Monthly Archives: May, 2012

Why is Linga Kodopi in Jail?

 

 

Press Release: Women’s Delegation Meets President Pratibha Patil on Custodial Sexual Torture of Soni Sori

A delegation of women comprising of, Brinda Karat (M.P.), Annie Raja (NFIW), Uma Chakravarty, Vrinda Grover and Indira C, met with President Pratibha Patil today (14th May), and handed over a memorandum, detailing the gross violation of the human rights of tribal teacher, Soni Sori. The memorandum was also signed by Aruna Roy (MKSS), Kavita Srivastava (PUCL) and Vani S. on behalf of Saheli.

The delegation drew the attention of the President to the brutal custodial sexual torture inflicted on Soni Sori by the Chhattisgarh police and the medical report of Kolkata Hospital which had confirmed the same. The President expressed surprise when she heard that S.P. Ankit Garg, under whose direction the custodial sexual violence was alleged to have been inflicted, had received the President’s Gallantry award. The delegation suggested that an independent enquiry be initiated into the gallantry award given to S.P. Ankit Garg. The delegation also expressed apprehension that many other tribal women prisoners in Chhattisgarh jails had suffered similar violations.

The President heard the delegation attentively and assured them that she would write to the concerned governments and authorities.

The Memorandum submitted by the delegation is available here.

Soni Sori admitted to AIIMS

Finally, Soni has been admitted in AIIMS -with two women cops and one male cop on duty at her room.

Her lawyer, Colin went to see her. He says she seems weak and anemic, and is complaining of burning and pain in her stomach, burning and blisters in her genital area, and complained that the Hospital in Raipur didn’t treat her properly as per the recommendations of the NRS Hospital Kolkata.

We hope that AIIMS will examine and diagnose her with due diligence and treat her accordingly.
It is long overdue for Soni to get good medical care. Next step justice. 
Besides that, things that have happened are:

  • Dr T N Seema, CPI (M), Member of Parliament (Rajya Sabha) raised the question in Parliament on what basis the admission was rejected at AIIMS, in whose custody Soni has been, why there has been no enquiry into her allegations and instead a gallantry award given to the SP Ankit Garg, etc today. Tribal Affairs Minister Kishore Chandra Deo has said he will look into the matter. So its a good piece of action.
  • It is also clear that she was kept in police custody last night – THOUGH she should have been kept in judicial custody
  • A letter was sent to the Home Minister seeking an explanation, and demanding that she be brought immediately to the hospital and admitted, as per the SC orders.
  • Delegations have met the NCW and NHRC seeking that they at least take her statement – since they have done nothing else so far. But they are hiding behind the excuse that the matter is sub-judice. NHRC said they will discuss and decide whether they can do so.  NCW has said they will see what interventions are now possible within their remit. We will follow both up.

Meanwhile, see The Hindu. http://www.thehindu.com/todays-paper/article3403013.ece

Also, the PTI news piece (warning: it calls her a naxal sympathiser!): http://www.business-standard.com/generalnews/news/aiims-refusal-to-admit-naxal-sympathiser-to-be-probed-govt/6790/

– from concerned citizens

Urgent Alert on Soni Sori

Soni Sori was taken in the early hours of 9th May from Raipur Central Jail to be brought to AIIMS, following the SC orders of 2nd May. However, she was not admitted there and as of late night of 9th, there was no information about her whereabouts!

Hospital authorities have cited various reasons for not admitting her: that their medical review board had not yet been constituted, that she was produced at AIIMS after 4.00 PM and therefore could not be admitted, etc. None of these are convincing because the Supreme Court order clearly states Soni Sori should be admitted, evaluated by the review board and treated as required at AIIMS itself, and all necessary arrangements for her stay be made.
Of course, concerns for Soni’s safety and well-being run very deep, because of the horrific experiences she has had with the Chattisgarh Police.

The government should ensure that Soni is brought to AIIMS immediately and the authorities at AIIMS should admit her. The authorities need to demonstrate firmly that they respect, and will abide by, the order of the Supreme Court without any further delay.

AIDWA, SAHELI, WSS (on behalf of the campaign group in delhi)

IADHRI Cautiously Welcomes Supreme Court Order To Bring Soni Sori to AIIMS for Independent Medical Treatment

May 8, 2012

Contact: iadhri.org@gmail.com

The Supreme Court of India on May 2nd, 2012, ordered the government of Chhattisgarh to bring Soni Sori to the All India Institute of Medical Sciences (AIIMS) in New Delhi for immediate and independent medical evaluation and treatment. The order came after a special hearing following reports of serious problems with Soni Sori’s health and complaints of denial of treatment by Chhattisgarh jail authorities. The International Alliance for the Defence of Human Rights in India (IADHRI) welcomes the Supreme Court order, but with serious reservations.

Prior to the Supreme Court hearing, IADHRI had submitted to the Prime Minister and other senior officials an open letter endorsed by more than 200 individuals, including Aruna Roy, Jean Dreze, Prof. Noam Chomsky and several other activists and other concerned individuals from around the world#. We have been distressed and extremely concerned about the unethical behaviour of doctors at the Raipur hospital, who have not taken her medical complaints seriously. The Supreme Court order validates our demand that Soni Sori should be given immediate access to health care outside of Raipur.

While we are hopeful that Soni Sori may finally receive at AIIMS the medical treatment that she has long needed, we also have several concerns:

  1. Sori is going to be under the control of the Chhattisgarh police while undergoing evaluation and treatment at AIIMS. It is this same police who subjected her to severe torture and sexual abuse. As the Supreme Court observed in its order, the investigating authorities have not satisfactorily explained the discovery of stones lodged inside Sori’s private parts. And there has been no investigation until now to hold the responsible officials accountable. Therefore, in the same spirit in which the Supreme Court ordered independent medical examination and treatment for Soni Sori, it should also have entrusted her to the independent custody of the Delhi police.

    We are also concerned because the Chhattisgarh police has a history of willful violations of Supreme Court orders. Of particular relevance here is the case of another adivasi woman, Sodi Sambho, who was a witness to a massacre committed by security forces on October 1, 2009, in the village of Gompad in Chhattisgarh. In January 2010, while she was en route to seek medical treatment at St. Stephen’s Hospital in Delhi for a bullet wound she had suffered during the massacre, Sodi was seized by the Chhattisgarh police and forcibly brought to AIIMS. This was in clear contravention of a Supreme Court order of January 7, 2010, which explicitly directed the police not to interfere with Sodi Sambho in any manner. The AIIMS security staff, in collusion with the Chhattisgarh police, prevented concerned citizens and those who had accompanied her from meeting with Sodi at AIIMS. Sodi’s current whereabouts are unknown. A writ petition regarding the massacre Sodi witnessed is still pending before the Supreme Court.

  2. Soni Sori has undergone severe physical and psychological trauma resulting from torture and its aftermath, which was further aggravated by the hostility, ridicule and indifference she has encountered from the jail and medical personnel in Chhattisgarh. We ask that the Board of Doctors constituted by the Supreme Court evaluate both physical and psychological aspects of her condition and provide appropriate treatment and counseling.

  3. The Supreme Court order makes clear that Sori’s advocate Colin Gonsalves will be entitled to visit her in AIIMS to ensure that the order is properly carried out. We are concerned that the Chhattisgarh government would interpret this restrictively and prevent others from meeting Sori while she is undergoing treatment at AIIMS.

    1. Sori is the mother of three young children. These children and their guardians should be allowed to see her in the hospital.

    2. As is well-known, Sori has been falsely implicated in several criminal cases. All her lawyers should be entitled to meet her while she is at AIIMS.

    3. Even convicted prisoners are allowed to have visitors. Undertrial prisoners like Sori have even more rights. They are allowed to receive a reasonable number of visitors including family, friends, advocates and their juniors,. It would be an unreasonable restriction on Sori and an arbitrary punishment that she receive no visitors at AIIMS other than two named advocates, one of whom represents the state.

    4. N. Baijendra Kumar, Principal Secretary to the Chief Minister of Chhattisgarh, had assured a women’s group in New Delhi last October of Sori’s safety and invited the group to visit her in the Raipur jail. However, a delegation sent by the group in January was turned away by the Raipur jail authorities. Considering the nature of abuse and her continuing custody with the accused police force, it is essential that representatives of concerned women’s groups be able to visit Sori at AIIMS to ensure that she is not subjected to further torture or harassment.

Bearing these concerns in mind, we call upon the government of Chhattisgarh to carry out the Supreme Court order in letter and spirit immediately and faithfully this time.

We also call upon the administration and the medical staff of AIIMS to follow the Supreme Court order and to remember their legal and ethical obligations. While examining and treating Soni Sori, AIIMS personnel, including the medical doctors, must bear in mind that:

  • Standards of medical ethics  and the law require that AIIMS personnel provide the same high quality care to Sori that they would provide to any other patient.

  • The medical doctors must examine both her physical and her psychological health and provide the required treatment remembering that she is a victim of torture and abuse.

  • Torture is unconstitutional and illegal under Indian and international law. Assisting torture in any way, including in its cover-up, is also an offense under these laws. It would also be completely unethical since medical professionals are duty-bound to alleviate the suffering and pain of their patients.

  • They should make sure that the Chhattisgarh police do not further harass or torture Soni Sori, physically or mentally, while she is in the hospital.

Soni Sori vs. Chhattisgarh: Supreme Court Order – 2nd May 2012

(Downloaded from http://www.courtnic.nic.in/courtnicsc.asp)

WP (Crl.) 206/2011
                                                                          1

ITEM NO.1                       COURT NO.2            SECTION X

               S U P R E M E       C O U R T   O F    I N D I A
                                RECORD OF PROCEEDINGS

                      CRL.M.P. NOS.1104, 4981 and 8976 OF 2012
                                          IN
                         WRIT PETITION (CRL.) NO.206 OF 2011

SONI SORI & ANR                                           Petitioner(s)

                       VERSUS

STATE OF CHHATISGARH                                      Respondent(s)

(With appln(s) for directions)

Date: 02/05/2012        This Petition was called on for hearing today.

CORAM :
                     HON'BLE MR. JUSTICE ALTAMAS KABIR
                     HON'BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s)          Mr. Colin Gonsalves, Sr. Adv.
                           Ms. Amiy Shukla, Adv.
                           Ms. Jyoti Mendiratta, AOR

For Respondent(s)          Mr. Atul Jha, Adv.
                           Mr. Sandeep Jha, Adv.
                           Mr. Dharmendra Kumar Sinha, AOR

              UPON hearing counsel the Court made the following
                                  O R D E R

               This writ petition has been filed by one Ms. Soni
      Sori and another, complaining of brutality in custody and,
      inter alia, praying for a Special Investigating Team to be
      constituted for investigating the complaints made by her.
WP (Crl.) 206/2011
                                                                                                  2
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Supreme Court directs Chhattisgarh government to bring Soni Sori to AIIMS for treatment

On 2nd May a bench of Supreme Court judges, Justices Altamas Kabir and Jasti Chalameshwar, directed the Chhattisgarh state to produce the Adivasi teacher, Soni Sori, in the All India Institute of Medical Sciences within one week. Reacting to descriptions of her continuing severe medical health problems in letters received from Soni Sori in Raipur jail and from her advocate who had met with her, the Supreme Court expressed deep concern about Soni Sori’s medical condition and recommended that she be brought to AIIMS at the earliest for a thorough medical examination and full treatment. The Director of AIIMS has also been directed to constitute a Medical Board comprising of Heads of Gynecology, Endocrinology and other departments who would examine Ms. Sori and treat her, and give their opinion on her condition to the Supreme Court by July 10th.

Ms. Soni Sori is the Superintendent of Jabeli ashram for tribal children in Dantewada. She had been arrested in Delhi on Oct 4 2011 for being a suspected Maoist sympathizer. Having faced police harassment for over a year while functioning in her government-appointed post, she was in Delhi at that time to file a complaint against the Chhattisgarh police and expose them in the media. Fearing torture at the hands of Chhattisgarh police after her arrest, she had appealed to the Delhi High Court to keep her in custody in Delhi and not send her to Chhattisgarh, but her plea was rejected. Subsequently, she was brutally tortured by the Chhattisgarh police while she was in their custody from 8-10 October 2011; torture that has since been corroborated by an independent medical examination conducted by NRS Hospital and Medical College in Kolkata.

The Supreme Court today made mention of the brutalization of Ms. Sori that was confirmed by the Kolkata Hospital which recovered three stones inserted deep inside the private parts of Ms. Soni, during the torture she was subjected to in her custodial interrogation. The Kolkata hospital had recommended that she be brought back for further treatment and examination at the end of 15 days — but more than six months have passed since her examination in Kolkata in October 2011 and not only has she not been taken back for treatment, even the medicines prescribed by the Kolkata doctors are not being given to her. The letters read out in court today described her worsening medical condition where she complains of intermittent bleeding, anemia, vaginal discharges, prolapsed uterus, difficulty in standing and walking, variably high blood pressure, numbness in limbs etc. In these letters, it was also described how the Chhattisgarh jail authorities are withholding Ms. Soni’s treatment despite court orders, and how Ms. Sori has to suffer their taunts for simply requesting medical treatment.

Taking note of all these, the Supreme Court expressed the need for urgent medical examination and treatment of Ms. Soni Sori. Even though the counsel for state of Chhattisgarh pressed that her treatment should be in a Raipur hospital, the Court categorically stated that it can only be done in an independent institution. Since the counsel for Chhattisgarh state expressed reservations about treatment at NRS Hospital in Kolkata, the court directed that Ms. Sori should be immediately brought and examined at AIIMS.

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