Binayak Sen
Encyclopedia
Binayak Sen is an India
n pediatrician
, public health
specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties
(PUCL).
He has been accused of sedition by the Chhattisgarh
Government. He was granted bail on 15 April 2011 by the Supreme Court of India
which said no evidence of sedition had been produced against the accused by the Chhattisgarh Government. The final verdict is still pending and the case, including charges of sedition,will be carried forward in the High Court of Chhattisgarh.
Binayak Sen originally started working as a pediatrician
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 he has also strongly criticized the government on human rights violations during the anti-Naxalite
operations, while advocating non-violent political engagement. 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
. 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, but was granted bail by the Supreme Court of India only on 25 May 2009.
On 24 December 2010, the Raipur Sessions' Court found him guilty of helping the Naxalites, a communist terrorist group, charged him with connections with a banned organization (though widely but incorrectly the charge was reported as treason by the media) and sentenced him to life term. The conviction was criticized by his supporters as politically motivated and based on bogus evidence. Sen is considered by Amnesty International
to be a prisoner of conscience
. On 15 April 2011, the Supreme Court of India granted bail to Sen.
(in its edition of 12 February 2011) where he talks about the severe inaccessibility of the healthcare to the poor in India
. The article was hailed as reaffirmation of support to Dr Sen by the international community by Ilina Sen.
(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 does not condone the Naxalites, does not 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. Sen advocates peaceful methods such as negotiations to solve the Naxalite problem.
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."
Sen has been awarded the Gwangju Prize for Human Rights 2011
in memory of the Gwangju Democratization Movement of South Korea. The award announcement remarks "Dr Sen, as an accomplished medical practitioner has distinguished himself by his devotion to providing health services for the poor and by his strong advocacy against human rights violations and structural violence inflicted on the poor in Chhattisgarh, a state in central India."
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. Sen had met the 70-year-old Sanyal 33 times in Raipur jail, though all the visits were with prior police permission. The Chhattisgarh police also reportedly relied on certain electronic documents to establish a link between Sen and Naxalites.
The evidence presented against Sen included:
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. 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. He has been granted bail on 15 April by the Supreme Court of India.
, 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. 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." 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.
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."
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."
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." 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. 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.
at Bilaspur with the bail plea of his but it was rejected. Police claimed that they had got incriminating evidences against Binayk Sen from his hard disc belonging to him.
On 3 August 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.
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 Naxalites want to penetrate and hijack "movements not linked with CPI (Maoist)."
On 10 December 2007, Supreme Court dismissed Sen's 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 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."
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."
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. 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."
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.
Doctors across India started holding free clinics for the poor in tribute to the example of Sen and to peacefully campaign for his release.
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, does not 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.
in Raipur on 30 May 2008. 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.
On 11 August 2008, a second bail petition was filed in the Chhattisgarh High Court
in Bilaspur
. On 21 October, Sen made a public appeal and proposal for peace in South Bastar.
. Immediately after the sentencing, Dr. Sen's bail was revoked and he was taken back into custody.
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).
Binayak Sen's sentence has been condemned both in India and internationally. Nobel Laureate Amartya Sen
has condemned the judgement as "unjust".
Against this judgement, Binayak again applied for bail on 6 Jan 2011. Sen's lawyer Ram Jethmalani
argued for over two hours for grant of bail on 24 Jan 2011, and described the trial court verdict as one based only on police versions. An eight-member delegation of the European Union were present at the court during the entire hearing. On 25 Jan 2011, the Chhattisgarh High Court heard his bail plea for the second consecutive day and then fixed 9 February for the next hearing. The court denied bail to him during the subsequent hearing.
The Copy of the judgment is available at.
Dr. Sen had moved the apex court challenging the order of the Chhattisgarh High Court which had rejected his bail plea on 10 February 2011. Dr. Sen has sought bail contending that the trial court has erred in convicting him as there was no substantial evidence against him. Human rights and social activists have described Dr. Sen’s conviction and sentence as “politically motivated.”
The Supreme Court on 11 March 2011 issued notice to the Chhattisgarh government on a petition by rights activist Binayak Sen seeking bail and stay on his life imprisonment imposed by a sessions court for his links with Maoists. A bench of justices H.S. Bedi and C.K. Prasad asked the Chhattisgarh government to file its response within four weeks. The bench passed the order despite counsel for Dr. Sen seeking adjournment of the matter.
On 15 April 2011, the Supreme Court of India has granted bail to Dr. Binayak Sen was granted bail, after completely questioning the sedition charge against him and adding that “the question of passing letters or documents does not arise.” However the apex court said it was giving no reason for granting bail to 61-year-old Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n pediatrician
Pediatrics
Pediatrics or paediatrics is the branch of medicine that deals with the medical care of infants, children, and adolescents. A medical practitioner who specializes in this area is known as a pediatrician or paediatrician...
, public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties
People's Union for Civil Liberties
People's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
(PUCL).
He has been accused of sedition by the Chhattisgarh
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....
Government. He was granted bail on 15 April 2011 by the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
which said no evidence of sedition had been produced against the accused by the Chhattisgarh Government. The final verdict is still pending and the case, including charges of sedition,will be carried forward in the High Court of Chhattisgarh.
Binayak Sen originally started working as a pediatrician
Pediatrics
Pediatrics or paediatrics is the branch of medicine that deals with the medical care of infants, children, and adolescents. A medical practitioner who specializes in this area is known as a pediatrician or paediatrician...
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 he has also strongly criticized the government on human rights violations during the anti-Naxalite
Naxalite
The word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
operations, while advocating non-violent political engagement. 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)
Chhattisgarh Special Public Security Act
Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005...
and the Unlawful Activities (Prevention) Act 1967
Unlawful Activities (Prevention) Act
Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the...
. 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
Chhattisgarh High Court
The Chhattisgarh High Court is one of the newest High Courts in India. It was established on 1 November, 2000 after the Madhya Pradesh Reorganisation Act, 2000 was passed. It has jurisdiction over the state of Chhattisgarh. High Court of Bilaspur is the 19th High Court of IndiaMr. Justice R. S...
in July 2007, soon after his arrest, but was granted bail by the Supreme Court of India only on 25 May 2009.
On 24 December 2010, the Raipur Sessions' Court found him guilty of helping the Naxalites, a communist terrorist group, charged him with connections with a banned organization (though widely but incorrectly the charge was reported as treason by the media) and sentenced him to life term. The conviction was criticized by his supporters as politically motivated and based on bogus evidence. Sen is considered by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
to be a prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
. On 15 April 2011, the Supreme Court of India granted bail to Sen.
Career as a doctor
Binayak Sen and his wife Illina Sen played key roles in the foundation of the Chhattisgarh Mukti Morcha's Shaheed Hospital which is owned and operated by a workers' organization and a community-based NGO called Rupantar. He is also an advisor to Jan Swasthya Sahyog, a health care organization. He has also been published in the prestigious British medical journal The LancetThe Lancet
The Lancet is a weekly peer-reviewed general medical journal. It is one of the world's best known, oldest, and most respected general medical journals...
(in its edition of 12 February 2011) where he talks about the severe inaccessibility of the healthcare to the poor in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. The article was hailed as reaffirmation of support to Dr Sen by the international community by Ilina Sen.
PUCL activist
Sen is the National Vice-President of the People's Union for Civil LibertiesPeople's Union for Civil Liberties
People's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
(PUCL) and General Secretary of its Chhattisgarh
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....
unit. In this capacity, he helped organize numerous investigations into alleged human rights violations carried out during anti-Naxalite
Naxalite
The word Naxal, Naxalite or Naksalvadi is a generic term used to refer to various militant Communist groups operating in different parts of India under different organizational envelopes...
operations. The alleged violations included the murder of unarmed and innocent civilians by the anti-Naxalite movement Salwa Judum
Salwa Judum
Salwa Judum refers to a militia in Chhattisgarh, India, which is aimed at countering the naxalite violence in the region...
.
In a 2008 interview, Sen stated that he does not condone the Naxalites, does not 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
Salwa Judum
Salwa Judum refers to a militia in Chhattisgarh, India, which is aimed at countering the naxalite violence in the region...
, which he believes, have created a split in the tribal community. Sen advocates peaceful methods such as negotiations to solve the Naxalite problem.
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 CollegeChristian Medical College & Hospital
Christian Medical College and Hospital, Vellore is one of the largest medical centres in India. This century-old Christian institution was founded by Ida S...
in Vellore
Vellore
Vellore It is considered one of the oldest cities in South India and lies on the banks of the Palar river on the site of Vellore Fort. The city lies between Chennai and Bangalore and the Temple towns of Thiruvannamalai and Tirupati...
, 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
Global Health Council
The Global Health Council is a United States-based non-profit networking organizing linking "several hundred health non-governmental organizations around the world to share knowledge and resources, build partnerships and together become stronger advocates for health"...
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."
Sen has been awarded the Gwangju Prize for Human Rights 2011
in memory of the Gwangju Democratization Movement of South Korea. The award announcement remarks "Dr Sen, as an accomplished medical practitioner has distinguished himself by his devotion to providing health services for the poor and by his strong advocacy against human rights violations and structural violence inflicted on the poor in Chhattisgarh, a state in central India."
Arrest in 2007
On 14 May 2007, Sen was arrested in BilaspurBilaspur, Chhattisgarh
Bilaspur is a city in Bilaspur District in the Indian state of Chhattisgarh, situated 111 km north of state capital, Raipur. It is the second-largest city in the state. It is the administrative headquarter of Bilaspur district...
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. Sen had met the 70-year-old Sanyal 33 times in Raipur jail, though all the visits were with prior police permission. The Chhattisgarh police also reportedly relied on certain electronic documents to establish a link between Sen and Naxalites.
The evidence presented against Sen included:
- A post card dated 3 June 2006, written by Narayan Sanyal to Binayak Sen from Raipur Central Jail, regarding his health and legal case, duly signed by the Jail authorities
- A yellow coloured book "On The Unity Between CPI (Peoples' War)Communist Party of India (Marxist–Leninist) People's WarCommunist Party of India People's War, usually called People's War Group , was an underground communist party in India. It merged the Maoist Communist Centre of India to form the Communist Party of India in 2004...
and Maoist Communist Centre". - A letter written by Madanlal Banjare of CPI (Maoist)Communist Party of India (Maoist)The Communist Party of India is a Maoist political party in India which aims to overthrow the government of India through violent means. It was founded on 21 September 2004, through the merger of the People's War, and the Maoist Communist Centre . The merger was announced to the public on October...
to Binayak Sen. - An article titled "Krantikari Janwadi Morcha (ITF) (Revolutionary People's Front) Vaishvikaran evam Bharatiya Seva Kshetra; (Globalization and the Service Sector in India)
- Two articles titled "Naxal Movement, Tribals and Women's Movement" and "How to build an Anti-US Imperialist Front."
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. 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. He has been granted bail on 15 April by the Supreme Court of India.
Protests
From 26 May to 4 June 2007, the supporters of Binayak Sen organized a series of rallies in several cities including Raipur, DelhiDelhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
, Kolkata
Kolkata
Kolkata , formerly known as Calcutta, is the capital of the Indian state of West Bengal. Located on the east bank of the Hooghly River, it was the commercial capital of East India...
, Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
, 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. 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
Naxalite-Maoist insurgency
The Naxalite-Maoist insurgency is an ongoing conflict between Maoist groups, known as Naxalites or Naxals, and the Indian government.In 2006 Prime Minister Manmohan Singh called the Naxalites "The single biggest internal security challenge ever faced by our country."...
.
The Central Forensic Science Laboratory
Central Forensic Science Laboratory
The Central Forensic Science Laboratory is a wing of the Indian Ministry of Home Affairs, which fulfills the forensic requirements in the country...
(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." 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
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, 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.
On 7 June 2007, the British House of Commons published an Early Day Motion
Early day motion
An Early Day Motion , in the Westminster system, is a motion, expressed as a single sentence, tabled by Members of Parliament for debate "on an early day" . Controversial EDMs are not signed by Government Ministers, PPS or the Speaker of the House of Commons and very few are debated on the floor...
entitled "Arrest of Dr. Binayak Sen" supported by several Members of Parliament across party lines, including Diane Abbott
Diane Abbott
Diane Julie Abbott is a British Labour Party politician who has been the Member of Parliament for Hackney North and Stoke Newington since 1987, when she became the first black woman to be elected to the House of Commons...
(Labour), Peter Bottomley
Peter Bottomley
Sir Peter James Bottomley is a British Conservative Party politician. He is the Member of Parliament for Worthing West...
(Conservative), John Hemming
John Hemming (politician)
John Alexander Melvin Hemming is a British politician, the Member of Parliament for Birmingham Yardley and Group Chair of the Liberal Democrats on the city council of Birmingham, England....
(Liberal Democrat), Dai Davies
Dai Davies (politician)
David Clifford Davies, commonly known as Dai Davies, was the Blaenau Gwent People's Voice Member of Parliament for the Blaenau Gwent constituency in South Wales from 2006 to 2010...
(Independent, Wales), Mike Weir (Scottish NP), among others.
On 9 June 2007, the British Medical Journal
British Medical Journal
BMJ is a partially open-access peer-reviewed medical journal. Originally called the British Medical Journal, the title was officially shortened to BMJ in 1988. The journal is published by the BMJ Group, a wholly owned subsidiary of the British Medical Association...
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."
Noam Chomsky
Noam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...
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."
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." 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. 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
Amartya Sen
Amartya Sen, CH is an Indian economist who was awarded the 1998 Nobel Prize in Economic Sciences for his contributions to welfare economics and social choice theory, and for his interest in the problems of society's poorest members...
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 CourtChhattisgarh High Court
The Chhattisgarh High Court is one of the newest High Courts in India. It was established on 1 November, 2000 after the Madhya Pradesh Reorganisation Act, 2000 was passed. It has jurisdiction over the state of Chhattisgarh. High Court of Bilaspur is the 19th High Court of IndiaMr. Justice R. S...
at Bilaspur with the bail plea of his but it was rejected. Police claimed that they had got incriminating evidences against Binayk Sen from his hard disc belonging to him.
On 3 August 2007, Chhattisgarh Police filed charge-sheets under the Chhattisgarh Special Public Security Act 2005 (CSPSA)
Chhattisgarh Special Public Security Act
Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005...
and the Unlawful Activities (Prevention) Act 1967
Unlawful Activities (Prevention) Act
Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the...
in the court of Additional Chief Judicial Magistrate Satyabhama Dubey against Sen.
Supreme Court
On 31 August 2007 the Supreme Court of IndiaSupreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution 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 Naxalites want to penetrate and hijack "movements not linked with CPI (Maoist)."
On 10 December 2007, Supreme Court dismissed Sen's 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 People's Union for Civil Liberties
People's Union for Civil Liberties
People's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
(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. 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."
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. 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."
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.
Doctors across India started holding free clinics for the poor in tribute to the example of Sen and to peacefully campaign for his release.
The Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
led by the Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
which is the opposition party in the state of Chhattisgarh
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....
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, does not 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.
Trial
The trial against Binayak Sen began in the trial courtTrial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
in Raipur on 30 May 2008. 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.
On 11 August 2008, a second bail petition was filed in the Chhattisgarh High Court
Chhattisgarh High Court
The Chhattisgarh High Court is one of the newest High Courts in India. It was established on 1 November, 2000 after the Madhya Pradesh Reorganisation Act, 2000 was passed. It has jurisdiction over the state of Chhattisgarh. High Court of Bilaspur is the 19th High Court of IndiaMr. Justice R. S...
in Bilaspur
Bilaspur, Chhattisgarh
Bilaspur is a city in Bilaspur District in the Indian state of Chhattisgarh, situated 111 km north of state capital, Raipur. It is the second-largest city in the state. It is the administrative headquarter of Bilaspur district...
. On 21 October, Sen made a public appeal and proposal for peace in South Bastar.
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.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 imprisonmentLife imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. Immediately after the sentencing, Dr. Sen's bail was revoked and he was taken back into custody.
Binayak Sen was held guilty under Chhattisgarh Special Public Security Act
Chhattisgarh Special Public Security Act
Chhattisgarh Special Public Security Act, 2005 ,is a law in the state of Chhattisgarh passed by the Chhattisgarh assembly in December 2005...
2005, Unlawful Activities (Prevention) Act
Unlawful Activities (Prevention) Act
Unlawful Activities Act is Indian law aimed at effective prevention of unlawful activities associations in India.The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the...
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
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
(IPC) (sedition) and 120-B Indian Penal Code
Indian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
(conspiracy).
Binayak Sen's sentence has been condemned both in India and internationally. Nobel Laureate Amartya Sen
Amartya Sen
Amartya Sen, CH is an Indian economist who was awarded the 1998 Nobel Prize in Economic Sciences for his contributions to welfare economics and social choice theory, and for his interest in the problems of society's poorest members...
has condemned the judgement as "unjust".
Against this judgement, Binayak again applied for bail on 6 Jan 2011. Sen's lawyer Ram Jethmalani
Ram Jethmalani
Ram Jethmalani, : राम जेठ्मलानी,: رام جيٺملاڻي born 14 September 1923, in Shikharpur in Sindh, British India) is an Indian lawyer and politician. He has served in various posts such as Union Law Minister and Chairman of Bar Associations...
argued for over two hours for grant of bail on 24 Jan 2011, and described the trial court verdict as one based only on police versions. An eight-member delegation of the European Union were present at the court during the entire hearing. On 25 Jan 2011, the Chhattisgarh High Court heard his bail plea for the second consecutive day and then fixed 9 February for the next hearing. The court denied bail to him during the subsequent hearing.
The Copy of the judgment is available at.
Dr. Sen had moved the apex court challenging the order of the Chhattisgarh High Court which had rejected his bail plea on 10 February 2011. Dr. Sen has sought bail contending that the trial court has erred in convicting him as there was no substantial evidence against him. Human rights and social activists have described Dr. Sen’s conviction and sentence as “politically motivated.”
The Supreme Court on 11 March 2011 issued notice to the Chhattisgarh government on a petition by rights activist Binayak Sen seeking bail and stay on his life imprisonment imposed by a sessions court for his links with Maoists. A bench of justices H.S. Bedi and C.K. Prasad asked the Chhattisgarh government to file its response within four weeks. The bench passed the order despite counsel for Dr. Sen seeking adjournment of the matter.
On 15 April 2011, the Supreme Court of India has granted bail to Dr. Binayak Sen was granted bail, after completely questioning the sedition charge against him and adding that “the question of passing letters or documents does not arise.” However the apex court said it was giving no reason for granting bail to 61-year-old Sen and left it to the satisfaction of the trial court concerned to impose the conditions for his release on bail.
Interest in the case and possible links with missionaries
The case has generated interests of Indian and foreign NGOs and governments.See also
- People's Union for Civil LibertiesPeople's Union for Civil LibertiesPeople's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
(PUCL) - Trial of Binayak SenTrial of Binayak SenBinayak Sen was detained in May 2007, for allegedly supporting the outlawed Naxalites, thereby violating the provisions of the Chhattisgarh Special Public Security Act 2005 and the Unlawful Activities Act 1967...
- Sudhir DhawaleSudhir DhawaleSudhir Dhawale is an Indian activist, actor and publisher of the bi-monthly Marathi magazine Vidrohi. He is a resident of Byculla area of Mumbai, Maharashtra.-Activism:...
- Kartam JogaKartam JogaKartam Joga is a adivasi Indian political activist for the Communist Party of India . He is currently imprisoned in Chhattisgarh on suspicions of participating in the Tarmetla ambush in which 75 members of the Central Reserve Police Force were killed by CPI forces...
Publications
- Minnie Vaid (2011) A Doctor to Defend: The Binayak Sen Story. Publisher: Rajpal PP: 243 ISBN – 9788170289272
External links
- Free Binayak Sen Campaign Website
- Truth of binayak sen in hindi
- Medico Friends Circle Booklet on Dr. Binayak Sen
- Website for campaign to free Dr. Binayak Sen
- Binayak Sen Sentenced to Life in Prison in Widely Criticized Ruling – video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...
- At The Heart Of It with Shoma Chaudhury of Tehelka – 10 Feb 2011 – The Binayak Sen Sentence
- http://www.hindu.com/2011/04/18/stories/2011041851811000.htm