Binayak Sen: Difference between revisions

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Dr Binayak Sen is a paediatrician, public health specialist and national Vice-President of the People's Union for Civil Liberties (PUCL) based in Chhattisgarh state, India. Dr Sen is noted for extending health care to the poorest people, monitoring the health and nutrition status of the people of Chhattisgarh, and defending the rights of indigenous tribal people. In May 2007, he was detained in connection with his human rights work, raising global concern about his welfare.

Dr Sen helped to set up the Chhattisgarh Mukti Morcha's Shaheed Hospital, a pioneering health programme for the region. The hospital is owned and operated by a workers' organization for the benefit of all, regardless of caste or any other background.

Dr 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 well-known as the Mitanin programme.

He also gives his services to a weekly clinic in a tribal community.

Dr Sen was the recipient in 2004 of the Paul Harrison award [1] for a lifetime of service to the rural poor. This award is given annually by the prestigious Christian Medical College in Vellore, India, to one of its alumni.

Dr 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. These have included:

• extra-judicial killings,
• prisoners likely to be at risk of torture.

He participated in investigations which drew attention to the severe adverse impact on ordinary citizens of the local government-backed "Salwa Judoom" (sometimes spelt "Salva Judum") - an anti-Maoist armed movement. [2]

Dr Sen has been noted for his advocacy of peaceful methods. Talking to 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." (Frontline, Volume 23, Issue 05 : March 11 - 24, 2006).

On 14 May 2007, Dr. Sen was arrested in Bilaspur, Chhattisgarh, after being accused by the police of absconding for a week and also of visiting prisoners belonging to extremist groups. Dr. Sen pointed out that contrary to allegations of "absconding", he had been on a holiday (planned long in advance) and had returned as soon as he heard about the allegations.

In a TV interview given whilst under judicial remand, Dr Sen said that all his visits to prisoners were undertaken openly, in the course of his human rights work, and under close supervision by jail authorities.

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." [3]

On 18 May 2007, Dr. Sen appeared in court and asked for legal requirements to be observed, including the First Information Report, Complaint and the Grounds on which he was being detained. None were provided. The police request for transferring him from judicial remand into police custody was rejected by the court. He remained in judicial remand.

On 19 May 2007, the police searched Dr. Sen's house. According to independent observers present during the search and local press reports, no incriminating evidence was found. A complete and detailed inventory of items taken by the police was released by the PUCL. No banned items were found. [4] (- in Hindi).

Items which police have described to the press as incriminating evidence turned out to be a postcard from the jailed Narayan Sanyal dated 3.6.2006, regarding the prisoner's health as well as his legal case, duly signed by the jail authorities and carrying the official jail seal.

On 22 May 2007, Dr. Sen appeared in court again and was sent on judicial remand to Raipur Central Jail until 5 June, 2007. The Court passed an order that Dr. Sen's computer (now in police custody), would be examined by a government expert in the presence of the District Head of the National Informatics Centre, plus a lawyer - with knowledge of computers -representing Dr Sen. Dr Sen protested against attempts to handcuff him, and the court ordered that he should not be handcuffed. Dr Sen's lawyers then moved a bail application which will be heard on 24 May 2007.

On 28 May 2007, about 6,000 indigenous people and others demonstrated in Raipur, Chhattisgarh, against the arrest of Dr. Binayak Sen and against the special act under which he was arrested - Chhattisgarh Special Public Security Act, 2005 (CSPSA).

On 31 May 2007, the PUCL held a public meeting in Raipur, Chhattisgarh. Speakers demanded that the state immediately repeal the Chhattisgarh Special Public Security Act, 2005 under which Dr. Binayak Sen was arrested. [5] Dr. Sen's lawyers told reporters that the Chhattisgarh government "has on some excuse or another been refusing to show them the First Information Report or any other document". [6]

On 9 June 2007, a submission from Dr. Binayak Sen's wife, Dr. Ilina Sen, to the National Human Rights Commission [7] states that no "chargesheet" against Dr. Binayak Sen has been filed so far. The submission states that Dr. Binayak and Dr. Ilina Sen's 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 villification" against Dr. Ilina Sen. A special investigating team is stated to have visited the home of Dr. Ilina Sen's mother in Kolkata, enquiring about Dr. Ilina's antecedents.

last entry on: 22 October 2024

Protests against Dr Sen's arrest have been led by prominent personalities such as Magsaysay Prize winner Aruna Roy, Booker Prize winner Arundathi Roy, Members of Parliament in Great Britain, retired judge Rajinder Sachar of the Delhi High Court, 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. A list can be found at InfochangeIndia.org

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]." [8]

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), George Galloway (Respect), Mike Weir (Scottish NP), among others. (EDM no. 1615 dated 5th June 2007) Hansard Report.

It begins: "That this House is concerned at the arbitrary arrest of the human rights activist and General Secretary of the Chhattisgarh unit of the People's Union for Civil Liberties (PUCL), Dr Binayak Sen, in the Indian state of Chhattisgarh; notes with concern that this arrest has taken place in the aftermath of the alleged involvement by the police in the unlawful killing of 12 adivasis or tribal people". It ends by calling for Dr. Sen's immediate release and an end to the harassment of the other human rights defenders in the state.

On 9 June 2007, the British Medical Journal published an article about Dr. 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." BMJ 2007;334:1184-1185 (9 June)

• People's Union for Civil Liberties (PUCL)

• News Item on Dr Sen's Arrest
• The PUCL's Condemnation of the arrest
• Amnesty International's Public Statement