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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS

E-Newsletter
Vol.2 No.19
May 8, 2000


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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net

Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.

Dear Friends,

To occasion the Vesak Day we would like to present a reflection on Buddha's teaching on common humanity and equality by Basil Fernando. We also take this opportunity to request urgent solidarity action on cases of death in custody and torture in detention. Additionally two updates on Burma and Sri Lanka are provided. Thanks .the editor

1) Human Rights Message For Vesak- Day
2) URGENT ACTION : Torture, illegal detention, death in custody
3)UPDATES: Burma and Sri Lanka

1) Human Rights Message For Vesak- Day of Celebration of Buddha's Birth, Enlightenment And Passing Away

-Buddha understood cruelty is a human product and not an accident-

On the 11th of May, several countries in Asia will observe a holiday to celebrate Buddha's Birth, Enlightenment and Passing Away.  There is hardly anyone who would dispute the fact that no one has influenced Asia as much as Gotama Buddha, who lived in the fifth century BC.

What is unique to the re-discovery of Buddha's life and teaching in recent times is that his ideas were completely opposed to the dominant ideas of his time.  The scholars have quite clearly established that he opposed the Chaturwarna philosophy which divided all peoples into four castes, putting Brahmins at the top and Sudra at the bottom, on the theological basis of divine will.  Rejecting this division and asserting that all are born of women, Buddha preached ideas of common  humanity and equality.  He recognized the rights of women and the right of education for all.  The basic tenet of Brahminism is that the right to education belonged solely to the top caste: the Brahmins themselves.  Brahmins taught that even Vedas, the sacred texts of Hindus, must not be read or heard by the so-called low Castes.  The punishments for those who disobeyed were heavy and cruel.

Buddha's teaching on loving kindness can really be appreciated only when it is seen in the background of the utter cruelty to human beings and animals contained in Brahmin doctrines.  Caste was a cruel separation of people that turned the ill-treatment of the low castes into an ideal.  According to the Dhamma of the Brahmins, an upper caste person who wanted to treat a low caste person as an equal was a sinner who needed to undergo purification through rituals.  To be kind to anyone outside the chosen clan was irreligious according to these doctrines.  As for animals, the Brahmins' main job was to offer animal sacrifices.  Buddha preached against such sacrifices.

Kindness and cruelty remain the major point of human discourse even to date.  There are many ideologies which justifies cruelty for various pretexts, such as maintaining the purity of the race, national interest, culture and even economic development.  Deliberate policies that deprive basic food, water, medicine and education to vast sections of people are promoted by big nations, big corporations, and big financial institutions.  Inequality towards women is promoted in the same way.  Deprivation of basic food items and the spread of HIV/AIDS is very much linked to these policies, as is the spread of violence.  Every form of cruelty rises not through accident but through well worked out human networks.

Buddha understood, the conditionings of human cruelty and worked against them.  He challenged the notions that supported such cruelty and promoted notions that were capable of defeating the negative notions.  He in fact succeeded, for quite some time, to win most of the Indian population over to his views and also most of Asia.  Great Asoka became the symbol of the influence of the social movement that rose from Buddha's influence.

However, negative notions again got back their lost influence, thanks to religious persecution and an extremely organized effort by Brahminsm.  Caste came back even worse than before, and became untouchability.  Over 17% of the Indian population even today suffer from this, even though untouchability has been legally abolished.  Meanwhile, Buddha's teachings were falsified and the aspects of his teachings which gave rise to one of greatest social movements for equality and against cruelty have been suppressed.  Buddhism has been transformed in many places to an other-worldly religion.

Re-discovery of Buddha's original teaching can lead to a powerful movement to resist all forms of cruelty and discrimination. It can also be an inspiration for movements to protect nature. The Buddhist festival of this year is a good occasion to try to understand the damage that has been done to Buddha's teachings and to rediscover the original message.  If this were to happen, it would give a tremendous boost to the human rights movement in the world, particularly in India, the place where Buddha's message has its origins.  We urge that on this special day, special thought be given for Dalits, who are crying for liberation from caste discrimination.

2) URGENT ACTION : Torture, illegal detention, death in custody

UA 24/00: Torture, illegal detention, death in custody

INDIA: Man killed, women and children tortured during illegal detention

We have received very reliable information describing the torture, molestation and illegal detention of at least 12 women, and 2 minors, in connection with the torture, illegal detention and murder of a man in Chennai, Tamil Nadu State in the South of India. The man murdered is one

Nathan, s/o Nagappan of Chennai, who died on Febraury 17, 2000. All of

these serious human rights violations were at the hands of the police at the F-1 Chintadripet Police Station, Chennai between the 10th and 17th of February 2000. The events are summarized below.

CASE OF NATHAN:

Nathan, s/o Nagappan, of Chennai was detained on 10/2/2000 by plain clothes police in a private car in connection with the robbery of the 'Bombay lectronics' store in Chennai. He was taken to the F-1 Police Station and seriously tortured, by using needles tied together and inserted under his nails, being cut on the inside of his mouth and forced to swallow liquor, being tied to window bars and beaten among other means. He was detained until his death. According to his wife, Sala, who was with him through the entire period of his detention, he was not even coherent, nor able to eat, speak or walk properly from 13/2/2000.

The police and magistrate claim that Nathan appeared in court on the 16th, while the women who had been detained claim he never left the police station on that day. Either way, Nathan died the next day (17/2/2000), from the injuries he had received at the hands of the police.

CASE OF THE WOMEN

11/2 Sala, Nathan's wife taken in and tortured by bending her fingers backwards over a pen and forcing her to bend over a stool and beating her 2/2 Renuka, Bhavani, Umayavalli, Chelli, Amutha all detained and tortured - grabbed by the hair, beaten on the back and buttocks, verbally abused and sexually molested.

13/2 Torture and illegal detention of women: Nagarani, Palayam, Kannagi and Veerammal (mother of Nathan), Velankanni and Nagarani's daughter Indira, 24, were all beaten, verbally abused, molested, and their hands injured.

The women were detained illegally at F-1 station during day, where tortured, then most were detained at the All-Women's Police Station at night from 11pm under different, false names entered in prison records. This is clearly an offence of wrongful confinement and violates section 160 of the Criminal Procedure Code. None were brought before a court, even though they were detained for much longer than the maximum 24 hours allowed before they must be brought to court by the police. Many of the women named a particular policeman Venkatesh who was the most brutal amd abusive, encouraging the other police to help him torture the detainees. The women also claimed that the police were in a drunken state for much of the time of their illegal detention.

CASE OF THE CHILDREN

13/2 The two minor children of Nathan, Anand and Mani, were also taken to the police station, beaten, abused, stripped naked and threatened by Venkatesh and other police. Anand was pierced with a needle in his genitalia. Mani was detained until the night of 16/2, Anand until the morning of 17/2. They were also forced to watch the police torture their parents and other illegal detainees.

BACKGROUND

From the 1998 US State Department's report on Human Rights in India: "The law prohibits torture, and confessions extracted by force are generally nadmissible in court. Nevertheless, torture is common throughout the country, and authorities often use torture during interrogations. In other instances, they torture detainees to extort money and sometimes as summary punishment."

From Amnesty International's 1999 Report on India: "Thousands of political prisoners...were detained without charge or trial. Torture and ill-treatment continued to be widespread, and hundreds of people were reported to have died in custody. Conditions in many prisons amounted to cruel, inhuman or degrading treatment.

From the South Asia Human Rights Documentation Centre: "Torture is a sanctioned practice in the administration of justice in India. The police regularly violate the UN Code of Conduct for Law Enforcement Officials and the guidelines for the use of fire arms. Torture, extortion, and rape take place with impunity in police custody across the country." This is not an isolated case, but part of a pattern of police brutality that continues unabated and with impunity. Some of the brutality in this case may relate to the crime involved - robbery of a successful business. In such cases, businesses may 'generously assist' police in finding the culprit (offering use of a car, providing gifts, etc.), which encourages the police to use any means possible to get the money back. Also, police may be able to find ways to extort suspects or to 'skim off' some of the money recovered.

SUGGESTED ACTION

Write to the President and the Prime Minister of India and the Chief Minister of Tamil Nadu, with a copy to the head of the National Human Rights Commission, requesting that an immediate, independent enquiry into the illegal detention, molestation and torture of the women and children named in this appeal, and the death of Nathan. Please also include the following recommendations, made by the Peoples  Union for Civil Liberties (PUCL), who conducted the fact-finding mission:

1. All police officials responsible for the death of Nathan be charged for  murder and prosecuted immediately before the Human Rights Court;

2. The investigation into the case be done by a high police official of  known integrity, since the accused themselves are police personnel; the accused be charged and prosecuted for illegal confinement, causing grievous  hurt and molestation of the women and children; stern action be taken  against the officials who violated the Juvenile Justice Act 1986; and an  identification parade be immediately conducted so that the women can  identify the police officials who are responsible for the death of Nathan  and for the torture and molestation of the women and children;

3. Post-mortem reports be made public documents and the victims and human rights organisations given access to these documents;

4. Compensation be given to all the women and children who suffered  illegal detention, torture and sexual molestation in the hands of the police;

5. The RDO enquiry be prevented from protracting or stalling the  investigation into crimes committed by police officials;

6. Contempt proceedings be initiated against all police personnel concerned  with violation of the directions given by the Supreme Court in respect to

providing arrest memos;

7. Every Magistrate make the provision of a proof of service of arrest memo  a pre-condition for remanding any arrested person to either police or  judicial custody;

8. All Women Polic Stations not be used as illegal detention centres for  women.

Send appeals to:

Prime Minister Atal Behari Vajpayee
South Block Gate NO. 6
New Delhi 110 001
INDIA
Fax: 91 11 301 9817

President K. R. Narayan
Office of the President
Rashtrapati Bhavan
New Delhi 110 001
INDIA
FAX: 91 11 301 7290
Email:pressecy@alpha.nic.in

Hon. Dr. M. Karunanidhi
Chief Minister
Tamil Nadu State
Secretariat
Chennai 600009
INDIA
FAX: 91 44 536 6929
EMAIL: <cmsec@sec.tn.nic.in>

CC COPIES TO

Justice J. S. Verma
Chairperson
National Human Rights Commission
Sardar Patel Bhavan
Sandas Marg
New Delhi 110 001
INDIA
Fax: 91 - 11 336 6537
Email: <nhrc_del@nicgw.nic.in>

***Please remember to send a copy to AHRC UA: <ua@ahrchk.org>

3) Updates

BURMA-MANDALAY MONKS SET DEADLINE FOR TALKS WITH CRPP

Here is an update to the last e-newsletter on the advice of the monks to the SPDC to initiate a dialogue with CRPP:

RANGOON -- A monks' chapter in Upper Burma has advised Burma's military rulers that monks throughout the country are prepared to move on a boycott scheduled to start on May 25. The grace period in which to begin talks will end on May 25.

The statement issued last week said monasteries all over Burma would serve as focal points for the boycott, and it invited the people to join with the religious orders to show their support for the dialogue call. It instructed the people to go to their nearest monastery with food and medicine and other necessaries on May 25. It is expected that the boycott  will be related to the daily offering of food to the monks, the traditional ceremony which bring them into regular contact with the community. The statement was signed by the Mandalay Central Committee of the Monks' Union. The monks chapter in the Liberated Area said it was prepared to offer full support to the Mandalay group in its call for dialogue with the CRPP and the boycott.

SRI LANKA  courtesy JRS

Fierce warfare in the Jaffna peninsula in northern Sri Lanka is causing  widespread displacement and deprivation. "The people in northern Sri Lanka are almost starving: food and medicine are not reaching them. The International Committee of the Red Cross (ICRC) has announced that it is unable to provide medical services due to restrictions in the quantity and items of drugs permitted into the war zones," sources said. In Jaffna, half a million people have been completely isolated as all supply routes to the town by land and sea have been cut off. Telecommunication links were also severed last month. Exact figures of people affected are not available as information coming from the war zones is censored.