CORE Protest to violence against women

[Guest guest]

Subject: Protest to violence against women

CORE centre for organisation research & education

(Indigenous Peoples's Centre for Policy and Human Rights in India's North East)

CORE North Eastern Region: Lane 3 Basishtapur, Beltola (Dispur), Guwahati

781028, TelFax: +91 361 228 709, 228 730, Email: core_ne@...

CORE Sanglen: Ghari, Airport Rd., Imphal 795001, TelFax: +91 385 441 339,

Email: coremanipur@...

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23 Feb 2002

To

Shri S M Krishna,

The Chief Minister,

Karnataka

E-mail: cm@...

Sub: Violations of the civil and political rights of women; protest against the

threats to life and intimidation unleashed on Ms Shabana Khazi and other women

activists by Nippani Circle Inspector of Police, Satish Khot and the Shiv Sena

corporator of Nippani

Sir,

We have been informed through reliable sources including persons representing

the aggrieved parties that there have been a series of violent threats and

actions resulting in the evictions of the women and their children from their

homes, directed at the non-government organisations SANGRAM and VAMP and their

members and office bearers in Nippani, Belgaum District of Karnataka. According

to information we have received, the problem started with harassment of the

workers when they bought a piece of land, on January 10, 2002. Since then,

systematic tactics of intimidation, including abusive language, threats of

violence to their persons and property were made by a gang of 25 - 30 young men

armed with staves and sticks, supported by corporators of the Shiv Sena.

According to our information, 30 women and their young children have fled for

their lives and are living in makeshift shelter in various neighbouring

districts. We have also been informed that when an attempt to register a police

complaint according to law was made by the women, the police refused to register

the complaint. Further, when a press reporter, Neil Pate, a correspondent from

the Times of India, a reputed national English daily investigated and questioned

the Nippani Circle Police Inspector, Mr. Satish S Khot for not filing the CSW's

complaint the said inspector used abusive and threatening language towards the

workers, saying: " They are `bloody veshyas' and not `normal citizens' hence

their compliant cannot be registered, " Mr Khot threatened the women saying, " I

will strip all `veshyas ' in the public square and beat them black and blue till

they die or else I will book all of them under the Immoral Trafficking Act

(Prevention) Act 1956. " you prostitute - today you have come with this woman and

creating this drama. Let her leave and tomorrow I will personally come and pull

out your pubic hair. I will enter your vagina and tear it apart and do not

forget that my penis has the strength of my police job and power.' He abusive

terms in the local language including `hadasu ', bosadi and phodhari and so on

all of which terms are very abusive.

Mr Khot also accused the reporter Mr. Neil Pate of being a `pimp' and `agent' of

the women.

We would like to register our strong protest against the violence and threats to

life and dignity and the evictions upon Ms. Shabana Khazi and other women

activists, the sex workers and their children and also of the press, by the

Circle Police Inspector of Nippani, Satish S Khot and the Shiv Sena corporator

of Nippani Babasaheb Khambe

We would like to point out to you that India is a State Party to and therefore

has legal obligations under the International Bill of Rights (International

Covenant on Civil and Political Rights [iCCPR]and International Covenant on

Economic, Social and Cultural Rights [iCESCR] both ratified by India in 1979) to

respect, protect, promote and observe the human rights and freedoms of all

individuals within its territory and subject to its jurisdiction the rights

recognised, without distinction of any kind, such as race, colour, sex,

language, religion, political or other opinion, national or social origin,

property, birth or other status (Art. 2.1 ICCPR).

By the authority residing in your honourable position, under the provisions of

the Constitutions and laws of India, you are obliged to ensure that any persons

whose rights and freedoms are violated shall have an effective remedy

notwithstanding that the violation has been committed by persons acting in an

official capacity (Art. 2.3 ICCPR).

Under the same treaty, No one shall be subjected to torture or to cruel, inhuman

or degrading treatment or punishment (Art. 7 ICCPR), Everyone lawfully within

the territory of a State shall, within that territory, have the right to liberty

of movement and freedom to choose his residence (Art. 12.1 ICCPR). Everyone

shall have the right to recognition everywhere as a person before the law (Art.

16 ICCPR).

Art. 17 ICCPR also states that

1. No one shall be subjected to arbitrary or unlawful interference with his

privacy, family, home or correspondence, nor to unlawful attacks on his honour

and reputation.

2. Everyone has the right to the protection of the law against such interference

or attacks.

Articles 18 and 19 ICCPR also protects every citizens' rights to freedom of

opinion and expression. Article 21 ICCPR further protects the rights of all to

peaceful assembly.

Noting that the eviction has had a severe impact on children, by denying them

them shelter in their rightful homes and subjecting them to trauma due to the

displacement, we would like to draw your attention to Article 24 ICCPR which

protects children from discrimination of every kind.

Under the International Covenant on Economic Social and Cultural Rights, which

India ratified in April 1979. your government is obligated to protect and

recognize the right to work, which includes the right of everyone to the

opportunity to gain his living by work which he freely chooses or accepts, and

(will) take appropriate steps to safeguard this right (Article 6). Article 11

ICESCR specifically protects the right to adequate housing.

India is also a party to the International Covenant to End All Forms of

Discrimination Against Women [CEDAW] ratified in 1994. Article 2.d of this

Convention states that the government and its agencies and officials must

refrain from engaging in any act or practice of discrimination against women and

to ensure that public authorities and institutions shall act in conformity with

this obligation; and requires your government under Article 2.f, To take all

appropriate measures, including legislation, to modify or abolish existing laws,

regulations, customs and practices which constitute discrimination against

women;

Under Art.5.a, CEDAW, your government is also required take all appropriate

measures To modify the social and cultural patterns of conduct of men and women,

with a view to achieving the elimination of prejudices and customary and all

other practices which are based on the idea of the inferiority or the

superiority of either of the sexes or on stereotyped roles for men and women;

Article 11 CEDAW also protects the inalienable right to work and freedom of

choice of profession.

In addition we would like to point out that the action of threats to their

mothers, and their homes and the subsequent evictions also violates the rights

of the children affected, as per India's commitments under the UN Convention on

the Rights of the Child ratified in 1990

We are convinced of the good intentions of your government to fully protect the

rights of each citizen under the laws of the country and India's obligations

under these and other treaties. We therefore strongly recommend:

1.That the Government of Karnataka and its designated agnecy conduct a thorough

and fair inquiry intothe events;

2. That the Government of Karnataka take immediate action first and foremost to

take all necessary steps to permit these women and children to return to their

own homes in safety and with full assurance of security when they return;

3. To initiate the due process of law and ensure justice to the victims of this

gross violations without delays. This will include

a.. the facilitation of the filing of an F.I.R. by the victims with a complete

record of the reasons for the delay in the filing

b.. the suspension of the concerned police officials who refused to file the

complaint and

c.. appropriate action against those who threatened the victims

We look forward to your immediate action on this matter.

Yours sincerely

Pinto

Director (Gender and Children's Rights)

E-mail: coremanipur@...>

Cc:

Chairperson, National Human Rights Commmission

UN Special Rapporteur on the Elimination of Violence Against Women

UN Human Rights Committee

UN Committee on the Rights of the Child

UN Committee on the Elimination of All Forms of Discrimination Against Women

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