Republic Day of India, 2013
Calls for investigation and punishment of police officials Garg and Kalluri and withdrawal of their presidential medals
On January 26th, 2013, India celebrates its 64th Republic Day. The anniversary of the Indian Constitution’s adoption is always a time for not just celebration, but for reflection; a time to take stock of how far the nation has come in securing, for all its citizens, justice, liberty and equality as enshrined in the Constitution.
Over the last month, the rape and subsequent death of a young woman in Delhi – a particularly brutal incident, yet only one in an endless series of similar crimes that are reported, month after month, if they are reported at all – triggered international shock and outrage. The incident served as a stark reminder that, decades after the adoption of the Constitution, the liberty to live our lives without fear remains unsecured. For women in many communities across the country, especially those on the economic and social margins, such as dalits and adivasis, this insecurity permeates the fabric of day to day life – sexual assault, violence, imprisonment and threats thereof are commonplace. In any discussion of the questions that the gang-rape in Delhi raises, it is to these women and to these communities that we must look: the truest measure of a society lies in how it treats those who have the least power. None of us is safer or freer than the most vulnerable among us.
In the last few weeks, there has been much discussion on how to make sure that survivors of rape and violence receive justice consistently and rapidly. It is worth remembering, as these discussions take place, the spectacular failure of our judiciary and democratic processes in delivering justice to Soni Sori, the adivasi school teacher and mother of three from Chhattisgarh who has been incarcerated since October 2011 . A year ago this January 26th, India awarded the Police Medal for Gallantry to an officer, SP Ankit Garg, despite compelling medical evidence that Sori was tortured and sexually assaulted while under his custody .
This is not an isolated case, but part of a pattern of such incidents. In a bizarre repetition of last year’s act of rewarding-the-perpetrator, the Government of India has decided to confer the President’s Police Medal for Meritorious Service this Republic Day, January 26th 2013, to Inspector General of Police S.R.P. Kalluri, who has well-documented rape accusations against him in Chhattisgarh [3, 4].
Sori’s petition in the Supreme Court as well as the cases in which Sori has been falsely charged have been subject to repeated delays. In the interim, neither the elected Government, nor independent bodies such as the National Human Rights Commission (NHRC) and the National Commission for Women (NCW), have instituted serious investigations into the indications that Sori was tortured- her fingers seem to have been blackened from electric shocks and doctors recovered stones that had been thrust into her vagina and rectum. Indeed, the NCW revealed last October that it had closed its inquiry into the case, and has remained silent since, apart from making an anodyne recommendation of providing psychological counseling to Sori . Although, on January 8th 2013, the Supreme Court granted Sori’s plea to be shifted to Jagdalpur jail, to be closer to her family , she remains in the custody of those who stand accused of torturing her.
Sori has spoken to a legal team of the humiliation and violence that she and other women prisoners are routinely subjected to. Besides this, jails in Chhattisgarh have an occupancy rate of around 256%, with 13,918 individuals incarcerated in space built to accommodate 5,430. The all-India rate is 110% . Between 2001-2010, an average of four individuals died each day in police custody .
What makes these statistics all the more disturbing is that a majority of those imprisoned are under-trials such as Sori, who have not been convicted of any crime. The prolonged detention of these individuals – often for years altogether, as their cases move sluggishly through the judicial system amounts to an unconstitutional deprivation of the liberty of lawfully innocent citizens.
Indeed, the state increasingly uses the process of trial as a punishment in itself, as in the case of Kartam Joga, a man who, for years, tirelessly sought accountability for human rights violations by state forces in Chhattisgarh. On January 7th, 2013, a trial court acquitted Joga of all of a panoply of fabricated charges ; an innocent man thus spent the past two and a half years of his life in jail. Lingaram Kodopi (Sori’s nephew), a 25-year old journalist who worked to document abuses by security forces, remains imprisoned, awaiting trial, even as local police officers have been recorded admitting that the charges against him are fabricated . Kodopi has also suffered custodial violence . Numerous others have been thus imprisoned on the weakest of grounds seemingly as punishment for criticising the state’s actions or for otherwise challenging local authorities. Although we welcome the release of Kartam Joga and others who have been put through similar ordeals, the state must cease its intimidation and harassment of those who seek to hold it accountable to its own people.
In the 2G spectrum case, the Supreme Court recently commented that “this court has time and again stated that bail is the rule and committal to jail an exception… The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty” . This is a sound and practical principle; we ask that it be invoked not only in the trials of the influential but also in the trials of the weak and marginalized.
If we are to continue to place our trust in the rights that the Constitution upholds and seeks to guarantee every citizen in India, if we are to address the deep-rooted issue of violence against women, then we must be able to ensure liberty and justice to those who are the most vulnerable in our societies. To that end, we demand:
Ensure a speedy, free and fair trials for Soni Sori and Lingaram Kodopi.
Conduct an independent and impartial investigation of incidents of sexual violence against women, including Soni Sori, committed by the police and other security forces; prosecute the responsible officers and impose exemplary punishment on those found guilty. Withdraw the Presidential Gallantry Awards given to Police Superintendent Ankit Garg and Inspector General of Police S.R.P. Kalluri.
Grant unconditional bail to undertrials from socially and economically marginalised communites, languishing in jails in Chhattisgarh and across India.
Ensure that all cases, particularly those against individuals from marginalised communities, are disposed of in a timely manner so that the process of securing justice is not a punishment in itself.
Constitute a grievance redressal mechanism for individuals who have been wrongly detained or subject to custodial violence.
International Alliance for the Defence of Human Rights in India (IADHRI)
 Tehelka: ‘The Inconvenient Truth Of Soni Sori’
 The Hindu: ‘Soni Sori case: HRW wants PM to order impartial probe on torture’
 Statement of protest and demand for withdrawal of Meritorious Service award to S.R.P. Kalluri
 Ledha Bai’s Statement Against S.R.P. Kalluri
Tehelka: ‘NCW first shuts, then reopens Soni Sori’s case’
 Press Trust of India: ‘SC allows Soni Sori to be shifted to Jagdalpur Central Jail’
National Crime Records Bureau: http://ncrb.nic.in/PSI-2011/TABLE-2.1.pdf
Tehelka: ‘Four custodial deaths daily over the last decade’
Amnesty International: ‘India frees prisoner of conscience Kartam Joga’
 Committee to Protect Journalists: ‘In India, imprisoned journalist’s plea for help’
 The Hindu: ‘‘Respect principle that punishment begins after conviction’’
An open letter from IADHRI to the Prime Minister, Home Minister, Chhattisgarh CM and other officials. The letter has already been endorsed by individuals listed below. If you would like to endorse, as either an individual or an organisation, please send email to: firstname.lastname@example.org. [Press Release, 29th April, 2012]
We, the undersigned, are deeply concerned by the rapidly worsening health of Soni Sori in Raipur Central Jail. She has been passing blood with her urine, is having difficulty to sit or get up, and has lost considerable weight. Despite doctors from NRS Medical Hospital having confirmed that stones had been inserted into her vagina and rectum, Soni Sori has received no proper medical attention.We fear for Soni’s life and are outraged and ashamed at this inhuman treatment of a woman in India.
Soni Sori, 35, is an adivasi school teacher from Dantewada who was arrested in New Delhi on Oct 4 2011. Six months have passed since Soni was tortured physically and sexually but neither the state nor the central government has investigated the abuse. Her case has been repeatedly listed up in the Supreme Court but has been postponed every time. Throughout the duration of Soni Sori’s imprisonment, the state has also tried to stifle her communications with the civil society. In January this year, a team from various women’s groups across the country went to Raipur Jail to meet Soni, but they were prevented from doing so by the administration.
The brutal treatment meted out to Soni Sori, and the prevailing situation of conflict and repression in Chhattisgarh, cause us grave concern about Soni in particular, and the situation of women prisoners, in general. We demand immediate access for fact-finding groups to meet with Soni Sori and others to assess their condition in jail, particularly their medical situation. We fear that Soni Sori’s condition is rapidly deteriorating, and demand that she receive immediate medical attention.
In a global show of solidarity marking the International Women’s Day, concerned citizens from around the world today released this video documentary based on letters written by imprisoned adivasi school teacher Soni Sori, currently held in the Central Jail in Raipur, Chhattisgarh.
View and sign the petition here.
Marking the Republic Day of India and the anniversary of the martyrdom of Mahatma Gandhi, concerned citizens and friends of India organized public protests in San Francisco, Boston/Cambridge and other cities in the United States. A statement distributed at these events observed:
Every year on the 26th of January, we celebrate the Constitution of India . Every 30th of January, we remember the martyrdom of Mahatma Gandhi, who led India to freedom. However, for the vast majority of the people of India, even the most basic of the rights guaranteed by the Constitution – the right to life and personal liberty and due legal process if these rights are to be abridged – remain unrealized promises. And the ideals of the independence struggle, as articulated by Gandhi, stand indelibly tarnished.
The complete statement is available here.
Videos of the scenes from two of the protest sites are below:
Palace of Fine Arts, San Francisco, CA:
Harvard Square, Cambridge, MA:
Nov 16, 2011: We, the International Alliance for the Defense of Human Rights in India (IADHRI), strongly condemn the wrongful arrest of and the subsequent torture of Soni Sori, an adivasi (indigenous) school teacher from Dantewada, Chattisgarh. On October 20th, 2011, the Supreme Court of India ordered the government of Chhattisgarh to send Sori to a hospital in Kolkata in the neighboring state of West Bengal for independent medical examination, after credible reports surfaced of her torture and mistreatment by the Chhattisgarh police . The medical examination reports sent by the hospital did not reach the Court by Nov 15th as ordered. The Court has again ordered the reports to be sent by the 17th. Sori has been sent back to a prison in Chhattisgarh where there is grave danger of continued torture and a threat to her life.
The complete statement is available here.
On October 20, 2011, the Supreme Court of India directed the State of Chhattisgarh to get Soni Sori examined by the doctors at the NRS Medical College and Hospital, Kolkata. After weighing the evidence and oral arguments from both sides, it observed:
6. Having considered the submissions made on behalf of the respective parties and also according to the medical status of the Petitioner indicated in the Affidavit filed ..., the injuries sustained by the Petitioner No.1 do not prima facie appear to be as simple as has been made out to be by the Chhattisgarh police.
The complete order is available here.
Soni Sori was handed over to the Dantewada police on Saturday, October 8, 2011. The following Monday, she could not be produced before a magistrate by the police as they were required to. The following video shows her writhing in pain in the District Hospital Dantewada where she was taken for a medical examination that afternoon.