TORTURE, TESTIMONIES OF SURVIVORS AND RIGHT TO HEALTH

8/3/2019 TORTURE, TESTIMONIES OF SURVIVORS AND RIGHT TO HEALTH

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TORTURE, TESTIMONIES OF SURVIVORS AND RIGHT TO HEALTH

My name is Harinath Mushahar and I am 50 years old. Apart from working in the field as a

landless labourer, I make leaf plates and sell it for making a living.

On February 1988, two days after Basant Panchmi, we all family members were sleeping

under one roof. Suddenly, at 4 a.m, there was a knock at the door. My wife opened the door

then, she saw the police. Two policemen barged inside and pounced on me, grabbing my

arms wanted to take me to the police station. When they pulled me outside, then I saw

Ramdev Yadav, Rambali, Vikram Pehlwan, Kanhaiya, Dr. Bhaiyalal telling the police, Arrest

Lalman. Seeing them Lalman was trying to flee. Lalman and I, both of us were taken to

Phulpur police station.

Police continued thrashing me for 8 days and pressurised me to fall on their line and accept

that we have committed the theft. Four policemen were moving over my body and pounding

with wooden stick as it seemed they were walking on the field but not over a human being.

While narrating the polices savagery tears jerks out of my eyes. There was no one toadvocate for us. Whenever any high official visited the police station, police used to hide us.

Police used to give us one meal a day, its was quite difficult to take food, I used to writhe

terribly in pain but then also neither they applied any ointment nor they gave any oral

medicine for healing the wounds. The pain was unbearable.

Facing continuous torture for 8 days in the lock up, I was sent to the jail. I was treated in the

jail. It always crossed over my mind, what fate had befallen on me and suffering for whose

sin, then I questioned myself is it not that I am facing it for being born a Mushahar. Waiting

for my bail after two and half months I was released. After that, I had to appear on the

hearing of my case.

My incarceration in jail pushed my family to languish in penury and my son died deprived of

a proper treatment. Medicines vanish from the Government hospitals so my son also left this

world without medicine. If he would have been alive then he would lend his helping hand in

my hour of distress.

On 16th April 2002, the Court awarded imprisonment, which distanced me from my family

members. On that day I and my brother, Lalman reached the Court in the morning. Our

name was called after the Judge occupied his seat. My advocate asked us to stand at the

dock. Then, he whispered something on Judges ear. At around 2 p.m. the Court broke for

the lunch and the Judge went away. Filled with fear, I went to the Judge then he told me,Go I am coming. I trusted him and I came back to my seat. Post to the lunch the Judge

came. Staring at the door I was thinking would the advocate coming or not. I was getting

frightened. Courts reader made an announcement in the post-lunch session. Then the

Judge gave the ruling, Sentenced for 10 years of imprisonment and booked under 382 and

459 IPC. Deposit a penalty of Rs. 17,000 to the Court.

It was shocking for me, my face grew red, and I started sweating. They did not know that I

had been jailed. They were thinking that I might have gone to my sisters house. ..... When

they went to the advocate to ask him he just bluffed and told that we had asked to be

forgiven so we were sentenced for 10 years of imprisonment. When it was narrated to me it

hurt me terribly and started crying.


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Some days after staying at Chokaghat District jail I was shifted to Central jail. ...... I was

assigned the job of cleaning the barrack and filling up water where the Pakistani prisoners

were kept.

After two and half years, at Central jails Shivpur farm, 6 jail inmates were allocated the work

of cultivating 6 acres. Each prisoner had to do ploughing and weeding of an acre.... Afterputting up a hard toil covering whole of the day we were given Rs. 10 as a daily wage. On

Sundays, we had to work but we were not paid single paise. When I asked twice why we

were not paid wages for the work done on Sundays, then they responded Sundays are

holidays so we do not pay. I used to think, are there holidays in jail but I could not ask them

out of fear. We used to toil hard for 30 days in the month but 15 days were entered in the

register and 15 percent from our wages went as commission to the contractor.

At that time, I used to think what a fate had befallen on me! Many a times I cried and

mocked on my pathetic conditions. In the jail, I earned through sweat and blood of my hard

toil but thats also being snatched away by others. I was put behind the bars on trumped up

charges without committing any crime.

I was afflicted by tuberculosis (TB) due to insufficient food and hard toil. Continuously I had

to take medicines for 6 months to cure my TB. I was served milk and eggs but couldnt

consume it as health conditions were quite precarious.... Whenever there were rains, I used

to think if the thatched roof leaks then where would all family members sleep. Days passed

by while working but my nights were sleepless as worries and anxieties filled up my restless

mind.

It was quite a delightful moment, though quite a shorter one, when family members came to

meet me at the jail.... One day, when my family members came to meet me I handed over

Rs. 5000 which I earned while working in the jail. Once I passed on Rs. 1,000 and then, Rs.

2,000 but took away Rs. 500 for my personal consumption to purchase soap and oil. In the

jail I worked in the field for 7 years.

In 2009, I asked the police officer, When I would go home? Then, his response was that

my jail term had finished two months back as I was unable to pay the penalty due to

tuberculosis. Then he told me that I would be released on 2nd February 2011. After this, I

started counting the days and used to think if I had the penalty to pay and not afflicted by

tuberculosis then I could have been in home. The days passed by.

2nd February was day of celebration for me. Earlier I had informed my family members. Iwas besieged by happiness and I did not take any food..... I was thinking I would go to my

home and village. I would breathe in fresh air liberated from the shackles of bondage.

Seeing the Superintendent of Police (SP) coming, I rushed to the office, and then he handed

over a cheque of Rs. 6,081 and gave me Rs. 500. After being released I briskly walked

towards my home. Then, tears jerked through my eyes and it seemed that happiness was all

around me.

Reaching home, I spent the entire night talking to my wife and children...... For earning a

living she carried lanterns or tube lights over her head in wedding ceremonies at night. She

made leaf plates to run the household. My son toiled hard to earn Rs. 35 as a daily wage.

Listening to their woes I cried incessantly.


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False case was framed against me and jailed for 10 years. I lost 10 years which wont come

back. What I want that it should not happen with others....

Coming back from the jail, I am no more interested to go anywhere. After being punished for

so many years I started thinking myself as guilty. I think what people might be thinking about

me. I am mentally disturbed. Due continuous police beating and the hard toil which I put in

jail for years together, there is always terrible pain in my body.

(Excerpt of the Testimony of Harinath Mushahar and the testimony was recorded by FarahatShaba Khanam and Meena Kumari Patel on 4 th March, 2011, under RCT-PVCHR initiativefor Testimonial Therapyi)

In this article detention refers to prison, police custody and custody under security forces.Why Testimony

The testimony (truth telling and emotion-pain sharing of survivors) is a short psychologicalapproach to trauma. Significance of truth is an important aspect of the justice process.Testimony is located within the broad framework of social construction and provides validinformation of human rights violation without humiliating the witness. It has often resulted inthe survivors overcoming depressive symptoms and cope with difficult situation. Survivorsrediscover self worthiness and dignity. Regaining self esteem by recording their stories in ahuman rights context, private pain is reframed with a political meaning. Compilation andanalysis of information emerging from testimonies indicates the rights abuse in theoriginating country and helps in initiating advocacy measures for institutional reform.

It has played an important role as a central mechanism in the functioning of the Truth andReconciliation Commission of South Africa, studying suppressive symptoms of thetraumatised Bosnian Kosovo refugees, treatment of traumatised asylum seekers inNetherlands, rural community in Mozambique with survivors of prolonged civil war,traumatised Sudanese adolescent refugees in United states and also used for injuredhumanitarian aid workers who had survived the bombing of the UN Headquarters in Iraq. InIndia it has acquired psycho-legal form that emphasises on denunciation of human rightsviolation and initiates advocacy for justice.

Testimony involves following three components:(1) Private: Psychological rehabilitation of the survivor leads to certain degree of

restoration of physical and mental state. This opens the possibility of his/her

participation in a community movement and ultimately becoming a human rightsdefender;(2) Legal: Testimonies provide a lot of subjective information about the plight of the

victim which help the court to take into account when the bail application of the victimis considered. The human sufferings are never recorded in the court proceedings.However, these small references of human sufferings often go in favour of the victimin front of the well prepared perpetrator;

(3) Political: Under testimonial therapy, public ceremonies are organised to honour thesurvivors of torture. These ceremonies provide an opportunity to bring back thesurvivor to the same society/ community that has isolated him/her for being tortured.Testimonies are read out in the presence of the villagers, invited guests, localpoliticians, elected representatives, and local media creating debate and discussion

at the local level because it contains human sufferings, institutional malpractices, andfailure of constitutional guarantees. Testimonies can be used as urgent appeals and


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advocacy work. Campaigns can be initiated by psychological mapping of theevidence of the severe effect of torture on large number of people. Considering thedifficulties in getting the states approval for visiting and monitoring the detentioncentres under the police, para-military forces and the military across the country,these testimonies are great source of primary data for research work. Organisationsfollowing developments relating to use of testimony emerging out of torture andorganised violence can help building foundation for Peoples movement.

The concept of testimony was brought into India by Rehabilitation and Research Centre forTorture Victims (RCT). Both RCT and PVCHR worked together to learn and adapt it in Indiancontext.ii At present PVCHR and Wide Angle are two organisations using it in their work tostrengthen rule of law. iii Both the organisations are documenting different kinds ofexperiences because psychological suffering of the victim has never been an area ofconcern for the state and civil society groups. The focus and content of the debates duringPrevention of Torture Bill, 2010 both inside and outside the Parliament prove the point.

Findings from the Testimonies of the Survivors of Torture

Following findings have emerged out of the testimonies of the torture victims:

(a) It is immensely difficult for an ordinary citizen to negotiate with the unlimited powerand absolute impunity enjoyed by the security agencies and law enforcementagencies to get justice;

(b) With court process becoming expensive and human rights institutions having limitedmandate, the poor victims confront limited scope to access to justice;

(c) Belief in masculinity and body capital are also reflected in the form of brutal natureof forces;

(d) Majority of the detainees are poor, marginalised and people from religious minoritiescharged with either unnecessary or unjustified sections.

(e) If one tries to abjure violence and lead a normal life particularly, in conflict area,there is no scope for initiating process of social reconstruction and coexistence;

(f) with state outsourcing legislative initiatives to non state actors like business housesand multinational companies, it will be futile to expect that door of justice will becloser to poor;

(g) Growing urgency to address right to health for victims in detention;(h) Present systems of governance hardly conform to the UDHRs language and

ideology.

PVCHR and Detention Watchiv

As testimonies poured in, PVCHR got an insight into the multidimensional and multilayeredissues related to and relevant to the justice process and survival of the victim. The availableinformation convinced everyone in PVCHR to begin an initiative called Detention Watch.Under this initiative, whenever there is information of unlawful detention, the matter isimmediately taken up with the concerned police station under which the accused is confined.Interventions are also done by communicating with senior police and civil administration ofthe state, State and National Human Right Commissions to protect the accused fromphysical and mental torture. Representations are also made in the court and otherconcerned authorities. Not surprisingly, no one has been subjected any kind of physicaltorture in all the cases of interventions under this initiative However, there are varyingdegree of psychological anxiety and fear prevalent among those detainees.

In India custody does not mean safe custody. It is a place where one encounters theprevalence of opposite norms and practices of a civilised society. It drives one through the


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ugly side of the repressive character of the state. It is this place from where the victims startloosing faith in the state. Perhaps this is also a reason why no one in this country has evercome back from the police custody to say that she/he was respectfully treated as a citizen ofthis country.

Every detainee is in a situation of particular vulnerability, both vis--vis their captors and inrelation to their environment. The change in status from a free person to detainee means theloss of all points of reference and immersion in an unknown world where the rules aredifferent and the valued unfamiliar. Life in a closed environment away from the outside worldtends to dehumanise people by eliminating individuality and responsibility. Detention is thusa fundamental change for each individual person, even if he or she is prepared for it. v Thisvulnerability is accentuated in situation of armed conflict and collective or political violencewhen the isolation and the temptation to use force in an abusive manner are even greater.vi

Regulatory Mechanisms should be put in place to ensure a favourable environment for thedetainees. The later ensures the dignity and well being of the detainee. The primaryresponsibility for establishing and maintaining such an environment rests with the authorities

concerned. They are duty bound to provide the vital needs of the persons they arrest anddetain and to guarantee that they receive decent, humane treatment. When they becomeaware of the problems, they have to take all necessary steps as soon as possible to remedythem. This also mean proceedings to make a prompt and impartial investigation wheneverthere are grounds to believe that abuses have taken place (This obligation is notablycontained in Article 12 of the Convention against Torture), and then, if the facts areconfirmed, imposing appropriate penalties.(In particular, on the basis of Article 4 of theUNCAT, but also under the provisions of the Geneva Conventions concerning gravebreaches and other serious violations of International Humanitarian law, Article 40,50, 129,and 146 of GC I,II,III and IV respectively). This favourable environment, even if it does exist,is potentially unstable. Thus the risk of abuse is constant. Favourable environment thereforehave to be monitored, developed and consolidated by mechanisms able to detect abuses as

soon as they come to light and exert the necessary pressure on the relevant authorities toensure that they take the appropriate steps.vii These regulatory mechanisms could includemedia, citizens rights groups, lawyers, independent judicial system, and the traditional roleof elders in the societies.

There is no disagreement in the argument that structural deficiencies and politicisation offunctioning of police and security agencies have adversely affected the latters performanceimmensely. But it is also a proven point that social structure plays a great role inperpetuating custodial crime. Caste and religious loyalties decides not just ministerial postsbut also official postings. Evidences indicate that postings are temporarily done to neutralisecertain individuals in custody. These untold and unholy alliances, which can not be checkedby law pose serious challenges to justice process of this country. Rights and guidelines laid

down by the honourable court and Human rights institutions have not deterred theperpetrator to commit crimes in custody and in other places of detention where majority ofthe victims are youths belonging to poor families, minority groups and socially backwardgroups.

To have a political, legislative, and institutional environment that would encourage theconcerned authorities to undertake obligations and respect rights of the person in detention,Detention watch feels there is urgent need to, (a) ways must be found to register informationregarding the accused the moment a person is taken into custody. It could be done throughemail, phone call, fax and telegram. This point of registration must remain within thesupervision of the judiciary; (b) undertake media and legislative advocacy, a step ahead frommonitoring of custodial violence. Harm to any defenceless person in the custody is a greatbetrayal by the state and (c) provide testimonial therapy for psychological support.


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Judiciary: Distancing away from Survivors

Harinaths case is an indication of what is happening in the system. It is certainly not thecase always and everywhere but this testimony has highlighted the glaring systemicloopholes affecting the future of citizens of the country in the absence of accountability in thecontext of right to life with dignity under Article 21 of Indian constitution. Unfortunately,majority of the detainees are illiterate and they do not understand what all documents theyare signing. In some cases it has so happened that they have signed documents related totheir land instead of court papers. As the legal process is becoming expensive, detaineeswho can not afford to pay even for their bail bond continue to languish in jail. The long andtedious process of verification of the bail guarantor has created more hurdles for them.

So many years after Independence, the state has not been able to establish a scientificinvestigation process. Lack of investigative manpower from the field of forensic and medicinelimits the fairness of trial. Investigation report of a Daroga (lower police official) who is oftenselected for the job on the basis of a minimum educational qualification and physical fitnessis considered as the entry point of the trial. Impunity enjoyed by the state apparatus is an

important factor that perpetuates the crimes in custody. Complaints against such perpetratoroften results in acquittal as the accused person manages to influence all forms ofdepartmental or judicial investigation against him. Rarely the solidarity behind the accusedpersons fizzles out in front of judicial activism generated due to media onslaught. For that tohappen, either the victims or the accused has to be high profile in nature. Systems must beput in place to protect the life of people like Harinath by prosecuting the concernedinvestigating officer and provide immediate and adequate compensation to the survivors withan apology from the state. Given the conditions of detainees, the policy makers inconsultation with judiciary should consider decriminalising certain offences. It would not onlydecongest number of detainees but also reduce burden on judiciary.

People in India have the courts with great hope. Besides deciding the cases, the courts have

done some exemplary work to restore the confidence of ordinary citizens in the judicialprocess. Few months back the Honourable Chief Justice of Allahabad High Courtconsidered news report on the issues of suicide by farmers in Bundelkhand as PublicInterest Litigation. The same court also considered complaints made by PVCHR on hungerdeath by weavers from Varanasi as Public Interest Litigation. Amidst this positivedevelopment, there are also areas of concern. The fast processing of evidences, particularlyin Fast Track Courts has put immense pressure on all the concerned parties. These courtsmight have been very useful in reducing the backlogs, which is a matter of statistics and notabout appreciation of evidence. The state must consider policy reform to provide relief to thepoor and establish mechanism to assess the quality of judgements with accountability.

Human Rights Institutions (HRIs): They can do better

In most part of the world institutions are created as a result of learning from past crisis.Having an institution does not mean that the crisis will stop occurring, only damage could bemoderated. We do not learn spontaneously from our mistakes. This is why we needinstitutions in society, says Prof Lars Magnusson of Economic History at UpasalaUniversity. Things are no different in India.

Human Rights Institutions (HRIs) like National Human Rights Commission (NHRC) andState Human Rights Commission (SHRC) are of utmost importance in addressing issuesrelated to detainees. The number of complaints received by NHRC has highlighted theextent of human rights violations taking place in India. According to its recent press release,

in last eighteen years it registered 10,94,113 cases of human rights violation, maximum6,22,635 number of complaints are from Uttar Pradesh. NHRC has also registered


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maximum number of 901 cases of complaints of death in police custody. In many respects,the human rights commissions have acted as a check. The problem though is that aninstitution like the NHRC in a country of India's size becomes too remote from the scene tobe effective in many cases. A large number of police atrocities are committed in small townsand villages of India where people are not aware of the commission's existence or itsprocedures.viii

The question that crosses everyones mind is about the performances of the HRIs. And whytheir performances have not been debated or why a performance audit of these institutionshas not taken place by the legislatures? A performance audit must provide space for publichearing too, so that victims, civil society groups and other interested parties get anopportunity to voice their concerns and suggestions. This exercise will provide anopportunity to find out whether the organisations have got enough mandates to fulfil theexpectations and whether these institutions have delivered on their mandate.

These institutions suffer from two types of problems. First, the state does not considerprotection of human rights as its one of the most important responsibilities, so it makes the

institutional short of full functional through delayed appointment in important posts, providingminimum infrastructure. Had it not been so, NHRC would not have remained headless for along time. In States, the appointments in SHRCs are more of political in nature. Second, themajor problem is about the mandate. The recommendatory power of NHRC is restricted dueto non cooperation by the states. The states are also using the SHRC to stall the move ofNHRC in sensitive cases. However, despite limited mandate, nothing restraints the HRIs towalk the extra miles for the victims or invoke its power to remain pro active. For example, thehealth and hygiene conditions in the custody and prisons are in a terrible condition due toovercrowding. This needs urgent attention of the HRIs to guarantee adequate healthinfrastructure and food quality. HRIs need to sensitise the security forces and law enforcingagencies that the guns they are holding are to respect individual freedom and protection ofconstitutions. These sensitisation programmes should also focus on having respect for

women and their privacy. In conflict areas, the HRIs can help in strengthening thedemocratic institutions and create space for reconciliation.

The political parties and the legislatures must realize adverse impact of failed institutions.They should also be aware of the consequences of power of information technology andnetwork power of victims. The state is no longer in a position to hide its performance andintention. Its accountability for protection of human rights is no more limited to domesticconstituencies instead, now it is a global commitment. The state positions are openlychallenged and can be challenged by several other versions to drive opposite points at leastin the web. Technology has empowered victims, perpetrators, NGOs, HRIs, state and nonstate actors. It has created opportunity for locals to go global.

Remedies do not lie in just framing law. There are socio cultural factors heavily influencingthe causes of torture and human suffering and it is very difficult to deal with those withinlegal framework, particularly how to deal with a social structure perpetuating culture ofsilence in majority part of India. Mechanisms must be created at the local level to debatecauses of human rights violations and finds ways for preventive and containment aspect.The institutions must reach out to victims instead of waiting the victims to approach them.Institutions related to Medical and Victim Rehabilitation need to urgently highlight theimportance of scientific investigation procedures and management of trauma, a preconditionfor a victim to be a part of justice process.


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Prevention of Torture Bill-2010 and Right to Health

The Human Rights Information and Documentation Systems International (HURIDOCS) ixdatabase of human rights violations tallies 73 forms of torture that takes place in detaintion.Each technique engenders short-term and long-term consequences, sometimes unique. Thelikelihood of profound and long-lasting psychological effects from torture is independent ofthe intensity, nature, or duration of the abuse, although such effects may be partly related topoorly understood psychological attributes of the victim. Torture may attack the body, but theultimate target is the mind of the victim during, and after, imprisonment.x

Although the UN Convention Against Torture (UNCAT) recognizes that torture can be purelypsychological in character and bans any act by which severe pain or suffering, whetherphysical or mental, is intentionally inflicted, many policy makers and citizens underestimatethe profound and intentional damage psychological forms of torture can produce. Thepsychological consequences for the individual can be more disabling than residual physicaldisabilities. Even after the memories of the pain of a physical assault have abated ordisappeared altogether, torture survivors tell their therapists of intrusive memories of mock

executions and watching or hearing the torture of others.

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A right to health care for survivors of torture is explicitly stated in the UN Convention AgainstTorture and Other Cruel, Inhuman or Degrading Treatment and Punishment (UNCAT) thatcame into force on 26 June 1987. xii The treaty calls on the states to make it as anenforceable right. Few international treaties provide such an explicit statement of the rightto care. The UNCAT calls on states to make the means for as full rehabilitation as possiblealong with other forms of redress, an enforceable right. The treatment and rights of torturevictims are also addressed in other international instruments.xiii

Testimonies of the survivors studied by both PVCHR and Wide Angle highlight the urgencyof addressing detainees right to health. The prison jurisprudence recognizes the inalienable

rights of the prisoners. This right has been upheld by the Supreme Court of India in itslandmark judgement in Parmanand Katara vs. Union of India (1989). According to Article 12of the International Covenant on Economics, Social and Cultural Rights, "everyone has aright to enjoyment of the highest attainable standard of physical and mental health." Under United Nations' General Assembly Resolution 44/111, "Prisoners shall have access to thehealth services available in the country without discrimination on the grounds of their legalsituation." One way to ensure that all prisoners have access to health services is to linktogether prison and public health care. The World Health Organization made severalrecommendations to this effect in the Declaration on Prison Health as Part of Public Health(2003). This right to health care and a healthy environment is linked to the persons with HIVinside the prison, to rights, like non-discrimination, privacy and confidentiality. Prisonerscannot fend for themselves in their situation of detention, and it is the responsibility of the

state to provide for health services and a healthy environment. In this context, the testimonialtherapy especially emphasizes on the overall well being of the survivors.xiv

Various international and regional oversight bodies concerned with human rightssystematically investigate and document the living conditions of prisoners. Two UN HumanRights bodies are particularly important to mention: The UN Committee Against Torture(CAT) and the Special Rapporteur on Torture, both of which monitor the implementation ofthe Convention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment, and the Working Group on Arbitrary Detention which investigates cases ofdeprivation of liberty imposed arbitrarily and monitors compliance with the relevantinternational standards. Since 2006 and the entry into force of the Optional Protocol to the

Convention against Torture and other Cruel, Inhuman or Degrading Treatment orPunishment, an international visiting mechanism for the prevention of torture has been set


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up. To date, 37 of the 62 countries that have signed the Optional Protocol have also ratifiedit, xv allowing regular visits on their territory.

Similar mechanisms have been implemented at a regional level, within the member states ofthe Council of Europe, with the European Committee for the Prevention of Torture andInhuman or Degrading Treatment or Punishment (CPT). The Committee, composed ofindependent and impartial experts from various backgrounds, exerts its control by means ofregular visits to different places of detention (e.g. prisons and juvenile detention centers,police stations, holding centres for immigration detainees and psychiatric hospitals). Itsurveys the conditions of detention and recommends, if necessary, improvements to thestates visited.xvi

Prisons and jails in even the richest and most developed countries are still plagued bysevere overcrowding, decaying physical infrastructure, a lack of medical care, securityabuses and corruption, and prisoner-on-prisoner violence. Rates of infection with regards totuberculosis, HIV and hepatitis are much higher than in the general population, and chronicdiseases, especially psychiatric conditions, are often neglected.xvii

The health status of prisoners has highlighted the urgency of the role of medicalprofessionals in fighting impunity and establishing right to health. Although medical workersin general do not require knowledge of human rights and law, their ethical duties requirethem to assume the role of advocates on behalf of their patients. This is particularly true inthe closed and isolated environment of prisons, where human rights abuses occur withimpunity and where health workers are sometimes the first witnesses of such violations.xviii

Protecting the rights of the prison population imposes innovative thinking inspired first bypatients needs and expectations. The accumulated experiences of prison medicine couldplay a complementary role in documenting situations that could lead to health policy reforms.The systematic screening of violence at prison entry which explores violence experiencedby detainees during arrest or incarceration (violence expert testimony evaluation) is a goodexample of how organized epidemiologic and clinical information collection could be used todefend prisoners rights and improve prison practice.xix Such operational research, usingequity as its conceptual lens, offers a means of monitoring the relevance andresponsiveness of clinical activities in such settings.

Prisoners are more likely to be in a bad state of health when they enter prison and havetherefore more health-related needs, and higher consumption of health services, than thegeneral population.xx Caring the prisoners reflect the values the state and the society in theform of justice and solidarity.

Guaranteeing Prisoners should highlight (1) Separation of power between the judicial systemand medical professionals. There should be proper medical cadre dedicated to service forthe prisoner, including psychologists and psychiatrics; (2) specialized training programmesfor the prison staff with focus on priority on humanitarian law and rehabilitation.; (3) athrough medical profiling of the prisoner at the time of entering and leaving the prisoner; and(4) compulsory medical insurance of the prisoner.

In a country like India where policy makers and politics juggle their priority for providinghealth care to its vast population within the available resources, need of victim of torture isoften considered synonym with basic health requirement. The medical curriculum does notprioritise comprehensive rehabilitation of a victim. Neither the society is sensitised for that.Many health care workers underestimate the value of treatment.xxi


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Despite criticism NHRC has provided landmark directives on Right to Health. It is time thatNHRC makes a assessment of the trauma and psychological suffering of the victims oftorture and detainees. Its opinion would matter a lot and possibly help in opening newhorizons of hope for the victims of torture.

Conclusion

Political consensus should be built to create provisions for legislative resilience, institutionalreliability, and social reconciliation. World wide there are examples to prove that violenceperpetrated by the state in peacetime or during an extra ordinary situation has failed to winthe trust of its own people. There is no need to justify that violence wins hearts. Politics ofthe state is responsible for prevalence of a peaceful situation as well as situation ofemergency. Proportion of torture is directly proportional to the degree of alienation. Misuseof law enforcement agencies for political gain is as dangerous as the willingness of theformer to be misused by the later for protection and indulging in unlawful activities. Thevalues and rights of the constitution do not match with the procedural guarantees laid out by

the legislatures and implemented by the administration. This needs urgent correctivemeasures before the victims lose their trust in the constitutions for being denied justice. It isdifferent matter that dalitsdespite facing atrocity in every eight minutes in this country havenot revolted perhaps because they still have trust in the constitution drafted by Dr Ambedkar.They do not find problem with the constitution but see biasness in its interpretation andimplementation, rightly so.

Nation building does not happen by showing the map of India. Peoples alienation from this

process on the ground of denial of justice and well-being due to absence of political

environment will bring dangerous consequences. Everyone in this country should see and

realise that justice is done. And for that our men in khadixxiiand khakixxiii need to do serious

thinking.

(This Article is written by Dr Mohanlal Panda, Ph.D, Jawaharlal Nehru University, New Delhi.

Presently, he is working with Peoples Vigilance Committee on Human Rights (PVCHR) as an

Advisor and Advocacy Consultant. PVCHR is a Varanasi, Uttar Pradesh based Human Rights

Organisation.)

iInger Agger, Lenin Raghuvanshi, Sirin Shabana Khan, Peter Polatin, Laila K Laursen, Testimonial Therapy: A

pilot project to improve Psychological wellbeing among survivors of torture in India, Scientific Article, Torture

Volume 19, November 3, 2009.

ii

Lenin Raghuvanshi, Shirin Shabana Khan, Giving Voice: Using testimony as a brief Therapy Intervention inPsychological Community work for Survivors of Torture and Organised Violence, June, 2008

iiiwww.pvchr.net,www.testimonialtherapy.org,http://wideanglesocialdevelopment.blogspot.com

ivwww.detentionwatch.blogspot.com

vVivien Stern, A Sin against the Future: Imprisonment in the World, Penguin Books, London, 1998

viAlain Aeschlimann, Protection of Detainees: ICRC action behind bars, in the Booklet Detention, International

Review of the Red Cross, Volume 87, Number 857, March 2005

vii

Alain Aeschlimann, Protection of Detainees: ICRC action behind bars, in the Booklet Detention, InternationalReview of the Red Cross, Volume 87, Number 857, March 2005).
http://www.pvchr.net/http://www.pvchr.net/http://www.pvchr.net/http://www.testimonialtherapy.org/http://www.testimonialtherapy.org/http://www.testimonialtherapy.org/http://wideanglesocialdevelopment.blogspot.com/http://wideanglesocialdevelopment.blogspot.com/http://wideanglesocialdevelopment.blogspot.com/http://www.detentionwatch.blogspot.com/http://www.detentionwatch.blogspot.com/http://www.detentionwatch.blogspot.com/http://www.detentionwatch.blogspot.com/http://wideanglesocialdevelopment.blogspot.com/http://www.testimonialtherapy.org/http://www.pvchr.net/


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viiiS.S. Srivastava, Criminology Criminal Administration. Allahabad: Central Law Agency, 2007

ixhttp://www.huridocs.org/

x Douglas A. Johnson and Steven H. Miles, As Full Rehabilitation as Possible: Torture Survivors and the Right

to Care, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book,

Vol:3, 2009, Page 217.

xi Dr. Jose Quiroga and Dr. James M. Jaranson, Politically-Motivated Torture and Its Survivors: A Desk Study

Review of the Literature, in 15(23) Torture: Journal on Rehabilitation of Torture Victims and Prevention of

Torture (Copenhagen: International Rehabilitation Council for Torture Victims (IRCT), 2005. See also

www.irct.org.)

xii http://www2.ohchr.org/english/law/cat.htm

xiii

These include: The Standard Minimum Rules for the Treatment of Prisoners (1977); Additional Protocols tothe Geneva Conventions of 1949 (1979); the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment (1988); International Covenant on Economic, Social and Cultural Rights as

elaborated in General Comment No. 14 (2000); the Rome Statute of the International Criminal Court (2002);

the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of

International Human Rights Law and Serious Violations of International Humanitarian Law (2005); and the

Convention on the Rights of Persons with Disabilities, 2007.

xivSlim Slama, Hans Wolff and Louis Loutan, The Right to Health in Prisons: Implications in a Borderless World,

Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book, Vol:3, 2009

xvThe status of ratification of the Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment is available athttp://www2.ohchr.org/english/bodies/ratification/9_b.htm.

xvi(Under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment, CPT delegations have unlimited access to places of detention. They also have the right to

unrestricted access inside secure units and can interview detainees in private. The last periodic visit (5th visit)

to Switzerland took place in autumn 2007. It was one of 11 that the CPT undertook in 2007. Other countries

include Spain, the Netherlands, Croatia and Moldova. After each visit, the CPT sends a confidential report

containing its conclusions and recommendations to the country concerned. Preliminary observations by the

CPT after its last visit to Switzerland are accessible athttp://www.cpt.coe.int.

xvii

Lars Mller, Heino Stver, Ralf Jrgens, Alex Gatherer and Haik Nikogosian (eds.) Health in Prisons: A WHOGuide to the Essentials in Prison Health (Copenhagen: WHO Regional Office for Europe, 2007), available at

http://www.euro.who. int/document/e90174.pdf

xviiiSlim Slama, Hans Wolff and Louis Loutan, The Right to Health in Prisons: Implications in a Borderless

World, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book,

Vol:3, 2009

xixDominique Bertrand, Laurent Subilia, Daniel S. Halprin, Romano La Harpe, Jean-Marc Reymond, Donatella

Bierens de Haan, Louis Loutan, Victims of Violence: Importance of Medical Testimony for the Practitioner

87(12) Praxis (1997), at 417420.

xxJean-Marc Feron et al., Substantial Use of Primary Health Care by Prisoners: Epidemiological Description

and Possible Explanations 59Journal of Epidemiology and Community Health (2005) at 651 655; Tom
http://www2.ohchr.org/english/law/cat.htmhttp://www2.ohchr.org/english/law/cat.htmhttp://www2.ohchr.org/english/bodies/ratification/9_b.htmhttp://www2.ohchr.org/english/bodies/ratification/9_b.htmhttp://www.cpt.coe.int/http://www.cpt.coe.int/http://www.cpt.coe.int/http://www.euro.who/http://www.euro.who/http://www.euro.who/http://www.cpt.coe.int/http://www2.ohchr.org/english/bodies/ratification/9_b.htmhttp://www2.ohchr.org/english/law/cat.htm


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Marshall, Sue Simpson, Andrew Stevens, Use of Health Services by Prison Inmates: Comparisons with the

Community 55Journal of Epidemiology and Community Health (2001), at 364365.

xxi Douglas A. Johnson and Steven H. Miles, As Full Rehabilitation as Possible: Torture Survivors and the Right

to Care, Realizing the Right to Health (Ed), Andrew Clapham and Mary Robinson, Swiss Human Rights Book,

Vol:3, 2009, Page 215.

xxiiMeaning: Politicians in general and Elected representatives in particular

xxiiiMeaning: Police and other Security forces

Documents

TORTURE, TESTIMONIES OF SURVIVORS AND RIGHT TO HEALTH