DEADLINE EXTENDED to midnight tonight (28th March) for volunteering with Warisha/ Tarique
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campus law centre legal aid society
Mar 28, 2011, 2:49:32 AM3/28/11
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Hey all,
We got several requests from students who couldn't send us their preferances in time due to the short time limit and Moot Court and weekend and other stuff...
So, the deadline has been extended to TONIGHT. Please let us know at the earliest if you would like to work on the communal violence or Beggar's court projects.
Forwarding the notes and details once again...
---------- Forwarded message ----------
From: campus law centre legal aid society <clc.legal...@gmail.com>
Date: Fri, Mar 25, 2011 at 1:04 AM
Subject: Notes from the meeting with Warisha and Tarique: Opportunities to intern with them
From: campus law centre legal aid society <clc.legal...@gmail.com>
Date: Fri, Mar 25, 2011 at 1:04 AM
Subject: Notes from the meeting with Warisha and Tarique: Opportunities to intern with them
Hi all,
Hope everyone had a relaxing mid-term break.
Starting from where we left off before the break, here is the follow-up to
our meeting with Warish Farashat (Center for Equity Studies) and Mohd.
Tarique (Koshish, Tata Instt for Social Sciences) on March 15th.
1. If you missed the meeting, the notes below try to capture the main points
(thanks to Vicky Otto).Hope everyone had a relaxing mid-term break.
Starting from where we left off before the break, here is the follow-up to
our meeting with Warish Farashat (Center for Equity Studies) and Mohd.
Tarique (Koshish, Tata Instt for Social Sciences) on March 15th.
1. If you missed the meeting, the notes below try to capture the main points
2. If you wish to volunteer for any of the two projects below, DO LET US
KNOW, *LATEST BY MONDAY, **March 28th*. Send email to
clc.legal...@gmail.com or call Sumit at 9540964845.
Please note that the first project (on communal violence) will *start only
in June 2011*, while the second one (on beggary) is *ongoing*.
Nevertheless, we are asking you to sign up for both projects NOW, so that
the initial preliminary meetings of interested students with Warisha and
Tarique can take place now. Once again, both Tarique and Warisha are
flexible about student times--if you have concerns about when you would like
to start, how long you can commit for etc. -- it is best that you sort them
out in your first meeting with them.
Thanks.
============================================
MINUTES OF THE MEETING, 15th March 2011
*Warisha Farashat on Communal Violence*
- Warisha Farashat is with the *Centre for Equity Studies (CES)*,
an autonomous institution engaged in research and advocacy on issues of
social justice, headed by Harsh Mander.
- Warisha defined communal violence as violence against particular
communities, most often instigated by political groups or police. Talked of
two main examples in recent history:
o *Gujarat carnage 2002, Godhra Train Burning*:
§ A clear case of state complicity as state authorities didn’t react in
time to prevent preplanned attacks and acts of vengeance against Muslims
§ Allegedly 1700-2000 people got killed, mainly Muslims, in course of
several days; many recorded cases of sexual violence
§ Compounding the injustice to the victims was the fact that FIRs were
improperly registered, police often refused registration, conducted
defective collection of evidence etc. – complainants subject to arbitrary
power of state authorities, delay / hindrance in filing of cases; violations
of procedural provisions
§ *Recourse to Legal justice-- Nyayagraha*:
· Examples of successful litigation: Best Bakery Case, Bilkis Bano
case. The main reason why these cases resulted in convictions of the accused
was the untiring efforts put in by several NGOs . SC transferred some of
these cases from Gujarat to neighboring state Maharashtra—showing lack of
faith in the local judiciary to act in an independent manner.
· However, these cases were just the tip of the iceberg, and the
vast majority of the cases never got fully investigated or tried in courts.
· The police in Gujarat summarily closed over 2000 cases related to
post-Godhra carnage, without conducting due investigation and bringing the
perpetrators to trial. In response to a petition filed by Harsh Mander and
the Lawyer’s Collective, the Supreme Court, in a landmark judgment, ordered
the Gujarat government to reopen these 2000 cases and carry out full
investigations*.*
· *Nyayagraha,* a mass community-based legal aid campaign of Aman
Biradari, was launched to oversee these reopened cases, and provide legal
assistance to the victims of the carnage in their fight for justice. Check
out the website of Nyayagrah here:
http://www.amanbiradari.org/nyayagrah.html and here is an interview with
Harsh Mander at the Ash Center for Democratic Governance and Innovation
Harvard University where he explains more about it:
http://www.innovations.harvard.edu/cache/documents/905/90511.pdf
o *1984-Anti-Sikh-Riots in Delhi*
§ 4000 Sikhs killed in Delhi alone by rioting Congress supporters in
response to the murder of Indira Gandhi
§ Extensive documentation exists to show that police and politicians were
complicit and instigated mob violence
§ Many Human Rights reports document the abuses of state authority by the
police and politicians and are of the view that even after this delay, the
Indian govt. is still to prosecute and convict those liable
- *Nyayagraha (Center for Equity Studies) Projects in Delhi—Where
Law Students can Intern*
o A similar legal aid intervention for the anti-Sikh riot victims, as was
done by Nyayagraha for Gujarat riot victims
o There 2 Sikh resettlement colonies in Delhi (for victims and survivors
of 1984 riots):
§ Tilak Vihar, where members of middle class live – due to better financial
situation, social and economical re-adaption was possible
§ Tilak Nagar, inhabited by people belonging to working class; because of
lack of male family members and great number of female widows, family
structures have changed, more matriarchal system; economical situation very
weak
o The main aims of the project at this time are:
§ Documentation: so-called “legal post mortem”: how did law provide for
conviction of responsible aggressors and for compensation to survivors and
victims? Is intervention on the behalf of many victims possible at this
time? Were some cases unfairly closed/terminated? Can these be reopened?
§ Legal aid for parties to ongoing cases
§ Social support (regarding education, opportunities for employment etc)
o Project will involve sustained engagement with the victim families to
bring about improvement and to support them in the long run
o Legal training: Interns will learn to deal with the entire gamut of
legal paperwork, from filing an FIR to surveillance of proceedings
THIS PROJECT WILL ONLY BEGIN IN JUNE 2011. Warisha will meet with
interested students in the next month, but the project will only begin after
the exams for this semester are over.
*Mohammed Tarique on the Beggary and Destitution*
- Tarique is with Koshish, a field action project of the Tata
Institute of Social Sciences, Mumbai, and is currently working on issues of
homelessness and destitution in Delhi.
- The key features of the Bombay Prevention of Beggary Act, 1959
(In force in Delhi and 20 other states)
o criminalizes not only begging but any kind of street trade like selling
of goods, performing of arts
o 1-10 years of imprisonment
o If a person is without visible means of sustenance other than street
trade, suspect will automatically be deemed a beggar; will be arrested along
with their dependants (families)
o no distinction in law between people who don’t want to work and people
who are too needy to / incapable of work
o mobile begging courts set up to hastily get rid of beggars; magistrates
on spot who send arrested to jail, without any proper trial with lawyers or
legal representation of the accused – 40 to 50 people arrested every day
o ends up criminalizing mentally challenged people, urban homeless, older
people on the streets etc.
- *Koshish project in Delhi*—*where law students can intern*:
o Working on individual cases of people picked up from the street by the
police:
§ Will involve preparing a Social Investigation Report (assessing what
procedures taken by state authorities was like by talking to arrested),
which shall be submitted to court
§ Often, no / insufficient inquiries as to circumstances of case, means of
sustenance of accused etc. are carried out (to serve purpose of clearing
streets of undesired sidewalk-dwellers).
§ Mostly “beggars” have no lawyers. Courts have given the permission to
Tarique and such advocates to represent them in Beggar courts. Law students
can do the representation in these cases
o Public Interet Litigations have been filed before Delhi HC
§ Students can help out in those
o Drafting cases and identifying cases where appeals can be filed
o Carrying out training sessions for street workers, officials of
judiciary and jail employees
This project is ONGOING. Students can sign up for this now, and work out
with Tarique when they are able to join him.
KNOW, *LATEST BY MONDAY, **March 28th*. Send email to
clc.legal...@gmail.com or call Sumit at 9540964845.
Please note that the first project (on communal violence) will *start only
in June 2011*, while the second one (on beggary) is *ongoing*.
Nevertheless, we are asking you to sign up for both projects NOW, so that
the initial preliminary meetings of interested students with Warisha and
Tarique can take place now. Once again, both Tarique and Warisha are
flexible about student times--if you have concerns about when you would like
to start, how long you can commit for etc. -- it is best that you sort them
out in your first meeting with them.
Thanks.
============================================
MINUTES OF THE MEETING, 15th March 2011
*Warisha Farashat on Communal Violence*
- Warisha Farashat is with the *Centre for Equity Studies (CES)*,
an autonomous institution engaged in research and advocacy on issues of
social justice, headed by Harsh Mander.
- Warisha defined communal violence as violence against particular
communities, most often instigated by political groups or police. Talked of
two main examples in recent history:
o *Gujarat carnage 2002, Godhra Train Burning*:
§ A clear case of state complicity as state authorities didn’t react in
time to prevent preplanned attacks and acts of vengeance against Muslims
§ Allegedly 1700-2000 people got killed, mainly Muslims, in course of
several days; many recorded cases of sexual violence
§ Compounding the injustice to the victims was the fact that FIRs were
improperly registered, police often refused registration, conducted
defective collection of evidence etc. – complainants subject to arbitrary
power of state authorities, delay / hindrance in filing of cases; violations
of procedural provisions
§ *Recourse to Legal justice-- Nyayagraha*:
· Examples of successful litigation: Best Bakery Case, Bilkis Bano
case. The main reason why these cases resulted in convictions of the accused
was the untiring efforts put in by several NGOs . SC transferred some of
these cases from Gujarat to neighboring state Maharashtra—showing lack of
faith in the local judiciary to act in an independent manner.
· However, these cases were just the tip of the iceberg, and the
vast majority of the cases never got fully investigated or tried in courts.
· The police in Gujarat summarily closed over 2000 cases related to
post-Godhra carnage, without conducting due investigation and bringing the
perpetrators to trial. In response to a petition filed by Harsh Mander and
the Lawyer’s Collective, the Supreme Court, in a landmark judgment, ordered
the Gujarat government to reopen these 2000 cases and carry out full
investigations*.*
· *Nyayagraha,* a mass community-based legal aid campaign of Aman
Biradari, was launched to oversee these reopened cases, and provide legal
assistance to the victims of the carnage in their fight for justice. Check
out the website of Nyayagrah here:
http://www.amanbiradari.org/nyayagrah.html and here is an interview with
Harsh Mander at the Ash Center for Democratic Governance and Innovation
Harvard University where he explains more about it:
http://www.innovations.harvard.edu/cache/documents/905/90511.pdf
o *1984-Anti-Sikh-Riots in Delhi*
§ 4000 Sikhs killed in Delhi alone by rioting Congress supporters in
response to the murder of Indira Gandhi
§ Extensive documentation exists to show that police and politicians were
complicit and instigated mob violence
§ Many Human Rights reports document the abuses of state authority by the
police and politicians and are of the view that even after this delay, the
Indian govt. is still to prosecute and convict those liable
- *Nyayagraha (Center for Equity Studies) Projects in Delhi—Where
Law Students can Intern*
o A similar legal aid intervention for the anti-Sikh riot victims, as was
done by Nyayagraha for Gujarat riot victims
o There 2 Sikh resettlement colonies in Delhi (for victims and survivors
of 1984 riots):
§ Tilak Vihar, where members of middle class live – due to better financial
situation, social and economical re-adaption was possible
§ Tilak Nagar, inhabited by people belonging to working class; because of
lack of male family members and great number of female widows, family
structures have changed, more matriarchal system; economical situation very
weak
o The main aims of the project at this time are:
§ Documentation: so-called “legal post mortem”: how did law provide for
conviction of responsible aggressors and for compensation to survivors and
victims? Is intervention on the behalf of many victims possible at this
time? Were some cases unfairly closed/terminated? Can these be reopened?
§ Legal aid for parties to ongoing cases
§ Social support (regarding education, opportunities for employment etc)
o Project will involve sustained engagement with the victim families to
bring about improvement and to support them in the long run
o Legal training: Interns will learn to deal with the entire gamut of
legal paperwork, from filing an FIR to surveillance of proceedings
THIS PROJECT WILL ONLY BEGIN IN JUNE 2011. Warisha will meet with
interested students in the next month, but the project will only begin after
the exams for this semester are over.
*Mohammed Tarique on the Beggary and Destitution*
- Tarique is with Koshish, a field action project of the Tata
Institute of Social Sciences, Mumbai, and is currently working on issues of
homelessness and destitution in Delhi.
- The key features of the Bombay Prevention of Beggary Act, 1959
(In force in Delhi and 20 other states)
o criminalizes not only begging but any kind of street trade like selling
of goods, performing of arts
o 1-10 years of imprisonment
o If a person is without visible means of sustenance other than street
trade, suspect will automatically be deemed a beggar; will be arrested along
with their dependants (families)
o no distinction in law between people who don’t want to work and people
who are too needy to / incapable of work
o mobile begging courts set up to hastily get rid of beggars; magistrates
on spot who send arrested to jail, without any proper trial with lawyers or
legal representation of the accused – 40 to 50 people arrested every day
o ends up criminalizing mentally challenged people, urban homeless, older
people on the streets etc.
- *Koshish project in Delhi*—*where law students can intern*:
o Working on individual cases of people picked up from the street by the
police:
§ Will involve preparing a Social Investigation Report (assessing what
procedures taken by state authorities was like by talking to arrested),
which shall be submitted to court
§ Often, no / insufficient inquiries as to circumstances of case, means of
sustenance of accused etc. are carried out (to serve purpose of clearing
streets of undesired sidewalk-dwellers).
§ Mostly “beggars” have no lawyers. Courts have given the permission to
Tarique and such advocates to represent them in Beggar courts. Law students
can do the representation in these cases
o Public Interet Litigations have been filed before Delhi HC
§ Students can help out in those
o Drafting cases and identifying cases where appeals can be filed
o Carrying out training sessions for street workers, officials of
judiciary and jail employees
This project is ONGOING. Students can sign up for this now, and work out
with Tarique when they are able to join him.
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