Kerala HIV + Children. Urgent Request to Human Rights commission to act ‘suo motu’

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[The following is a sample letter to the Kerala Human Rights

commission. Moderator]

To

Honourable Justice M. M. Pareedu Pillai

Chairman,

Kerala State Human Rights Commission

Arka Njlayam, M.P. Appan Road

Vazhuthacaud, Thiruvananthapuram-14

Kerala, India.

Ph : +91-471- 2337263, 471-2337145

Fax: +91-471-2337148

Honourable Justice M. M. Pareedu Pillai,

Sub: Request to Kerala Human Rights commission to act `suo motu' in

the case of the Human rights violations of the HIV positive school

children Bency and Benson.

This is to request the Kerala Human Rights commission to act `suo

motu' in the case of the violation of the Human rights of HIV

positive school children Bency and Benson of Kaithakuzhi Government

School by Mr. G Prthapavarma Thampan. M.L.A.

It appears that Mr. G Prthapavarma Thampan, a public servant

vilified, and become instrumental in denying the Humn rights of Bency

and Benson, the two HIV positive children. There is a clear violation

of their rights relating to their life, liberty, equality and dignity as

the individual, guaranteed by the constitution and embodied in the

international covenants and enforceable by courts in India.

Mr. G. Pratapavarma Thampan (Indian National Congress, Elected Member

of Legislative Assembly from Chathanoor Constituency, Permanent

address. Mullavanam, Peroor, Kollam – 5), through his public

statements of instigation and vilification, he is instrumental to the

violations of the human rights of these two children. As an elected

representative he had a duty to prevent the human rights violations.

Mr. Prathapa Varma Thampan also launched a scathing attack on the

siblings' maternal grandfather for sending them to the school.

As a solution to the problem, the Kerala government announced that

these children would be schooled at home at state expense. The

decision followed the state's failure to protect the rights of these

children. It appears that the act of the education Minster is a wrong

precedence in the protection of the rights of individuals. As state

cannot afford to offer home based education for all the HIV

positive children in the country.

Seven-year-old Bency, her five-year-old brother Benson were admitted

to the Kaithakuzhi Government School following Honourable Chief

Minister A.K. Antony's intervention. However the Parent Teachers

association of the school prevented the children in exercising their

rights.

I also request the Kerala Human Rights commission to look

into the role of the representatives of the Kaithakuzhi Government

School Parent Teachers association in perpetuating the human rights

violations of Benson and Bency.

As this case has enormous public interest and public health implication in

Kerala, I would like to request the Commission to draw broad guidelines for the

government to follow to prevent such human rights violations in future.

Thank you for your attention

Name

Address

Copy to:

1) Shri. A. K. Antony, Chief Minister: Email:

chiefminister@...

2) Shri. Nalakathu Sooppy, Minister for Education: Email: minister-

education@...

3) Shri. P. Sankaran, Health Minister: Email: minister-

health@...

4) Chief Secretary N.Chandrasekharan Nair :E-mail:

chiefsecy@...

5) Secretary Health & Family welfare: Email:

prlsecy@...

6) Secretary Parliamentary affairs: Email:

prlsecy@...

10th March 2003