largest democracy in the world, India is well positioned to put health high on the political agenda.

Introduction to the Lancet Series – Indian health: the path from crisis to progress – Can India’s vibrant political process and civil society create the public demand for health reform? Do Indian health institutions — the Ministry of Health and Family Welfare and the health professions, for example — have the capacity to lead reform? In India, community identity rivals individual identity in importance. How do community identities shape attitudes and policies towards health? – Richard Horton, Pam Das (The Lancet)

The Lancet, 08-14 January 2011 issue, India health coverageUniversal health care in India: the time is right – India’s record in expanding social opportunities has been uneven. The health and nutritional status of children and women remains poor, and India is routinely ranked among countries performing weakly on overall health performance. But there is good reason for hope. The country has withstood the recent global financial crisis and quickly returned to rapid economic growth. There is a refreshing openness to participation by civil society and to the power of ideas to improve performance and governance. We are enthused by India’s recent commitments to invigorate the public health-care system to address health disparities. – Vikram Patel, A K Shiva Kumar, Vinod K Paul, Krishna D Rao, K Srinath Reddy (London School of Hygiene and Tropical Medicine, London, UK and Sangath Centre, Goa, India; UNICEF India; All India Institute of Medical Sciences; Public Health Foundation of India)

Securing the right to health for all in India – The health status of people transcends the health-care sector, and the social determinants of health, such as food, water, sewerage, and shelter, still elude large numbers of the poorest citizens in India. Inequity in social determinants of health and health care in a market-based system itself becomes a pathogenic factor that drives the engine of deprivation. These inequities are set to increase even further in the near future even as major investments are being projected and planned in the health sector from 0·9% to 3·0% of the gross domestic product. The stunted public health system is hardly geared up to absorb this increased allocation; already state governments are returning allocated money because of the inability to absorb increased allocations. – Binayak Sen (Christian Medical College, Tamil Nadu, India) (The Lancet writes: “One notable absentee from the launch of the Series on Jan 11, 2011 is paediatrician and Comment author Binayak Sen. He remains in prison, an appalling situation discussed in an Editorial in the Jan 8-14 issue of The Lancet.”)

Gender equity and universal health coverage in India – The findings presented on health-care coverage in India emphasise that maternal health concerns, such as fertility and maternal mortality, continue to affect large numbers of women and girls in India. Although these concerns are diminishing, present trends indicate that India is not on target to reach national and Millennium Development Goals. Too many Indian women and girls are unnecessarily affected by gender-based violence and inequities in health-care access and use. – Anita Raj (Department of Social and Behavioral Sciences, Boston University School of Public Health)

The Lancet, 08-14 January 2011 issue, India health coverageIndia: access to affordable drugs and the right to health – Competition from generic companies is the key to affordable drugs. Generic companies in India can therefore produce drugs at prices that are among the lowest in the world. This cost advantage means more than 89% of the adult antiretroviral drugs purchased for donor-funded programmes in the developing world are supplied by companies in India. The European Union and India free-trade agreement seeks to introduce TRIPS-plus and other measures, such as patent term-extensions, data exclusivity, increased border and enforcement measures, and investment protection agreements, all of which would impede generic competition. – Anand Grover, Brian Citro (Lawyers Collective HIV/AIDS Unit, Mumbai)

Good governance in health care: the Karnataka experience – The health sector, with high public interaction and large societal impact affecting almost the entire population, was the second most corrupt sector in India. Bribes related to health care comprised the highest portion of all bribes paid in the state of Karnataka in 2008, at 40%. More than 150,000 estimated households below the poverty line paid bribes for seeking basic health care in 2005 in the state. In 2008, 64% of all bribes paid in the state for basic services was by people living below the poverty line and amounted to INR650 million. – Hanumappa Sudarshan, N S Prashanth (Karuna Trust, Karnataka, India; Institute of Public Health, Bangalore, Karnataka, India)

Research to achieve health care for all in India – Many of the leading causes of disease burden across communicable diseases, non-communicable diseases, and injuries continue to be under-represented in this published research output, indicating that even among the limited papers on public health research, a large proportion do not address public health priority conditions in India. Distinct from published papers, an analysis of public health research reports produced in India also showed that the leading chronic non-communicable diseases and injuries were under-represented between 2001 and 2008. – Lalit Dandona, V M Katoch, Rakhi Dandona (Public Health Foundation of India, New Delhi, India; Institute for Health Metrics and Evaluation, University of Washington; Department of Health Research and Indian Council of Medical Research, Ministry of Health and Family Welfare, Government of India)

The Lancet, 08-14 January 2011 issue, India health coverageUniversal health care in India: missing core determinants – India’s growing economic strength is based on an economic model that has enhanced the very disparities that the call is concerned about. Promotion of medical tourism at the cost of universal primary health care has not been accidental, but the result of a policy that places the market above people’s basic needs. All health-care reforms have to respond to this political dichotomy in the economy of health. Any health-care reforms, including the national health bill and integrated national health system suggested, have to be placed within a national effort to provide food, water, shelter, sanitation, education, and other basic needs. – Ravi Narayan (Centre for Public Health and Equity, Society for Community Health, Awareness, Research and Action, Bangalore, India)

Towards a truly universal Indian health system – The current framework of economic growth is not designed to address the concerns of very large sections of the population, for whom it has directly perpetuated the situation of ill health and inadequate health care. This position is not one of mere semantics, since any sustainable recommendation needs to be set in an honest and robust analysis of the causes of ill health in India. Little mention is made of the severe, persistent, and near ubiquitous poverty that has characterised this era of so-called economic growth, in which 77% of Indians live on less than INR20 a day. – Amit Sengupta, Vandana Prasad (People’s Health Movement-India [Jan Swasthya Abhiyan], Uttar Pradesh, India)

Please see this page on the Lancet series for longer summaries of the comments.

Statement of Binayak Sen

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Dr Binayak Sen, and the co-accused Pijush Guha and Narayan Sanyal, have been sentenced to life imprisonment, under Sec. 124(A) of CrPC (Code of Criminal Procedure) and Sec 39 of UAPA (Unlawful Activities (Prevention) Act). Sanhati has carried Dr Sen’s statement at the conclusion of the trial.

“I am a trained medical doctor with a specialization in child health. I completed my MBBS from the Christian Medical College, Vellore in 1972, and completed studies leading to the award of the degree of MD (Paediatrics) of the Madras University, from the same institution in 1976. After this, I joined the faculty of the Centre for Social Medicine and Community Health at the Jawaharlal Nehru University in New Delhi and worked there for two years, before leaving to join a field based health programme at the Friends Rural Centre, Rasulia in Hoshangabad, MP.”

“During the two years I worked there, I worked intensively in the diagnosis and treatment of Tuberculosis and understood many of the social and economic causes of disease. I was also strongly influenced by the work of Marjorie Sykes, the biographer of Mahatma Gandhi, who lived at the Rasulia centre at that time. I came to Chhattisgarh in 1981 and worked upto 1987 at Dalli Rajhara (district Durg), where, along with the late Shri Shankar Guha Niyogi and the workers of the Chhattisgarh Mines Shramik Sangh, I helped to establish the Shaheed Hospital, that continues to practice low cost and rational medicine for the adivasis and working people of the surrounding areas upto the present.”

“After leaving Dalli Rajhara, I worked to develop a health programme among the Adivasi population in and around village Bagrumnala, which today is in Dhamtari district. This work depended on a large group of village based health workers who were trained and guided by me. When the new state of Chhattisgarh was formed, I was appointed a member of the advisory group on Health Care Sector reforms, and helped to develop the Mitanin programme, which in turn, became the role model for the ASHA of the National Rural Health Mission.”

More here.

People’s Union for Civil Liberties statement on Binayak Sen judgement

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This via Countercurrents.

24th December, 2010

Dr Binayak Sen

The People’s Union for Civil Liberties is deeply disappointed at the miscarriage of justice reflected in the judgement of Raipur Additional District and Sessions Judge B. P Verma sentencing our National Vice President Dr. Binayak Sen to life imprisonment under charges of sedition 124 (A) of the IPC read with conspiracy (120-B IPC) along with convicting him concurrently u/s 8-(1), (2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam,2005 (Chhattisgarh Special Public Safety Act, 2005) and u/sec 39 (2) of the Unlawful Activities Prevention Act, 2004 (amended). It is a sad day for the PUCL and all human rights defenders in the country and a black day for the Indian Judiciary.

Dr. Binayak Sen was charged with being a courier of letters from co-accused Narayan Sanyal to Piyush Guha. All through the trial not a single Jail authority appearing as prosecution witness confirmed this. In fact, there was no substantive evidence to confirm any of the allegations of the prosecution.

The PUCL holds that Dr Binayak Sen is a victim of the vendetta of the Chhattisgarh government for his bold and principled opposition to state sponsored vigilante operation Salwa Judum, which has been held unacceptable even by the Supreme Court. His conviction is one more example of the state succeeding in securing the conviction of an innocent person on the basis of false evidence. It is an occasion for the nation to demand drastic reform of the criminal justice system to ensure that it is not manipulated by the state to persecute, prosecute and victimize innocent persons.

The PUCL will continue to work towards Dr. Binayak Sen release and take all legal measures in this regard. It will also work towards building public opinion against the ongoing persecution of activists and Human Rights Defenders in the country.

Prabhakar Sinha ( President), Pushkar Raj ( General Secretary), Mahipal Singh ( National Secretary), Kavita Srivastava ( National Secretary), Kavita Srivastava (General Secretary) PUCL Rajasthan

Address for correspondence: 76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015 Tel. 0141-2594131 mobile: 9351562965