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A historic event has taken place in the Supreme Court of India. There will be no independent probe into Judge Brijgopal Harkishan Loya’s death. This is one of the first judgments to come at a time when the Indian Judiciary stands embattled in a manner not seen since Independence. Those quick to point out the Emergency, may do well to reflect, that while Emergency kept our democracy locked and at bay to pander to an autocratic leader, now and here, as we live and speak, work or laze, fight or make love, a dark cloud looms by which democracy and the rule of law are being artfully and systematically subverted. In hindsight, Emergency appears as a blip and our judiciary came out the stronger of it. It rose to the occasion and reclaimed its independence as well as integrity.

This spirit, which the Indian Judiciary showed at what was then the nadir of the Indian democratic experiment in the mid-seventies, is almost dead. This period is historic, not least for the other significant judgments that are being awaited, or for the unprecedented press meeting called by the Supreme Court’s senior-most judges, but for the very foundations that made our country possible in the first place. We are being uprooted like an old banyan tree might be, but we are by and large comatose, and don’t even feel the tremors. Such is the adversity of our collective situation.

Judge Loya died in 2014 but for some time he stood resurrected. Caravan’s reporter Niranjan Takle is an ordinary person, much like you and me, but what he did was extraordinary. For a moment it seemed that God spoke through him, that God could well be a regular reporter, who must resurrect the dead, especially when it seemed that they had not been properly buried.

Amongst its several rebuttals to the petitioners’ arguments, the bench constituted by the Chief Justice of India to decide the matter, is very keen on reprimanding the petitioners for their lack of bonafides and contempt of court. The bench then negates the evidence relied on by the petitioners. But this was not a criminal trial. The writ petitions only sought an independent probe into a critical case that was in fact mocking the very institution of our judiciary.

Judge Loya was a CBI judge entrusted with overseeing the Soharabbudin Sheikh fake encounter case in which the BJP President Amit Shah was an accused. Any reasonable person going by the murky and sordid history of the case, and what followed thereafter, and as it stands to tragically unfold even now, would assume that there is a rat, and it is stinking as hell. Post the furor over the Caravan article the Supreme Court should have in fact taken suo motu cognisance of the case.

One of the time honoured maxims of the law is that justice should not only be done, but must be seen to be done.

The Supreme Court’s rebuttals have already been politically hijacked and can be dissected as well as Mr. Jaitley has sought to do, but it would be more of Machiavellian legalese. Given the divisive and political overtones the case has assumed, with help in no little measure from social media, the polarisation is complete and evident, just as it is for anything now these days. More than polarisation there is fear. Read FEAR.

None of Judge Loya’s family came ahead when they should have, even if it were to simply negate Caravan’s report in open court. The bench too declined to call the family or the judges who said they were with Judge Loya at the time of his death. These being just a couple of inexplicable positions taken by the bench. There was more than enough prima facie material, which the petitioners had brought on record in support of their plea. To reiterate - an independent inquiry is all that they sought. Nobody was going to be hanged for that. One does not need to be a legal scholar or a hotshot lawyer to understand this, or for that matter, the absolute retreat and silence of Judge Loya’s family in the days when the petitions and interventions were being heard.

The bench has also upbraided the petitioners for undermining the judiciary by casting aspersions on those in the bench and on the other judges whose names came up as part of the hearing. Yet the petitions well within the domain of public knowledge fundamentally argued that if the plea for an independent probe is not granted, it would result in an erosion of faith in the judiciary and within it as well, and does not bode well for the lower judiciary.

The tables stand turned and how. The irony is incredible.

In another situation this might seem like a neat sleight of hand, altogether familiar when it comes to political expediency, but now it is simply scary. The Bar and Bench stand divided like never before and the line of division is glaring and aching. Certainly the atmosphere in the Supreme Court has turned noxious. All along, in spite of all the pressures, our judiciary has always shown that it will be the ultimate leveller and a custodian of our rights and dignity. That modicum of faith is fast disappearing.

Judge Loya, who might have been afforded the chance to speak to us through his grave, has been silenced yet again. The questions however will not cease. I often look at his file photos in the news and I always think of him first as a judge and later in any of his filial capacities. Was it not enough that he had sworn to serve the judiciary and through the institution, us, the people of India? His life was exemplary in that regard, and his conduct impeccable, especially when he was assigned to adjudicate the notorious Sohrabbudin case. Do we understand that in failing an upright judge, we have also failed the very institution that is key to our democracy and our constitutional values? It is perhaps the latter that bothers me more and I have a feeling that Judge Loya would have concurred.

There are hundreds of Judge Loyas in our country who have taken the fall in the line of duty when they became a nuisance to the ruling establishment of their time. Judge Loya is certainly not an exception, but his case is. Our judiciary, and we the people of India, were offered a rare opportunity to redeem ourselves had an independent probe been permitted.

We have let that moment pass to our peril.

We stand witness to a new phase of history that has been surely and steadily taking its course, not dissimilar to other previous twisted regimes in the world. In this withering landscape we are adrift and pensive, and for now, our heads must hang in shame.

This is a letter by Dr. Kafeel Khan, whose sole "crime" was trying to prevent deaths from deprivation of oxygen. He was arrested and has now spent 8 months in jail without bail for little reason more than the state needing a scapegoat for its own failures.

8MS, IN JAIL WITHOUT BAIL

AM I REALLY GUILTY?

I cherished each moment. Every scene is still alive like it is happening right now in front of my eyes, even after 8 months of unbearable torture, humiliation behind the bars. Sometime I asked myself am I really guilty? And the answer pop out from the core of my heart

No, no - A Big NO.

The moment I got that WhatsApp message on that 10th August 17 fateful night, I did everything a doctor, a father, a responsible CITIZEN OF INDIA would/should do. I tried to save each and every life who was in danger due to sudden stoppage of liquid oxygen. I did my level best to save those innocent kids who were dying because of lack of oxygen.

I frantically called everyone,
I begged, I talked, I ran,
I drove, I ordered, I yelled,
I screamed, I consoled, I counselled,
I spent, I borrowed, I cried
I did all what is humanly possible.

I called my Head of the Department, my colleagues, Principal BRD, Acting Principal BRD, DM GKP, AD Health GKP, CMS/SIC GKP, CMS/SIC BRD MC informed them about the grave situation arising due to sudden stoppage of liquid oxygen and how kids life are in danger due to lack of oxygen supply. [I have all the call records]

I begged gas suppliers MODI GAS, BALA JI, Imperial GAS, Mayur Gas Agency, All the hospitals around BRD medical college afterr arranging their contact No - for jumbo cylinders to save hundreds of life of innocent kids.

I paid them cash and assured them will pay rest on delivery. [We arranged 250 cylinders/day until liquid oxygen tank arrived. One jumbo cylinder cost 216/- Rs]

I ran from one Qubical to another, from ward 100 to ward 12 to Emergency Ward. From point of oxygen supply to point of delivery to make sure uninterrupted oxygen delivery.

I drove to get cylinder from nearby Hospitals in my car. When I realized that was not sufficient I drove to SSB and met its DIG and explained him the unprecedented situation. Their response was very quick and supporting. They arranged big truck and group of soldiers to carry supply cylinders from BRD to Gas Agency, filled it, brought to BRD and ran again to refill. They worked for continuous 48 hours.

Their spirit boost ours. I salute SSB and very thankful for their help.

JAI HIND

I spoke to my junior/senior doctors, I ordered my staff. Don't get panic, don't be disheartened, do not get angry with agitated parents, do not take brake - we had to work as a team to treat efficiently to save every life.

I consoled grieving parents who had lost their kids, I counselled those agitated parents who were getting angry after losing their kids. There was so much chaos. I explained to them liquid O2 is finished, but we are trying to make it with jumbo oxygen cylinders.

I yelled/screamed to everyone to focus on savings lives. I cried. Actually everyone in the team cried to see the havoc created by the Administrative failure to pay the dues to the liquid oxygen suppliers - resulting in such a grave situation.

We did not stop trying until liquid oxygen tank arrived around 1:30 am on 13-08-2017.

But my life turned upside down when CM Yogiji Maharaj arrived next morning on 13-08-17. He asked – so you are Dr Kafeel? You arranged cylinders?

I was like – yes sir.

He got angry – so you think by arranging cylinders, you became hero, I will see it.

Yogiji was angry because – how this incident came into the media. I swear to my Allah, I did not inform any media person that night. They were already there that night itself.

Then police started coming to our home – hounding, threatening, torturing my family. People warned they would kill me in an encounter. My family, my mother, my wife, my kids were so scared that I do not have words.

I surrendered to save my family from the humiliation, misery – thinking when I have not done anything wrong, I should get justice.

But numbers of days, weeks and months passed – August, 2017 to April, 2018. Holi came, Dussehra came, Christmas gone, New Year came, Diwali came – every date – Tareekh Par Tareekh (date after dates) hoping will get bail. Then we realised that judiciary is also working under pressure. (Even they acknowledged the same)

Sleeping on floor with more than 150 prisoners in a cramped barrack with millions of mosquito at night and thousands of flies in the day. Trying to swallow food to live, bath half naked in the field and sit in a toilet with broken door. Waiting for Sunday, Tuesday, Thursday to meet my family.

Life is hell, miserable not only for me but for my whole family. They had to run from one pillar to another – from police station to court, from Gorakhpur to Allahabad – in hope of justice. But all in vain.

My daughter whose first bithday I could not celebrate is now 1 year 7 months old. As a pediatrician, it is very painful, disheartening not to see his child to grow. As a pediatrician, I used to taught parents importance of milestones and myself do not know when my daughter started walking, speaking and running.

So now again that question haunts me – am I really guilty? No, no – NO.

I was on leave on 10th August 2017. (It was sanctioned by my HoD). Still, I rushed to do my duties – is that wrong?

They made me head of the department, vice chancellor of BRD, prabhari (in-charge) of 100-bed acute encephalitis syndrome (AEH) ward. I am a junior most doctor and joined only on 08-08-2016 as a permanent employee. I was working as nodal officer with NRHM and lecturer pediatrics. My whole work is to teach students, treat kids. I was nowhere involved with purchase/tender/order/maintenance/supply/payment of liquid oxygen/jumbo cylinders.

If Pushpa Sales (the official supplier) stopped liquid oxygen supply, how am I responsible for that? Even non medico could tell doctors’ work is to treat, not to buy oxygen.

The guilty are DM Gorakhpur, DGME (director general of medical education), principal secretary health education for not taking any action against 14 reminders sent by Pushpa Sales for its Rs 68 lakh dues.

It was a total administrative failure at higher level, they did not realise the gravity and just to save themselves, they made us scapegoat and put us behind the bars so that truth will remain inside Gorakhpur jail.

When Manish Bhandari (director of Pushpa Sales) got bail, we same same light that may be now we would also get justice and come out to live with my family and to serve again.

But No – we are still waiting.

Supreme Court says – bail is the right, prison is exception. This is a classical example of miscarriage of justice.

I hope time would come and I would be free with my family and my daughter. Truth will prevail. Justice would be served.

A helpless, broken heart father, husband, brother, son and friend

Dr Kafeel Khan

(This story will be updated once Prime Minister Narendra Modi actually speaks about theKathua and Unnao rape cases.)

Originally reported by the quint.

We failed as a society - not the first time

We are ashamed of ourselves - damn right, we should be

We will never forget - until the next time it happens again

And we fail, we feel ashamed and we forget

How about we try something different? How about we really show our elected govts how concerned we are and how desperate we are to address these concerns?

How about we stage a #NationalWalkout on April 23rd, Monday @ 10:00am?

What is a #NationalWalkout?

Simple answer is no matter where we are, who we are and what we are, we can just decide to walk as an individual or as a group, leaving aside whatever work we may be doing at that point in time

Walk to where?

If we are in the city, closer to the parliament or the state assembly hall, walk to that place

If we are not, we can walk to the nearest court or the nearest district headquarters or the nearest police station or nearest any office dealing with public welfare.

Why a NationalWalkout?

This is a problem concerning not just a village or a town or a city or a state or a child or an adult but a problem concerning an entire country and the entire humanity, because what we are witnessing is a rape of our consciousness.

Why April 23rd, Monday at 10:00am?

Its the following Monday giving us a weeks time to prepare and organize.10:00am because its the time when its not too early and not too late, but just about the right time to cause inconvenience to us and to send the message to our elected govts

What do we demand?

  1. No more victimization of the victims and the guilty should be punished
  2. Nirbhaya Law should be implemented in spirit

What after the Walkout?

We can chose to continue the fight and keep the pressure on the elected govt and may be even the rest of the political parties. Let this be the beginning of the end of our inaction and indifference.

What kind of preparation is required?

Prepare placards, banners, invite ministers, press, media, organize events around these themes and basically try and do everything to rally people and create pressure.

One week may be a bit aggressive for a #NationalWalkout, but may be it isn't after all - it may be a bit late.

Would it be worth it?

Remember the last time this happened, the result was the Nirbhaya act. Yes its another issue that the act itself is yet to be implemented, but without the public pressure, the law makers would not have done what they were forced to do. So yeah its totally worth trying, but one thing is for sure, if we don't do anything other trending on twitter or sharing on facebook, we are just fooling ourselves.

If this still doesn't convince you, I will let the data do the talking

520 kids all below 6 years of age were survivors of rape i.e. Five Hundred and Twenty. I repeat Five Hundred and Twenty. And if we include all the kids below 18 years, this number rises to 16863 i.e. Sixteen thousand eight hundred and sixty three.

  • 16863 children will carry these scars for the rest of their lives
  • 16863 children may never get justice and may never get a closure
  • 16863 children may never get a chance to heal their wounds
  • 16863 children and their loved one’s may forever try to move on, only to dragged into with every single incident that makes it to the news headline
  • 16863 children may never know what a normal childhood feels like, what growing up feels like
  • 16863 children may be living in constant fear for the rest of their lives

Girl-Child-Victims

22,205 women i.e. Twenty two thousand two hundred and five women. As these horrific numbers prove, rape crimes are beyond any age groups, beyond any cultural divides, beyond the norms of society – yes beyond the norms of society, since

Women-Rape-Victims

94.6% of the offenders are known to the rape survivors i.e. Ninety Four percent of the offenders are known to the rape survivors. Some of the offenders are family members who include grand fathers, fathers, brothers, sons, relatives and neighbors. Not implying everyone is an offender here, but what the data is proving, yet again, year after year, that the offenders are amongst us. They could be from our family, from our neighborhood, not some random person on the street and not some random person in a desolated place.

Offenders-Relation.PNG

So what is the police doing? Well, what can the police do? What can the police do when most of the cases don’t even get reported and even when they are reported, there are so many backlogs, the police can’t possibly afford to investigate the cases.

Police Cases

And what about the courts? Well, its no secret, the courts have been buried with cases pending from several years, in fact, several decades now.

Court Cases

Total-Rape-Victims

source: ncrb.gov.in

 

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In October 2017, the Jharkhand Government introduced a Direct Benefit Transfer (DBT) pilot for the Public Distribution System (PDS) in Nagri – a block on the outskirts of Ranchi. Instead of rice at Re 1 per kg at the ration shop, the PDS cardholders are to receive the subsidy (calculated at Rs 31.60 per kg) in their bank account, and they buy rice at the ration shop at Rs 32.60 per kg. If this pilot succeeds, the Jharkhand government plans to extend it across the state.

A recent survey in Nagri, however, found that that 97 per cent of the sample households opposed the DBT pilot. Their unhappiness – indeed anger – with the DBT system is not hard to understand. In January 2018, about 25 per cent of cardholders did not receive the cash. Even those who get money face many hurdles. Many households do not know which of their bank accounts is being credited with DBT money (the sample households had 3.5 bank accounts on average). They are often constrained to make multiple trips to the bank to find out if the money has come, as most of them do not receive SMS alerts. Some banks even disallow cardholders from withdrawing money (claiming that the amounts are too small), forcing them to make further trips to the local Pragya Kendra or banking correspondents, where they often have to pay bribes. The entire process leads to a huge waste of time and money for the cardholders. It is especially cumbersome for the elderly, the disabled, and those who find it difficult to take time off work.

All this is in addition to the hassles of Aadhaar-based biometric authentication (ABBA), rampant across Jharkhand. ABBA applies at the Pragya Kendra and ration shop. It is far from clear what purpose DBT serves when ABBA is in place at the ration shop.

PDS dealers, too, are inconvenienced by the DBT system as they now have to spend much more time to distribute grain and have to handle about Rs 4-5 lakhs worth of cash every month.

Nagri is the latest in a series of unsuccessful DBT pilots. As per NITI Ayog’s surveys of DBT pilots in Chandigarh, Puducherry and Dadra and Nagar Haveli, this system is more expensive to access PDS entitlements. These surveys also found that over time a small proportion of cardholders stopped receiving the cash subsidy. While these pilots allowed cardholders to buy food items from the market, in Nagri people are restricted to purchase grain from the PDS shop. A DBT pilot also failed in Kasba block of Purnia district (Bihar), though further details of this experiment are not available.

Jharkhand has amongst the highest levels of hunger and undernutrition in the country and the PDS there is a lifeline for many rural households. It may be recalled that lakhs of ration cards not linked with Aadhaar were deleted in Jharkhand last year. In the last five months, seven starvation deaths were reported in Jharkhand. Five of them were due to the mandatory integration of PDS with Aadhaar.

A padyatra will be taking place from Nagri to Ranchi on 26 February, to demand the discontinuation of the DBT pilot. This protest is jointly organized by five opposition parties (Communist Party of India (Marxist), Communist Party of India (ML), Indian National Congress, Jharkhand Mukti Morcha and Jharkhand Vikas Morcha) and several social movements and networks (Right to Food Campaign Jharkhand, Adivasi Moolvasi Astitva Raksha Manch, All India People’s Forum Jharkhand, United Mili Forum, All India Kisan Sabha, Jharkhand Jan Sanskriti Manch, Ekta Parishad, Bagaicha, Jharkhand Nagrik Prayas and others).

For further information please contact Akash Ranjan (9931014008) or Ankita Aggarwal (9504091005) or write at rtfcindia@gmail.com. Follow on Twitter: #RationBachao.