31/03/08

Panelists sought for LASSNET conference

Seeking panelists for the LASSNET conference who would want to contribute a paper for a panel on either 1) aspects of governance of contemporary Family Law in India or 2) laws relating to sexual violence or domestic violence, and their adjudication. Since there is still some time before the conference submission deadline, I've left these topics deliberately broad and vague so that we may define our common focus together.

Srimati Basu

New Member Introduction: Srimati Basu

I am presently working on Family Courts, Women's Grievance Cells and Mediation Counseling, based on data in Kolkata. I am an Associate Professor of Gender & Women's Studies (and affiliated with Anthropology) at the University of Kentucky, Lexington, in the US.
Srimati Basu

BHOPAL SURVIVORS PROTEST MARCH TO DELHI, International Campaign for Justice in Bhopal

Date: Fri, 28 Mar 2008

Press Statement : Bhopal Survivors Arrive on Foot to Remind PM of Unkept Promises
28 MARCH, 2008. NEW DELHI – Marking two years since their last padayatra from Bhopal to Delhi, 50 people, including survivors of the 1984 gas tragedy, their children, people exposed to contaminated drinking water and their supporters, today concluded their second 800 km march by walking from Nizamuddin park to Jantar Mantar. "We were forced to undertake this grueling walk because the PM failed to keep his word. This time, we are not going back until we get a public declaration from him that he will deliver on his promise," said Hazra Bee, a survivor and one of the padayatris.

The PMO has rejected a request for an appointment with the PM, and two further requests have not elicited a reply. However, international support for the survivors is pouring in. More than 1300 faxes from 18 countries have already reached the PMO, prompting officials there to threaten survivors with legal action. Yesterday, members of the Scottish parliament marched to the Indian High Commission in Edinburgh, even as other Bhopal supporters in London went to the High Commission there to submit a memorandum urging the Prime Minister to meet the Bhopalis' demands.

On April 16, 2006, the Prime Minister ended a 21day strike, including a 6-day hunger strike by the Bhopalis, by promising to meet the demands of the survivors. The survivors had demanded an empowered Commission to implement social, medical and economic rehabilitation schemes for survivors and their children, in addition to cleaning up Union Carbide's toxic wastes, providing clean water to water-affected communities, and taking legal action against Dow Chemical and Union Carbide. However, the PM suggested a Coordinating Committee to oversee implementation of rehabilitation schemes and environmental remediation.

Over the last two years, the Coordination Committee has had three meetings and accomplished nothing. More than 25,000 people continue to consume poison-tainted groundwater in the absence of reliable and good quality water supply. More than 5000 tons of toxic wastes remain buried and spread in and around the factory site, and no efforts have been taken to contain them or export them to the US for final disposal. No rehabilitation schemes have been implemented.

Government inaction on rehabilitation and environmental remediation has placed Bhopalis at the receiving end of two disasters – the 1984 gas leak and the ongoing water contamination -- both with pronounced effects on children and future generations. Despite a 1991 Supreme Court order directing the Government to extend insurance benefits to 100,000 gas-affected children, not one child has been covered, leading to a spurt in destitution among families with sick children. In contamination-affected communities, congenital deformities among newborns is a rising trend.

The future generations are in danger. That, say Bhopal survivors, is why any Commission that is set up has to execute its schemes over at least 30 years. The Bhopalis estimate that the Government needs to invest in a corpus of Rs. 2000 crore to provide an annual budget of Rs. 100 crores for the Commission throughout its term.

In contrast to the inaction on Bhopal, the Government has, in the last two years, openly advanced the cause of Dow Chemical and Union Carbide. Information unearthed from the PMO through RTI indicates that ambassador Ronen Sen, Montek Singh Ahluwalia, Ratan Tata, P. Chidambaram and Kamalnath have all written letters supporting Dow Chemical. In response, the Cabinet Secretary has suggested exonerating Dow Chemical keeping in mind the scope of investments by Dow and other US companies in India.

In less than a decade, Dow Chemical has chalked up an impressive list of violations of law and due process. In February 2007, Dow caught for paying more than Rs. 80 lakhs in bribes to Indian agriculture ministry officials to register three toxic pesticides. In 2005, Indian Oil revoked a technology deal with Dow after it found out that Dow was trying to sell Union Carbide's technology by lying that it was its own. Recently, Dow has managed to convince Government of India to approve the sale of Union Carbide's technology to Reliance Industries despite the fact that a 1992 court order directs the Government to confiscate all Union Carbide's assets in India.

"This is a repeat of the betrayal of 1989 where the Government colluded with Union Carbide to shortchange the people of Bhopal on the compensation settlement," said Satinath Sarangi, another padayatri and a long-time Bhopal activist from Bhopal Group for Information and Action. "23,000 people have died, and the collusion still continues. We're determined to break this corporate-Government nexus that plays havoc with people's lives."

For more information, contact:
Nityanand Jayaraman. 9717516003.
International Campaign for Justice in Bhopal
B5/136, Sadurjung Enclave, New Delhi-29
For the PMO files (Right to Information), visit: www.bhopal.net/pmo.html
For PMO files in Hindi, visit: http://www.bhopal.net/Hindi%20PDF.pdf

Saheli organises protest againt Judicial and Govermental Apathy to Rape Survivors

from Saheli Women: saheliwomen@gmail.com
Dear friends,
Please see the statement below that we have issued to the press.We are also planning to do a protest in Central Park (Connaught Place, NewDelhi) on Wednesday 2nd April, 6 pm onwards. Do join us so we can raise our voices together against these incidents of violence and moralistic reactions of the society, the media and the state. The statement below will be distributed in the form of a leaflet. If you would like to endorse it, please let us know latest by 1st April.

Women's group condemns moralism by the Judiciary, State and Media in cases of rape. In case after case of sexual violence against women we are witnessing troubling trends within the judiciary, state machinery and the media which raise serious concerns for women's safety and hope for justice. In a Sessions Court in Delhi, Additional Sessions Judge, A.K Mendiratta passed a judgment on 18 February 2008, regarding the rape and subsequent forced marriage of a young girl. A student of Class 9, the victim was lured by her friend's brother to his house and raped. When she threatened to file a case, he confined her until his parents returned, whereupon shewas forcibly married to her rapist. Then the judgment states, "under pressure, her father left her at the house of the accused wherein she was subsequently sexually assaulted by the accused Vikas". Finally, the victim was abandoned while she was pregnant. It was only then that criminal proceedings began. 2 years later, the victim took back her testimony and the accused was acquitted.Despite being aware of the horrific facts of the case, in his judgment ASJ Mendiratta fails to recognise what the victim must have suffered, choosinginstead to describe her now as, "married… and blessed with a child". Healso fails to deal with the crimes by accused or his parents, and instead shockingly issues a "warning" to parents, advising they "monitor" theirdaughters to avoid such a "slip in teenage" in our "opening society".We strongly object to the language and tenor of this judgement that seeks to police women instead of prevent or punish crimes against them. This is particularly ironic, given that the Union Home Minister, Shivraj Patil told the Lok Sabha last week that about 75% of rapes happen within the family.Such moralism has been equally evident in the case of the rape and murderof British tourist, 15 year old Scarlette Eden Keeling, in Goa. Stateofficials and the police have victimised the family with constantspeculations on the 'character' of Scarlette and her mother, FionaMackeown. On one hand, have been threats to never allow the family to re-enter India, and on the other hand, bland reassurances regarding the 'safety of all tourists' in Goa. Clearly, the real concern is to protect the tourism industry at the cost of justice. It is only after immense pressure that the Chief Minister, Digamber Kamat has finally agreed toallow a CBI enquiry into the matter. Also of great concern has been some of the regressive media coverage around the incident (especially on TV), marked by voyeuristic speculationsabout the mental state, habits, sexual life, etc. of the victim...building up towards a moral response that the victim 'deserved it'. Media reports and state officials have also systematically targeted Fiona as anirresponsible mother and hence tried to shift the onus off the perpetrators of the crime. Under such circumstances, the possibility of justice gets severely compromised. It is essential that the Government of Goa ensure a fair trial and punishment for those responsible for the rapeand murder of Scarlette.Both these cases are an urgent reminder that we need to examine the waycrimes against women are dealt with by the state, judiciary, media andsociety as a whole. We stand in solidarity with the struggles of victims,as well as those like Fiona Mackeown, fighting for justice under suchhostile circumstances.