Binayak Sen

Dr. Binayak Sen
Dr. Binayak Sen in Mumbai, 2009

Binayak Sen is a pediatrician, public health specialist and national Vice-President of the People's Union for Civil Liberties (PUCL) based in Chhattisgarh state, India. Sen is the winner of the tenth annual Jonathan Mann Award for Global Health and Human Rights, and the first winner from India and South Asia. Sen is noted for extending health care to the poorest people, monitoring the health and nutrition status of the people of Chhattisgarh, and as an activist defending the human rights of tribal and other poor people. In May 2007, he was detained for allegedly violating the provisions of the Chhattisgarh Special Public Security Act 2005 (CSPSA) and the Unlawful Activities (Prevention) Act 1967. His detention has been declared in breach of international law by Amnesty International. His trial commenced on 30 April 2008. On 21 October 2008 he made a public appeal and proposal for peace in South Bastar. The Supreme Court of India on 25 May 2009 granted him bail.

The reasons for denying bail have also raised a storm. Sen is accused of non-bailable offences, and the special laws he has been booked under don’t affect his bail rights. Sen first applied for bail before the Raipur Sessions Court and then the Chhattisgarh High Court in July 2007, soon after his arrest.

Career

Sen helped to set up the Chhattisgarh Mukti Morcha's Shaheed Hospital, which is owned and operated by a workers' organization. Sen and his wife, Ilina Sen, are the founders of Rupantar, a community-based nongovernmental organization that has trained, deployed and monitored the work of community health workers spread throughout 20 villages. Rupantar's activities include initiatives to counter alcohol abuse and violence against women and to promote food security. Sen is an advisor to Jan Swasthya Sahyog, a health care organization committed to developing a low-cost, effective, community health programme in the tribal and rural areas of Bilaspur district of Chhattisgarh. He was also a member of the state advisory committee set up to pilot the community based health worker programme across Chhattisgarh, later known as the Mitanin programme. He contributes to a weekly clinic in a tribal community. Doctors across India have started holding free clinics for the poor in tribute to Sen and to peacefully campaign for his release.

Awards and honours

Sen was the recipient in 2004 of the Paul Harrison award for a lifetime of service to the rural poor. This award is given annually by the Christian Medical College in Vellore, India to its alumni.

Sen was awarded the R.R. Keithan Gold Medal by The Indian Academy of Social Sciences (ISSA) on 31 December 2007. The citation describes him as "one of the most eminent scientists" of India. "The award is for his outstanding contribution to the advancement of science of Nature-Man-Society and his honest and sincere application for the improvement of quality of life of the poor, the downtrodden and the oppressed people of Chhattisgarh." His "suffering and personal risk" would inspire scientists as well as the general public for a very long time, according to the citation.

Sen was selected for the Jonathan Mann Award for Global Health and Human Rights in 2008. The Global Health Council issued a public statement, "Dr. Sen's accomplishments speak volumes about what can be achieved in very poor areas when health practitioners are also committed community leaders. He staffed a hospital created by and funded by impoverished mine workers, and he has spent his lifetime educating people about health practices and civil liberties—providing information that has saved lives and improved conditions for thousands of people. His good works need to be recognized as a major contribution to India and to global health; they are certainly not a threat to state security."

Human rights and peace

Sen is the National Vice-President of the People's Union for Civil Liberties (PUCL) and General Secretary of its Chhattisgarh unit.

In his PUCL capacity, he has helped to organize numerous fact finding missions into human rights violations. He participated in investigations which drew attention to severe human rights violations including murder of unarmed and demonstrably innocent civilians, by Salwa Judum. Sen has been noted for his advocacy of peaceful methods: in an interview with reporter Purnima S. Tripathi of the magazine Frontline in March 2006, he said of the violence in Chhattisgarh: "These senseless killings are unfortunate and must stop and both sides should sit down to talk and find a way to peace.".

In a recorded statement immediately preceding his arrest, Sen said, "For the past several years, we are seeing all over India - and as part of that in the state of Chhattisgarh as well - a concerted programme to expropriate from the poorest people in the Indian nation, their access to essentials, common property resources and to natural resources including land and water... The campaign called the Salwa Judoom in Chhattisgarh is a part of this process in which hundreds of villages have been denuded of the people living in them and hundreds of people - men and women - have been killed. Government-armed vigilantes have been deployed and the people who have been protesting against such moves and trying to bring before the world the reality of these campaigns - human rights workers like myself - have also been targeted through state action against them. At the present moment the workers of the Chhattisgarh PUCL (People's Union for Civil Liberties) the Chhattisgarh branch, of which I am General Secretary, have particularly become the target of such state action; and I, along with several of my colleagues, are being targeted by the Chhattisgarh state in the form of punitive action, illegal imprisonment. And all these measures are being taken especially under the aegis of the Chhattisgarh Public Security Act."

On 31 March 2008, a Supreme Court of India bench comprising Chief Justice K. G. Balakrishnan and Justice Aftab Alam declared: "The allegation is that the state is arming private persons. You can deploy as many police personnel or armed forces to tackle the menace. But, if private persons, so armed by the state government, kill other persons, then the state is also liable to be prosecuted for abetting murder." The bench was hearing a Public Interest Litigation (PIL) filed by sociology professor Nandini Sundar, historian Ramachandra Guha and retired senior IAS officer E. A. S. Sarma. They have sought a series of directions — withdraw state support to Salwa Judum, probe their excesses, register First Information Reports (FIRs) relating to crimes committed by Judum activists and compensate and rehabilitate those who suffered at their hands.

On 1 May 2008, the report of an Expert Group to the Government of India's Planning Commission stated: "Encouragement of vigilante groups such as Salwa Judum and herding of hapless tribals in make-shift camps with dismal living conditions, removed from their habitat and deprived of livelihood as a strategy to counter the influence of the radical left is not desirable. It delegitimizes politics, dehumanizes people, degenerates those engaged in their ‘security’, and above all represents abdication of the State itself. It should be undone immediately."

In a 2008 interview, Sen said: "I don’t condone the Naxals. I don’t approve of their violent methods. In fact, I’ve spoken strongly against them several times. I’d like to say three things. First, this case has no basis and I want it to end as soon as possible. I’m 58 years old, I haven’t given my family much attention all these years, I want to spend time with my wife and children. Second, Salwa Judum has to end. It has created a split in the tribal community. It will take a long time for the rift to heal. Third, establishing peace should be the first priority. I think we need to work to bring all parties to the negotiating table. It is the first thing I will work towards after I get out of here."

Arrest

On 14 May 2007, Sen was arrested under the Unlawful Activities (Prevention) Act and the Chhattisgarh Special Public Security Act. He arrested in Chhattisgarh's Bilaspur town on charges of acting as a courier between jailed Maoist leader Narayan Sanyal and businessman Piyush Guha, also accused of having links with Maoists.

On 16 May 2007, Amnesty International issued a call to the Government of Chhattisgarh to "immediately release Dr. Sen unless he is charged with a recognizable criminal offence and take urgent steps to end the harassment of the other human rights defenders in the state."

On 7 June 2007, a submission from Sen's wife, Ilina Sen, to the National Human Rights Commission states that no "chargesheet" against Sen has been filed so far. The submission states that their work "has always been in the public sphere and completely overboard [above board] for the last 20 years and more." It protests "the malafide intent of the state of Chhattisgarh in first identifying its victims, and then seeking to build up concocted cases against them." The submission apprehends a campaign of "media vilification" against Ilina Sen. A special investigating team is stated to have visited the home of Ilina Sen's mother in Kolkata, enquiring about Ilina's antecedents.

Noam Chomsky and several other prominent figures issued a press statement dated 16 June 2007 alleging that "The fake encounters, rapes, burning of villages and displacement of adivasis [indigenous tribals] in tens of thousands and consequent loss of livelihoods have been extensively chronicled by several independent investigations. Dr Sen's arrest is clearly an attempt to intimidate PUCL and other democratic voices that have been speaking out against human rights violations in the state."

On 20 June 2007 a delegation from the PUCL met the Chief Minister (CM) of Chhattisgarh state. They objected to Sen - as a human rights defender, office-bearer of the People's Union for Civil Liberties and medical doctor - being made a co-accused in crimes alleged to be committed by the jailed extremist Narayan Sanyal.

The Chief Minister raised the issue of Dr. Sen's meetings with the jailed Narayan Sanyal and the delegation told him that these visits were for the "medical treatment of Narayan Sanyal and also regarding his legal case. Most important, all these visits took place in the Raipur jail, following procedures laid down in the jail manual." The delegation also explained to the CM that "human rights organizations represent a middle ground which make it possible for opposing forces to dialogue with each other... if human rights defenders are actively persecuted, then it leads to a situation where the state and opposing forces have no scope for dialogue and both have to take to the path of confrontation."

The PUCL delegation raised objections with the Chief Minister about the analysis of Sen's computer in the absence of Sen’s advocate and the independent court-appointed witness which they said could have offered the chance to tamper with evidence. The court had ordered on 22 May 2007 that both these observers should be present during the examination of Sen's computer.

On 31 August 2007 the Supreme Court of India issued notice to the Chhattisgarh government on a petition seeking Sen's release from alleged illegal detention. A bench of Justices Ashok Bhan and V. S. Sirpurkar sought a response from the Chhattisgarh government after senior counsel Soli Sorabjee claimed that Sen was illegally detained since 14 May on fabricated charges of supporting Naxalites.

The same report stated that the Director General of Police (DGP) in Chhattisgarh had conceded Sen's peaceful approach. However, the DGP rejected the suggestion that Sen had been arrested for criticising crimes such as extrajudicial killings in staged "fake encounters". The DGP has stated his belief that "Dalits movements, women empowerment movements, human rights movements, environment protection movements" are all suspect because Maoists want to penetrate and hijack "movements not linked with CPI (Maoist)."

He was kept in solitary confinement during the period from March 15 to April 11, 2008,Prison authorities claimed that it was for his security.

The Global Health Council and several prominent global health organizations issued a statement of support for Sen, requesting that Indian authorities assure the restoration of due process, and find the means to allow the doctor to receive his award in person in Washington, D.C. on 29 May 2008, at the 35th Annual International Conference on Global Health. "His good works need to be recognized as a major contribution to India and to global health; they are certainly not a threat to state security", according to the Council.

Sources at Chhattisgarh police headquarters are reported to have said that they rely on certain electronic documents to establish a link between Sen and Maoists. Girdhari Nayak, inspector general of police in Chhattisgarh is reported to have said "I only know the police are committed to ensure punishment for Sen, who has been charged with conspiracy, treason and anti-national activities."

"A public statement of support from several leading health organizations including the Harvard School of Public Health and Harvard Medical School declares: "We, the undersigned organizations, wish to convey to the relevant authorities in the government of India and state of Chhattisgarh our sincere pleasure in announcing that a citizen of India, Dr. Binayak Sen, has been selected to receive the prestigious Jonathan Mann Award for Health and Human Rights for 2008... We would also like to convey our concern and dismay that Dr. Sen remains imprisoned, after nearly one year without trial, on allegations that he passed notes from a rebel leader whom he treated in jail to a person outside the prison. Dr. Sen has denied all wrong doing and nothing in his character or history, as a dedicated community leader who has urged a peaceful settlement to this conflict for years, would support the accusations made against him. These allegations have not been substantiated or proven and have prevented Dr. Sen from providing his much-needed health services to the poor in his area, as well as his community leadership activities as an officer of the People's Union for Civil Liberties. We kindly request that the relevant government authorities at the state and national levels address this case fairly and swiftly and consider fully the tremendous contributions that Dr. Sen has brought not only to communities in Chhattisgarh, but to all of India and to the world."

"We request that means be found to release Dr. Sen to attend the 35th Annual International Conference on Global Health in Washington, D.C., where he has been invited to receive the Jonathan Mann Award for Global Health and Human Rights in person on May 29, 2008... Dr. Sen's attendance at the awards' ceremony on May 29 will not, in our opinion, jeopardize the judicial process in India, a country that prides itself as the world's largest democracy where human rights and the rule of law are respected and practiced, and we urge you to make this possible."

In an interview with NDTV following the Award, Sen's wife Ilina revealed that he has been isolated from the world during his year of imprisonment, with access to only one newspaper which is pro-government. The NDTV feature also depicts Sen declaring, "I did not do anything in secret. Whatever I did was in the cause of human rights." Ilina Sen said that even when Sen knew that his arrest was coming, he returned to Chhattisgarh. "We are law abiding people", she said, and expressed the hope that the government would make it possible for Sen to receive his award in Washington.

On 29 April 2008, Human Rights Watch in New York issued a public statement regarding the trial of Sen due to begin in Raipur on 30 April 2008: "the district court’s limit of one supporter of the defendant at the trial is unnecessarily restrictive and raises broader concerns about the fairness of the trial."

Trial

Next day on 15 May, 2007, he was presented before a local court where he was denied the bail and was remanded to judicial custody. On May 18, 2007, Sen was produced in the Sessions Court, Raipur, Court ordered a search of Sen's house at Katora Talab in Raipur in presence of independent witnesses and his wife, Ilina Sen. The search was conducted lawfully the next day.

On 22 May, Binayak Sen was presented before the Sessions Court at Raipur along with the naxalite leader Piyush Guha. The Court extended the judicial remand of Binayak Sen till 5 June and ordered for the search of the computers and other documents of Binayak Sen.

On 25 May, Lawyers of Binayak Sen again approached the Court for the bail of Binayak Sen but it was again denied as the Chhattisgarh Police claimed that he was a threat to the security of the State. .

May 26-June 4, 2007: Being upset by the Court’s order the supporters of Binayak Sen organised a series of rallies in the various parts of the countries in the cities like Raipur, Delhi, Kolkata, Mumbai London, Boston and New York etc. Various delegations of physicians and human rights activists meet chief secretary and law secretary to appeal for Sen's release. The people who were against the bail to Binayak Sen claimed that the People who took part in this rally were not well versed with the workings of Binayak Sen and that they are not aware of the burning problem of the Chhattisgarh and the other Indian states i.e. the Naxalism.

June 6-June 11, 2007: Sen's computer was analysed by the Central Forensic Science Laboratory (CFSL), Hyderabad under the orders of the Session’s Court.

On 23 July, lawyers of Binayak Sen approached the High Court of Judicature of Chhattisgarh at Bilaspur with the bail plea of his. But the High Court refused to grant any relief to Binayak Sen and denied him the bail. Police claimed that they had got incriminating evidences against Binayk Sen from his hard disc belonging to him.

On August 3, 2007, Chhattisgarh Police filed charge-sheets under the Chhattisgarh Special Public Security Act and Unlawful Activities (Prevention) Act in the court of Additional Chief Judicial Magistrate Satyabhama Dubey against Sen.

On 2 November 2007 a Court in Raipur, Chhattisgarh, ordered the Prosecution to hand over to Sen the DVD copy of his computer's CPU, which they had been refusing to do on the pretext that it was "not a document".

On December 10, 2007, The Supreme Court dismissed his bail petition. A Bench comprising Justices Ashok Bhan and D K Jain refused to accept Sen's plea, at this stage, that he was only an activist of Peoples Union for Civil Liberties (PUCL) and was in no way connected with the banned outfit CPI-ML. "Sorry, we do not agree with you," the Bench told Sen's counsel Rajeev Dhavan, while dismissing his petition. Dhavan earlier pleaded that there was no evidence to suggest that he was involved in naxal activities. Disagreeing with his submission, the Bench said "You are emphasising too much on PUCL. This does not mean that you are immune". "This also does not mean your are not associated with banned activities," the Bench observed. Sen has contended that he was arrested on fabricated charges of alleged links with naxalites. 'A section of people were carrying demonstration in various parts of the country since Sen was arrested in May. But we know how strong association he had with the Maoists and have documentary evidences which will soon be brought up before the special court at Raipur where a chargesheet has already been filed against him before a chief judicial magistrate,' a senior police official told IANS. Police say Sen met 70-year-old Sanyal, 33 times in Raipur jail though all the visits were with prior police permission.

The Government of India led by the Indian National Congress which is the opposition party in the state of Chhattisgarh reacted strongly to international appeals for the release of Dr Binayak Sen. Senior government sources have told Times Now Binayak Sen is not absolved of his involvement with Naxals. The Court has taken a decision on Sen's bail and now the State Government is the final authority. However, the Government feels that the issue around Dr Binayak Sen is a well orchestrated campaign and just because he is selected for a western award, doesn’t make him less guilty in their view. The Ministry of Home Affairs (MHA) said that the State Government is right in opposing Dr Sen's appeal.

"Why would the prosecution register a case against him if there was no evidence of his involvement (with the Maoists)," the government's chief spokesman N. Baijendra Kumar told AFP by phone from state capital Raipur. "Around 270 of our policemen have been killed by these rebels. Nobody talks about their human rights violations," said a senior state government official who did not want to be identified.

March 15-April 11, 2008: Sen kept in solitary confinement. Prison authorities claim it is for his security. On April 21, 2008, He was awarded Jonathan Mann Award by the Global Health Council.

The trial against Binayak Sen began in the trial court in Raipur on May 30, 2008.

On August 11, 2008, Second bail petition was filed in the Chhattisgarh High Court in Bilaspur.

On May 4, 2008, Supreme Court issued notice to Chhattisgarh government on Sen's bail plea. It asked the state government to provide "best medical aid" to Sen, who is suffering from a heart ailment.

On May 25, 2009: Binayak Sen was finally granted bail by a vacation bench of the Supreme Court comprising Justice Markandey Katju and Justice Deepak Verma as his health conditions were deteriorating .

Rajendra K. Sail, state president of PUCL, is reported to have said: "The Chhattisgarh government will get exposed before the world soon for targeting human rights activists, mainly from PUCL, under the cover of black laws such as the CSPSA (Chhattisgarh Special Public Security Act, 2006), for carrying out campaign against fake civilians encounters, arrests and committing crimes against humanity through Salwa Judum. I have maintained since Sen's arrest last May that the Chhattisgarh government has no evidence against him. We challenge the government to bring charges against him under the Criminal Procedure Code and not hide behind the black laws."

However such statements have been denied by the Chhattisgarh state government.

Evidences against Binayak Sen

• A post-card dated 3.6.2006 written to Dr. Binayak Sen by the CPI (Maoist) leader, Sri Narayan Sanyal lodged at the Raipur Central Jail, regarding his health as well as legal case, which is duly signed by the Jail authorities carrying the Seal of the Jail Authorities;

• A Yellow coloured booklet "ON THE UNITY BETWEEN CPI (Peoples' War) AND MAOIST COMMUNIST CENTRE" in Hindi.

• A Letter written by Madanlal Banjare (a member of the CPI- Maoist) from Jail addressed to "Priya Comrade Binayak Sen".

• A Xeroxed Article in English entitled: "Naxal Movement, Tribals and Women's Movement"

• A hand written photocopied note of 4 pages on "How to build an Anti-US Imperialist Front."

• Eight page Article entitled: "KRANTIKARI JANWADI MORCHA (ITF) ( REVOLUTIONARY PEOPLE'S FRONT) VAISHAVIKARAN AWAM BAHRTIYE SEVA KSHETRA; (Globalization and the Service Sector in India)

Reactions to arrest

Twenty-two Nobel laureates from around the world wrote to India's President and Prime Minister and Chhattisgarh state authorities. They said Sen should be allowed to travel to the US to receive the Jonathan Mann Award for Global Health and Human Rights. "We also wish to express grave concern that Dr Sen appears to be incarcerated solely for peacefully exercising his fundamental human rights," the letter said. This is "in contravention of Articles 19 (freedom of opinion and expression) and 22 (freedom of association) of the International Covenant on Civil and Political Rights - to which India is a state party - and that he is charged under two internal security laws that do not comport with international human rights standards," it added.

Protests against Sen's arrest have been led by prominent personalities such as Noam Chomsky, Nobel Prize winner Amartya Sen, Magsaysay Prize winner Aruna Roy, Booker Prize winner Arundathi Roy, retired judge Rajinder Sachar of the Delhi High Court, film maker Shyam Benegal, and many eminent medical professors and scientists in India, the USA, the United Kingdom, Australia, and beyond.

Many Indian human rights groups have protested the arrest.

On 24 May 2007, Amnesty International issued a Public Statement entitled: "India: Chattisgarh government detains human rights defender, refuses to arrest police officials suspected of involvement in unlawful killings of adivasis [indigenous tribes-people]."

On 7 June 2007, the British House of Commons published an Early Day Motion entitled "Arrest of Dr. Binayak Sen" supported by several Members of Parliament across party lines, including Diane Abbott (Labour), Peter Bottomley (Conservative), John Hemming (Liberal Democrat), Dai Davies (Independent, Wales), Mike Weir (Scottish NP), among others.

On 9 June 2007, the British Medical Journal published an article about Sen's arrest. It states that Ramesh Gopalakrishnan, of Amnesty International, offered the following comment to BMJ about the supposed charges: "These offences allow sweeping interpretations of criminal intent. Activists in India are arrested all the time on such charges, which give wide, arbitrary powers to police." The same BMJ article reports a protest, outside the Indian High Commission in London, whose organiser is quoted as saying, "Dr Sen is a champion of peace and fair play and an internationally respected medical doctor who has devoted his whole life to peaceful service of the poorest people. He should be released immediately."

The Wall Street Journal of 12 November 2007 carried an article about Sen entitled "Indian Unrest Ensnares a Doctor - 'Rights Activists' Such as Dr. Sen Caught in Middle", with a follow-up letter in the WSJ of 16 November 2007 entitled "Good Works, Bad Reward".

Doctors across India have started holding free clinics for the poor in tribute to the example of Sen and to peacefully campaign for his release.

Amnesty International on Friday (24 April 2009) joined a growing list of individuals and organisations that have called for the release of Binayak Sen. Amnesty described the charges against him as “baseless and politically motivated” and said his continued detention is in breach of international law.

Sen was granted bail on 25 May 2009 by the Supreme Court of India.

Government’s Reactions

The Government of India led by the Indian National Congress which is the opposition party in the state of Chhattisgarh reacted strongly to international appeals for the release of Dr Binayak Sen. Senior government sources have told Times Now Binayak Sen is not absolved of his involvement with Naxals. The Court has taken a decision on Sen's bail and now the State Government is the final authority. However, the Government feels that the issue around Dr Binayak Sen is a well orchestrated campaign and just because he is selected for a western award, doesn’t make him less guilty in their view. The Ministry of Home Affairs (MHA) said that the State Government is right in opposing Dr Sen's appeal.

"Why would the prosecution register a case against him if there was no evidence of his involvement (with the Maoists)," the government's chief spokesman N. Baijendra Kumar told AFP by phone from state capital Raipur. "Around 270 of our policemen have been killed by these rebels. Nobody talks about their human rights violations," said a senior state government official who did not want to be identified.

Raman Singh, the Chief Minister of Chhattisgarh State, who’s party was voted to power consecutively for a second time in the 2008 state elections said that it would be better if people talk about thousands of children being orphaned, women becoming widowed and a large number of people rendered jobless and homeless due to the naxal violence, instead of Binayak Sen at the national and international level. Clearly peeved at the demand for Sen&aposs release, Singh claimed that people talk about him more"in places like Delhi, Chennai, New York and Tokyo, but in the lanes and by-lanes of Chhatisgarh he is a non-issue".

See also

• People's Union for Civil Liberties (PUCL)

References

Zachariah, A and Bhattacharji, S. "Arrest of paediatrician and human rights activist Binayak Sen". The Lancet, 2007; 369(9580):2155

External links

• Free Binayak Sen Campaign Website
• 22 Nobel winners call for the release of Dr. Binayak Sen
• Medico Friends Circle Booklet on Dr. Binayak Sen
• Indian Journal of Medical Ethics Editorial: "Binayak Sen: redefining health care in an unjust society"
• CNN-IBN 30 minutes report
• News item on Sen's arrest
• The PUCL's condemnation of the arrest
• Amnesty International's public statement
• Expert Group's Report to Government of India's Planning Commission on "Development Challenges in Extremist Affected Areas"
• Savebinayak.org website
• Website for campaign to free Dr. Binayak Sen
• 2008 Jonathan Mann Award