Friedrich-Naumann-Stiftung für die Freiheit - Campaign against torture in India

Friedrich-Naumann-Stiftung für die Freiheit - Campaign against torture in India [Druckversion]

Campaign against torture in India

In the third year of the implementation of the EU-FNF supported National Project on Prevention of Torture in India, the focus is on the advocacy and lobbying. The fact finding and intervention data in all the nine states are complete and cases are identified for hearings during the state level public tribunals. The recently concluded Public Tribunal in Varanasi (28-29 April, 2008) was a very important event in the state of Uttar Pradesh from the point of civil society groups and its campaign for individual rights.

People’s Vigilance Committee on Human Rights (PVCHR), the local partner of PWTN in this project, had shortlisted 78 cases of police torture including cases of custodial violence, police encounters and atrocities. The project staff has both documented the cases through fact-finding and undertaken interventions at the level of human rights institutions and mission courts. 57 out of the 78 cases are related to cases of torture in police station.

The eleven member Jury committee representing eminent persons like former police officers, functionaries in the National Human Rights Commission, media, lawyers and other civil society groups in their interim report concluded that the majority of the victims of police torture come from the socially and economically backward sections of the society including women and minorities. The primary reason for their inviting wrath of the police has been their courage to question the state. The rising consciousness among people to assert their rights has resulted in individual and groups confronting the state. Absence of effective human rights institutions both at the state and national level and the delayed judicial process has created a sense of hopelessness among the ordinary citizens. This is also resulting in a crisis of the rule of law. The Jury members also felt that the human rights commissions need to be more pro-active and constantly upgrade their complaint mechanism system to repose faith of the common man on these institutions. All the members unanimously agreed on the urgent need to lobby, with the state governments to undertake police reform programmes. They also agreed to lobby with the political parties and the government of India for legislation of domestic law on torture and ratification of UN Convention against Torture.

State accountability and providing a torture free society have never been the primary political agenda of any government in India, despite being the largest democracy. Dr René Klaff, Regional Director FNF, while addressing the victims said at the beginning of the tribunal in Varanasi that the state of Uttar Pradesh has often set the political agenda for the country and now it must set a people’s agenda for a torture free society by reforming human rights institutions and making them more effective.

During the public tribunal issues like witness protection and victim care were raised again. The constant demand in the project of the need for immediate physical and psychological rehabilitation of the torture victims gained support from a high level delegation from the EU led by H.E Ms Daniel Smadja, Head of the Delegation, European Commission in India and H.E Mr. Marc Courte, Ambassador of Luxembourg, when they visited the project area in Howrah, West Bengal. The delegation was accompanied by Dr René Klaff, Regional Director FNF, met victims of torture, interacted with the project staff and the medical staff of Sramajivi Hospital where the victims whose cases are taken up by the project are treated. MESUM, the local partner for the project in West Bengal, has been at the forefront in demanding rehabilitation centre for torture victims in the state.