From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, 14 Feb 2012 08:55:58 +0530
Subject: Fwd: INDIA: Rotten corpses symbolise a fallen system
To: MASUM <masumindia@gmail.com>
Please raise your voice
Kirity
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From: AHRC News <listadmin@ahrchk.net>
Date: 14 February 2012 06:47
Subject: INDIA: Rotten corpses symbolise a fallen system
To: masumindia@gmail.com
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*FOR IMMEDIATE RELEASE*
AHRC-STM-030-2012
February 14, 2012
*A Statement from the Asian Human Rights Commission*
*INDIA: Rotten corpses symbolise a fallen system*
<https://www.youtube.com/watch?v=vSztcFa1p64>Rotten and maggot-ridden
corpses lie scattered in compounds; dogs, crows and other rodents run
around with human body parts; tables made of broken wooden planks where
putrefied human bodies are cut open by Doms (members of a Dalit community
known in India for dealing with dead bodies) with crude tools like a chisel
or nail hit hard with bricks used as hammer; human viscera samples lying in
unsealed unmarked bottles and plastic containers, with its contents half or
completely decayed. These are some of the blood chilling and appalling
conditions of what in India is termed a forensic examination. The Banglar
Manabadhikar Suraksha Mancha (MASUM) and the Asian Human Rights Commission
(AHRC) has been for the past decade reporting that the facilities for
forensic examination in India is so appalling that the process today in
most parts of the country is nothing less than an inhuman, unscientific and
manipulative process that serves no purpose, in law or for science.
A video documentary prepared by MASUM on autopsy procedures in the states
of West Bengal, Orissa, Chhattisgarh and Bihar, which is released today, is
available here <https://www.youtube.com/watch?v=vSztcFa1p64>. The shameful
condition of the state of affairs followed in the process is so pathetic
that it symbolises a rotten criminal justice system that no country could
ever tolerate as long as it tries to uphold the rule of law. The process
documented negates every conceivable excuse, acceptable in administrative
process or in law or for that matter in science.
A forensic examination is an inevitable part of criminal jurisprudence and
investigation. The documentary sheds light into the indisputable and
alarming fact that a proper forensic examination is almost non-existent in
the country and further that the entire process is open for manipulation at
all levels. The fact that more than 60 percent of the country's 1.2 billion
strong population cannot expect - should they be unfortunate that their
body be subjected to a forensic examination due to death from unnatural
causes - that a proper procedure acceptable in law and science would be
undertaken is as alarming as such a procedure does not exist in the
country. What they could expect is their body be left to rot for days, if
not weeks, and cut open by a Dom in such inhuman manners in perhaps an open
ground near a broken shed what is called a mortuary building. What their
relatives could expect is the left over of such crude dissection and parts
of human remains left over by dogs and other natural scavengers, in a
putrefied or horrifying form.
The entire process documented from the four states named above also shows
the criminal disregard of the government to the entire process to what in
many parts of the world is considered as a specialised science. The issue
attracts a high level of attention given the fact that in India the number
of extrajudicial executions and other forms of custodial deaths are on the
increase during the past decade. It is shocking to realise that these
reports prepared by doctors, who often do not see the dead body is one of
the important documents and opinion the courts would depend to acquit or
convict a person.
The National Human Rights Commission (NHRC) has issued specific guidelines
on post mortem examination procedures to be followed in cases of custodial
deaths. The guidelines require the autopsy procedures be video recorded.
Had the NHRC been on receipt of such videos, and had they bothered to view
them, the deplorable practices as depicted in the documentary could have
been checked to a certain extent. Though the post mortem report is treated
as an 'expert opinion' in a court of law during trial, the majority of
these reports are prepared by medical officers of specialisation, including
but not limited to a general medicine, ophthalmology, gynaecology, a
paediatrician or a psychiatrist, none of them having expertise in forensic
examination. In majority of cases these doctors are reluctant to perform
the post mortem examination.
The documentary further throws light upon the despicable practice of
caste-based-discrimination in India, where only a particular denomination
of the Dalit community - the Doms - are forced to do the inhuman process of
ripping apart a dead human. In many parts of the country where caste based
prejudices are still strong the Doms find it impossible to find any other
job or their children seek and obtain proper education. Doms are positioned
in lowest tier of the caste hierarchy having disposal of the dead as their
caste-based job. Due to their socio-economic vulnerability they are engaged
in some of the most menial jobs. Assisting in mortuaries is one such job.
The process also sheds light into the fact that in many states, the police
is provided with a paltry amount of Rupees 70 per body for its entire
handling.
With autopsy processes as depicted in the documentary, no justice could be
expected through the country's criminal justice process. At the moment it
is a mere formality, executed in some of the most inhuman and crude forms,
which not only makes a mockery of science and law, but also is a complete
disrespect to humanity. MASUM and the AHRC is convinced that unless an
immediate change is brought into the present practices as shown in the
documentary of what is called in the country as a forensic examination, no
matter what improvement is brought into the criminal justice process,
justice will remain a phantom limb in India.
*For information and comments contact:
In Hong Kong:**Bijo Francis**Telephone: +852 - 26986339
Email: india@ahrc.asia, southasia@ahrc.asia*
*In India:**Kirity Roy, Secretary**Banglar Manabadhikar Suraksha Mancha
(MASUM)*
*Telephone: + 91 - 990309969
Email: kirityroy@gmail.com*
Read this statement
online<http://www.humanrights.asia/news/ahrc-news/AHRC-STM-030-2012/>
# # #
*About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation that monitors human rights in Asia, documents
violations and advocates for justice and institutional reform to ensure the
protection and promotion of these rights. The Hong Kong-based group was
founded in 1984.*
*Visit our new website with more features at www.humanrights.asia.*
*You can make a difference. Please support our work and make a
donation here<http://www.humanrights.asia/get-involved/donate>.
*
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--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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