Socialist Party (India), Telangana State deplores the present conditions of desperateness on one end and impunity on the other, as an outfall of a systemic failure of not allowing the law to take its course fairly, on the perpetrators of terror, crime and hate. It is time people shout out that government, institutions, governmental agencies, judiciary and all who break the law and undermine constitution are just unacceptable.
Union Ministry of Women and Child Affair, UP Chief Minister, UP Home Minister, UP, Ministry of Women and Child Affairs, J&K Chief Minister, J&K Home Minister, J&K, Ministry of Women and Child Affairs, Election Commission of India, National Women Commission, UP State Women Commission, J&K National-State Child Protection, Committee are conspicuously not justifying their existence.
We now have the following to state :
1. We endorse the open letter from 49 ex-civil servants as carried by TheWire here: https://thewire.in/politics/narendra-modi-open-letter-kathua-unnao. Governments to seek forgiveness on behalf of India with Kathua girl child’s family and Unnao survivor and family.
2. According to section 29 of The Representation of the People Act, 1951 (5) ‘The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would
uphold the sovereignty, unity and integrity of India.’
Hence Election Commission should frame rules that enable it to issue notices and take action when political party members stray away from the allegiance given to the Election Commission. EC Rules should also contain the selection criteria of political parties when the selection of contesting candidates and nominating candidates.
According to the Association for Democratic Rights, 334 candidates analysed, who had cases related to crimes against women declared against them, were given tickets by recognised political parties. Among these, 51 MPs/MLAs with declared cases related to crimes against women, 48 are MLAs and three are MPs. Of these, maximum (14) belonged to Bharatiya Janata Party, followed by their biggest ally at the Centre Shiv Sena, whose 7 elected representatives had these charges levelled against them. Statewise,
Maharashtra had the highest number of MPs/MLAs (12) charged with crimes against women, followed by West Bengal (11), and Odisha (six).
https://adrindia.org/content/51-mps-mlas-face-charges-crimes-against-women-adrreport
It is imperative that all political parties declare their selection criteria, and to what crimes are condoned by parties for ‘winnability’.
3. BJP National President to promptly suspend the MLA involved in raping the Unnao minor, and issue show cause notices and take explanations from MLAs involved in protesting charge sheet of accused in Kathua girl-child case, from the primary membership of their party, pending investigations.
4. As the Kathua heinous crime has strong communal tones as well as class belligerence, the Government of India should bring in policy and rules that allow it to take action against such acts.
5. Government of India to promptly, in consultation with all political parties and civil society, declare its proactive steps to stem the slide in social trust and harmony and uphold the values and ethos of our constitution and humanity.
6. Government of India, Government of Uttar Pradesh, Government of J&K, and all state governments must declare their action plans so that such heinous crimes and assaults on women happen NEVER AGAIN.
7. Unnao survivor to be given full security, promptly given psycho-social support and counselling so that no extreme step is taken by the survivor. She should be assured/given a government job and all educational/entrepreneurial support.
8. Kathua victim of Bhakarwal community’s house is locked and many have fled. J&K government to bring them back and give them full security, psycho-social support and complete assistance in their occupations. Ensure that rule of law prevails and not the belligerence of dominant class and community.
9. Kathua case where Police charge sheet has clearly mentioned ‘whatever surfaced in the course of investigation leads to the irresistible conclusion that’ crimes of kidnapping, illegal detention, rape, murder, causing disappearance of evidence have been committed; and, Unnao case of MLA arrested for rape and father of rape survivor custodial death, be now taken up in fast track and judgement delivered within the shortest time.
10. Full protection to be given to Advocates and Officials who have taken up cases of Unnao and Kathua.
11. Reports of Bhaskar Rao commission appointed by then AP govt relating to firing after Makkah Masjid blast in 2007, and, the report submitted by Commissioner Adv L Ravichander appointed by AP State minorities Commission, should be placed in the public domain and placed in the Assembly by the Government of Telangana, for analysis and action.
12. Government of India and NIA Telangana to appeal against the Makkah masjid blast verdict. Government of Telangana to write to Government of India to appeal against the NIA Court order of 16 April 2018 acquitting all accused. This order leaves serious and basic questions unanswered as to who then committed the heinous terror crime. Rule of law and trust of people in law and courts has to be restored.
Shri Mutyalu Yadav, President, Socialist Party (India), Telangana State,
Shri Gopal Pathange, Vice-President, Socialist Party (India), Telangana State, Adv Jaya Vindhyala, Chairman-Legal Cell, Socialist Party (India), Telangana State & President, PUCL-TS, and Dr Lubna Sarwath, General Secretary- Socialist Party (India), Telangana State
