Bihar Govt | SabrangIndia

Bihar to set up Detention Centre outside jail premises

Tue, 31 Aug 2021 04:29:51 +0000

Image Courtesy:thehindu.com

The Bihar government has informed the Patna High Court that it will be setting up detention centres outside jail premises. The bench led by Justice Sanjay Karol and also comprising Justice S Kumar perused an affidavit filed by the state government which stated that within the campus of Bihar Institute of Correctional Administration, Hajipur a detention centre has been earmarked under Chapter 2.6 of Model Detention Centre/Holding Centre/Camp Manual, 2019. Bihar Institute of Correctional Administration, Hajipur is a training institute for prison and correctional services officers and employees.

Accordingly, Inspectorate of Prisons and Correctional Services, Patna ordered and intimated for establishment of detention centre within the campus of Bihar Institute of Correctional Administration, Hajipur as temporary detention centre.

The court was informed vide an affidavit filed by the state government, the details about the communications that led to the order to set up the detention centre, the bench however remarked that the affidavit was vague in terms of time frame of setting up the detention centre and whether this temporary detention centre will be equipped with the requisite minimum infrastructure as per Chapter 4 of the Model Detention Centre Manual 2019. The court has thus sought a fresh affidavit to clarify the same.

The court has also asked the state to inform it about the steps taken for sensitising the general populace of Bihar to make them aware of the mechanism in place for identification and deportation of the persons suspected to be illegal migrant, more so from Bangladesh and the fact that such persons are required to be immediately deported for their entry in India and further that their custody is required to be immediately handed over to the Nodal Officer, Government of West Bengal. The court held that deportation of illegal migrants is of paramount importance and in national interest and called for people along border areas to be sensitised for the same, as also associating NGOs to this cause.

The court has also sought to know from the state whether there is any mechanism in place to furnish such information about illegal migrants, online. It also seeks to know whether Authorised Officers under the Foreigners Act, 1946 Act are verifying the record and monitoring the movement of any unauthorised persons or not.

During the hearing held on April 26, the state government had informed the court that the illegal migrants have been housed separately in jail premises itself, to which the court had retorted saying, “Detention Centre cannot be created inside the jail premises, rather it should be created in terms of the instruction given by the Central Government giving detail the manner the State has to create Detention Centre, so it is primary duty to create Detention Centre with that terms.”

Background

Two Bangladeshi migrants Marium Khatoon @ Mariyam Parveen and Ms. Mausmi Khatoon, were arrested from Patna Railway station a few years ago and have been kept in an After Care Home, without any criminal case being lodged against them.

The court was informed by Additional Solicitor General of India, Dr. KN Singh that a letter had been sent to the Bangladeshi Embassy for their repatriation, but no response was received. While the counsel for the State submitted to the court that the petitioners were being kept in After Care Home called Nari Niketan in proper manner and there is no such complaint that they are being kept in very bad manner, the counsel for the petitioners pointed out that he was not allowed to take Power (power of attorney) from the petitioner. Thus, the court found it necessary to ensure that the petitioners are treated in a good manner and constituted a team of three Advocates; one male Advocate and two female Advocates, to know about the fact that in what manner they are being kept in After Care Home.

The amicus curiae, Ashish Giri, submitted to the court that such illegal migrants cannot be kept in the After Care Home for a longer but, they should be shifted in Holding Centre or Detention Centre. This is where the discourse for detention centres Patna arose and now, as per the government’s order, a temporary detention centre will likely be set up soon.

However, the court has raised its apprehensions on what kind of facilities will these temporary detention centres have, and has sought more information from the government on the matter.

The case will next be heard on September 4.

It is pertinent to note that apart from Assam where there are six functional and at least one more under-construction detention centres for illegal migrants, such facilities are being planned and constructed in Uttar Pradesh, Karnataka and even West Bengal. The state of Maharashtra shot down its plans for setting up a similar facility.

Detention Centre Manual 2019 released by the Union Ministry of Home Affairs (MHA) gives details on how states should go about setting up detention centres and what facilities should these centres have. However, this document has not been publicly released yet.

The complete order may be read here:

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Gov’t data about available Covid beds, oxygen, medicines contradictory: Patna HC

Tue, 20 Apr 2021 12:49:14 +0000

Image Courtesy:timesofindia.indiatimes.com

The Bihar High Court has taken note of the grave situation in the State, expressing concern over the management of the Covid-19 surge. A Division Bench comprising Justices CS Singh and Mohit Kumar Shah has held that the government has failed “to keep the people of Bihar informed about availability/ non-availability of health care facilities in the State.”

It noted that the State has also failed to regulate testing of people who are arriving in the State from other States. Accordingly, the court has directed the government to step up the pace of RT-PCR tests.

The Bench sternly remarked, “Minimum what is expected of the State-Respondents is to take all possible measures so as to ensure that persons coming from outside the State are either made to undergo rapid antigen test or they are able to show on the basis of the test reports available with them that they are not COVID positive. In case a person is found to be Covid positive, steps should be taken to ensure that he can reach a designated place for isolation or treatment with adequate and desired care and caution.”

It has also directed the Government to submit a report regarding the available manpower and other infrastructure at Covid Care Centres and Dedicated Covid Health Centres in the State.

Further, the Bench has pulled up the Health Department of the State for false representation of available beds in the State, especially Patna. It said, “On the one hand the Covid patients are running helter-skelter for admission in Covid Care Centres/Dedicated Covid Care Centres/ Dedicated Covid Hospitals, the figures presented by the Health Department represent that a large number, rather, most of the beds available for Covid patients are unoccupied…..No acceptable logic is coming forth to explain this startling phenomenon, as admittedly the patients in the state are being denied admission because of unavailability of beds, though, lack of awareness among affected people about availability of such facilities in all the Districts of the state is being cited as one of possible reasons why there is mad rush to Patna hospitals out of a sense of fury.”

The Patna High Court was informed that on an average 40,000 RT-PCR tests are being done in the State every day. There are reportedly 18 laboratories in different medical colleges in the State which have the machines to conduct RT-PCR tests. In addition, five private laboratories have been granted permission to conduct such tests.

To this the court said, “The State Government is directed to ensure that at-least in these three districts, namely, Motihari, Purnia and Munger, the laboratories start functioning to enhance the number of tests… The Court expects the respondents to step up the speed/pace of RT-PCR tests in the State.”

Although the Bihar government’s data provides that “huge numbers of beds are available with oxygen”, the court observed that there is a critical shortage of medical oxygen in the State. “This contradiction has remained unexplained”, further remarked the Bench.

Finally, the court also took judicial notice of acute shortage of Remdesivir injection in the State and its consequent illicit trade in black market at a staggering price. It said, “This is a matter of serious concern and the Court shall be constrained to pass appropriate orders if no befitting action is found to be taken by the State Government in this regard.”

As per many media reports, many Bihar hospitals have been facing shortage of beds because of which patients are being turned away. Government hospitals in Patna have a total of 359 beds, while private hospitals have 832 beds assigned for Covid patients which is inadequate because as many as 18,466 people in the State have tested positive in the last seven days and over 50 have died. An administrative manager of a city hospital also added, “We have had to turn away several patients as no beds are available. We feel sorry for them, but are helpless,” reported The Hindu.

In an attempt to break the chain of transmission, the Bihar government has imposed a night curfew in the state from 9 pm to 5 am and all schools, colleges and other educational institutes have been ordered to remain closed till May 15.

The order may be read here:

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Objectionable comments against government, Bihar demands action

Tue, 26 Jan 2021 04:54:52 +0000

Image courtesy: Hindustan Times

The Bihar government’s latest circular calls for action against persons and organisations posting “objectionable and indecent” comments (online) against the State government, Minister, MLAs and even MPs and government officials, under IT Act and Indian Penal Code.

The circular by Bihar Police’s Economic Offences Unit (EOU) states, “It has regularly been coming to light that certain persons and organisations have been making offensive comments through social media and Internet against government, honourable ministers, MPs, MLAs and government officials as well, which is against prescribed law and comes under cybercrime laws. For this act, it seems appropriate to take action against such organisations and individuals”.

The circular/letter issued by Economic Offenses Wing, IG Nayyar Hasnain Khan to all secretaries in the state requested all officials to inform the Economic Offences Wing about such acts so that appropriate action can be taken against the perpetrators.

Criticism

After facing backlash, the state police issued a clarification and Jitendra Kumar, Additional Director General Headquarters told NDTV, “Criticism is healthy for democracy. But criticism must be constructive and the language used must fall within the norms of decency… This advisory was issued keeping in mind rumours and factually incorrect information and involving the use of insulting language on social media – these are punishable offences under the IT Act.”

Senior RJD leader Shivanand Tiwari said that he was surprised by the decision as Nitish Kumar was once an advocate of free speech. “He went to jail with us during the fight for freedom of expression. I am surprised by this order of the Bihar government,” he told The Wire.

“This order of the Bihar government is a reminder of the infamous 1982 press Bill of Jagannath Mishra. Against that, not only the journalist community but also the rural poor of Bihar as well as a large part of the populist-democratic group had registered a historical counter-protest and the government was forced to withdraw the black law,” CPI(ML) secretary, Kunal, told The Wire.

Similar law of Kerala

A similar action by Kerala government had met with a lot of criticism after which the Left Democratic Front (LDF) government was compelled to retract the ordinance. The Kerala government had inserted section 118A in Kerala Police Act vide an ordinance on November 21, 2020. The section had provided for either imprisonment for up to five years or a fine of up to Rs 10,000/- or both to those who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media. The ordinance was repealed within a few days of its promulgation in response to severe backlash and reproach.

Shreya Singhal judgment

It is also pertinent to note here that the Supreme Court in Shreya Singhal vs. UOI (2013) 12 S.C.C. 73, struck down two provisions namely section 66A (Punishment for sending offensive messages) of the IT Act and section 118(d) [causing annoyance in an indecent manner] of the Kerala Police Act as both suffered from vagueness and overbreadth. The judgment delivered by Justice RF Nariman and Justice J Chelameswar had rightly pointed out, “What may be offensive to one may not be offensive to another. What may cause annoyance or inconvenience to one may not cause annoyance or inconvenience to another.” One of the many points considered by the court before striking down section 66A of IT Act was that it contained purports to authorise the imposition of restrictions on the fundamental right contained in Article 19(1)(a) [freedom of speech and expression] in language wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action, thus opening up the possibility of it being applied for purposes not sanctioned by the Constitution.

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Bihar Govt has worst record on Land Rights to Adivasis: Brinda Karat

Fri, 23 Oct 2020 14:58:23 +0000

Image Courtesy:dtnext.in

Condemning the brute firing by the Bihar Police on Kaimur’s Kharwar Adivasis, peacefully protesting the consistent harassment by the forest department and non-implementation of the provisions of the Forest Rights Act, 2006 on September 10-11, 2020, CPI (M)’s Brinda Karat who is also vice president of the Adivasi Adhikar Rashtriya Manch’s Vice-President asserted that Adivasis had prime claim to their ancestral lands.

She was speaking at an online press conference organised by the All India Union of Forest Working Peoples (AIUFWP), Citizens for Justice & Peace (C

JP) and Delhi Solidarity Group (DSG) on October 23. The protesters had followed all legal procedures to exercise their democratic right to protest, she added.

A fact-finding report was released during the conference which contained details of the on the spot visit, investigation detailing the series of events that culminated in the firing at Adhaura block. It concluded by listing the community’s persistant demands for the repeal of the 1927 Indian Forest Act, the implementation of the Forest Rights Act of 2006, the Panchayats (Extension to Scheduled Areas) Act, the Chota Nagpur Tenancy Act and the recognition of Kaimur hills as a scheduled area under Schedule V of the Constitution.

Karat praised the community for their consistent stands and courageous protests and supported their demand for a judicial inquiry into the firing against the 1000 assembled protesters, quashing of the false cases and FIRs lodged against 29 of them (seven of them were arrested and jailed and released on bail only on October 16), prosecution of the offending officers and compensation for the aggrieved protesters.

The Video of her speech can be viewed here

Further, Karat also supported the adivasis’ demand to reconsider the tiger reserve plan and pointed out that according to the 2006 amendments to the Wildlife Protection Act, such projects cannot be undertaken without the prior consent of the Scheduled tribes living in the area. She argued that forest officials are not only violating the Forest Rights Act but they are also violating amended clauses under the Wildlife Protection Act which passed by the Environment Ministry.

“These “ease-of-doing business policies” of the Modi Govt will destroy natural resources, the land and livelihood rights of Adivasis,” Brinda Karat asserted. Whether through mining companies, irrigation projects, tourism, timber industries, the aim was the same : privates companies are being allowed to exploit our natural treasures, she said.

She questioned the manner in which the FIRs had been filed against the KMM and the basis on which the officials called them a Maoist organisation when they were only protesting peacefully and democratically.

“If you examine the FIRs lodged by the police against the protesters, they are completely baseless. They had sought permission to protest there. They had a right to protest at the spot. Yet, the forest department wreaked havoc in 108 villages and burnt down one of their offices,” said Karat. Karat encouraged the Adivasi communities to assert “Yes! This is my ancestral land!” (Ye meri baap ki zameen hai!) the next time anyone questions their right to reside in forests.

Karat heavily criticised the Nitish-government for one of the worst performances in terms of forest land and livelihood rights. While enumerating that the records of other state governments were also poor, she stated that Bihar’s record under Nitish Kumar was the very worst: Bihar under Nitish Kumar has just not recognised or accepted community rights claims of Adivasis and Forest Dwellers. Even on individual claims under FRA 2006, Karat said that only 8,000 claims have been filed in Bihar of which only 121 pattas have been sanctioned!

“This is an undeclared battle against the government. Kaimur is not the first instance of an attack on Adivasi rights. There has been a persistent attack by the government on the legal rights of forest dwellers. People need to remove this anti-adivasi government in the state,” she said. Bihar goes to polls next week and this region votes on October 28.

Teaccher and Adivasi leader Subhash Kharwar, part of the local Kharwar community and also victim of the assault narrated the plight of the agitating Adivasis of Kaimur who had been struggling for over three decades to assert their rights. Adhaura;s Adivasis continue to make the same demands that they did two decades ago that they had made on the day of the firing:

“The government does not listen to us. We do not have health facilities. The one hospital in the district has been turned into a military (CRPF) camp. Our schools only stand as a concrete structure with no teachers. There is no electricity, no roads to connect our villages to the main district. We have no mode of communication barring the one BSNL tower. All this while, we are called Naxalites and have to deal with forest officials who deny our right to this land,” he said.

Building on this notion, CJP Secretary Teesta Setalvad stated that out of 108 adivasi villages, 72 villages had educational facilities, 22 villages had transport, only 13 villages had banks, 11 villages had health facilities and by 2011, 2 villages managed to receive electricity.

Setalvad said that the grievances of these communities are a serious issue which needs to be well-understood by journalists covering urban issues as well. “As journalists, we also need to look towards forests, especially during elections. We hope that this fact-finding report will help voice the issues in the area. The CJP stands with Adivasis, be it to navigate legal situations or to fight false cases and complaints,” she said.

About the fact-finding report

The Fact-Finding was carried out d by a four-member team including AIUFWP’s Amir Sherwani Khan and Matadayal, DSG’s Raja Rabbi Hussain and Supreme Court advocate Aman Khan who visited six villages from September 23 to September 27.

The report summarises the event that demanded a judicial inquiry into the firing, prosecution of officials responsible for firing and the withdrawal of false cases lodged against members of the Kaimur Mukti Morcha (KMM.)

Speaking about his experiences while collecting data, Khan said that he was especially frustrated by the fact that the tribal community was neither given forest nor were they allowed employment under the MGNREGA scheme.

He also mentioned that families of some of the detained or injured were never informed about the incident. Thus, many people were unaware about the protesters’ whereabouts.

Similarly, Matadayal talked about the fear among people to voice their complaints against officials. He suggested lodging a complaint from the Adivasi’s side against the police and forest department – an initiative that the CJP-AIUFWP would readily offer support for.

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