Seeking justice for a Couple living with HIV in Tamil Nadu

[Guest guest]

To

Director General (Inv) Date: 23 February 2011

National Human Rights Commission

New Delhi

Dear Sir,

Sub:Seeking justice for a Couple living with HIV in Tamil Nadu and in the

country

Ref:The Village President of Thirumani, Chengalpet Taluk, Kanchipuram Dist.

Tamil Nadu is alleged to have attempted to burn a family comprising of 6 people

Including 2 people living with HIV (PLHIV)

We, Indian People's Alliance for Combating HIV & AIDS (IPACHA) (a national

alliance fighting for the rights of PLHIV), write to you requesting your

intervention in ensuring justice to Mr. Radhakrishnan, his wife Ms. Kantha,

their two children & other family members, who were allegedly attempted to be

burnt alive by the Village President Mr. V. Rajagopal (ADMK leader).

At wee hours of 12th January 2011 (2.30 am), Radhakrishnan, his wife Kantha,

their 2 daughters and 2 kids of Kantha's sister were sleeping in their house

(which was half way through construction). As pre-planned, someone locked the

door from outside and fire was set. Fortunately, all 6 could escape from the

major fire tragedy sustaining minor injuries.

The reason for which Radhakrishnan attributes the heinous act to Rajagopal is,

Radhakrishnan & his wife Kantha are being constantly put to torture by Rajagopal

& his second wife since one year. The house set on fire was in fact being

constructed by Radhakrishnan was even being objected by Rajagopal on the ground

that the family is unfit to live in the village because Radhakrishnan & his wife

are living with HIV. Rajagopal's wife is also accused to be involved in this

accusation as she had come and met the family on the previous day along with 50

other women & threatened them.

This act of attempting to burn the family alive is not only a heinous criminal

act, but also leading to:

· violation of human rights

· Burial of Constitutionally guaranteed right – `Right to Life' (Art. 21

clubbed with sub clauses)

· Stamping over the duties set by Panchayati Raj Act (The 73rd Constitutional

Amendment Act 1993) providing a Constitutional Status to the Panchayati Raj Act

(Article 243G (Sl. No.23 – 27) of Eleventh Schedule) and

· Uprooting value based NACP (National AIDS Control Program) of NACO (National

AIDS Control Organization)

The incident has been complained to the local police station on 12th January.

FIR has been filed against Rajagopal. A writ has been filed in Tamil Nadu High

Court, letter sent to CM – TN & TANSACS (Tamil Nadu State AIDS Control Society).

Also, Tahasildar of Chengalpet & DC of Kanchipuram has been informed. So far,

the respective judicial authority has failed to identify the actual culprit and

take action.

We are afraid that, if this heinous act is not taken up by your authority in the

spirit of providing justice to the PLHIV couple, it would set a bad precedent

encouraging continued stigma, discrimination & humiliation of all PLHIV families

in the country.

In the backdrop of the above, we invite your interference in the matter, and,

request you to kindly issue suitable orders to the State Human Rights Cell for

ensuring – action against the actual culprit, protection to the victimized

family, compensation & rehabilitation.

Your response to this letter & action taken report will be appreciable. Justice

to the victims of the family.

We are confident of your needful action in this matter and we look forward for

the same on priority.

Thanking you in anticipation,

IPACHA

Dr. Ashok Rau President IPACHA Representing Freedom Foundation Trust

Karnataka

Miss Noori Saleem Vice President Representing South India Possitive Peoples

Network Tamil Nadu

Fr.Joe Ngamkhuchung Vice President Representing People in Need Foundation

Nagaland

Mathew Mattam Secretary Representing Center for Youth Developmental Activities

Maharashra

Sanghamitra Iyengar Joint Secretary Representing Samraksha Karnataka

Umesh Chandra Gaur Joint Secretary Representing Confederation of Community Based

Organizations Delhi

Dr. Tomy Prothasis Treasurer Representing YMCA Maharashtra

R. Meera EC Member Representing WINS Andrapradesh

Fr. EC member Representing ATMATA Kendram Kerala

Raja Selvam EC Member Representing Community Service Trust Tamil Nadu

A. J. Hariharan EC Member Representing Indian Community Welfare Organization

Tamil Nadu

Manjul .K EC Member Representing Karnataka

Manoj Waghmere EC Member Representing SAAD Maharashtra

Niraj Mishra EC Member Representing ODD Foundation Orissa

Bharat Bhushan EC Memer Representing PANI Uttar Pradesh

Dr. S. I. Ahmed Member Representing Aids Prevention Society Assam

Prof. Ohiduzzamaan Member Resenting ITTEHAAD Assam

Tilakraj Sharma Member Representing J K W O Jammu

Ajaikumar Mishra Member Representing TEAS Uttar Prades

Santoshkumar Giri Member Representing Kolkata Rista Westbengal

Rahima Member Representing NOSKK Westbengal

Shalini Samwedna Member Representing LOKSWAR Jhatkhand

Biswajit Padhi Member Representing SRUSTI Orissa

Lt. Gen. Bhupender Singh Member Representing MAITRI Meghalaya

Bhiju Toms Member Representing National Solidarity Foundation Kerala

Rajesh Nimbalkar Member Representing VEVVKS Maharashtra

Dr. Indhumathi Ravishankar Member Representing SIAAP Tamil Nadu

Sadhana Singh Naine Member Representing RTISWTM Chattisgarh

VijayBahekar Member Representing SGGVSS Maharashtra

Biakchungnunga Member Representing Tribal Welfare Socity Mizoram

C.C.: 1. Chairperson, NHRC

2. Law Minister, GOI

3. Chairperson, NCPCR

4. Chairperson, NCW

5. DG, NACO

6. Chief Minister, TN

7. Health Minister, TN

8. TANSACS

Note: Attached are the copies of the relevant documents