A NEW DIMENSION OF PEOPLE S WATCH

Chapter VI

180 CHAPTER VI A NEW DIMENSION OF PEOPLE S WATCH Today the society is more or less violence striven. Concern with Human Rights cannot stop with the enunciation alone. There is a need for more positive and operational steps. 1 The task of the protection and promotion of Human Rights is a complex one and requires the cooperation of all sections of society, political parties, non-governmental organizations, lawyers, judges, public servants, teachers, police, media persons and others. 2 People s Watch s experience of human rights monitoring, human rights intervention, and rehabilitation is now taken as a mass movement (Citizens for Human Rights Movement - CHRM) for the protection and promotion of human rights started at the grass roots level in 2007. This mass movement will help to create a human rights culture in Tamil Nadu. In the same year Strengthened Access to Justice in India (SAJI) this project started by People s Watch, the mandate of the project is to prepare a design to provide easy, cost effective justice to the poor and marginalized in India. And People s Watch has a program of monitoring of National and State Human Rights Commissions, through this People s Watch keenly observes the activities of the National and State Human Rights Commissions. These works of People s Watch represents a new dimension in the Human Rights Movement. 1 Jagnnath Mohanaty, Human Rights Education, (New Delhi: Deep and Deep Publications Pvt.Ltd, 2003), p.176. 2 Institute of Human Rights Education, Urimai Malar, (Tamil), (Madurai: People s Watch, 2008), p.24.

181 I. Strengthened Access to Justice in India (SAJI) Strengthened Access to Justice in India (SAJI), this project has been a recent but major breakthrough for People s Watch. This project started in 2007. Strengthened Access to Justice in India or SAJI, was the first project in which People s Watch and the Government of India have both collaborated. 3 This is a national level Program jointly initiated by the United Nations Development Program (UNDP) and the Department of Justice (DOJ) of the Government of India. People s Watch is the Primary NGO partner in this program and has a very specific objective of strengthening access to justice information by creating an interactive website that provides enhanced access to information about various formal justice delivery institutions like the Courts, Prisons, Police institutions, National/State/District/Taluk legal aid services authority, Bar council and Bar associations, Hospitals, Blood banks, Eye banks, Rehabilitation homes, Official sites of the States, Nongovernmental organizations offering human rights services etc. While preparing the database it was also envisaged that there would be two phases: the first phase would strive to collect communications and other relevant information of all the institutions and start constructing the data base. While in the second phase it will focus on promoting the data base and facilitating access to it by the general public, particularly those who are vulnerable and marginalized. 4 3 Interview with Catherine Rubina, Law Researcher-Strengthened Access to Justice in India (SAJI) programme section of People s Watch, Madurai, dated 14 August, 2008. 4 People s Watch - Half yearly staff Review and planning meeting (Reap) material, (Madurai: People s Watch Publication, 2008), p.15.

182 Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. It says that every citizen has freedom of speech and expression. The Supreme Court of India has held in several cases that Right to Information is implicit in the constitutionally enshrined rights. It empowers citizens to secure access of information from public authorities in order to ensure transparency and accountability in Government administration. Access to information ensures a participatory democracy, tackles the malaise of corruption, strengthens people s trust in the government, supports equitable, just and people centric development. The Strengthened Access to Justice in India (SAJI) provides an access to various resources on police reforms, prison reforms, right to information, women s rights, children s rights, human rights, and other important developments in the justice system. This is not only to ensure people s legal empowerment to claim their right to address grievances, but it also enables various organizations and individuals to have an easy access to these resources through a single website in a comprehensive manner. The Data processing and uploading completed for 333 districts covering 19 states so far. 5 Information collected from the 333 districts in the country will be collated and submitted in a dynamic web based data 5 Interview with Jeyaraman, Senior Data Processor, Strengthened Access to Justice in India (SAJI) programme section of People s Watch, Madurai, dated 16 August 2008.

183 base to ease and speed up access to justice for the common public, so that the justice seeking processes are speeded up with immediate online access to simple and reliable information on formal judicial institutions. The Website www.saji.net.in was successfully launched by the Cabinet Minister for Law & Justice on 18.12.2007 at New Delhi. SAJI increases access to justice information through an interactive website. There are multiple search options to locate institutions by state and districts. Important documents on reform initiatives and developments in justice system and resources relating to Women, Children and other vulnerable groups are regularly uploaded. 6 The next phase of the project would have accomplished all those requirements in addition to having information of the remaining 281 districts to fulfill the requirements of the 614 districts in India. 7 This resource directory is a tool to facilitate speedy access to justice sector institutions for the ordinary citizens by creating and providing effective and reliable information through a dynamic single window system in this country. 6 Strengthened Access to Justice in India (SAJI) Activities Report, 2008, People s Watch, Madurai. 7 Available at http://www.saji.net.in

184 II. Citizens for Human Rights Movement (CHRM) People s Watch has initiated the Citizens for Human Rights Movement (CHRM), a human rights Movement at the grassroots level, based on the belief that Human Rights promotion and protection must be a public, and not merely institutional agenda. This movement started at the state level in 2007, Citizens for Human Rights Movement will help to create a Human Rights Culture in Tamil Nadu. People s Watch experience of Human Rights monitoring, intervention, rehabilitation, is now taken to the grassroots in Citizens for Human Rights Movement as a Mass Movement. Grassroots units being established, these units enable a growing number of individuals actively engaging themselves in Human Rights monitoring, intervention and awareness building across the state. Individuals across a broad spectrum of society s political parties, movements, castes, religions, trade unions, civil society groups, human rights defenders and others form these Citizens for Human Rights Movement units. 8 Grounded in their shared commitment to the values of Human Rights, these coalitions attract tremendous grass roots support and form taluk, district and state committees with male and female coordinators to lead. It is visualized that these units across the state together will emerge as a movement to protect and promote Human Rights, with limited institutional support. 8 Interview with Shanmuga Velu, Regional Coordinator of Campaign Networking and Advocacy section of People s Watch, Madurai, dated 10 July 2008.

185 Aims and Objectives To create Humanize ideas among the people and to create a team of members who give their words and hands for the purpose of Human Rights. To develop Human Rights Culture and to create team awareness among the people and make them analyze the Human rights reports at the taluk, state and national level and to build up the Citizens for Human Rights Movement with their cooperation. To maintain cordial relations with state and national level Human Rights Commissions and organizations, through their cooperation to provide legal aid to the affected people. rule of law. To conduct struggles against Human Rights violations within the To give motivation to its members in the field of Human Rights and make them as real protectors of Human Rights. 9 Eligibility for membership: Any person who attained the age of 18 can become the member of Citizens for Human Rights Movement and the same type of identity card will be given to every member. 9 Manitha Urimaikkana Kudimakkal Eyakkam Aamaippu Vithigal (Tamil), (Madurai: People s Watch Publication, 2008), p.2.

186 Structure of Citizens for Human Rights Movement The Structure of Citizens for Human Rights Movement is created by People s Watch which is easier for people s participation like unit level, taluk level, district level and state level. There are two organizers in the unit as one is male and another is female. At the taluk level two persons, one male and one female is appointed as the organizers and there are two organizers at the district level also. But at the state level only one member is appointed as state organizer. 10 Unit Formation: Identifying person by People s Watch (through Nongovernmental organizations, training participants, victims, political movements, human rights defenders and persons having relationship & well known about People s Watch ) to form a unit. Identifying person who could understand the ideology of CHRM can form Citizens for Human Rights Movement in his area. Giving brief note about CHRM and its bylaws and distribute forms to him. He should intimate after the forms are filled. After the Regional Coordinator of People s Watch visits the unit and collects the forms and photos for identity cards. The new unit gets its Registration Number and the identity cards through the Regional Coordinator of People s Watch. A unit consists of 10 People s Watch - Half yearly staff Review and planning meeting ( Reap) material, (Madurai: People s Watch Publication, 2008), P.7.

187 15 to 20 members. The status and number of male and female members are equal and same. The selection of organizers to run the administration will be decided by the unit. 11 Taluk Committee: A taluk is constituted with minimum of 10 units. All the unit organizers will participate in the taluk committee meetings. During the meeting session they selected one person from each sex as Taluk Organizers. District Committee: The district committee is formed by the organizers of all taluk committees. From this committee one person from each sex is selected as district organizers. 11 Interview with Sylvia Vaiz, Headquarters Secretary, Campaign Networking and Advocacy section of People s Watch, Madurai, dated 11 July, 2008.

188 Chart 8 Structure of Citizens for Human Rights Movement State Organizer State Committee State Advisory Council State District Organizers District Advisory Council District District Committee Taluk Organizers Taluk Advisory Council Taluk Taluk Committee Unit Unit Organizers

189 State Committee: The state committee consists of the organizers of all district committees. They all select a state organizer among themselves. State Conference: The State Conference of Citizens for Human Rights Movement has been held on 10 th December every year. The members of all the units in the state take part in this conference. General resolutions emphasized in the conference are follows, a) The Citizens for Human Rights Movement emphasize that an information board should be displayed in all police stations depicting the guidance and procedures to be adopted as per the Supreme Court s directions in the case of D.K. Basu Judgment while the police department arrest a person. b) Though the Child Labour Prohibition Act has come in to force, children are even now employed as child labour. It is emphasized by the CHRM that they should be released and rehabilitation and education facilities should be provided for them by the government and legal action should be taken by the government on those employing children as labourers. c) It is also emphasized by the CHRM that the government should have vigilance on the parts where violence is imposed against Dalits and the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act should be implemented without hesitation and that special courts should be established in all districts for this purpose. d) As per the judgement of the Supreme Court, the prisoners should not be handcuffed when they are taken either from court

190 to jail or from jail to court without proper permission of the court. It is emphasized by the CHRM that the district sessions judge should watch such cases of prisoners and should take action against the police department as per Supreme Court orders. e) It is emphasized by the CHRM that the government should advertise through television and newspapers and create awareness among the public regarding the Right to Information Act which confirm the rights of the public. In the Citizen s for Human Rights Movement all the Taluk, District and State Committees have their own advisory councils. The Taluk advisory council consists of maximum three members, the district advisory council consists of maximum five members and the state advisory council consists of maximum seven members. The advisory councils give advice to run the Citizens for Human Rights Movement, and to conducts mass agitations, rally against Human Rights violations within the rule of law. These advisory councils assist the Citizens for Human Rights Movement to function on a Democratic basis. 12 So far Citizen s for Human Rights Movement (CHRM) under People s Watch has formed 726 Units, 56 Taluk Committees and 5 District Committees for the Citizens. Through these nearly 12,615 12 File No: 19 of 2008, Citizens for Human Rights Movement activities, People s Watch, Madurai, 2008.

191 members had joined the movement as human rights defenders. Among them one third of the members are women. 13 People s Watch provides appropriate leadership training, organizes workshops and refresher courses for human rights defenders, and supports these Citizens for Human Rights Movement in any way necessary to sustain its ongoing synergy. III. People's Watch s association with National and State Human Rights Commissions Monitoring of National Human Rights Commission Since the 1990s, India has seen a growth in statutory human rights institutions. They number over 130 institutions, with over 500 commissioners exercising their powers. They have been created under special legislation, some with state and some with national jurisdiction. They cover a range of subjects: gender, human rights, minorities, scheduled castes and tribes, semi-nomadic tribes, persons with disabilities, children, and the right to information. These human rights institutions play an advisory role with the governments, a complaints-handling role, and an educational and awareness-building role. People's Watch sends complaints in the cases of human rights violations happening in the state of Tamil Nadu to the National Human Rights Commissions or State Human Rights Commissions. According to the nature of the case and the victim, complaints are also sent to the National Commission for Women, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Minorities and their state counterparts. On an average, 13 Periodical Evolution Report of Citizens for Human Rights Movement programme 2008, People s Watch, Madurai.

192 around 25 complaints are sent to these commissions from the human rights intervention unit of People's Watch every month. The national human rights institutions enjoy significant power and increasing respect from civil society. They are expected to adhere to the Paris Principles of 1991 - the United Nations Guidelines governing National Human Rights Institutions. Because of their large and increasing role and in the context of these institutions finding it difficult to rise to the people s expectations, People s Watch feels the urgent need to undertake a specific nationwide monitoring of these institutions. People's Watch has a program of monitoring of national and state human rights commissions. The Right to Information Act is the main tool by which People s Watch gets information from the commissions and thereby monitors their functions. 14 People s Watch is simultaneously a member of the Asian NGOs Network on National Institutions (ANNI) initiated by the Asian Forum for Human Rights and Development (FORUM-ASIA). FORUM-ASIA is a membership-based regional human rights organization committed to the promotion and protection of all human rights including the right to development. FORUM-ASIA was founded in 1991 in manila and its regional Secretariat has been located in Bangkok since 1994. At present FORUM-ASIA have 46 member organizations across Asia. People's Watch is a member of the Executive Committee of FORUM- ASIA. 14 Interview with Sabitha, National Program Coordinator Human Rights Defenders Desk, People s Watch, Madurai, dated 22 November, 2008

193 The idea of establishing a network of Asian non governmental organizations and human rights defenders engaged with National Human Rights Institutions (NHRIs) initially came inside Forum Asia during the first Regional Consultation and Cooperation between NHRIs and NGOs in Asia, which was organized by FORUM ASIA and held in Bangkok, Thailand, from 30 th November to 1 st December 2006. After three days of discussions on experiences on this issue from all over Asia, the participants of the consultation made the collective decision to form the Asian NGOs Network on National Human Rights Institutions (ANNI). It was also decided during the consultation that FORUM ASIA would serve as the convener of the ANNI. 15 ANNI is a network of human rights organizations and defenders engaged with national human rights institutions in Asia to ensure the accountability of these bodies for the promotion and protection of human rights. The ANNI covers the sub regions of South Asia, Southeast Asia, and Northeast Asia; the members of ANNI are Hong Kong, India, Indonesia, Bangladesh, Japan, Malaysia, Maldives, Mongolia, Nepal, Philippines, South Korea, Sri Lanka, Taiwan, and Thailand. The goal of ANNI is to help establish and develop accountable, independent, effective, and transparent national human rights institutions in Asia. National human rights institutions hold an important role in the promotion and protection of human rights in the region, considering the fact that Asia has yet to set up a human rights mechanism that would cover the region. National human rights institutions are the primary 15 Available at http://wwwforum - asia.org.

194 protection mechanisms for human rights defenders working on the ground. They also hold the potential of developing a regional jurisprudence on human rights that would conform to international human rights principles. It is in this light that the ANNI pursues its advocacy work at the national, regional, and international levels, on issues regarding NHRIs. The ANNI undertakes every year a collaborative research project on assessing the independence and effectiveness of NHRIs in Asia. It released its Publication in 2008, which was entitled Monitoring Report on the performance of NHRIs in Asia, 2007. This report covered 14 countries in Asia: India, Indonesia, Hong Kong Malaysia, Maldives, Mongolia, Nepal, Bangladesh, Philippines, Japan, South Korea, Sri Lanka, Taiwan and Thailand. People's Watch is a member of Forum Asia and ANNI and contributes to the India Chapter of ANNI s Annual Reports on National Human Rights Institution. 16 The Annual Report which was entitled The NHRC of India was submitted by People s Watch in 2008. (For details of the Report See Appendix) People s Watch endeavors by way of this program to create regular Annual Reports regarding the functioning of these Human Rights institutions as well as monitor their performance and their adherence to the Paris Principles. 16 Interview with Henri Tiphagne, Executive Director, People s Watch, Madurai,