Sunday, November 16, 2014

Islamabad must release Aisa Bibi

Christians in India express concern over abuses of blasphemy law in Pakistan

By TCN News,
New Delhi: Indian Human Rights and Freedom of Faith activist Dr. John Dayal, who met with Mr. Abdul Basit, High Commissioner of Pakistan in New Delhi, recently has urged the Paksitan government to release the ailing Aisa Bibi, facing a death sentence and in jail since 2009 under the notorious Blasphemy laws, and to allow her to come to India where local groups have volunteered to take care of her urgent medical condition.
In a letter to the High Commissioner, Dr. Dayal, also expressed the shock of the Christian community in India at the brutal torture and burning alive of a bonded labour couple, Shahzad and Shama Masih, near Lahore two weeks ago.

Christians in India express concern over abuses of blasphemy law in Pakistan
Dr. John Dayal is a member of the National Integration Council and Member, National Monitoring Committee for Minority Education, Government of India. Earlier he was also the National President: of All India Catholic Union, Secretary General, All India Christian Council, and President: United Christian Action, Delhi.
The following is the text of the letter given to the Pakistani High Commissioner for conveying the feelings of the Indian Christians to the Government of Pakistan and to the Honourable Prime Minister:
Thank you for your courtesy when I spoke to you about the twin issues of the burning alive of 28-year old Shahzad Masih and his five-month-pregnant wife Shama Masih, 24, in a brick kiln in Lahore’s Radha Kishan Kot recently, and the continuing incarceration since 2009 of Aisa Bibi [Aashiya Noreen] of Sheikhupura, arrested on trumped up charges, and sentenced to death under Pakistan’s infamous Blasphemy Law.
We understand that in over 300 cases under the Blasphemy laws in Pakistan, perhaps more than 250 are been filed against various Muslim sects, including Shias and Ahmedias, and others. This is little consolation to the victims, most of who are targetted under absolutely false charges to settle local scores, or to terrorize religious minorities, specially the tiny Christian community in the country.
These two cases have shocked the world, and have exercised the global Christian community. We in India are particularly concerned as we campaign for the full protection of religious minorities in India – specially Muslims – and their Constitutional and democratic rights. We also campaign against Capital punishment, and impunity.
Christian groups have offered to take care of Aisa Bibi, who is ill, and her family. We in India will be very happy to take care of her medical needs and of her family if she is allowed to come to India. We therefore appeal to you to impress on the Government if Pakistan to set Aisa Bibi free and to allow her and her family to travel to India.
Aisa Bibi’s is a test case of miscarriage of justice under political pressure. Fundamentalist groups have threatened the members of the court and her defence team. She was arrested on 19 June 2009 and sentenced to death by a lower court in November 2010. Since then, she has been in solitary confinement for security reasons, and has become a symbol of the struggle against the blasphemy law. Human rights groups have described her case as symptomatic of the deeply rooted problems of prejudice, inefficiency, corruption, and under-resourcing, which are amplified in blasphemy cases, specially for Christians and other religious minorities.
We join Human rights groups in Pakistan such as the Cecil Chaudhry & Iris Foundation (CICF), in praying Aisa Biwi will be vindicated at the Supreme Court. We too urge Chief Justice Nasirul Mulk to consider Asia Bibi's case with the utmost urgency and to ensure her safety".
The brutal torture and murder of Shahzad and Shama Masih in Kot Radha Kishan is a case not just of trumped up charges but also of impunity as it took place in the presence of policemen and on the orders of a local Panchayat comprising notables and clerics of the area. Well respected newspapers of Pakistan have reported how mobs were mobilized to collect at a brick kiln, and how the couple were beaten, tortured and then burnt to death. They were eliminated because they were trying to come out of their status as bonded labour.
We call upon the Government of Pakistan to make a test case out of this double murder so that all those guilty in the conspiracy and crime are punished, and a string message goes out to others that the government is determined to stop violence against religious minorities.
We once again repeat our call that the Blasphemy Laws, which have brought such tragedy and pain to innocent people of Pakistan, is repealed and the rights of religious minorities are guaranteed under your national as well as international statutes.
Thank you

On Forcible Sterilisations

Target Practice:  The Human cost of meeting Planned Families and other “development” goals

John Dayal

[John Dayal is an Indian Journalist and Human Rights Activist based in New Delhi. John Dayal and Ajoy Bose’s ‘For Reasons of State – Delhi Under the Emergency’ published in the summer of 1977, has been called one of the most authentic accounts of life under the State of Emergency imposed by the then Prime Minister, Mrs. Indira Gandhi on 25 June, 1975, and lifted on 21 March, 1977.]


In a country where targetted religious, state and terrorist violence, man-made and natural disasters seem to numb sensibilities and sensitivities, there can still be incidents of human deaths that shock the nation out of its stupor. And, for many of us with memories, serve as a reminder of times when the State went berserk in pursuit of political goals.
 Dr. R. K. Gupta, on the staff of the Government of the State of Chhattisgarh, in the very centre of India, was arrested early this week and charged with the death of eight women who underwent tubectomies, “sterilisation” surgeries, to limit their families. More than two dozen other women are still fighting for their lives in hospital. The Chhattisgarh government on Republic Day, January 26, 2014 honoured the 59-year old surgeon for accomplishing a massive target on mass sterilisation in the state-run campaign. The doctor maintained he was made a scapegoat, and that “the women had died to the sub-standard drugs given to them after the surgery," he claimed. Other reports said the medicines had been procured by the government from dubious drug companies, and that the surgical instruments were old and rusted. The women died of septic shock.
It is revealing that Dr. Gupta had operated upon 83 women in six hours on a Saturday at the Sakri health camp in Bilaspur, spending an average of two minutes operating on each woman.
It was not that the doctor was deliberately negligent, though that too is the subject of an enquiry by a  peer group sent from New Delhi. The State government seems in no hurry to admit that it had set targets which doctors and their staff had to fulfill to meet the larger goals that several governments have set themselves to reduce the population, to raise the standards of living specially in rural and semi-urban areas. This in turn is part of the development goals of the government.
Chhattisgarh is not the only state to set such goals towards population control. Other provincial governments have done so in the past, and there have been deaths and other medical crises in “health camps” organised for various surgeries with ill-trained doctors, unsterilized instruments or spurious medicines.
A major cause is the stress on the medical staff and their assistants is in meeting the “targets” in the time given them. The penalties can be severe, and for staff, which is employed on a temporary or casual basis, failing to meet the numbers can mean unemployment. Exceeding the goals can get rewards, including national honours, as in the case of Dr. Gupta.
This is precisely the carrot-and-stick that was offered to government doctors and others almost 40 years ago, in what is called the Indian Emergency. The then Prime Minister, Mrs. Indira Gandhi lost a court challenge to her election to Parliament, faced an upsurge of public anger, and promptly suspended constitutional rights, including freedoms of expression and assembly. Alleging a threat to the State and charging political adversaries of trying to goad the Armed forces against her, she jailed thousands of politicians, activists and journalists. From 25th June 1975 till she lifted the state of Emergency on 21 March 1977, and called for a general election, her younger son, Mr. Sanjay Gandhi, who became an extra-constitutional centre of political and administrative power, was arguably running the country. He was surrounded by a coterie of political cronies and a bunch of senior bureaucrats  who quite willingly did his bidding. Ironically, Mr. Sanjay Gandhi’s wife, Mrs. Maneka Gandhi, is today the Union Minister for Women and Child Welfare, and his son, Mr. Varun Gandhi, is a Member of Parliament, a leader of the Bharatiya Janata Party which rules India.
The most high profile part of the work of this 1975 Sanjay-led group was to rid metropolitan cities, specially the national Capital Delhi, of the slums that scarred its aesthetic appeal. Hundreds of thousands of the poorest people in the city living in hundreds of shanty clusters next to the well planned housing developments of the rich and powerful. These shanty-dwelling men and women who worked as labourers, drivers and the domestic help for the rich, suddenly saw bulldozers raze their slum to the ground. The police herded the now homeless people in trucks and drove them to the outskirts of the city, where they were given 22-square meters of land marked out in chalk on the barren ground, and told to rebuild their lives. These so called “resettlement colonies” in later years, in another political irony, became a political vote mine that kept the Congress in power in the city for decades. These areas  were repeatedly racked by sectarian violence, the most infamous was the killing of more than 350 Sikhs who were burnt alive in Trilokpuri in east Delhi in the three days following the assassination of Mrs. Indira Gandhi by her Sikhs bodyguards on 31 October 1984.
The second brainwave of Mr. Sanjay Gandhi and his team of advisers was to focus on India’s development by containing its population. An unspoken target was the Muslim community, which then, as now, was presumed to be multiplying at too rapid a rate and would disturb the demographic balance of the country where religious tensions are always close to the surface.
Population control had failed when it was left to the people as a voluntary measure. It was then that someone thought of pressing government employees, and workers in para-government organisations, to muster people and bring them over for sterilizations. These were supposed to be both vasectomies for men, and tubectomies for women. Camps were set up in all sorts of places. One was in Dujana House within sight of the historic Jama Masjid in Delhi.  Others were in tents, school buildings and the compounds of hospitals. This reporter has in his archives a copy of the Emergency manual, which was hastily printed to train medical and paramedical staff on how to carry out a vasectomy, a Do-It-Yourself set of instructions as it were.
There was nothing polite in the coercion. Employees and officers could lose their jobs if they refused. However, the promised ‘gift’ of a tin of hydrogenated vegetable oil for cooking and a cash dole was not enough to persuade men to come forward for a vasectomy. Patriarchal society that India is, most anyway would send their wives. But if one was a lowly municipal employee who had two children, there was no escaping the scalpel. In some town near Delhi, people did protest, and faced police action. Many were killed when police opened fire on angry mobs There has never been a real accounting of such cases.
I have dug out from my Archives, documents that we had collected during the Emergency and kept safe, a few official orders and at least one official Press Statement. Like any artifact dug up by an anthropologist, they show the urgency, the political desperation and the subservience of government officials who were all too willing to obey the most bizarre of political commands, sometimes out of fear, and often for a share in the glory of power.
Such human stupidity is, unfortunately, still on display.

-------  
Some samples of the orders of a Government gone berserk.

APPENDIX I
RAJ NIWAS DELHI
PRESS NOTE

The Lt. Governor, Shri Krishan Chand, has been laying a great deal of stress on Family Planning on December 26, 1975 he inaugurated a special camp in Kasturba Hospital. A note worthy feature of this camp is that the financial incentive was raised 5 times in the case of motivators. Hitherto, motivators were paid Rs. 2/- per case. On the special camp motivators were paid Rs. 10/-. In a special Camp held in September 1975 as many as 425 operations had been performed within a fortnight. This was considered a record. A second camp was organized in the same area from December 26, 1975. In a fortnight about 1000 operations were performed.
In addition to various campswhich are going on in different parts of the city including the Badarpur and Shahdara area, the Delhi Administration, under the Lt. Governor’s directions, has been processing several incentive and dis-incentive measure to lower the birth rate in the Union Territory of Delhi.
It has now been decided that incentives and dis-incentives will apply both to the general public and the employees of Delhi Administration. The measures which are likely to come into force almost immediately are as follow:-
For the General Public
(i)            Allotment of houses, flats, tenements, shops and plots in all groups i.e. Janta, Lower, Middle and other income groups will be made to only those who have limited their family to two children. And eligible couples will be open to hire purchase and installment basis facilities. Those couples that are not eligible would have to pay for all such houses etc on lumpsum basis. (An eligible couple for the provision of these facilities means a couple who has less than two children and has given the prescribed undertaking, or a couple having two or more children who get either spouse sterilized).
(ii)          Non-eligible couples will not be eligible to houses, buildings loans. (As eligible couple for the provision of this facility means a couple who has less than two children and has given the prescribed undertaking, or a couple having two or more children who get either spouse sterilized).
(iii)        Entrepreneurs having two children coming forward for establishment of a small scale industry will be entitled to loan only if they get themselves sterilized and produce a sterilization certificate from the authority prescribed. Those having more than two children will not be eligible at all. Those having no/one child they will be entitled to loan only on furnishing and undertaking that they will restrict their family to two children only. They will have, further, to furnish an yearly declaration about the number of children and will also be bound to inform the department of any addition in the family. Any breach of the undertaking will entail withdrawal of loan facilities, forfeiture of the payment already made and recovery of the balance as arrears of land revenue.
(iv)         Only individuals who have been able to show by their ration cards that they have two or less than two children will be allowed free medical coverage in Government hospitals. Those having more than two children will receive this free coverage only after producing a sterilization certificate from the authority prescribed in respect of the husband. Those who have failed to obtain this sterilization certificate will have failed to obtain this sterilization certificate will have to pay a minimum of Rs.5/- per visit for the OPD, and Rs. 10/- for the indoor.
(B)     Government Servants, Employees of Local Bodies, Government Undertakings etc.| Autonomous Institutions Under Delhi Administration.
(i)      Recruitment Stage: At the time of interview individuals having two or less than two children will get due weightage.
(ii)     Before appointment, unmarried/recently married/those having less than two children will have to give an undertaking that they will limit their family to two children. Breach of the undertaking will dis-entitle the employed member from confirmation.
(iii)    Such individuals who have more than two children, within two months of the issue of this order will have to get sterilized before they can be appointed and produce a sterilization certificate from the authority prescribed.
(iv)     Employment of daily wages/seasonal basis e.g. Malaria Workers will be only available to such individuals who have two or less than two children or who have obtained sterilization certificates from the authority prescribed.
In Service Personnel
(i)      Those having more than two children shall not be entitled to festival advance, housing loan, car/scooter advance, cooperative loan, allotment of scooter on priority basis till they get themselves sterilized or until they give the prescribed undertaking. In the case of such personnel already having more than two children, they will not be entitled to these facilities until they get sterilized and produce a sterilization certificate from the prescribed authority.
(ii)     Those having more than two children will not be entitled to government accommodation if they do not get sterilized or if they fail to give a written undertaking that they will limit their family to two children. Those in occupation of Government accommodation will become dis-entitled as soon as there is a child added to the family beyond two children. In the case of such employees who are already in occupation of Government accommodation and have already more than two children, they shall be entitled to retain the Government accommodation only after getting sterilized and producing a sterilization certificate from the authority prescribed.
(iii)    All freeships, provision of free book grants, children education allowance, uniform allowance, washing allowance and similar other allowances which the lower income group amongst the Government servants enjoy today, will be available only to the employed members from amongst eligible couples.
(iv)     Such Government servants who limit their families to one will be entitled to out of turn allotment of plots, houses, tenements from Delhi Development Authority. For this purpose a special quota will be reserved.
(C)     Community Incentives
(i)      Gaon Sabhas in the rural sector who produce the maximum number of sterilization cases in one financial year (minimum 100 cases) will be entitled to drinking water and irrigation water facilities on a priority basis.
(ii)     A metropolitan constituency which produced the maximum number of cases will be entitled to a certain community incentive like beautification, additional schools, health benefits and similar services. The elected representative of such a constituency will get an incentive of Rs. 20,000/- to be used for the betterment of his constituency.
(iii)    Such Government servants especially who are opinion leaders in their areas e.g. doctors, nurses, paramedical staff. Teacher who set 50 or more than 50 sterilisation done in a year will be entitled to a letter of commendation and an extra increment. A Government servant who tops in this performance (family workers excluded) will in addition receive an honorarium of Rs. 100/- per month the following year.



APPENDIX II
LIEUTENANT GOVERNOR’S SECT.
DELHI
PRESS RELEASE
DELHI, APRIL 19, 1976
The Lt. Governor, Shri Krishan Chand, has issued the following statement to the press:
“Certain reports are reaching the Administration that some interested persons are bent on creating conditions in which the work of family planning can not be carried in an orderly manner.
         The facts are that as a results of the persistent efforts of the Motivational Committee on Family Planning headed by Smt. Vidyaben Shah, President, NDMC, and of Ruksana Sultana Saheba, 15,000 persons male and female have offered themselves voluntarily for measures which will check the reproduction of unwanted children permanently. The people are motivated because large families, particularly in the city areas, live in very trying conditions of housing, education and incomes generally.
There are certain vested interests who for their own reasons want to impede the process of this vital social programme. Family planning constitutes the core of national re-construction on which the nation has embarked. It is the duty of every citizen to give full co-operation in this stupendous task. By restricting the size of families, the living standards will go up. The economic gains conserved and a new era of prosperity ushered. I am confident that the small groups with vested interests will not be allowed to operate to the determent of the vest sections of our people.
I want to make it clear beyond doubt that if any obstruction is caused to the doctors, the nurses or the personnel and the workers engaged in promoting the family planning programme, very drastic action will be taken against the offending persons.
Today itself in Dujana House, where a family planning camp was opened only four days ago, over 300 cases have already been treated. I am certain that this momentum will gather in strength. We are at the beginning of the work and by no means it is the end of it. It is necessary to have the co-operative of all right thinking persons so that this stupendous programme can be successfully executed.
It is the duty of the Delhi Administration that all incentives disincentives are offered for carrying on the work successfully. Some of the measures already taken have been announced and the public will be kept fully informed of further measures and facilities to be provided from time to time.


APPENDIX III
MUNICIPAL CORPORATION OF DELHI
CENTRAL ESTABLISHMENT SECTION
No. 15/CES/HCIV                           Dated : 15.4.76
OFFICE ORDER
In continuation of this circular No. 14/CES (HCIV) dated 6.4.76 and the instructions issued by the Health Deptt. Vide their circular No. HD/MSCW/76-481, dated 1.4.1976, the following further/instructions are issued to all heads of the Deptts./ZACs/Drawing & disturbing officers for strict compliance to make the programme of family planning a real success :
(i)      No recruitment or promotion, efficiency bar, increments or confirmation of any staff member of any category be done till he/she produces sterilization certificate if he/she has more than two children.
(ii)     All muster roll employees and daily wages may be allowed to get six days leave with full pay after vasectomy operation and 14 days leave with pay after tubectomy operation.
(iii)    A municipal employee will be entitled to get municipal accommodation only if he/she produces sterilization certificate in case he/she has more than two children. Those already in possession of accommodation have either to produce the certificate within one month of issue of these instructions or penal rent will be charged from them.
(iv)     No loans or advances from provident fund etc. be sanctioned to any employee till sterilization certificate is produced if he/she has more than two children.
(V)     No earned leave or any other long leave be sanctioned to the employee except on medical grounds unless sterilization certificate is produced if he/she has more than two children.
(vi)     No reimbursement of the cost of medicines be allowed till sterilization certificate is produced if he/she has more than two children.
(Vii)   No maternity or abortion leave be granted to a female employee who already has two children.
(viii)   No fellowships in India or abroad will be granted to any official having more than two children unless he-she produced a certificate that he/she has undergone sterilization.
2.      All heads of the Deptts./RACs/ drawing & disbursing officers may please get information filed up in the enclosed proforma (A) within 4 days of the receipt of this order or by 30th April, 1976 whichever is earlier, in respect of each officer/working under them and ensure that aforesaid instructions are fully enforced in respect of officers/officials having more than two children and those having two children are made to give an undertaking in the following form:-
Undertaking
“I hereby declare that I have at present----children only and I hereby undertake to restrict my family to two children only. In the event of breach of this undertaking, I understand that I get exposed to any penalty that may be prescribed by the competent authority”.
“I further undertake to furnish yearly declaration about the number of children and to immediately inform the administration about any addition to the family. “Failure to inform the Government in time would also mean breach of undertaking”.
3.      Unless the concerned officer/official furnishes the above information his salary be not released.
4.      In proforma ‘B’ of this circular is enclosed department wise targets of sterilization which have to be achieved by each Deptt. By 30th April, 1976. ZACs will make department wise break up for their respective zones so that the zonal target is achieved by them.


Sd/-
(V.K. CHANANA)
DY. COMMISSIONER(C )

To All Concerned


ANNEXURE ‘B’
Sterilisation Targets for April 14 to 30, 1976
Health Department                         1300
Engineering                                             1000
Education                                       1000
Garden                                           500
Water & Sewage                              1000
D.E.S.U.                                         1000
Assessment & Collection                         100
Terminal Tax                                     100
Urban Community Development      300
C.E.S.                                                      400
C.A.                                                  100
Labour Welfare                                 100
Licensing & Enforcement                         100
Law Office )                                     50
Vigilance   )
Fire                                                50
                                                      ________
                                    Total :         7100
                                                      ________
N.B. :
ZACS to implement and see that the Zonal break up of the targets by various departments is achieved.


APPENDIX IV
MUNICIPAL CORPORATION OF DELHI
CIVIL LINE ZONE


No. 124/D/G/7/CIZ                       Dated : 26.4.76

It has been ordered by the Commissioner that all Muster Roll Employees as well as temporary employees eligible for sterilization
Should produce a certificate of sterilization by 30th April, 1976 or else they will loose their job in the corporation. This fact should be clearly made home to all the employees under you.
He has also directed that if other officers/officials of the Corporation eligible for sterilization get themselves sterilized before 30.4.76, they may be transferred to the place of their choice in addition to incentives already communicated to them earlier while those who although eligible but do not get themselves sterilized by 30.4.76 will have to be shifted to unimportant place of posting in addition to the disincentives already communicated to them earlier. In this way the employees on outdoor duties will be shifted to indoor duties.
I would again emphasize upon you all that the commissioner has desired in unequivocal terms that employees eligible for sterilization showing reluctance for sterilization will have to be dealt with very severely. It should also be noted that target date for oneself getting sterilized is 30.4.76. Please inform me by 9 A.M. tomorrow that the contents of this order have been communicated by you to each and every member of the staff working under you.
You will all be meeting me daily at 9 A.M. in my office in this connection with the figures of achievements.

Sd/-
Zonal Asstt. Commissioner (CLZ)

All Heads of Deptt. And Ward officers,

Civil Line Zone