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Monthly March 2014 For private circulation only Bulletin Suggested Contribution Rs. 15 APDR Statement Against Political Censorship the interests of the ruling party. The fact is clear from the Guild general secretary’s at Kolkata Book Fair statement that the discussion at the book release function could have annoyed the Guild’s Political Censorship at Book Fair state government. And why should a APDR condemns the withdrawal of permission by the Kolkata Book Fair authorities discussion on oppression of women annoy to release the book ‘Parijayee Nari’ written by Jashodhara Bagchi at the fair. The anyone after all, other than those who want so-called technical reasons provided by the Guild for the cancellation does not to perpetuate this crime? hold much water. The booking of the venue was done by a fair participant, SEARCH, We demand that the fair authorities for the release of the book published by Setu Prakashani, while the function was make amends immediately and let the book organised by a women’s forum, Nari Nirjatan Pratirodh Mancha. There are many release function be held at the same venue. instances in the past where books published by one publisher have been released by others. In fact, this is quite in line with the celebration of the free spirit of the Dhiraj Sengupta, world of books which the Kolkata Book Fair stands for. It is the Guild authorities General Secretary. who have violated it. APDR We also note with grave concern that a shadow of virtual censorship is looming large over the Kolkata Book Fair. While the Guild authorities maintain that Kolkata the fair should be “free from politics”, it is they who are playing politics by guarding February 5, 2014 “Say NO to Death Penalty!” The assembled representatives of human rights organisations and individuals called on all political parties to come out clearly against the death penalty and declare so clearly in their manifestos ahead of the upcoming parliamentary elections. It is time that political parties played a leading role in educating public opinion in taking a civilisational perspective on this issue and rise above narrow considerations of retribution and move towards complete Meeting of All India Human Rights Organisations and Activists abolition of the death penalty, thereby on March 8, 2014 in Chennai joining the ranks of more than 140 countries that have done so. More than 25 human rights activists representing People’s Union for In this context, they called on Democratic Rights (PUDR), Delhi, Civil Liberties Committee, AP, political parties to prevail upon the Indian Progressive Democratic Forum, Karnataka, BMC / CDRO – West Bengal, government to become a signatory to the People’s Union for Civil Liberties (PUCL), Karnataka, Rajasthan and Tamil UN general assembly resolution calling Nadu and journalists, lawyers, other professionals and citizens gathered in for the abolition of the death penalty. Chennai on March 8, 2014 to discuss the issue of death penalty and relevant The activists note that the strategies to build a broad and inclusive movement towards abolition of decision of the Supreme Court in capital punishment in India. CDRO Bulletin A Monthly Bulletin of CDRO 1 Send your reports to ([email protected]) January, 2014 in the ‘Shatrughan Chauhan vs Union of India’ MARCH 2014 CONTENTS case is historic in-as-much as it APDR Statement Against Political Censorship at Kolkata Book commuted the death sentences of Fair, APDR .................................................................... 1 15 prisoners to life imprisonment “Say NO to Death Penalty!” ............................................... 1 thereby providing a fillip to the Maharashtra – Letter from Undertrial Prisoners on Hunger anti-death penalty movement in Strike at Nagpur Central Prison ....................................... 3 the country. Thousands of Workers Stage Demonstration at Secretariat for The court held that Enacting Contract System Abolition Act ......................... 4 inordinate and unreasonable delay Haryana – MSWU Statement on the Success of Autofit in the execution of death sentence Workers Union (Dharuhera) in Defending their Union Rights amounts to torture which amounts and Rights of Contract .................................................... 6 to violation of right to life under Statement of PUCL ............................................................. 7 article 21 and hence a ground for Kathputli Colony at Receiving End, PUDR ........................... 8 commutation of the sentence. Urgent Appeal: Condemn Racial Attacks – Murder, Rape and Another significant observation Assault of Persons Hailing from Northeast (India) in New was that mental health is an Delhi, Capital City of India .............................................. 10 important ground for 23 February: Kashmiri Women’s Resistance Day .................... 14 consideration of commutation of Stand in Solidarity with Struggling Workers of Bajaj Motors, the death penalty. The court held Gurgaon, WSC ............................................................... 15 that when a mercy petition goes Association for Democratic Rights Condemns the Surrender before the Governor or the of Penguin Books ........................................................... 16 President, the decision should not Haryana – Report on Recent Workers Strikes at Asti and Baxter be limited by the legalities of the Factories, Manesar ......................................................... 17 case and should look into other United Tea Workers Front Moves Ahead on Minimum Wages . 19 facts which are not part of the Statement of Naga Peoples Movement for Human Rights ...... 21 criminal case. In fact, the Statement of People’s Union for Civil Liberties ..................... 22 Supreme Court reiterated, that the power of the President or all even an accused on death row has human rights. Governor under Articles 72 or 161 Women’s groups have been saying that the death penalty of the Constitution is “a makes no difference to the victim’s family, that it makes the streets constitutional responsibility of no safer. After the December 2012 New Delhi gang rape, women’s great significance” and it is open groups have come out more vociferously against the death penalty. to the President to “scrutinise the The activists felt that there was an urgent need to revisit the evidence on record of the criminal “rarest of rare” provision set out in the Bachan Singh case on the case and come to a different death penalty, which has been subsequently applied by various courts conclusion from that recorded by in very subjective terms, reflecting the social ideology of the bench. court in regard of the guilt of, and This has resulted in inconsistent judgments following trials during which sentence imposed on the the accused coming from poorer sections of society had no recourse accused”. to competent legal counsel and were hanged to death unjustly. The Shatrugan In the meeting there was consensus that death penalty has Chauhan judgment also gives us become utterly unjust and has become a tool in the hands of certain scope for looking at the issue political groups. It’s being used like other laws, like the laws of sedition. beyond the accused as a legal The activists resolved to conduct further extensive research subject, and towards restoring the and gather information on the way death sentences were being humanity of the accused. After pronounced and the condition of people on death row, to set up a 2 CDRO Bulletin repository of information on the Jayaraman, Independent death penalty and to carry out Dr. V. Suresh, PUCL. Journalist, Bangaluru. educational programmes in Paramjeet Singh, PUDR, Delhi. Suhrith Parthasarathy, Advocate. schools and colleges. Sujato Bhadro, BMC (WB). and others. Participants felt that the Chandrasekahar, Lakshman, movement against the death Sriman Narayana, Civil Note: The meeting was penalty should be inclusive of all Liberties Committee, AP. organised as a working group groups and sections of society. Ramesh and Ramasamy, meet to follow-up the decision There is need to sensitise judges, Progressive Democratic made at the end of the All India civil society, especially Forum, Karnataka. Convention Against Death youngsters, with creative Ramdas Rao, PUCL, Karnataka. Penalty organised by PUDR literature. Activists resolved to Kavita Srivastava, PUCL, and CDRO held in Delhi on 1st come out with new and innovative Rajasthan. February, 2014, to re-launch material which can be put online, G. Saraswati, TSS Mani, K. the All India Campaign Against to reach a wider audience, as well Saravanan, Sankaralingam, Death Penalty. as to get cartoonists, filmmakers Veerabahu and others, and musicians to enter the anti- PUCL, TN death penalty movement. Maharashtra – Letter from Undertrial Prisoners on Hunger Strike at Nagpur Central Prison Update as of Feb 6: The strike has been called off yesterday. A petition highlighting the Several prisoners including Sudhir Dhawale were hospitalized. conditions of the prisoners to the effect has been sent to the Indefinite Hunger Strike from 30th January onwards Honorable judge through the jail superintendent on January 20, Dear Friends, 2014. If there is no reasonable We request your support for the indefinite hunger strike that response by the 30th of January, will commence on 30th January onwards at Nagpur Central Prison, 2014, 177 under trial prisoners Nagpur, Maharashtra. At least 177 under trial prisoners, including 7 (including 7 female) are resolved women, (arrested under UAPA, MCOCA,