Farmer unions write to UNHRC on farmers’ illegal detention, internet suspension

Agencies
February 8, 2021

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New Delhi, Feb 8: The farm unions' legal cell which is representing farmers facing legal challenges emerging out of the Republic Day violence, has written to the United Nations Human Rights Commission (UNHRC) on "illegal detention" and suspension of internet at protest sites on the borders of the national capital.

Internet has been snapped at Singhu, Ghazipur and Tikri protest sites to "maintain public safety and for averting public emergency". Besides this, 127 people have been arrested since the clash between protesting farmers and police during the tractor rally against the three farm laws on January 26.

The lawyer collective has now written to India head of the United Nations Human Rights Commission. Clear identification of the interrogation officers, memo of arrests, information to family members of those arrested, diary entries, and medical check-up are some of their demands.

The advocates said that the government is violating human rights by acting as an arbitrary power. "Since the initiation of the protest, farmers are getting arrested by police from the protest site unreasonably and inappropriately," it claimed.

The lawyers alluded the prominent D.K. Basu vs State of West Bengal judgement, in which the Supreme Court laid down a score of guidelines for the police and other agencies to follow during the arrest, detention and interrogation of any person.

"The guidelines were prescribed by the Highest Court of the Nation and the Legislative but executive branch of the Government through the police officials are committing a grave error by violating all the said guidelines," the five-page letter by Advocates Vasu Kukreja, Jaswanthi Anbuselvam and Ravneet Kaur reads.

The lawyers further said that the internet suspension at the border sites have blocked access of information and have denied issuing many other basic rights, disrupting even the survival of the farmers at the protest sites.

It also brought to the notice of the UNHRC a decision in Bhasin vs Union of India by the Supreme Court and Faheema Shirin vs State of Kerala by High Court which had declared the use of internet as a basic human right.

"That your lordship, as the matter of Human Rights violations, we want your concern towards the situation of farmers in India and in the on-going agitation, kindly interfere in the matter and issue guidelines to the state for violating the human rights," it requested the UNHRC India head.

On February 5, the UN human rights office had called on Indian authorities and farmers protesting against the new agriculture laws to exercise maximum restraint, emphasising that it is crucial to find "equitable solutions" with due respect to human rights for all.

A total of 160 lawyers, under the banner of 'Advocates for Farmers', have split into 11 teams to carry out tasks ranging from data entry of the arrested and missing protesters, figuring out where they are jailed to filing their bail applications.

Few of them have set up their tents at three borders -- Singhu, Ghazipur and Tikri -- and are contacting the families of those arrested or missing by wading from trolly to trolly. Besides this, they have also set up toll-free numbers to address the farmers' grievances.

Advocates Ajit Pal Singh Mander and Hakam Singh head the teams and carry out coordination among them. "Data is collected by three teams at the border and execution is carried out by eight teams at different courts in the city," Mander, who belongs to Punjab's Bathinda district, said.

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News Network
November 17,2024

Mangaluru: District-in-Charge Minister and Minister for Health and Family Welfare, Dinesh Gundu Rao, announced that a day-care chemotherapy centre will soon be established at District Wenlock Hospital. Speaking to mediapersons after reviewing the activities at Wenlock and Government Lady Goschen Hospital, he shared the government’s plans to enhance healthcare services in the region.

Key Initiatives Announced

•    Day-Care Chemotherapy Centre:

  • Ten beds will be reserved for cancer patients.
  • The government will collaborate with Yenepoya Hospital to provide chemotherapy treatments.
  • All required facilities for the centre are already in place, awaiting inauguration by the Chief Minister.

•    Wenlock Hospital Facelift:

  • Critical Care Block: To be built at a cost of ₹24 crore.
  • Integrated Public Health (IPH) Lab: Planned with a budget of ₹1 crore.
  • New OPD Block: As per a 2017 agreement, KMC Hospital will take up construction. Discussions with KMC management are underway.

•    Additional Requirements:

  • A new mortuary and post-mortem building.
  • Paramedical college building.
  • Modern kitchen.
  • Bridge connecting two buildings within the hospital.

•    Total facelift cost: ₹6 crore to ₹10 crore, utilizing funds from the Department of Health and Family Welfare and CSR contributions.

•    Timeline:
By December or January, priority works will be finalized. The superintendents of Wenlock and Lady Goschen Hospitals are scheduled to visit Bengaluru next week to discuss these projects.

•    MRI Fee Allegations:
The minister assured that allegations of patients being charged for MRI scans at Wenlock Hospital will be resolved at the earliest.
These measures aim to improve healthcare accessibility and infrastructure, positioning Wenlock Hospital as a state-of-the-art facility in the region.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 12,2024

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The UN humanitarian coordinator for Lebanon has warned that the “picture of life in Lebanon remains grim,” highlighting an "alarming" level of human suffering and significant humanitarian consequences due to the ongoing Israeli carnage.

Imran Riza, the UN Deputy Special Coordinator and Resident and Humanitarian Coordinator for Lebanon (UNSCOL), provided a stark overview of the Arab country's dire circumstances in a statement released on Monday.

“The current picture of life in Lebanon remains grim. Yesterday, airstrikes reportedly killed 23 people, including seven children, in the village of Aalmat in Mount Lebanon,” Riza said on X.

An airstrike in the city of Tyre on the same day resulted in the tragic deaths of five siblings from a single family, all of whom had special needs, according to his statement.

He added that in the last week, Israeli airstrikes have killed at least 241 individuals and left 642 others injured in Lebanon, as reported by the Ministry of Health.

“In the past month, more than 185,000 people have fled their homes in their search for safety within the country, bringing the total to over 870,000 people internally displaced,” Riza said

The UN official highlighted that numerous individuals, including the elderly and those with health issues, are staying behind while witnessing the ruins of their ancestral homes.

He urged for the swift safeguarding of civilian people and infrastructure, emphasizing the necessity to uphold international humanitarian law and end the ongoing violence.

Lebanon’s National News Agency reported that Israeli forces bombed a house in the town of Maydoun in Bekaa on Monday night, killing three people and destroying the house.

Earlier, Israel bombed the northern town of Ain Yaaqoub, killing at least 14 people.

The killings came as Israeli military continued to pound Lebanon, bombing shops selling electrical appliances in the southern city of Tyre and carrying out air raids on the towns of Shamshtar in eastern Baalbek and Roumine in southern Nabatieh.

Lebanon’s Ministry of Health said Israeli attacks killed at least 54 people across the country on Monday.

Israel’s merciless attacks continue despite calls from the UN Security Council for an immediate ceasefire and directives from the International Court of Justice urging measures to prevent genocide and alleviate the dire humanitarian situation in Gaza and Lebanon.

In Lebanon, at least 3,243 people have been killed and 14,134 others wounded in Israeli attacks since the war on Gaza began on October 7, 2023.

The Lebanese resistance movement Hezbollah opened a support front for Palestinians in Gaza only a day after the Israeli regime unleashed its genocidal war on the besieged territory.

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