e – Voice Of Human Rights Watch – e-news weekly
Spreading the light of humanity & freedom
Editor : Nagaraj.M.R………………..vol.3…issue.07…………………28/04/2007
Editorial : Crimes at INFOSYS campus ?
– wake-up government of Karnataka – an open letter to mr.Narayan murthy
INFOSYS is an indian corporate which made india proud globally & made all it’s
employees prosper, become shareholders in the prosperity of the company. Infosys
has made & is making various humanitarian services/aid through it’s hard earned
resources. thereby bringing smile to the faces of numerous oppressed ,disadvantaged people. every indian is proud of responsible organisations like infosys & we do sincerely appreciate the company.
Recently , disrespect was shown to our sacred Indian National Anthem at your campus , aping Americans is not a big thing . Americans are what they are because they love their country. Every human being must love & respect his motherland & mother first , everything matters later. This crime at your campus is inexcusable.
There are also allegations that at your campus , usage of illegal drugs by inmates is rampant & some inmates behave indecently with girls . how you are ensuring the safety of women at your campus ?
Recently , it has been reported that there are recurring deaths of labourers at your construction site due to lack of proper occupational safety measures . also, it has been reported many of the labourers are not even covered by ESI & PF . from the day one how many persons have died & how many were injured , physically disabled till date ? what follow-up action has been taken by your organization ? is it not the duty of your organization to respect the law of the land with respect to labourer’s safety ?
However there are complaints of human rights violations in your own backyard. Infosys is building a vast campus in mysore since 2 years. The construction work has been given to contractors, who in turn has given out subcontracts . some of these sub-contractors are employing persons without E.S.I & P.F COVERAGE .these employees are forced to work at heights without any safety gears. some of these employees have suffered damages to their
limbs , hands ,fingers while performing their duties . in such events, the sub-contractor takes the injured to a private hospital, arranges for medical treatment for a day or two . afterwards , he is given a pittance as compensation ,dismissed from service & left to fend for himself . no further medical care at all. these sub-contractors are so cunning that they
don’t even leave a single shred of evidence to prove that the injured employee was working
on that site . the labourers attendance is just marked on a notebook , not any official register .as a result the injured is unable to legally prosecute the guilty . the end result fingers or hands or limbs lost to INFOSYS. Being the principal employer, is it not your duty to ensure proper E.S.I & P.F coverage of all contract labourers by their respective
contractors. Your organissation is not even responding to our queries , is it justified ?
AN APPEAL TO HONOURABLE CHIEF MINISTER OF JAMMU & KASHMIR
INDIA: District Magistrate misusing his office to lead a smear campaign against human rights activists
Names of victims: Several non-governmental rights-based organisations functioning in Leh, Jammu & Kashmir state
Alleged perpetrator: Mr. M. K. Dwivedi, District Magistrate and Deputy Commissioner, Office of the District Magistrate, Leh, Ladakh, Jammu & Kashmir
Place and date of incident: Leh, from 4 April 2006 and continuously thereon
I am writing to you to express my concern regarding the arbitrary orders issued by Mr. M. K. Dwivedi, the District Magistrate (DM) of Leh, curtailing the functioning of non-governmental/human rights organisations in that district. It is reported that this officer due to some alleged spite with the non-governmental movement in the region has taken an opposing stand against all the activities of non-governmental organisations within his jurisdiction since 4 April 2006. I am informed that all orders issued by the Magistrate contravene the provisions of law and the natural principles of justice.
I am informed that the DM has also ordered the local police to prevent all public protest against his order. I am informed that with this intention the officer has misused his office to prevent any public criticism against him. The officer has allegedly instructed the media, including the All India Radio, to refuse dissemination of all information in favour of those groups which the officer is now against, while at the same time has managed to form support groups to lead a smear campaign against the human rights organisations that the officer has declared war against.
I am also informed that the officer is now using these newly formed groups to disseminate false information against the human rights groups through the same media. These acts of the District Magistrate are a direct violation of freedom of association, expression and profession of the human rights activists and the organisations they lead. This act of the DM is in complete disregard of the beneficiaries of the human rights groups he has forced to stop from functioning.
I therefore urge you to immediately intervene into the matter and order an inquiry into the incident. I also request you to take appropriate measures so that the Leh District Magistrate Mr. M. K. Dwivedi is immediately removed from his post, so that an inquiry into the matter will not be interfered with by the officer. I also urge you to make sure that the public media is not forced to function according to the whims and fancies of an erring government officer.
AN APPEAL TO HONOURABLE CHIEF MINISTER OF WEST BENGAL
Dear Sir ,
INDIA: Illegal detention of two minors by police
Name and address of the victims:
1. Nuresha Khatoon, daughter of Mr. Mohabul Malitha, aged 14, residing at the Dayarampur village, under the jurisdiction of Jalangi police station, Murshidabad district, West Bengal
2. Pintu Shekh, son of Mr. Saider Shekh, aged 15, residing at Dayarampur village
1. Mr.Somnath Banerjee, Officer-in-Charge of the Jalangi police station in Murshidabad district
2. Mr. Tuhin Biswas, the Sub Inspector of Jalangi police station
Period of illegal detention: 6-9 April 2007
Place of incident: Jalangi police station
I am writing to express my deep concern regarding the illegal detention of two minors, a 14-year-old girl and a 15-year-old boy, in police lock-up for 3 days.
According to the information I have received, on 4 April 2007, Mr. Mohabul Malitha, father of Ms. Nuresha Khatoon complained to the Jalangi police station that his daughter Nuresha was missing. When Mr. Saider Shekh, father of Pintu, came to know about the complaint, he took both minors to the Jalangi police station as proof that there was no case of abduction to be made against his son. It is alleged that the children were playing together on their own free will. Although Mr. Shekh volunteer his son and Nuresha and showed his willingness to cooperate with the police, Mr. Somnath Banerjee, the Officer-in-Charge of Jalangi police station and Mr. Tuhin Biswas, the Sub-Inspector put the two minors in the police lock-up and chased away Mr. Saider Shekh from the station. The two victims were detained at the police lock-up until April 9.
I want to draw your attention that according to Juvenile Justice Act 2000, only Juvenile Police have authority to deal the matter of juveniles. However, in reality, there is no juvenile police in Murshidabad district in West Bengal. Furthermore, according to the Act, the juveniles can not be kept in police lock-up but must be kept in home or shelter.
I also want to inform you that the detention of Nuresha is in violation of Subsection 4 of Section 46 of Code of Criminal Procedure that “no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.”
Furthermore, the two victims were in police custody for 3 days in violation of Section 57 of IPC, which mentions that a person arrested is to be brought before court within 24 hours after the arrest.
I am also informed that one Mr. Abdus Sabur Mollah, son of Abdus Samad Mollah, a resident of Dayarampur village was forced by the OC of the Jalangi police station to file a false statement and an affidavit to support the police charge. It is alleged that the police are now trying to use this information to substantiate an FIR, number 71 of 2007.
With the help of one local human rights organization, an application has been submitted before the Juvenile Justice Board that both minors were illegally detained in Jalangi police station and that the board has asked the Superintendent of Police of Murshidabad district to submit a report in this case. However, there is allegation that the Jalangi police are trying to tamper with the evidence in the case so that they can escape liability.
In light of above, I request that you take appropriate action against the responsible police officers for the illegal detention of minors. I also urge you to ensure that the minors are released at the earliest possible moment and hope that you order an inquiry regarding the officers involved in the case. If found guilty, they must be held responsible for breach of law and be removed from service as well as punished. I also request you to prevent any attempt by the police from tampering with the evidence of the case.
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