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Binayak Sen

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Dr.
Binayak Sen
Dr. Binayak Sen in Mumbai, 2009
Born (1950-01-04) 4 January 1950 (age 74)
NationalityIndian
EducationMBBS and MD (Paediatrics)
Alma materCalcutta Boys' School, Kolkata and Christian Medical College, Vellore.
Occupation(s)Physician, Activist
Organization(s)People's Union for Civil Liberties (PUCL)
Taught at JNU Delhi for 2 years
Known forHuman rights activism
Criminal chargeSedition
Criminal penaltyLife imprisonment
SpouseIlina Sen
AwardsJonathan Mann Award for Global Health and Human Rights (2008)

Binayak Sen MBBS, MD; is an Indian pediatrician, public health specialist[1] and activist found guilty of sedition. He is the national Vice-President of the People's Union for Civil Liberties (PUCL).

Binayak Sen originally started working as a doctor extending health care to poor people in the rural-tribal areas of the Chhattisgarh state, doubling up as a human rights activist. While Sen has worked with the state government on health sector reform[2] he has also strongly criticized the government on human rights violations during the anti-Naxalite operations, while advocating non-violent political engagement.[3] In May 2007, he was detained for allegedly supporting the outlawed Naxalites, thereby violating the provisions of the Chhattisgarh Special Public Security Act 2005 (CSPSA) and the Unlawful Activities (Prevention) Act 1967.[4][5] The evidence presented against him included his meetings with the jailed Naxalite leader Narayan Sanyal and certain documents allegedly supporting his links with the Naxalites. Sen first applied for bail before the Raipur Sessions Court and then the Chhattisgarh High Court in July 2007, soon after his arrest[6], but was granted bail by the Supreme Court of India only on 25 May 2009.[7]

On 24 December 2010, the Raipur Sessions' Court found him guilty of helping the Naxalites, charged him with connections with a banned organization (though widely but incorrectly the charge is reported as treason) and sentenced him to life term.[8] The conviction was criticized by his supporters as politically motivated[9][10] and based on bogus evidence.[11][12] Sen is considered by Amnesty International to be a prisoner of conscience.[13]

Career as a doctor

Binayak Sen and his wife played key roles in the foundation of the set up the Chhattisgarh Mukti Morcha's Shaheed Hospital, which is owned and operated by a workers' organization and a community-based NGO called Rupantar.[14] He is also an advisor to Jan Swasthya Sahyog, a health care organization.[15]

As PUCL activist

Sen is the National Vice-President of the People's Union for Civil Liberties (PUCL) and General Secretary of its Chhattisgarh unit. In this capacity, he helped organize numerous investigations into alleged human rights violations carried out during anti-Naxalite operations. The alleged violations included the murder of unarmed and innocent civilians by the anti-Naxalite movement Salwa Judum.

In a 2008 interview, Sen stated that he doesn't condone the Naxalites, doesn't approve of their violent methods, and has spoken strongly against them several times. But, he also expressed his opposition to the violent activities carried out by Salwa Judum, which he believes, have created a split in the tribal community.[3] Sen advocates peaceful methods such as negotiations to solve the Naxalite problem.[16]

Arrest in 2007

On 14 May 2007, Sen was arrested in Bilaspur on the charges of acting as a courier between jailed Naxalite leader Narayan Sanyal and businessman Piyush Guha, also accused of having links with Naxalites.[17] Sen had met the 70-year-old Sanyal 33 times in Raipur jail, though all the visits were with prior police permission.[18] The Chhattisgarh police also reportedly relied on certain electronic documents to establish a link between Sen and Naxalites.[19]

The evidence presented against Sen included:[20]

  • A post card dated 3 June 2006 written to Binayak Sen by Narayan Sanyal (while 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 photocopied 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) Vaishvikaran evam Bharatiya Seva Kshetra; (Globalization and the Service Sector in India)

On 15 May 2007, Sen was presented before a local court where he was denied the bail and was remanded to judicial custody. On 18 May, he was produced in the Sessions Court, Raipur. The 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.[17] His bail plea was again rejected on 25 May denied, as the Chhattisgarh Police claimed that he was a threat to the security of the State.[17]

Protests

From 26 May to 4 June, 2007, the supporters of Binayak Sen organized a series of rallies in several cities including Raipur, Delhi, Kolkata, Mumbai London, Boston and New York, to protest against his arrest. Various delegations of physicians and human rights activists meet chief secretary and law secretary to appeal for Sen's release.[17] The people who were against the bail to Binayak Sen claimed that the protestors were not well versed with the workings of Binayak Sen or the Naxalite-Maoist insurgency.

The Central Forensic Science Laboratory (CFSL), Hyderabad analyzed the contents of Sen's computer during 6-11 June 2007, under the orders of the Session's Court.

On 7 June 2007, Sen's wife Ilina Sen wrote a letter to the National Human Rights Commission, stating that the couple's work "has always been in the public sphere and completely overboard [above board] for the last 20 years and more."[21] 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.

Amnesty International, which saw the arrest as harassment of a human rights activist, declared his detention in breach of international law. It issued a call to the Government of Chhattisgarh to immediately release Sen, unless he could be charged with a cognizable offence.[22]

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.[23]

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."[24]

Noam Chomsky and several other prominent figures issued a press statement dated 16 June 2007 alleging that "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."[25]

On 20 June 2007 a delegation from the PUCL met the Chief Minister (CM) of Chhattisgarh state, and objected to Sen being accused of supporting the Naxalites. The delegation insisted that Sen's visits to the jailed Naxalite Narayan Sanyal were for the latter's "medical treatment" and also regarding his legal case. They pointed out that these visits took place in the Raipur jail, following procedures laid down in the jail manual."[26] The PUCL delegation also raised objections 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.[26] The court had ordered on 22 May 2007 that both these observers should be present during the examination of Sen's computer. Nobel laurate economist and thinker Amartya Sen also criticised the Dec 2010 verdict for Sen's imprisonment. He stated that instead of getting his due honor for his service, Sen had met with an unfortunate verdict.

High Court

On 23 July, lawyers of Binayak Sen approached the Chhattisgarh High Court at Bilaspur with the bail plea of his but the same was rejected. Police claimed that they had got incriminating evidences against Binayk Sen from his hard disc belonging to him.[17]

On August 3, 2007, Chhattisgarh Police filed charge-sheets under the Chhattisgarh Special Public Security Act 2005 (CSPSA) and the Unlawful Activities (Prevention) Act 1967 in the court of Additional Chief Judicial Magistrate Satyabhama Dubey against Sen.[17]

Supreme Court

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.[27] 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 Naxalites want to penetrate and hijack "movements not linked with CPI (Maoist)."

On December 10, 2007, Supreme Court dismissed Sen's bail petition.[17] 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 People's Union for Civil Liberties (PUCL) and was in no way connected with the banned outfit CPI-ML. On the point that that there was no evidence to suggest that he was involved in naxal activities, Bench while rejecting the same 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."

Confinement

Sen was kept in solitary confinement during the period from 15 March to 11 April 2008. The prison authorities stated that this was for his security.[17][28] Sen's wife Ilina stated that he has been isolated from the world during his year of imprisonment, with access to only pro-government newspaper.

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."[29]

The Global Health Council, Harvard School of Public Health, Harvard Medical School and several other prominent global health organizations issued a joint statement of support for Sen, requesting that Indian authorities allow the doctor to receive the Jonathan Mann Award for Health and Human Rights in person in Washington, D.C. on 29 May 2008, at the 35th Annual International Conference on Global Health.[30] The declaration stated: "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."[31]

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.[32][33]

Doctors across India started holding free clinics for the poor in tribute to the example of Sen and to peacefully campaign for his release.[34]

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. 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.[18]

Trial

Main article: Trial of Binayak Sen

The trial against Binayak Sen began in the trial court in Raipur on 30 May 2008.[17] On 4 May 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.[17]

On August 11, 2008, a second bail petition was filed in the Chhattisgarh High Court in Bilaspur.[17] On 21 October, Sen made a public appeal and proposal for peace in South Bastar.[35]

Grant of bail by the Supreme Court

Sen was granted bail on 25 May 2009 by a vacation bench of the Supreme Court comprising Justice Markandey Katju and Justice Deepak Verma as his health conditions were deteriorating.[36]

Conviction, sentencing and revocation of bail

On 24 December, 2010, the Additional Sessions and District Court Judge B.P Varma Raipur found Binayak Sen, Naxal ideologue Narayan Sanyal and Kolkata businessman Piyush Guha, guilty of sedition for helping the Maoists in their fight against the state. They were sentenced to life imprisonment.[37] Immediately after the sentencing, Dr. Sen's bail was revoked and he was taken back into custody.[38]

Binayak Sen was held guilty under Chhattisgarh Special Public Security Act 2005, Unlawful Activities (Prevention) Act 1967, of being a conduit between Naxals and of meeting Narayan Sanyal in jail. The trio has also been convicted under provisions of section 124A of Indian Penal Code (IPC) (sedition) and 120-B Indian Penal Code (conspiracy).[39]

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.[40]

Sen was selected for the Jonathan Mann Award for Global Health and Human Rights in 2008.[30][41] 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."[42]

See also

References

  1. ^ Sathyamala, C. (2007). "Binayak Sen: redefining health care in an unjust society". Indian Journal of Medical Ethics. IV (3). 18624134. Retrieved 25 May 2009. {{cite journal}}: Unknown parameter |month= ignored (help)
  2. ^ "Who is Dr Binayak Sen?". The Times of India. 24 December 2010. Retrieved 2010-12-25.
  3. ^ a b Mitra, Maureen Nandini (31 October 2008). "I don't approve the methods of Naxals". Down To Earth. The Society for Environmental Communications. Retrieved 25 December 2010.
  4. ^ Rajendra K Sail (15 May 2007). "Forwarded Appeal (India): Arrest of a prominent human rights activist over oppressive laws". Asian Human Rights Commission. Retrieved 2009-05-25.
  5. ^ "Outrage over PUCL activist's arrest". NDTV.com. 17 May 2007. Retrieved 25 December 2010.
  6. ^ "No moral validation for imprisonment of Binayak Sen". Vinay Sitapati. 13 January 2009. Retrieved 25 December 2010.
  7. ^ "Civil rights activist Binayak Sen gets bail". Times of India. 25 May 2009. Retrieved 25 May 2009.
  8. ^ "Dr Binayak Sen found guilty of sedition, gets life imprisonmentRead more: Dr Binayak Sen found guilty of sedition, gets life imprisonment". The Times of India. 24 December 2010. Retrieved 2010-12-25.
  9. ^ "Activists write to president condemning Binayak sentence". NDTV. 26 December 2010. Retrieved 2010-12-25.
  10. ^ "A shocking verdict". The Hindu. 25 December 2010. Retrieved 2010-12-25.
  11. ^ "Unsigned letter holds the key to Binayak Sen case". The Hindu. 16 December 2010. Retrieved 2010-12-25.
  12. ^ Aman Sethi (26 December 2010). "Unscreened footage throws light on Binayak Sen case". The Hindu. Retrieved 2010-12-25.
  13. ^ "India: Dr Binayak Sen'S Conviction And Life Sentence Mock Justice". Amnesty International. 24 December 2010. Retrieved 2010-12-25.
  14. ^ "A union and a hospital". The Hindu. 18 January 2004. Retrieved 2010-12-25.
  15. ^ "Release Dr. Binayak Sen!" (PDF). Medico Friend Circle. February 2008. Retrieved 25 May 2009.
  16. ^ Tripathi, Purnima S. (March 11–24, 2006). "People's war". Frontline. Retrieved 25 May 2009.
  17. ^ a b c d e f g h i j k "SC grants bail to civil rights activist Binayak Sen". IBNLive. 25 May 2009. Retrieved 25 December 2010. {{cite news}}: Text "Watch" ignored (help)
  18. ^ a b "SC dismisses bail plea of PUCL activist held for naxal links". The Hindu. Chennai. 10 December 2007.
  19. ^ "Right activists seek fair trial for Binayak Sen". Indo-Asian News Service. BombayNews.net. 22 April 2008. Retrieved 26 May 2009.
  20. ^ Analysis of the case against Dr. Binayak Sen
  21. ^ Sen, Illena (7 June 2007). "Dr Ilina Sen's letter to NHRC". PUCL.org. Retrieved 26 May 2009.
  22. ^ Suroor, Hasan (25 April 2009). "Amnesty calls for the release of Binayak Sen". The Hindu. Chennai. Retrieved 25 May 2009.
  23. ^ "Notices of Motions for which no days have been fixed ('Early Day Motions')". House of Commons, United Kingdom Parliament. 7 June 2007. Retrieved 26 May 2009.
  24. ^ BMJ 2007;334:1184-1185 (9 June)
  25. ^ ""Release Binayak Sen": Noam Chomsky". Savebinayak.ukaid.org. Retrieved 26 May 2009.
  26. ^ a b "PUCL meeting with Chhatisgarh CM". PUCL.org. June 2007. Retrieved 26 May 2009.
  27. ^ "Notice to Chhattisgarh on bail plea of rights activist". The Hindu. Chennai. 1 September 2007. Retrieved 26 May 2009.
  28. ^ "Indian Human Rights Defender Dr. Binayak Sen subjected to unlawful Solitary Confinement". Free Dr Binyak Campaign. PRLog. 11 April 2008. Retrieved 26 May 2009.
  29. ^ "India: Fair Trial Doubtful for Honored Rights Advocate". Human Rights Watch. 28 April 2008. Retrieved 26 May 2009.
  30. ^ a b Nanni, Liza (21 April 2008). "Jailed Indian Doctor Wins 2008 Jonathan Mann Award". Global Health Council. Retrieved 25 May 2009.
  31. ^ "Statement of Support for Dr. Binayak Sen" (PDF). Global Health. 21 April 2008. Retrieved 26 May 2009.
  32. ^ "Nobel appeal for rights activist". BBC News. 12 May 2008. Retrieved 26 May 2009.
  33. ^ "Nobel laureates seek release of Binayak Sen". The Hindu. Chennai. 12 May 2008. Retrieved 26 May 2009.
  34. ^ The Hindu. Bangalore. 26 April 2008. {{cite news}}: |access-date= requires |url= (help); Missing or empty |title= (help)
  35. ^ Sen, Ilina (21 October 2008). "An appeal for peace in South Bastar". The Hindu. Retrieved 25 May 2009.
  36. ^ "Binayak Sen gets bail at last, family relieved". The Hindu. Chennai. 25 May 2009. Retrieved 26 May 2009.
  37. ^ "Dr Binayak Sen found guilty of treason, gets life imprisonment". The Times of India. 25 December 2010. Retrieved 2010-12-25.
  38. ^ "India’s Most Famous Political Prisoner Dr. Binayak Sen Sentenced to Life in Prison", DemocracyNow.org, December 27, 2010. With link to May, 2010 interview by producer Anjali Kamat with Dr. Sen, transcript and audio. Retrieved 2010-12-27.
  39. ^ "Binayak Sen guilty of treason, gets life term". CNN-IBN. 25 December 2010. Retrieved 2010-12-25.
  40. ^ "R.R. Keithan Gold Medal Award to Dr. Binayak Sen". The Indian Legislator News. eSocialSciences.com. 26 December 2007. Retrieved 25 May 2009.
  41. ^ Boustany, Nora (30 May 2008). "Nobel Laureates Unable to Win Release of Doctor". Washington Post. Retrieved May 25, 2009.
  42. ^ "Jailed Indian Pediatrician Wins 2008 Jonathan Mann Award for Global Health and Human Rights". Reuters. 21 April 2008. Retrieved May 25, 2009.

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