It’s raining pits and potholes

Life at stake The roads across the country each monsoon, posing a threat to the life of commuters

The first rains of the monsoon lash Chandigarh while Ridhhi is on her way home from work. As she approaches Railway crossing number 126 at Manimajra, Chandigarh, a barricade, a gaping pit and a huge mound of dug-up earth greet her. She sighs, “Another road ravaged just before the rains! Why do they always start the construction work so close to the monsoons?” The said railway crossing is closed for the construction of a Railway Under-Bridge (RUB), the work on which has already been delayed by almost six years. As much as the project would ease traffic jams, the question arises that why would the local civic body green-light such a tedious project during the rainy season, even though said rains would hamper the construction work. As we shift our gazes to some other premier cities in India, we find the phenomenon is an oft-repeated one.

One must remember that modern meteorological and environmental science helps forecast weather well in advance. An efficient government can plan strategies well in advance to cope with the challenges no matter how unusual they are. Along with the building of huge bridges and underpasses during monsoons (which often turn into ponds after a heavy rain ), there is a dire need for a sustainable mechanism to manage the annual monsoon season. So why do the roads fall to pieces every year, even though we have just four months of monsoon? 

Cities in bad road woes

Roads have existed in India for the last 5,000 years. India has a road network of over fifty-lakh kilometres, the second largest in the world. About 63 percent of these roads are paved. Civic bodies and road contractors play the blame game every year by deflecting the responsibility for damaged roads on each other. All line departments have to work in tandem to deal with the challenges of monsoons, which seldom happens. Lessons have to be learnt from repeated monsoon havoc on these roads to devise effective strategies for future. Roads in India are subject to extreme temperature variations; hot and humid summers, monsoons and harsh winters, resulting in subsequent contraction and expansion of base materials. Moreover, specifications have not been changed in proportion to the rise in the number of vehicles. Water stagnation and traffic jams put further pressure on roads. The top layer of the road, which used to be 40-mm thick, is now reduced to 25 mm. The layer below, made of blue metal stones, has been reduced from 70mm to 50 mm. A civic body official from Ludhiana confessed, ”Using building debris for filling potholes was not in the list of approved filling materials. Yet contractors continue violating regulations. They hike project costs and timeframes midway. We have to keep mum due to political pressure.”

Usually, the lifeline of a road starts when it is sanctioned by the Transport Ministry. The projects involve contractors, brokers and politicians who want their share of business, commission and votes respectively. A road contractor from Mumbai lamented,”The civic body doesn’t give us the required number of road gullies and service ducts, adding pressure on the roads during heavy rains. The consulting agencies hired for planning and budget estimation for new roads give unrealistic targets. They seldom inspect the actual site. We underbid to keep our business alive. If we don’t, someone else will.”

Another contractor from Bangalore has a similar story to tell, ”Contractors of damaged roads are asked by the civic body to rectify the defects in ridiculously small time. Failing to complete the contracts can result in disqualification from further projects.” There is no minimum ceiling for the bid. Companies just try to win the contracts at any cost. Those making the roads indulge in heavy cost-cutting. This leads to the roads breaking in quick time. Thus, roads are made every year post monsoons and the overall expenditure exceeds the required cost. 

Experts also point to the ever-increasing burden on roads in urban areas. Sports utility vehicles (SUVs, meant for off-road and highway travels) and luggage carriers can often be seen on city roads in peak hours. Such heavy loads further add stress to the road ecosystem. 

The recent road over-bridge collapse at Mumbai’s Andheri railway station during a spell of heavy rain has raised concerns over the robustness of the city’s infrastructure. Vibhav Mehta, an Andheri resident, said, “Any structure, bearing so much traffic load needs regular inspection. Mostly, hasty patchwork is done on the roads just before monsoons to placate complaining residents of the area. The stormwater drains are not properly de-silted, adding to the burden on these overcrowded roads due to accumulation of stagnant water after a heavy rain.” Commuters on Delhi-Gurugram expressway were stuck in a monster jam, which lasted almost two days during the 2016 monsoon season. The civic authorities have done little in the past two years to prevent such incidents. Neha Arora, who resides in Gurugram and commutes to New Delhi for work, does not sound hopeful, “There was some road repair activity this year as well before the rains arrived. Sewage lines were laid in parts of the city. But the construction debris and the muck cleared from the road gullies was left on the side of the road. In case of heavy rains, the same waste material will block the road gullies again.”  Hadley, a Bangalore resident, sums up his woes, “The biggest issue is for motorcyclists as it becomes very dangerous when all of a sudden a big bump appears from nowhere on these flooded roads. If you are aware of where the bump is, you will slow down only to be splashed with dirty rainwater from a car next to you. The situation is bad and although everyone is aware of it, no action is being taken. Pathetic road conditions are prevalent even on expressways and bridges where one pays toll tax to use the road. So where is all this money really going? Is it robbery in plain sight by our authorities?” 

Contrary to popular perception in India, the subcontinent is not the only region at the receiving end of unrelenting rains. The UK is a developed country where it rains all throughout the year. According to recent estimates, 12 percent of UK roads are in very poor condition. Though the figures are better than India, sources say it would take about 14 years and £9.3bn to repair Britain’s roads properly. This proves the wrath of nature spares no-one.

There has been no major upward or downward trend of rainfall for the last few centuries but a decrease in rainfall in the last two decades, with a contrast record of increasing floods, has been experienced in cities like Chennai, Kolkata, etc. Thus, the oft-cited reason by the administration for urban floods-heavy rainfall in a few hours – does not hold. It is only an excuse for bad planning in the cities. The number of water bodies in all major cities of India has drastically come down over the last three decades. The floodplains and lakes in the low-lying parts of a city did not just fulfill the water needs of a city but also drained it off the excess rainwater that poured there. When construction blocked the path of water, it led to water-logging on the city roads. The blame then fell on the storm water drains which in most cases, were designed very long ago, assuming half the water would be absorbed by the soil. With the onset of rampant and indiscriminate urbanisation, most areas are now paved. As a result, very little rainwater is absorbed into the ground. Even at one inch per hour, the drainage system is coping with almost twice its intended capacity.

 

A way out

Though efforts are being made to find lasting solutions, they are too few and the implementation is too tedious due to the extent of the problem and the red tape involved. A scientist near Bangalore is working on self-healing roads that resist heavy rains, intense heat and poor drainage. Some experts suggest replacing Bituminous (BT) roads with Cement Concrete (CC) roads, which are more durable and easier to repair. But the real need of the hour is urban rainwater harvesting. Recharge wells and harvesting ponds need to be constructed in low-lying areas as well as around storm water drains, to collect excess rainwater. In countries like the Netherlands, the roads are constructed with a material that absorbs rainwater, which also allows for recharging of groundwater. This can be a boon in agricultural states like Punjab, where the groundwater levels have reduced to alarming levels. New roads should be designed to incorporate the needs of the local terrain, climate and population.

After a harsh spell of a typical summer in the Indian sub-continent, rain is welcomed as a blessing from the skies. In a country like India, with its extreme and varying terrain, roads form a lifeline by being the most flexible means of transport as they can handle high gradients, sharp turns, et al. The condition of roads during the monsoons gives a true picture of their quality. The difference can be seen in roads managed by BRO (Border Roads Organization), which face extreme weather and still remain in better condition than some big city roads. While those maintained by urban civic authorities are often ridden with potholes; these are not just minor potholes, but big craters at many places.  Governments change but the condition of our roads doesn’t. The only changes occur is names of policies, e.g. from Jawaharlal Nehru National Urban Renewable Mission (JNNURM) to Atal Mission for Rejuvenation of Urban Transformation (AMRUT).

Alas, the governing authorities cannot be held solely responsible. To avoid the wrath of the rains, we need to embrace the monsoons rather than try to fight against them. A sustainable Private Public Partnership (PPP) model is required to manage the monsoon season in urban areas. If public and private entities take charge of managing rainwater in their respective areas, by constructing feasible water harvesting and drainage systems, the burden on storm water drains and road gullies would reduce and the problem of water-logged roads will go away by itself.

letters@tehelka.com

Burhan Wani Lives On Two Years Since His Death

Photo: Faisal Khan

On July 7, the second death anniversary of the popular Hizbul Mujahideen commander Burhan Wani, Kashmir was under a tense lockdown. Security curbs were at their most stringent in South Kashmir and the downtown Srinagar. Large contingent of the forces was deployed on the streets to reduce the protesters’ ability to organise. In Tral, Burhan’s hometown, his grave was made out of bounds for the people.  Security personnel also dotted the road leading to slain commander’s home. Separatist leaders were put under house arrest and JKLF supremo Yasin Malik was detained at a police station. But despite all these measures, the protests marked the day. There was also a complete shutdown in response to the separatist call.

If anything, this state of affairs shows how Burhan continues to loom large over the Valley two years after his death in an encounter with the security forces. Kashmir has not been same again since. In 2016, his killing not only triggered a five-month-long unrest leading to the killing of around a hundred people and blinding several hundred but it also lent a disproportionate boost to the local militancy. According to a security estimate, more than 65 local youth have joined militancy since January, among them the PhD scholar from Aligarh Mannan Wani, son of the top separatist leader Ashraf Sehrai, an IPS officer’s brother and also a youth Abid Hussain Bhat from Doda in Jammu province which had otherwise been declared free of militancy over the past one and a half decade.

In the past two months alone, twenty youth are estimated to have taken up arms.

Burhan’s influence has been fundamental in altering the dynamics of the situation. Security and the civil society opinion largely trace the new age militancy in the Valley to the advent of Burhan and his popularisation of the militancy as a glamorous occupation through a deft use of social media.

“Up until 2014, the militancy was a largely underground phenomenon. They had no public or media presence. They hid their identities and masked their faces if at all their pictures were taken,” said a police officer not wishing to be named. “But Burhan changed it all. He opted out of anonymity and aggressively used the social media to propagate militancy. This caught the fancy of the youth who until then used to hear only distantly about the militancy through reports of their deaths in a far away encounter.”

But many Kashmiri observers don’t think that the social media alone set off Burhan’s legend and that he alone ushered in the new militancy in the state. “Legend of Wani wasn’t a product of Facebook alone.  Indeed, his Facebook pictures and videos made a difference. They also gave face to a name and made visible a reality that is supposed to operate in the underground.  The fact is that Burhan was the first to do so in three decades of militancy and so he instantly hooked people,” said Naseer Ahmad, author of Kashmir Pending. “But this doesn’t completely explain the shift that followed. What also played a role was a deep sense of siege, disempowerment and alienation that had taken a deep root by the time Burhan emerged on the scene.”

This sense of alienation has only grown deeper since the killing of Burhan. And his legend has correspondingly grown. One big factor in this is believed to be “the militaristic, muscular approach” adopted by the centre towards the state. The clamour in Kashmir is for a meaningful political initiative geared to address the Kashmir issue.

“A sustainable political process which addresses itself to achieving a political settlement on the state will certainly deprive militancy of its raison and address the public unrest,” said Ahmad. “Security approach may keep militancy in check but it will not end it as its trajectory over the past three decades tells us. In the existing situation not only will Burhan live on and remain an inspiration but new Burhans will also keep emerging.”

Bajrangi’s killing in jail raises many questions

The Uttar Pradesh government has begun the preparation to defend its position before the apex court over alleged extrajudicial killings in police encounters. The matter was brought to light in a Public Interest Litigation (PIL) filed by a Human Right organisation, People’s Union for Civil Liberties (PUCL). The apex court has issued a notice to the state government to submit its time bound reply within two weeks. The PIL sought a probe into such encounter killings in the state in the last one year.

At a time, when high-level consultation was busy defending the quoted utterances of Chief Minister Yogi Adityanath, Deputy Chief Minister Keshav Mourya and Additional Director of Police (Law and Order) Anand Kumar, the custodial killing in the Baghpat jail upset the tone of the preparations.

The government faced severe criticism when it failed to protect the life of an under-trial prisoner who was shot dead point blankly inside the premises of Baghpat Jail in western UP, on July 9, despite the early warnings by the deceased’s wife. A life-term convict assailant pumped more than ten bullets on the head and chest of Munna Bagrangi, an under-trial accused of murdering former BJP MLA Krishnanand Rai. He was getting ready to attend a court proceeding when he was killed.

Just nine days before the killing of Munna Bajrangi, wife Seema Singh held a press conference in Lucknow and asked for security cover for her husband. She alleged that some white collared people with connivance of some STF cops are conspiring to eliminate her husband in judicial custody and they had attempted to poison him in jail through their under trial mole. Bajrangi was named in the murder case of BJP MLA Krishnanand Rai, 13 years ago and facing trial in about 40 other heinous criminal cases under the charges of murder and extortion.

“Nobody is safe at his home or on roads. Even jails are not remained safe in UP,” commented senior congress leader and veteran parliamentarian Pramod Tiwari in talk with Tehelka. “In BJP rule, the law and order situation has become even worse than before,” he added. While criticising poor law and order situation, the State president of Samjwadi Party, Naresh Uttam said, “There is no law and order or rule of law. Even police sub-inspectors are not safe in police station, stabbed to death and constables are killed. Now, high security jails witness gruesome daylight murder.” “The governance in state totally failed in the hands of BJP,” he contended.

Chief Minister Yogi Adityanath has directed stern action against jail officials and assured that guilty would not be spared. Spokesperson of Aam Aadmi party, Vaibhav Maheshwari said, “There is anarchy all over the state. A prisoner is killed clod blooded in its premises. Nobody is safe outside either. There must be fair and impartial probe and entire case must be worked out at the earliest.”

On July 2, the Supreme Court bench comprising Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D Y Chandrachud has issued notice on the PIL for examining allegations of extrajudicial killings in police encounters and the role of Uttar Pradesh government. The PIL has also sought a probe into encounter killings in the state in accordance with apex court guidelines already enforced on the subject.

Petitioner even placed on records a news report published by some media organisations. The report examined cases of fourteen of the persons killed in police encounters in the state and found several patterns including the similarity in the language of all FIRs; the mention of accomplices who could not be traced; marks of police torture in the body, etc. It further reported that out of twelve families interviewed, only in one case family’s statement has been recorded for inquiry.

Petitioner also cited that in an interview to a news channel in June 2017, UP chief minister Yogi Adityanath had said, “Agar apradh karenge toh thok diye jayenge (If they commit crimes, they will be killed).” PUCL also quoted a news item carried out in March 2018.

The report also highlighted concerns raised by the National Human Rights Commission and relatives of the deceased persons regarding the likelihood of fake encounters, the abuse of power by police authorities as well as the apparent support by the State government,” petition argued. Petitioner cited Adityanath statement in response to opposition’s concern over the allegations of brazen powers given to police for encounter spree. Chief Minister Yogi Adityanath had said, “Everyone should be guaranteed security, but those who want to disturb peace of the society and believe in the gun, should be given the answer in the language of the gun itself.” 

According to a news report on  September 16, 2017, that the ADJ Law and Order, Anand Kumar had stated that police encounter in Uttar Pradesh were as per the “desires of the government, expectations of public and according to the constitutional and legal power accorded to the police.” The report further quoted Deputy CM Keshav Prasad Maurya saying. “Today criminals are terrified with the thought that either they will have to give up crime or leave U.P or may be even leave this world.”

Quoting the example of a gym trainer of Noida who was reportedly critically injured in a police encounter on February 5 2018, the petitioner referred to the observations expressed by the NHRC in a press release issued the same day: “The Commission has observed that it seems that the police personnel in the State of Uttar Pradesh are feeling free, misusing their power in the light of an undeclared endorsement given by the higher ups. They are using their privileges to settle scores with the people. The police force is to protect the people; these kind of incidents would send a wrong message to the society. Creating an atmosphere of fear is not the correct way to deal with the crime. In this particular case, the injured man is not an offender. He was travelling with his friends when the rowdy act done by the delinquent SI has gravely violated his right to life and liberty.”

Referring the dictum of the Supreme Court, that clearly said that “the state cannot adopt such means, which are against the constitutional principles to fight with terrorism or hardened criminals. Such extrajudicial killings in the name of encounters were considered as ‘state-sponsored terrorism’ and could not be permitted as it would be against the Rule of Law.”  The statements made by the Chief Minister and other authorities on the face of it violate the restrictions imposed by this Hon’ble Court on State’s duty while dealing with the criminals, the petition emphasised.

Petitioner of PUCL urged that the investigation should be handed over to the Central Bureau of Investigation (CBI) in addition to a monitoring committee headed by a retired Supreme Court judges to inquire into the role played by the state machinery in the act of commission of police encounters.

Lynching conundrum

The messages about “child lifters” swirling across many social media platforms have not only left 27 persons dead so far in nine states- Assam, Jharkhand, Odisha, Maharashtra, Gujarat, Andhra Pradesh, etc. but has left many wonder whether social media is doing more bad than good to India’s growing number of mobile Internet users.

If statistics are to be believed, mob lynching is nothing new in most of these states and has often claimed lives of innocent people in the name of “witch-hunt”, much before social media was invented and used, although women have been the prime targets.  

The Crime in India 2016 report of National Crime Records Bureau (NCRB) under the Ministry of Home Affairs says, 134 people were murdered (mob attacked) in “witch-craft” cases in 2016 alone, with Jharkhand reporting the maximum 27 murder cases followed by Odisha (24), Madhya Pradesh (19), Chattisgarh (17), Gujarat (14) and Telangana (11). Assam, Haryana, Maharashtra, Meghalaya, Rajasthan, Punjab, Uttar Pradesh, and West Bengal reported rest of the cases during the year.

Witch-hunt was one of the eight major reasons behind mob-lynching in 2016, the other being road rage,extremism/Naxalism, casteism, robbery, extortion, rape, class conflict and political reasons.

The number was higher in 2014, out of 157, 30 per cent (127) of such murders were reported in the tribal-dominated Jharkhand followed by Odisha (32), Madhya Pradesh (24) and Chattisgarh (16), said the 2015 NCRB report. The bureau said 2,097 murders were committed between 2000 and 2012 where witch hunting was the main reason.

The police investigation into most of mob attack cases in rural India revealed almost similar modus-operandi — be it in the tea garden areas of Assam, or mining hotbeds of Jharkhand or Odisha.  

In a public interest litigation (PIL) filed by Seema Bhuyan, a young lawyer in Gauhati high court, that sought strict action against mob lynching, particularly in Assam argued, “According to our rule of law, no person can be punished with the authority of law. If any person who commits a crime, he/she can be punished through the procedure of established by law.” 

However, nowadays it has been seen that people often tend to go for mob lynching and thereby giving punishment to a person without any legal authority for an offence. Preservation of life is the most important right for an individual and the state has to protect it. Such frequent incidents of mob lynching have resulted in the violation of Article 14 and 21 of the Constitution. These kind incidents are a blot on the face of our democracy because we have a democracy, not mobocracy in India,” she added.

The PIL was filed in June this year following the lynching of two youths from Guwahati — Nilotpal Das and Abhijit Nath, on June 8, in a village in Karbi Anglong district. The two youths were beaten to death by a mob of at least 250 people who suspected them to be childlifter.

Nilotpal and Abhijit were dragged out of their black SUV after a youth informed the villagers that two child lifters (Das and Nath) had kidnapped a boy from their Panijuri village and is taking him in their car, leading to the lynching of the two.  

WITCH HUNT CASES

Jharkhand

A mob of unidentified persons attacked an elderly couple at Dadgama village in Jharkhand’s Khunti district, after branding them to be witches, killed them and beheaded the lady. The gang, at least six persons barged into the house of the
victim, identified as Satri Munda, 55 and his wife Javni Devi, 50. The mob threatened and assaulted their children when they cried in fear. Although police arrested the killers a few days after the gruesome attack, many in the state have got bails due to police’s failure to gather substantive evidence to prove their involvement. The state continues to struggle such witch-hunt attacks, mostly triggered by superstitions prevalent in tribal society, despite being one of the seven states having a specific law to check witch-hunt was back in 2001.

Assam 

Among several cases of witch-hunt attacks in Assam—attack on Debjani Bora, an athlete in Karbi Anglong district in October 2014 and killing of an Adivasi couple in Kokrajhar district in April 2017. The couple at Palashguri village in Kokrajhar district was sleeping in a hut when they were killed after their five children were tied in another hut as they shouted for help. Since then the five children are being taken care of in an orphanage in Nagaon district. After being asked by Gauhati high court in 2016, the state Assembly passed an anti-witch hunt bill, which got its nod from the Centre recently.

Odisha

The attack on the family of Guru Munda, a 40-year-old tribal at Mundasahi village in Keonjhar district in July 2015 is one of the chilling “witch-hunt” murders in Odisha, a state which reports second highest witch hunt attacks after Jharkhand. Munda, his wife, Budhini, two daughters and two sons were brutally murdered in a span of 30-minutes. According to police, although women were the focus of the Odisha Prevention of Witch Hunting Act, 2014, men were also found to be victims in many cases.

Maharashtra

Maharashtra is one state that tried to enact a law against witch hunt and other superstitious practices some years ago. It failed primarily because of opposition from some religious groups that felt that the law might do away with certain ancient rites altogether. The number of witch hunt attacks in the state saw a decline after the state brought in the Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil, Aghori Practices and Black Magic Act in 2013.

Root of witch-hunt lynching     

As at least 12 states grapple under witch-hunt lynching, many tried to understand the root causes of such a dangerous practice. A study conducted by Partners for Law in Development, an NGO, witch-hunting is rooted in patriarchy, financial disputes, superstition and other personal and social conflict. More often than not, these conflicts arise out of jealousy or conflict and tension between the victim and their relatives, friends or acquaintances. Lack of proper medical facilities in interior areas often people resort to ojhas or quacks, who often blame a family or woman in a village as a witch, resulting in such lynching. The ‘punishment’ meted out ranges from death to being banished from their homes.

Psychologist viewpoint

Apart from the poor socio-economic condition of the villagers, Deppanjali Medhi, an associate professor of psychology of Gauhati Medical College and Hospital said militancy, riots and violent agitations and the law enforcement agencies’ failure to punish those involved in such crime could have led people to take law into their own hands for “instant justice.” “When people see others being gunned down, deaths in bomb blasts and often victims not getting justice, the fear of death reduces and they tend to take the law into their own hands for instant justice,” she said.

 Legal safeguards

Sadashib Narlekar, a Mumbai-based lawyer who is associated with NGOs working for victims of mob violence, said although social media misuse was blamed for the recent lynching, most rural people are unable to distinguish between fake news and the real one and get influenced quickly by such messages and jump into action — be it attacking persons suspected to be child lifters or those identified as witches. “A section of people having knowledge of social media may take advantage of such situation in order to take revenge on a person or a family having a personal grudge,” he said.

Similar facts came to light during an investigation into the recent lynching of two youths in Karbi Anglong district in Assam. A youth, who was identified as prime accused and arrested later told police that following a brief quarrel with Nilotpal and Abhijit, he had called neighbouring villagers informing that the two were child lifters. The villagers trusted him and caught the duo and killed them.

Asian Human Rights Commission, the Hong Kong-based human rights organisation, said since there is no specific penal law criminalising mob lynching in India, those taking part in such activities and murder are held accountable under various sections of the Indian Penal Code. “This could range from provisions such as Section 302 for murder, Section 304 for culpable homicide, Section 307 for attempt to murder, Section 323 for voluntarily causing hurt, Section 325 for voluntarily causing grievous hurt, and when it comes to crimes committed by a larger number of people, Section 34 for common intention, Section 141 for unlawful assembly and Section 120 B for criminal conspiracy, as well as the relevant sections criminalizing rioting,” the NGO said. Meanwhile, NGOs in India have launched a campaign for penal laws against mob lynching under the banner of National Campaign against Mob Lynching.

letters@tehelka.com

Killings by the state murdering democracy

What are encounter killings? What are the so-called encounter specialists up to? What is the role of the State in killing its own citizens? What is the State trying to achieve, bypassing the traditional ways to settle crime and the so labelled criminals? What havoc is this new form of State terror tactics heaping on masses of the country, who are anyway surviving amidst tough and challenging circumstances?

Till about few years ago, the term encounter killings seemed reserved only for those living in the so -called conflict zones of the country or for those fitted in the underworld, but today the State seems to have adopted this strategy to liquidate just about any rival coming in its way. Victims could range from political opponents to personal enemies to those who are not part and parcel of the very nexus controlling the very system.

I have been going through the long list of recent encounters and also of those lying dead or injured or captured in those targeted killings. The largest number of encounters have been reported from the State of Uttar Pradesh in the last one year. Quoting these figures from the PUCL’s very recent findings on encounters taking place in Uttar Pradesh: Since March 2017, 49 people have been killed in over 1,100 encounters. More than 370 have been injured and over 3,300 arrested across the state.

And though activists have been crying hoarse, labelling a majority of these encounters to be fake and undertaken by vested political interests to eliminate rivals and opponents, but the actual culprit cops have not ever publicly spat out against the political might, at whose commands and orders these encounters are undertaken. With this in the background or foreground, I was more than surprised to read cop RB Sreekumar’s volume — Gujarat :Behind The Curtain — (English edition published by Manas, and its Hindi, Urdu, Gujrati editions published by Pharos Media) where this whistle-blower top cop of the Gujarat cadre writes rather too candidly about the nexus that works between the partners in crime — cops, the politician and the bureaucracy.

Space constraints come in way of my detailing the alleged proximity of the former encounter-specialist of Gujarat, DG Vanzara, with the top political brass of the Gujarat … Perhaps, DG Vanzara’s resignation letter published in Kumar’s volume speaks volumes , “DIG DG Vanzara, jailed since April 2007 for the alleged guilt of committing fake encounters ,in his resignation letter to the government of Gujarat, dated September 1, 2013, captioned — ‘Tendering of resignation from my service with renunciation of all post- retirement benefits’ wrote ‘Gujarat CID / Union CBI had arrested me and my officers in different encounter cases, holding us to be responsible for carrying out alleged fake encounters, if that is true then the CBI investigating officers of all the four encounter cases of Sohrabuddin, Tulsi Ram, Sadiq Jamal and Ishrat Jahan have to arrest the policy formulators also, as we, being field officers have simply implemented the conscious policy of this government, which was inspiring, guiding and monitoring our actions from very close quarters. By this reasoning, I am of the firm opinion that the place of this government, instead of being in Gandhinagar, should either be in Taloja Central Prison at Navi Mumbai or in the Sabarmati Central Jail in Ahmedabad.’”

Have we ever paused to think on what happens to the families of those killed or captured or injured in the various encounters. They are ruined on any given front, with social and economic offshoots hitting them to such an extent that they find basic surviving to be near impossible. Of late, I have been reading news reports, where hapless families of those killed in the Uttar Pradesh encounters have said that their men have been framed and done away with, and they have little means and nil resources to seek justice. They have little choice but to carry on with the tainted image inflicted on them.

This brings me to write that few years after 19-year-old student Ishrat Jahan’s killing in that much-hyped encounter, on an empty stretch of road between Ahmedabad and Gandhinagar in Gujarat, by the officers of the Ahmedabad Police Crime Branch led by DG Vanzara, I had interviewed her mother, Shamima Begum, and also her younger sister, Musarrat Jahan. It gets difficult to describe the trauma they were facing. To quote Musarrat, “It was such a blow on all possible fronts; emotionally, socially, financially.  Ever since Ishrat was murdered, we have just kept to ourselves and seldom move out, we have become wary of stepping out and meeting even the neighbourhood people. Our studies got disrupted. It was difficult to even survive, forget about books and studies. I sat blank, in a trance-like condition. I gave up studies, stopped going out, and didn’t meet even any of our relatives. Even financially our situation worsened. After our father had died in 2002 because of brain tumour, the entire responsibility of the family fell on the eldest of the seven sibling, Ishrat Jahan. She had begun taking up part- time jobs and tuitions together with her college level studies, to keep the home fires burning. But with her killing we are ruined … toot se gai hain … we want justice for my sister. After all, that encounter in which my sister was gunned down was staged for political gains. It was a well concocted false charge that my sister had gone to kill Chief Minister Narendra Modi, and so they had her killed in that encounter.”

Musarrat Jahan had repeatedly said that though they are ruined and devastated but determined to get justice. “For us it is a fight for ‘insaaf’, to remove the terrorist tag thrown at my innocent sister, at us, at my entire family. You cannot imagine how difficult it’s been for us to survive.”

They were fortunate enough to have had the well-known lawyer, Vrinda Grover, fight their case. In fact, Grover had then told me that she had decided to take up this case of slain Ishrat Jahan because, “It was the conviction of the mother and family in Ishrat’s innocence and their determination to have her name cleared that persuaded me. They want their respect and dignity restored.” Till date I haven’t read a full- fledged volume on the rising number of encounters taking place in today’s so- called developed India, but in one of the volumes written by a former jailed inmate there is a detailed description of his near -death in an encounter.

Probe time CBI or SIT probe sought into all encounter killings

I Am A Mufti & I Am Not A Terrorist -11 Years Behind the Bars — written by Mufti Abdul Qayyum Husain Mansuri carries not just details of the torture inflicted on him after he was “kidnapped” by Gujarat Crime Branch and then implicated in the Akshardham case, but much more…Imprisoned for 11 long years till acquitted by the Supreme Court of India; one of the first things he did was to write this book, carrying not just details of his prison years but also of the one encounter he faced.

To quote from this book: “It was the cold night of Thursday, 18 September 2003. I was sleeping in Vanaar’s office in such position/condition that one of my hands was cliffed and locked with the table. I was asleep with great difficulty when one of the officers awakened me by kicking me on my back with his shoes. Singhal was standing in front of me and the best kind of Awadh’s fragrance was witting from his clothes. Behind Singhal one face was seen. He was V.D. Vanaar. On Singhal’s order, the hand cliff was unlocked from my hand. V.D. Vanaar took me along and said, ‘come on, its Sahab’s order today your encounter has to be done. I was told you offer namaaz/salat for dead persons, today offer namaaz for yourself. I was pushed to sit in a Tata Sumo [car]…After misfiring on me on one or two places, Vanaar asked for the revolver from P.S.I., R.I. Patel and after directing the vehicle (Tata Sumo) on two, three roads, told the driver to take it near the canal. On the way, Vanaar also narrated the legend of his mastery in encounters and the allotment of medals from the government. He said: See I have killed Hameed Lala. I have killed Ranapwala here on the stairs of the crime branch, and he counted some more names and said even after so many encounters what harm the government and the court done to me. On the contrary, I was given bravery medal of ‘Puraskar’ and 51,000 as an award. Today this encounter of yours is the sixth one. Tomorrow we will give this story to the media and newspapers that are going to investigate the case: on getting chance he ran away, somehow he got a revolver from somewhere and fired on us and on back-firing (from us) he was shot …The vehicle was stopped at one place in the dark night. As per my assumption, it was some place behind the airport, because the lights of the airport were seen from there. On both sides of the road there was the canal….Then they led the vehicle deep inside on the other side of the canal, on the left side and all the braves got down from the vehicle after stopping it at a vast open space and they also got me down by pulling my beard and abusing me…Vanaar took out the revolver and told his companions to move aside a bit after he aimed the revolver on my head …I was standing alive dumb with amazement and was astonished, because the bullet did not strike my head but passed by my head. After that five fires were shot on my right and left side of the head and on the left and right side of my legs ….Until now, Mr. A.A. Chauhan, being a silent audience in this blood-shedding drama, entered the scene. He came forward and said, Vanaar sahab don’t kill him. I want to give him a last chance, after talking to superior officer. Then asked me, turning towards me: if you confess all that the superior office says then I can save your life…”

Personhood For Non-Human Animals — A Historic Moment

The Uttarakhand High Court at Nainital, in a petition praying for restriction of movement of horses and mules between Nepal and India, declared all animals (non-human animals including birds and fish) as legal entities. Animal welfare and animal rights advocates across the country are celebrating this landmark judgement.

While it is important to recognise the rights of animals, it is even more essential to recognise the duty of care that we, as humans, have towards animals. The Supreme Court recognised this duty of care towards animals, mandated in section 3 of the Prevention of Cruelty to Animals Act, 1960, in the case of Animal Welfare Board of India vs. A. Nagaraja& Ors. The High Court at Nainital too vested the responsibility of protecting animals, ensuring their welfare, on us- the human citizens. The recognition of animal rights must be harmoniously read with the duty of care- without which, we cannot secure the ideal concept of rights.

This declaration is an opportunity for us to introspect on our relationship with the non-human animals we share the world with. A majority of the interaction we have with non-human animals is through their exploitation. We interact with animals when we raise them in intensive factory farms for slaughter, when we confine them for experiments in the name of science, breed them for trade and encroach upon their habitats. While we theoretically confer them with personhood and rights, animals are still held in zoos, circuses, and scientific laboratories.

For too long, we have regarded non-human animals as objects, having no intrinsic worth beyond their use for us. This judgement is the beginning of the dialogue to change the narration, to recognise the animals as living, sentient beings. The education system must include material that instils an interest in and respect for all living beings. These are objectives best fulfilled by providing knowledge that emphasizes animals as living, sentient creatures who share the environment with humans.

The key to realising this historic judgement is to forge a lasting and comprehensive change in human consciousness of and behaviour toward all animals in order to prevent animal cruelty, exploitation, and neglect and to protect natural habitats.

The Government of India must recognise its fundamental duty towards non-human animals, as enshrined in Article 48-A &51 A(g) and reiterated by the Hon’ble Courts of this country, and implement animal welfare laws in letter and spirit. Only then can we, as a Nation, protect and preserve the entire community of life.

 

The author is an animal welfare law consultant.  She conducts training sessions for law enforcement agencies and workshops  for magistrates in many States for better understanding of animal welfare laws. She has been awarded the Nari Shakti Puruskar by the President of India in 2018, which is the highest civilian award for women in India. Her efforts have led to several landmark judgements in the field of animal welfare.

World unites to rescue minors from Thai cave in miraculous operation

TWELVE MINOR BOYS and their 25-year-old football coach, who went exploring on June 23 in Thailand’s Chiang Rai province and ended up getting trapped deep inside a flooded cave underneath a mountain, were rescued in a monumental operation conducted by the Thai Navy SEALs along with divers from across the world. The boys, members of a local youth football team called the Wild Boars, and their assistant coach, Ekkapol “Ake” Chantawong, went exploring inside the Tham Luang cave, a favourite haunt for them in the mountain range towering over their village Mae Sai. They would often venture deep inside the cave, sometimes as far as eight kilometres, and would return after spending a couple of hours there. However, this time they were trapped inside for two weeks as the cave got inundated with rain waters when they were inside. They were caught off-guard by a flash flood and needed to get out, but instead had no choice but to scramble even deeper into the cave. While it was known that the group had ventured inside the cave, it took several days to find out where exactly they were and that they were all alive. The international rescuers were the US air force rescue specialists, and cave divers from the UK, Belgium, Australia, Scandinavia, and many other countries. Some had volunteered, and some were called in by Thai authorities. The divers faced a tough time as they had to fight constant battles such as swimming against strong currents and being forced back by rising floodwaters. On July 2, over a week after the boys had gone missing, they were finally discovered by two British divers. The boys and their coach were quickly joined by a military medic and Navy SEAL divers who stayed with them for the rest of the ordeal.

They were put on a special diet of medicated liquid food and mineral water infused with vitamins. Rescuers set to work in figuring out how to extract 13 people — some of whom couldn’t swim — from a winding, flooded 4km-long stretch of caves that even experienced divers would struggle with. Finally, on July 10, over two weeks after they were trapped, rescuers took them out in batches of three over three days in what is being called a “superhuman” mission. While all the boys and the coach were miraculously rescued, former Navy Seal diver Saman Gunan, 38, who was one of many volunteers to have rushed to help in the rescue, died.

Police Arrest religious teacher for raping minor girl student in Darbhanga

Police arrested religious teacher named Mujibur Rahman (65) on July 18 for allegedly raping a nine-year-old girl in a village under the Hayaghat police station area in Darbhanga District, Bihar.

“The victim suffered serious injuries to her private parts. We have arrested Mohammad Mozib-ur Rahman and have initiated an investigation into the matter,” Police officer Anuj Kumar reportedly said.

The Police sources revealed that Rahman used to give home tuition to the victim around 9 pm every day on religious texts. On the fateful day also he had gone to her house and lured her with chocolates. Finding her alone in the room, he allegedly sexually assaulted her. On hearing the loud cries, the girl’s mother rushed in found that teacher is forcibly trying to shut child’s mouth. He then fled the scene.

Hayaghat SHO Dilip Kumar Pathak said that the victim was bleeding from her private parts and she was taken to Hayaghat PHC for treatment. The girl was later sent to Darbhanga Medical College and Hospital for treatment where her condition is said to be still critical.

The SHO said the accused was arrested after an FIR was lodged against him under section 4 and 6 of the POSCO Act.

Anti-Trafficking Bill: Survivors come face-to-face with lawmakers

Hopeful survivors of human-trafficking came together, at the national capital from all over the country to showcase their resounding commitment for early passage of the anti-human trafficking Bill, which got introduced in the parliament on July 18.

Prayas Juvenile Aid Centre (JAC) Society, on July 19, held a national consultation on Human Trafficking with the Members of Parliament and survivors of human trafficking. The survivors, hailing from different parts of the country, deliberated with the MPs, civil society organisations for an early passage of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 in this Monsoon Session of the Parliament.

Shatrughan Sinha, MP, Lok Sabha; Manoj Tiwari, MP, Lok Sabha and Kothapalli Geetha, MP, Lok Sabha attended the consultation and extended their strong support for the early passage of the Bill. Eleven survivors hailing from eleven states of India shared their experiences of human trafficking, ranging from sexual exploitation, bonded labour, forced marriage, organ trade and other forms of trafficking.

In his address, Amod K Kanth, Founder General Secretary, Prayas, said, “Today, as we recount stories of despair, we also wish to make a strong statement of courage! We stand with our leaders and extend the responsibility of bringing forth a strong anti-trafficking legislation to protect, rehabilitate survivors of human-trafficking and ensure prevention for one’s vulnerable to this crime to them! We strongly support the long overdue Bill as it takes care of all the concerns.”

Manoj Tiwari, MP, Lok Sabha said: “At times we don’t go into details of the bills introduced, but having heard the stories from the survivors, I will definitely support the Bill and put forward the arguments in the support. Your voice has inspired me to fight with these social evils with more energy and valiant. I assure you all that I will be with in this fight always.”

Kothapalli Geeta, MP, Lok Sabha said: “This subject is very close to my heart, because I am a woman and I believe every woman in Parliament will support this bill and this bill will be passed at the earliest.”

Shatrughan Sinha, MP, Lok Sabha said: “Survivors have narrated a horrific tale and the delayed justice is something we should worry about. One survivor talked about being trafficked to Mumbai from West Bengal and when she approached police, Mumbai police asked her to file a FIR at home station and home station asked her to report in Mumbai. It’s sad that this reality still exists. But the new bill has a provision for Inter-state Investigation and a National Anti-Trafficking Bureau, which will solve the problem. Yeh bill der se aaya hai lekin durust aaya (Though a little late, but it’s very good that this bill has been introduced) and I am hopeful that it gets passed in the monsoon session. After hearing the shocking stories of the survivors today I feel more committed to strongly support this Bill whenever it comes up for discussion.”

Human-Trafficking in the worst violation of human rights and the third largest organised crime after drugs and the arms trade across the globe. Men and women including children continue to be vulnerable to human trafficking for domestic work, forced labour, forced marriage and sexual slavery. The problem of trafficking is particularly prevalent in India since it is a source, destination and transit country for victims of trafficking.

The existing law around trafficking, Immoral Traffic (Prevention) Act, 1956 is centred around solely sexual exploitation and has been mostly used to persecute sex workers instead of the actual perpetrators by allowing for their arbitrary arrest and penalisation.

The new proposed legislation, Trafficking of Persons Bill (Prevention, Protection and Rehabilitation) 2018 on the other hand, covers all aspects of human trafficking- including aggravated forms of trafficking like forced labour, begging, administering chemical substances and hormones for early sexual maturity, forced marriage, etc. It provides for prosecution of promoting or facilitating trafficking of a person which includes producing, printing, issuing or distributing unissued, tampered or fake certificates, registration or stickers as proof of compliance with Government requirements; or commits fraud for procuring or facilitating the acquisition of clearances and necessary documents from Government agencies.

The Bill provides for designated Courts for fast-tracking trials and timely repatriation of foreign victims – within a period of one year from taking into cognizance, which is a highly commendable move as there are many cases of trafficking from across neighbouring countries such as Nepal and Srilanka. Another novel aspect of the Bill, is its provision for seizing property of the traffickers (even in international locations) considering the global nature of the crime. A dedicated mechanism is proposed to be created under this law at each of the District, State and Central levels to implement the Bill in its entirety.

Kerala Orthodox Church case: Magistrate Court rejects bail plea of 2 accused

A Judicial First Class Magistrate Court in Thiruvalla on July 19 has rejected the bail applications of two priests, Father Job Mathew and Father Johnson V Mathew, who were arrested in a case of sexually assaulting a woman parishioner in June.

Both the accused are currently lodged in the Pathanamthitta district jail and in the coming days they are likely to move the Kerala High Court regarding their bail petitions.

A woman was a regular visitor to Malankara Orthodox Church. She had accused four priests of the church of sexually abusing her for a decade.

Victim’s husband had complained that she came under the threat from at least five priests. Out of the five one priest started exploiting her in the beginning and then even started blackmailing her.

When she sought help from another priest, he too, threatened her and shared her contact with a fellow priest and she was eventually victimized by all of them.

Currently, the National Commission for Women is monitoring the case. According to the police, one of the priests escaped action as the victim had mentioned only four names.

The Malankara Orthodox Church had suspended all the four priests after the complaint was filed in the matter.

One among the four accused priests surrendered on July 12.

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