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| << April10, 2005 - [India Thinkers Net]More updates from CHRO |
April10, 2005 - [India Thinkers Net] Kerala updates from CHRO >> |
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1] New Indian Express, April 08, 2005, Friday Pay dowry to get a bride KOCHI: The growing number of money order propelled families and the ever-increasing job potential for their womenfolk in nursing field abroad have prompted Knanaya Christian families to do a volte-face in terms of offering dowry. The Knanaya diaspora is one among the Catholic sects in the state, which faces acute shortage of women in its fold and the number of chronic bachelors within the community is swelling day by day. This has resulted in the bridegroom??™s family offering dowry to the bride??™s family. The average age of an unmarried male in the community is 33. According to church sources, more than ninety percent of their womenfolk in the age group of 20-45 years are either working as nurses or working in the medical field in different parts of the globe. And the nurses who had migrated to the foreign countries for work are drawing hefty salaries. Following the increase in the income supported by the hard work of money-minting nurses, their families have preferred to seek alliances from only high class families or persons who can migrate to the country where the girl is working. As a result of this, those males who are with low-end jobs are unable to get partners from their community. ??????Though the practice of soliciting dowry by bridegroom has been slowly vanishing among the community during the last decade, it took the reverse order recently,??™??™ said Fr Michael Vettikkadu, director, Chaithanya, where the pastoral centre and the marriage bureau of the Kottayam diocese are functioning. ??????We strictly advise our faithful not to solicit dowry,??™??™ he added. More than ten marriages have been reported recently, where dowry was offered to the bride. ??????I had registered my name with the marriage bureau run by the diocese three years ago, but remained unmarried till last November, said a 34-year-old youth on condition of anonymity. He said that his marriage was fixed after his family offered Rs 1 lakh to the girl??™s family. The 1,70,000-member-strong Knanaya sect strictly adheres to the paramount seat of Pope at Rome, but it enforces strict measures like barring its youths from seeking marriage alliance from other Catholic sects as a means to retain their purity. http://www.newindpress.com/NewsItems.asp?ID=IER20050408010554&Page=R&Title=Kerala&Topic=0& ----------------------------------------------------------------------- 2] The Hindu, April 08, 2005, Friday Death in custody: report points to brutal assault KOLLAM, APRIL 7. Preliminary medical examination by forensic and fingerprint experts on the body of Rajendran, 36, who died while in the custody of the Kollam East Police on Wednesday, shows that he had been subjected to brutal assault just before his death. While the actual reasons for the cause of death will emerge only after the autopsy, the preliminary examinations point to the possibility of serious internal bleeding as the immediate cause of death. After preliminary examination and preparation of the inquest, the body was sent to the Medical College Hospital in Thiruvananthapuram for autopsy. Rajendran's brother, Thulasidharan, and some members of the panchayat committee from Kottarakara said that they would decide on the course of action after getting the autopsy report. Rajendran was taken into custody on Wednesday afternoon from a private hospital here on charges of theft. The hospital staff alleged that they caught him red-handed and immediately informed the police. The charge against Rajendran was that he had stolen a mobile phone from a patient's room. There was reportedly a spurt in mobile phone thefts from the hospital rooms. A mobile phone found in his possession gave room for more suspicion. Eyewitnesses said that Rajendran was seen trying to convey to the hospital staff that he was innocent and that he himself had asked the staff to call the police so that the issue could be settled. On entering the police jeep, he was assaulted by the police for sitting on the seat. He was asked to sit on the floor of the jeep and taken away. At 6.30 p.m. he was declared dead on arrival at the district hospital. His brother and neighbours who came to the district hospital this morning said that Rajendran worked as a salesman since the past three years and he used to regularly visit private hospital to canvas sales. Mr. Thulasidharan said that his brother had a mobile phone and that the gadget claimed to have been seized by the hospital staff could be that of his brother's. His neighbours at Kottarakara said that Rajendran had no criminal history. http://www.hindu.com/2005/04/08/stories/2005040811230300.htm ------------------------------------------------------------ New Indian Express, April 08, 2005, Friday Probe sought into custodial death KOLLAM: The body of Rajendran, 37, who was found dead in the lock-up of the Kollam East police station on Wednesday, was sent to the Thiruvananthapuram MCH for post-mortem. CPI district secretary K.R.Chandramohan urged the government to order a comprehensive probe into the incident. Rajendran, a native of Kottarakkara, was handed over to the police by the security staff of a private hospital in the city on charges of theft. http://www.newindpress.com/NewsItems.asp?ID=IER20050408012012&Page=R&Title=Kerala&Topic=0& -----------------------------------------------------------------------KERALA: Man Dies In Police Custody The Hindu, April 07, 2005, Thursday Man dies in police custody KOLLAM, APRIL 6. A 26-year-old man who was arrested by the Kollam East Police this afternoon on charges of theft died in police custody at 6.30 p.m. The police identified the deceased as Rajendran It was following a complaint from the hospital authorities that the police took Rajendran into custody. The police said his health condition began deteriorating shortly after 6.15 p.m. He was rushed in a police vehicle to the District Hospital where he was declared dead on arrival. Doctors said Rajendran had died either in the police vehicle or at the station. The body has been kept at the district hospital mortuary. A decision on where the post-mortem examination would be conducted would be taken on the basis of directives from senior police officers in Thiruvananthapuram. http://www.hindu.com/2005/04/07/stories/2005040708430300.htm -------------------------------------- 3] The Hindu, April 08, 2005, Friday SHRC member visits Poojappura prison By Our Staff Reporter THIRUVANANTHAPURAM, APRIL 7. Lack of medical attention, overcrowded cells and unclean toilets were among the complaints made by convicts when the State Human Rights Commission (SHRC) member, S. Varghese, inspected the Poojappura Central Prison here on Thursday. The member visited the cells in person and talked to the prisoners in the absence of jail officials. Mr. Varghese told The Hindu that the prisoners had many complaints about medical facilities. There was only one doctor and often prisoners who reported sick received medical attention late. They said that the convict's room at Medical College Hospital was congested and unclean. Often 30 prisoners were housed in the room that had beds and facilities only for three. The Commission found that the Central Jail was overcrowded and that the 1,600 prisoners, including those in judicial remand, were housed in crammed conditions. Often two prisoners had to share the same mat. Most of the cells were packed with 50 prisoners, much more than the stipulated capacity. The toilets in the cells were unclean and a foul smell permeated the surroundings. There was no proper lighting in the toilets. Parole Certain convicts were given paroles "continuously", while some others were not accorded parole at all, the prisoners said. The Commission was told about the "dubious" activities of a Chirayankeezhu-based liquor contractor who was serving sentence in an `abkari' case. The Commission found that the political prisoners transferred from Kannur Central Jail were in an agitated state. Some demanded pillows and more mats. According to jail rules, pillows are allotted to prisoners only on the recommendation of the prison doctor. The prisoners wanted to be shifted back to the Kannur prison. Many said that their relatives and lawyers from Kannur were finding it difficult to come to Thiruvananthapuram. The convicts complained that they did not get to watch television and had no access to any recreation facility. http://www.hindu.com/2005/04/08/stories/2005040816870300.htm ----------------------------------------------------------------------- 4] KERALA: Sri Lankan Woman Allege Custodial Sexual Harassment Against NCB Officials chro2003 Offline Send Message Edit Membership New Indian Express, April 08, 2005, Friday Allegation of sexual harassment against Narcotics Control Bureau officials THIRUVANANTHAPURAM: The police have launched an inquiry into the alleged sexual harassment of a Sri Lankan woman by two officials of the Narcotics Control Bureau (NCB) while she was in custody. The State Human Rights Commission has also suo motu registered a case and sought a report from the DGP on the incident. Museum Circle Inspector Varghese, who is investigating the case, said that the woman, identified as Santhi, a resident of Puthukottai in Tamil Nadu, was subjected to forensic examination at the Medical College Hospital here on Thursday. ??????The medical examination reports submitted by the jail doctor and the SAT Hospital authorities did not confirm any sort of sexual intercourse, but indicated physical harassment,??™??™ he said. A woman police constable, who was on duty at the NCB office, had said that she did not notice any such incident as alleged by Santhi, he said. Meanwhile, the woman deposed before the Human Rights Commission member S.Varghese, who visited her at the prison, that two officials of the NCB sexually harassed her. She also said that the woman police constable was kept away while she was harassed. She claimed that the NCB officials falsely implicated her while she was on a pilgrimage to the city. NCB officials termed the allegations raised by the woman as ??????baseless and a planted one.??™??™ Santhi, along with Subas and Kuberan, was intercepted and arrested by an NCB team at the KSRTC bus station at Thampanoor on April 1 on the charge of smuggling 9.5 kg of heroin worth Rs.9.5 crore. A woman constable from the Women Police Station was also put on duty at the NCB office on the request of the NCB officials. Subas had destroyed the seized heroin by flushing it in the toilet at the NCB office forcefully on the morning of April 3. They were remanded in judicial custody the same day. The Poojapura police, which is probing a case pertaining to the destruction of evidence, had also raised suspicions about the LTTE links of the gang. Jail authorities said that the woman complained of discomfort on April 5 and alleged that two officials of the NCB sexually harassed her. She was subsequently subjected to medical examination by the prison doctor as well as at the SAT Hospital. http://www.newindpress.com/NewsItems.asp?ID=IER20050408012431&Page=R&Title=Kerala&Topic=0& ----------------------------------------------------------------------- 5] Rediff.com/PTI, April 08, 2005, Friday Centre plans new plea on Kargil defence purchases The Central government will file a fresh affidavit before the Supreme Court on Kargil defence purchases, official sources said on Friday. The affidavit is likely to elaborate on the misconduct of officials responsible for the deals during and after the conflict. The Centre is contemplating strict action against those responsible in the previous National Democratic Alliance government for exploiting the Kargil purchases with the motive of personal benefit in violation of rules and regulations, they said. The exercise was being carried out in the wake of Attorney General Milon K Banerji's letter to Defence Secretary Ajai Vikram Singh stating that additional affidavit should focus on the persons responsible on the basis of the report of the Comptroller and Auditor General, the sources added. The Attorney General had even conveyed to the Defence Ministry that he could place his own interpretation on the facts for the benefit of the case. However, they said the Defence Ministry submitted an affidavit before the court, which was not in conformity with the draft sent by the Attorney General. The sources said the Centre was now considering whether the facts reveal a 'prima facie case of commission of criminal offence under law as heavy financial losses in excess of Rs 2,000 (as per CAG report) were caused in addition to the fact that the equipment did not materialise at the time of its need'. http://in.rediff.com/news/2005/apr/08kar.htm ----------------------------------------------------------------------- 6] The Hindu, April 08, 2005, Friday Coca-Cola firm gets nod for drawing groundwater KOCHI, APRIL 7. A Division Bench of the Kerala High Court today held that the Coca-Cola company will be entitled to draw 5 lakh litres of groundwater a day from its plant at Plachimada in Palakkad without any right for accumulation in case of non-use. The Bench comprising Justice M. Ramachandran and Justice K.P. Balachandran made it clear that the restrictions imposed for the company's consumption would not be applicable when water is drawn for additional requirements such as supply of water to people in the area. The court directed that the company should involve in community development projects such as healthcare and supply of water for people in the area. The court was of the view that since the general public was apprehensive about water shortage, it became an essential duty of the company. Water supply should be undertaken before June 30. Renewal of licence The court held that the Perumatty Grama Panchayat was not justified in rejecting the company's application for renewal of licence well before a scientific assessment was made. The court observed that the drying up of ordinary wells was not a phenomenon specific to Plachimada. As could be gathered from the expert committee appointed by the High Court, shortage in rainfall was a contributory factor. By natural seepage during the rainy season, water travels down to the lower reaches. The committee had explained this as a process of recharging groundwater. The expert committee headed by E. J. James, Executive Director, Centre for Water Resources Development and Management, Kozhikode, was appointed to probe the allegation of excessive drawing of groundwater by the company. In its final report, the committee recommended that the company be allowed to draw 5 lakh litres of water a day under the normal rainfall conditions. The court directed the panchayat to consider the application of the company seeking renewal of licence for the coming year or any block years if such application was filed within two weeks. The court said that the fact that wells were drying up at Plachimada in summer, notwithstanding stoppage of extraction of water by the company after March 2004 and keeping the plant idle, had led to the assumption that the allegations of over-exploitation and consequent shortage of water were not true. http://www.hindu.com/2005/04/08/stories/2005040802450700.htm ----------------------------------------------------------- New Indian Express, April 08, 2005, Friday Coca-Cola plant allowed to resume production at Plachimada KOCHI: The Hindustan Coca-Cola Beverages (P) Ltd. was permitted by a Division Bench of the Kerala High Court on Thursday to resume production at its Plachimada plant in Palakkad district drawing ground water up to five lakh litres per day, the maximum limit fixed by a team of experts of the Central Water Resources Development and Management (CWRDM). The company had not been functioning for some time as the Perumatty grama panchayat had refused to renew the licence granted by it on the grounds that the company was over-exploiting ground water resulting in water scarcity in the area, and was causing environmental pollution. Disposing of three writ appeals, the court said the panchayat was not justified in rejecting the application for renewal of licence before a scientific assessment of the ground water potential was made. The panchayat had no legal authority to cancel the unit's licence for functioning within the panchayat area for any of these reasons. The panchayat was, therefore, directed to consider within two weeks the application for renewal of licence for the coming year, or any block years, if such an application is received in two weeks from Thursday. The company has the obligation to appraise the panchayat that it has licence issued under the Factories Act and clearance from the Pollution Control Board. If the panchayat is satisfied that the company is in possession of these two documents, it should grant licence. It is not within the jurisdiction of the panchayat to inquire about the details of the machinery installed, borewells etc, as such matters fall within the jurisdiction of the enforcement officer under the Factories Act. After the granting of licence, the panchayat can make inspections to see whether any further licence fee is payable. For the year 2004-05, taking note of the average rainfall in the locality, the company will be entitled to draw ground water not exceeding five lakh litres per day without any right for accumulation in case of non-use any day. The panchayat is entitled to carry out inspection at its discretion of the limits of water drawn per day without unduly interfering or inconveniencing the company. The company should satisfy the panchayat about the intake of water per day keeping uptodate logbooks and records. The company should actively involve itself in community development programmes of the panchayat, especially in the matter of health and water supply. Therefore, a reasonable amount of water drawn is to be utilised for the benefit of the public. The water supply should commence before June 30. The restriction imposed for the company's own consumption will not be applicable when water is drawn for this purpose. http://www.newindpress.com/Newsitems.asp?ID=IER20050407130829&Title=Kerala&Topic=0& ------------------------------------------------------------ New Indian Express, April 08, 2005, Friday A person has right to extract water from his property: HC KOCHI: ??????We have to assume that a person has the right to extract water from his property, unless it is prohibited by a statute.??™ This is the reason for a Division Bench of the Kerala High Court to find no justification for the ruling by a Single Judge that extraction of ground water by Coca-Cola company was illegal. ??????It is definitely not like digging out a treasure trove,??™??™ the bench, consisting of Justice M.Ramachandran and Justice K.P. Balachandran, said. ??????We hold that ordinarily a person has the right to draw water in reasonable limits without waiting for permission from the panchayat and the government. This alone could be the rule and the restriction is an exception.??™??™ The Single Judge had held that ground water was valuable national wealth and that the company had no legal right to exploit this wealth. If such a restriction is applicable to a legal person (the company), it may have to apply to a natural person as well, the bench said. Abstract principles cannot be the basis for the court to deny basic rights, unless the same is curbed by any valid legislation. Even if reference is made to the mandatory functions of the panchayat referred to in the Panchayat Raj Act regarding maintenance of water sources, it could not have been envisaged as preventing an owner of a well from extracting water from the well as he wished. The panchayat has no ownership of such private water sources, in effect denying the proprietary rights. http://www.newindpress.com/NewsItems.asp?ID=IER20050408010902&Page=R&Title=Kerala&Topic=0& ----------------------------------------------------------------------- Confederation of Human Rights Organizations (CHRO) 3, Rams' Cottage Ambalathumukku Pettah Thiruvananthapuram-695024 Kerala South India Ph.: 0471-2476262 www.humanrightsindia.com www.humanrightskerala.com |
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