Frontline
December 1998
Campaign

GUJARAT
Stop stripping, torture of adivasi women

(Memorandum to the governor of Gujarat)

We wish to draw your attention to the gross violation of human rights and hooliganism unleashed
by activists of Vishwa Hindu Parishad (VHP) at

Shamlaji (District Sabarkantha) on 3–4 November 1998, harassing us and disrupting our peaceful awareness campaign against witch–hunting and oppression of women.

Every year, at the annual Kartika Poornima fair, adivasi women are stripped naked, beaten and tortured under the guise of "driving away evil spirits." This year, we organised a concerted 6–month campaign and also a mass awareness exhibition on November 3 and 4, which was very well received by the adivasis.

On the evening of November 3, however, more than 15 men claiming they belonged to the VHP, came to our exhibition. They began abusing us and charging us with foreign–funded, anti–Hindu activities. When they asked us to quit, we politely told them that we were only exercising our human rights as responsible citizens.

Later, at 11 p.m. the same night, around 50 armed men, barged into our pandal, in the presence of the police. They unleashed a barrage of abuses and threatened us with dire consequences, if we did not quit. We had to literally plead with the Dy. Collector, who was present, to summon the police force.

This entire session of terror and abuses unleashed by the VHP mob was being recorded on video by us. The video–cassette clearly shows the armed mob heaping filthy abuses and their comradely behaviour with the police.

Along with us at Nagdhara Kunj, PSI Patel witnessed several stripped adivasi women being beaten to drive away evil spirits, under the patronage of the armed VHP men. The Dy. Mamlatdar and the PSI were present while our videographer, was beaten with hockey sticks. The only evidence of this nexus between the VHP hooligans and police is recorded in our video–cassette, which the police have since seized.

These fascist attacks are not at all localised events but seem to be well–crafted strategies and directed by state level authorities. This episode clearly suggests that the VHP’s brand of Hindutva culture is not just minority–bashing, but also patronising atrocities on women by labelling them as witches and preventing any exercise of fundamental human rights by social organisations and civil society.

We demand that the police return our video–cassette and an investigation by a judicial authority is launched to initiate:

– Action against the VHP mob for filthy sexist behaviour with women activists, terrorising and preventing human rights’ organisations from exercising democratic rights.

– Action against the VHP in encouraging atrocities on women through superstitious practices of witch hunting and exorcism at Shamlaji temple kund on November 3-4,1998.

– Action against the police for not ensuring law and order, and abetting with hooligans harassing and terrorising us.

– Action (long–term) by the state in preventing atrocities on adivasi women under the garb of religious rituals.

Submitted on November 8, 1998 by

Veham Andhshraddha Virodhi Manch (Ahmedabad);

Vikas Adhyayan Kendra (Ahmedabad); Parivartan (Vadodara); Lok Jagruti Trust (Bhavnagar); Samvad (Ahmedabad); Manav Kalyan Trust (Sabarkantha); Ahmedabad Rationalist Association (Ahmedabad);

Adivasi Ekta Vikas Mandal (Sabarkantha); Sahiyar (Vadodara).

RAJASTHAN
Women’s rights activists framed on false charges

(Appeal for urgent action from Dr. Krishna Garg, Physicist, University of Jaipur)

Alice Garg, founder of a children’s home, BAL RASHMI, has been imprisoned since July this
year. Her activities have extended to all–round rural development and human rights, particularly WOMEN’S RIGHTS & EMPOWERMENT, a totally neglected issue in feudal Rajasthan.

In February 1998 the ruling BJP lost heavily in the elections for the national Parliament. They attributed this to the women’s movement headed by Alice and some others, which had criticised the government for increase in sexual and dowry crimes against women in the state and its policy of giving political patronage to criminals. This movement earned an unsavoury reputation for that government and brought it political harm in the elections. With the approach of state polls on Nov. 25,1998, a most sinister campaign was launched.

Since July 22, 1998 Alice Garg, her family and colleagues have been implicated in nine very serious criminal cases, all false and non–bailable, covering murder, rape and embezzlement of funds. Facing preposterously false charges and even torture, in order to induce false confessions, these people are in grave danger. Our first petitions to the government of Rajasthan and the government of India fell on deaf ears.

With the change of government in Rajasthan, we feel it is time for wider action. We owe it to the cause of justice and defence of human rights, to help Alice in her fight against injustice. We therefore appeal to you and the new government in Rajasthan to act swiftly and surely to undo this grave injustice, in order to discourage a repetition of such criminal and slanderous campaigns against them and other innocent citizens of India.

Please fax and post appeals to the listed addresses requesting immediate intervention to stop this politically motivated witch–hunt of Alice Garg, her workers and family members by the ousted BJP government in Rajasthan and the motivated section of the police. The appeal must specifically ask for dropping of the fraudulent cases. If necessary, the government may order re–investigation of all the cases by a new set of police officers. Please send faxes or letters right now and send us copies of your communications.

Mr. K. R. Narayanan

President, Republic of India
Rashtrapati Bhawan, New Delhi - 110 001
Fax # 91 – (0)11 – 301.7290 & 301.7824

Mr. Krishna Kant
Vice–President, Republic of India
Opp: Hyderabad House, Maulana Azad Road
New Delhi – 110 001
Fax # 91 – (0)11 – 301.7124

Justice M. N. Venkatchaliah
Chairperson, National Human Rights Commission
Sardar Patel Bhawan, 1st Floor
Fax # 91 – (0)11 – 334.0016 & 336.6539

Mr. Ashok Gehlot
Chief Minister, State of Rajasthan
Civil Lines, Jaipur 302 006
Fax # 91 – (0)141 – 381.687

Mr. Amitabh Gupta
Director General of Police, Rajasthan
Rajendra Hazari Guard, Jalebi Chowk
Jaipur – 302 002, Fax # 91 – (0)141 – 607.735

PAKISTAN
Indian High Commissioner must act more humanely

(Appeal for help in the release of three Indian minor children in a Pakistan jail )

Ashok Kumar, resident of Haryana, and his three minor children, Ajay Kumar, aged about 12 years,
Amar Kumar, aged about 9 years and Shaminder, aged about 5 years, were arrested on February 28, 1996 by the checking staff of the Torkham border check post on the Pakistan–Afghanistan border as he was trying to cross over to Afghanistan without a valid visa for Pakistan.The superintendent at Peshawar, after a thorough interrogation graded him "BLACK".

On March 19, 1996, he was sentenced to three years rigourous imprisonment. As his three minor children had no place to go, they were also put into Landikotal jail along with him. On July 18, 1996, they were transferred to Adiala jail in Rawalpindi, Pakistan, so that a representative of the Indian High Commission could meet them and arrange for their return to India.

An officer of the Indian High Commission did meet Ashok Kumar at Adiala jail. However, it seems no action was taken by the Indian High Commission to take them back to India. It is strange that the Indian High Commission was not willing to take charge of the three minor children despite the willingness of the Pakistan authorities to let them go. As the Indian High Commission refused to intervene in this matter, Mr. Ashok Kumar and his three children were finally shifted back to Landikotal jail.

Efforts for the past two years by non–governmental organisations to secure their release have failed, because of the lack of cooperation of the Indian High Commission in Islamabad.

If the Indian government fails to respond, they may go to jail once again, after the termination of the prison term on March 1999, under Section 40–FCR.

We request you to write to the Prime Minister of India asking him to intervene in this matter and ask the Indian High Commissioner in Islamabad to secure the release of these children immediately.

Please write to:

Mr. Atal Behari Vajpayee
Prime Minister of India, Office of the Prime Minister
South Block, New Delhi 110011

NATIONAL CAMPAIGN
Oppose death penalty for rapists

(Letter to the President, Prime Minister, Home Minister by the Women’s Centre, protesting against capital punishment for rape.)

Nearly 20 years after the women’s movement campaigned around the Mathura rape case, the
odds faced by rape survivors in this country remain almost unchanged. There are a lot of measures that need to be taken, including legislative ones; but the death penalty is not one of them. Sexual assault of children (many of them one, two and three years old) is, legally speaking, merely "outraging of modesty" in our country.

Section 155(4) of the Indian Evidence Act says:

‘When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character’.

(The same principle does not apply to the accused man. Section 54 - "In criminal proceedings (including rape) the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.")

We are one of the few countries in the world where the law actually calls upon the defence lawyer to be sure to make insinuations about the rape victim’s sexual history. The rate of conviction in rape cases, low as it was, has actually fallen. The reason is the lack of convincing evidence presented in court by the state agency, namely, the police. In this situation, awarding capital punishment is less likely to deter a potential rapist and more likely to deter the judiciary, as a death sentence would be irreversible. Action needs to be taken to ensure prompt support for rape survivors and to improve the functioning of both the medical personnel who provide crucial evidence and the police who prepare the case for court.

We request you to send post cards, telegrams or whatever mode of communication is possible to ask him not to introduce the death penalty clause, but in stead to strike down section 155(4) of the Indian Evidence Act. Give this campaign alert to as many NGOs, activists, human rights groups and others through e-mail or other modes. Ask them to send protest messages to:

Shri K.R. Narayanan
The President of India
Rashtrapati Bhavan, New Delhi – 110 004
Fax : 91– 011–301 72 90.

Shri Atal Behari Vajpayee
The Prime Minister of India
7, Safdargunj Rd., New Delhi – 110 001.

Shri L.K. Advani
The Home Minister
Ministry of Home Affairs, Govt. of India,
Gruh Mantralaya, New Delhi – 110 001

Shri M.Thambidurai
The Minister of Law, Justice and company affairs, , Tamil Nadu House, 6 Kautilya Marg, New Delhi – 21.

The National Commission of Women
4, Deen Dayal Upadhyay Marg, New Delhi – 110 002.
Please send a copy of your fax/letter to:

Ammu Abraham and Aruna Soni
The Women’s Centre.
104 B, Sunrise Apt.,Nehru Rd.,Vakola, Santacuz (E),
Mumbai – 400 055;Tel: 614 04 03


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