A national level seminar on “Human Rights Movements and Human Rights Defenders: Challenges and Prospects” was organized in conjunction with M.A. Thomas National Human Rights Award 2012 from 9 to 10 August 2012 at the Ecumenical Christian Centre.  This seminar highlighted the Challenges and Prospects of Human Rights Movement and Human Rights Defenders in India Today and critically analyzed several issues of ongoing struggle at different parts of the country such as   Anti-nuclear power project, Anti-Posco project, Srikakulam Thermal plant, Chaliyar river pollution, air pollution, environmental rights, indigenous people’s rights and Land rights etc. 

There were about 25 participants from different background attended in the seminar and shared their experience working at different level to promote human rights culture.

Dr.  Cherian Thomas, Director ECC and Secretary Board of Trustees, Vigil India Movement, welcomed the participants and introduced the core value of the seminar.

Mr. B.R.P Bhaskar, a senior Journalist and Human Rights Defender delivered the thematic address “Human Rights movements and Human rights Defenders- Challenges and Prospects in India today” In his address Mr. Bhaskar quoted Jawaharlal’s statement as to India having as many as 70 million problems which it faced based on those days population. Currently we have 1 billion problems to solve. The tribal problems of anti-posco movement at Orissa were narrated where the South Korean Steel project which if completed would be the biggest steel project in the world. This has created a land mobilisation problem for the tribal’s who are to be moved out of their habitat and given accommodation away from their source of livelihood. If the project is completed, it would be the biggest foreign direct investment in India with about 120 billion USD. The parliament of India has approved of this project and the FDI. This tribal agitation is being helped by the Maoist and the naxals.

The case of Binayak Sen was given an insight into where international intervention was brought in, which turned the scenario in the Indian judiciary and he was granted a bail. Soni Sori’s case of rape victim suffering under the hands of Police and the naxals was brought into the lime light how the innocent victims were being targeted and tortured by both the Police Force and the Naxal militants.

He spoke on the supremacy of the civilians. The disregard of the constitution of India by the parliamentarians was brought in when he spoke of the Schedule - 9 of the constitution.

Mr. Syed Musab, a Research Scholar, who has travelled frequently to the Anti-POSCO and Anti-Koodankulam as part of his research studies, elaborated the consistence of Peoples Movements and Peoples Struggles in India.  The struggle against POSCO in Odisha and another against nuclear power plant in Koodankulam are two different kind of People’s resistance. While one is against land, displacement and overall neo liberal economic policy, the other is more ideological fight against nuclear energy but in both these struggle the running theme is the question of democracy.

In both the places one in upper part of India and another in lower part of this great nation the struggle has faced massive repression from the state. Those fighting against government policies and actions are slammed with numerous cases. Their protest is slammed as seditious and their actions are considered as ‘waging war against state’. This in turn has created a human crisis. People in POSCO project villages are suffering since seven years although the movement has never surrendered itself. The people in these villages facing charges are unable to go outside see doctors, women inside the villages have gynecological issues but they are not getting the right treatment.

But both these resistance movement have shown great strength although in Koodankulam things are not very optimistic but in their phase of struggle strong culture of resistance is well exhibited. The women of both these affected areas have played phenomenal role to keep the struggle alive.

There is certainly a great gap in communication as well, communication not in the sense that state is unable to hear them but in terms that the language and semiotic production of these movements are yet not significant enough to bring ‘new’ political imagination. Over 15000 people in Koodankulam areas surrendered their voter id card – which in itself is very remarkable but yet it was not significant enough to take the issue seriously, on the contrary the state slammed almost all the villagers with charges of sedition. This is not just limited to these two places but across the globe people are trying to find new language, new semantics to express their political imagination, the world they really want to live in.

Right to Water: Plachimada Experience of struggle against coco-cola was presented by Mr. Ajayan a frontline activist from Kerala. The land water at Plachimada was polluted because of the extensive sucking of water by Coco-cola. The people’s movement has brought about the closure of Coco-cola plant there.  However, the compensation due to the people is yet to come. The Plachimada Coco-cola Victims Relief and Compensation claims Special Tribunal Bill 2011 was unanimously passed by the Kerala Legislative Assembly. But the bill was sent to the President of India for his ascent or approval.  But the bill was erroneously sent to the Ministry of Home Affairs, Government of India, for clarification on some points. The Home Ministry forwarded it to the Kerala Government for their remarks and opinions, which has already been forwarded to the Home Ministry by the Kerala Government. But the Bill has not yet been approved by President of India. Still the struggle continues. 

Mr. Ashif Shaikh, Jan Sahas presented a paper on “Right to Dignity: - Struggle of Manual Scavengers in Madhya Pradesh”.  In common the dalits are being employed in manual scavenging work in India and they are being ill-treated.  Most of the manual scavengers get very minimum wage compare to the others.  Jan Sahas through its Garima Abhiyan Programme liberated several of manual scavengers in Madhya Pradesh.   The life is to live with dignity and honour, and so the women who were given a few clothes, some food and some money for the Manual Scavenging of human faces have been liberated and empowered to take care of their life by themselves.  More women are to be liberated in time to come.  Adding to that Dr. Moses Yesudoss briefly explained about the problems of manual scavenging and its continuous practice despite of several laws and bills to abolish the practice. 

Mr. Sony George, Programme Officer, UNICEF took a session on Child Rights Movement in India.   Mr. George narrated the rights of the children with regard to the society in which they live. The provision of Child Rights Convention to protect the rights of the child is well explained.  He also briefed the failure of government mechanism in promoting the rights of the Children.   Children should be taken care with love and affection and should be educated in a way that they deserve certain rights to enjoy childhood freedom.  

Ms. Ranjini Sambath briefed about the Women Rights Movement in India and their struggle for socio- economic empowerment.  At the conclusion Dr. Faizan Mustafa, Vice-chancellor of NALSAR University, Hyderabad explained about the Human Rights Violation and the Response of Indian Jurisprudence. Dr. Mustafa narrated how in the case of handling rape cases “Know” “yes” is the ruling. He also spoke about concern to rape where marks of resistance are not seen on the violator

He referred to gender bias as being as obvious from Nargis Mirsa vs. Air India case. The difference from Kartavya Jurisprudence vs. Rights Jurisprudence was brought clearly.  To do one’s duty and not to talk of rights is Kartavya Jurisprudence as against to deal with the rights of human being which is Rights Jurisprudence. The Mughal system of humanizing penology was touched upon by him. How death sentence was not easy to come by in the Mughal system. He also spoke about the human rights situation in India, how the constitution is framed for constitutionalism and how discretion is used for creating exemptions to rules. He elaborated on censorship, privacy and religious followings. He also stressed uniform civil courts to be discussed at length in the country and awareness brought in.

The seminar was concluded by ascertaining to bring collective force to struggle for the rights of the peoples.

The Asian Human Rights Commission in collaboration with Centre for Criminal Justice and Research and Nervazhi organized a consultation on “The Role of Medical Doctors in Justice Process” from 15 to 19 November 2011, at Cochin, Kerala.  The delegates consist of 15 Forensic Science Doctors from Sri Lanka and 4 Human Rights Defenders from South India participated in the Consultation. 

Mr. Basil Fernando, Director, Policy and Programme Development, AHRC has introduced the main focus of the consultation and its concerns to effectively investigate and record the causes of custodial torture and deaths.  While describing the role of Medical Professionals involvement in protecting Human Rights, Mr. Basil Fernando has glanced through the difference between the rule of law and Law and order and why it is important to get fair knowledge on human rights instruments. 

Dr. P.J. Alexander narrated his experience, how the Police and Medical Professionals jointly investigate the torture issues.  Dr. V. Kandasamy, Prof. of Forensic Science briefed about the Forensic Doctors role in India by highlighting Kerala Medico-Legal Code.   Medical Professionals  role in justice process is  practically difficult since they bound to interact with the Police, Judiciary, Medical profession and the Public including media which gives enormous pressure and in which the Medical Officers should be confident enough to give justifiable and honest report. 

Dr. Ajith, Judicial Medical Officer from Sri Lanka initiated the open discussion by describing the present role of Judicial Medical Officers (JMO) and their practical difficulties in medical investigation in Sri Lanka and the findings as follows.

·         Reporting and documentation of database

·         Proper infrastructure and equipments

·         Time Management

·         Problems associated with the other departments

·         Instigative delay in investigation

·         Delay in reporting and documentation

·         External interferences and pressure factors

·         Fear factors

·         Rights of the people for getting the reports.

The next consecutive days, the delegates have been involved in discussing and analyzing the findings and also find possible ways and means to overcome the challenges in their duty to protect and promote human rights.  At the concluding, the delegates brought out an action plan by referring several resources available for the discussion, including Kerala Medico-Legal Code, Formats for Medico-Legal Certification, UN’s Istanbul Protocol manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.   The first draft of the Action Plan is forwarded to AHRC to work out further to refine the content on the International standard.  Then the final version of the Action plan will be forwarded to concern departments in Sri Lanka for further action. 

During this consultation, the delegates requested Mr. Basil Fernando to briefly explain about Human Rights and its Protection Mechanism.   Mr. Basil Fernando took a half day session and made the delegates to get fair knowledge on Human Rights.  

This consultation comes to an end with the spirit to promote human rights culture among every professionals dealing with human beings.  Mr. Bijo Franchis coordinated the programme.

Internship at Asian Human Rights Commission, Hong Kong was a great experience along with the people from different Asian Countries.  This one month long internship from 9^th September to 7^th October 2011 at AHRC made me to understand the AHRC’s approach to urgent appeal and share information by using modern communication devices.    

The first two days of my stay at AHRC was to understand the functions of AHRC.  Mr. Basil Fernando, Director, Policy and Programme Development has briefed about the Organisation and its objectives and also advised me to prioritize the issues that Vigil India could deal with and to create awareness through the modern communication devices, particularly through the Vigil India web site. 

Mr. Bijo Francis, Programme Officer, South Asia Desk explained about the functions and approaches of AHRC towards the issues concerns and also elaborated how the AHRC is processing and forwarding urgent action appeal on torture, violence, discrimination and starvation etc.    Mr. Basil Fernando and Mr. Bijo Francis have given enough time to observe and learn from the AHRC staff. 

The first two weeks, I was working with Mr. Nilantha Illangamuwa, Communication Officer to develop and to update the website for Vigil India.  Mr. Nilantha has taught me to create and to update website with minimum expenditure under the user friendly Google platform.   He also explained that the blogs designed by the Google group is more users friendly and it provides the consumer to use more free space.  Organizations like us are generally using blogs to create their own website.

With the guidance of Mr. Nilantha, a new website www.vigilindia.info was created.   Mr. Basil Fernando contributed US $ 10.oo for the domain name registration, when he was with us in our office during his last visit in July 2011.  From the second year onwards, we need to renew the domain name and we can use maximum space.  There is no additional fee for web space and web hosting for our new web site. 

The next two weeks, I have enough chance to interact with the other staff at AHRC to observe and learn the AHRC approach to urgent action appeals.   At the same time I was given an opportunity to participate along with the other interns in a three day Asia level training programme on Torture organized by AHRC.  Delegates from Asian countries India, Pakistan, Bangladesh, Nepal, Sri Lanka, Philippines, Indonesia, East Timor, Cambodia, Afghanistan and Russia participated in the programme and they have presented their country reports on torture and violence and also shared their experience to promote human rights culture among the people by using all the available communication methods.  After this training, I realized that sharing of information is one of the significant ways to break the mindset of people to empower themselves to strive for their rights.

Initially, I was given 15 days internship at AHRC.  Mr. Basil Fernando with the consent of Dr. Mathews George Chunakara graciously extended for another 15 days, which has given me enough time to interact with AHRC staff and also a chance to participate in the training programme.  While concluding the internship, Mr. Basil Fernando advised me to make use of the AHRC experience at Vigil India and to utilize the resources available to promote human rights.   

I am very thankful to Mr. Basil Fernando, Mr. Bijo Francis, Mr. Nilantha and the other AHRC staff for their guidance and support during my stay at AHRC, Hong Kong, especially I am very grateful to Mrs. Basil Fernando for her warm and kind hospitality at her residence. 

Finally, I wish to express my sincere gratitude to the Board of Trustees of VIM for providing me this memorable opportunity at AHRC.   

I do hope that I could make use of the AHRC experience both professionally and personally.