The Worldwide social work Manav Adhikar Emergency

Manav Adhikare

Frequently Asked Questions About Manav Adhikar Emergency Helpline Association .

Under Which Act you work?

How are Human rights defined in the Protection of Human Rights Act, 1993?
In terms of Section 2 of the Protection of Human Rights Act, 1993
(hereafter referred to as 'the Act'), "human rights" means the rights relating to life, liberty,
equality and dignity of the individual guaranteed under the Constitution or embodied in the
International Covenants and enforceable by courts in India. "International Covenants" means the
International Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December
1966.

Where are you located?

Our headquarters is in New Delhi. We also maintain offices in Lucknow, Bareily, Noida, Rampur, Ghaziabad, Hyderabad and Mumbai. Sending fact-finding teams to places where there have been allegations of serious human rights abuses carries out most research.

How large is the staff of Manav Adhikar Emergency Helpline Association?

As of March 31, 2007, Manav Adhikar Emergency Helpline Association has staff of approximately 3500.Our work is
supplemented with the generous help of interns, volunteers, and members.

How do you do your work?

Manav Adhikar Emergency Helpline Association researchers conduct fact-finding investigations into human rights abuses by governments and non-state actors in all regions of the country. We visit the site of abuses to
interview victims, witnesses and others. We are going to publish our findings in dozens of books and reports, generating extensive coverage in local and national media. In moments of crisis, we seek to report up-to-the-minute information so as to maximize the impact of our work. By exposing human rights violations, this publicity shames abusers and helps to put pressure on them to reform their conduct. Manav Adhikar Protection Organization seeks dialog with offending governments to encourage them to change abusive laws and policies. We will also enlist the support of other influential actors such as the United Nations, the European Union, international financial institutions, the Indian government, and others. In the case of particularly egregious abuses, Manav Adhikar Emergency Helpline Association may press for the withdrawal of military and certain economic support.

How is Manav Adhikar Emergency Helpline Association different from any other Organizations?


Apart from Manav Adhikar Emergency Helpline Association there are several human rights organizations operating worldwide in most situations of severe repression or abuse. Though close allies, all the groups play complementary roles, reflecting a healthy division of labor. The major differences lie in the groups’ structure and methods for promoting change.
Manav Adhikar Emergency Helpline Association is a mass-membership organization.
Mobilization of those members is the organization's central advocacy tool. Manav Adhikar Emergency Helpline Association’s
principal advocacy strategy is to shame offenders by generating press attention and to exert diplomatic and economic pressure on them by enlisting influential governments and institutions. With the help of our significantly smaller membership base, we have also played a key role in violation some specific human
right abuses.
To facilitate communication with its membership, Manav Adhikar Protection Organization addresses a narrower set of
abuses. Traditionally, it has focused on abuses confronting individual prisoners, although it has gradually broadened this case and prison orientation to address other abuses as well. Manav Adhikar Protection Organization has long addressed a far broader range of abuses, including not only prisoner-related concerns but also many abuses that do not involve custody, such as discrimination, censorship and other restrictions on civil society, issues of democratization and the rule of law, and a wide array of war-related abuses, from the indiscriminate shelling of cities to the use of landmines. Manav Adhikar Protection Organization prides itself on aggressively expanding the categories of victims who can seek protection from our movement. In the coming year, we will gradually add special programs devoted to the rights of women, workers, children, common prisoners, migrants, refugees, academics, and people living with HIV/AIDS.

What are the kinds of issues on which complaints can you take?
Since its inception, the Organization can take variety of types of complaints.
In respect of police administration
illegal arrest
Other police excesses
Custodial deaths
Encounter deaths
Harassment of prisoners; jail conditions
Atrocities on SCs and STs
Bonded labour, child labour
Child marriage
Communal violence
Dowry death or its attempt; dowry demand
Abduction, rape and murder
Sexual harassment and indignity to women, exploitation of women
Numerous other complaints which cannot be categorized, have also been taken up .

How do you decide which cities to work on?

Because of limited resources, Manav Adhikar Emergency Helpline Association tries to strike a balance in its work between cities with the worst human rights problems and cities where there is a moment of special opportunity for us to propel change. That is, we consider the severity of abuses, the number of people affected, and the possibility for impact. In making this assessment, we take into account the ability of our researchers to obtain current and accurate information, either by going to the country or by obtaining reliable information from refugees, exiles, and other reliable sources, as well as the existence of other local organizations with which we can work.
Plans are set accordingly and then reassessed as events unfold. We try to anticipate trouble spots,
but we also allow for unforeseen crises by having emergency researchers ready to be deployed quickly.
To be most effective, we try to remain focused as well as flexible and responsive.

Wouldn't it save more lives to prevent abuses instead of documenting them after the fact?

Documenting abuses is inherently a preventive strategy. When we investigate and expose past human rights violations, we seek to hold their authors accountable, both politically and judicially. We shame abusers and promote their prosecution. Our aim is to increase the price of human rights abuse. The more reliably this can be done, the more would-be abusers will think twice before committing future human rights violations.

Do you work on all the States?

Yes. As the one of the largest human rights organization based in the India, we have a special responsibility to address human rights abuses in all Indian States. The issues we address are a product of our methodology. Manav Adhikar Emergency Helpline Association rarely uses litigation. If other organizations can effectively defend rights in the Indian States by filing lawsuits before the courts, we defer to them. But there are some rights in the Indian States that the courts are not effectively enforcing, especially when weak or unpopular minorities are the victims. Prisoners facing sexual assault, victims of police abuse, facing discrimination in many states, and workers seeking to organize unions, to cite several examples, today cannot reliably vindicate their rights in court. In such cases, our methodology can make a special contribution. Developed to enforce rights in country that lack effective judicial systems, our methodology of investigating, reporting and building public pressure on the executive and legislative branches of government can help protect rights in countries such as the India when the courts fail to protect certain categories of victims. Find out more about our work on human rights in India at our Web pages on www.manavadhikarProtection Organization.com.

What will be the Manav Adhikar Emergency Helpline Association's position on the death penalty?

Manav Adhikar Emergency Helpline Association opposes capital punishment in all circumstances because of its cruel and inhumane nature. The cornerstone of human rights is respect for the inherent dignity of all human beings and the inviolability of the human person. These principles cannot be reconciled with the death penalty, a form of punishment that is unique in its barbarity and finality. Moreover, the intrinsic fallibility of all criminal justice systems assures that even when full due process of law is respected, innocent persons may be executed. We will work globally in opposing the death penalty, including in the India, also to execute offenders who were under eighteen years of age at the time of their crime.

Does Manav Adhikar Emergency Helpline Association work on social, cultural, and economic rights?
Yes. Since its formation, Manav Adhikar Emergency Helpline Association has focused mainly on upholding civil and political
rights, but in the last decade we have increasingly addressed economic, social and cultural rights as
well. We pay particular attention to situations in which our methodology of investigation and reporting is most effective, such as when arbitrary or discriminatory governmental conduct lies behind an economic, social and cultural rights violation.


Does Manav Adhikar Emergency Helpline Association concern itself with the millions of people suffering, starving, and dying because they live in poverty?

Yes. Rather than handing out economic assistance – we are not a service-delivery organization – Manav Adhikar Emergency Helpline Association will address the underlying causes of poverty, such as discrimination, armed conflict, and displacement. We also examine human rights violations that exacerbate humanitarian crises, such as restrictions on the media and attacks on humanitarian agencies. We will press government and international financial institutions to incorporate human rights concerns into their economic development strategies.

How do you decide what reports to translate into other languages?

Our reports are produced in English, but we recognize the great value in issuing our reports in other languages. Most of our translation budget is dedicated to translating reports into languages where there is a large and interested readership. On our Web site, we will translate as much as possible with limited resources. Given the high cost of translation, we will depend on many volunteers for their expertise. In choosing, we will opt to translate the documents that are the broadest reaching and most current.

Did the Indian government start Manav Adhikar Emergency Helpline Association? Does the Indian government fund Manav Adhikar Emergency Helpline Association?


No, the Indian Government did not start Manav Adhikar Protection Organization, nor does Manav Adhikar Emergency Helpline Association accept any funds from the Indian government (or any other government). Indeed, we are often highly critical of the Indian government for its human rights policies. Manav Adhikar Emergency Helpline Association is a fully independent, nongovernmental organization, supported exclusively by contributions from private individuals and Protection Organizations nationwide. Manav Adhikar Protection Organization accepts no funds from any government, directly or indirectly, nor have we ever.


How much do you spend each year? How much do you spend on fundraising? How much do you spend on program vs. overhead?

From April 1, 2005 to March 31, 2006, our expenses were as follows:
Regional/Thematic Program Expenses Management and General Fundraising (Development and Outreach)
Total Operating Expenses Of the money raised by Manav Adhikar Protection Organization in fiscal year 2006, 17.6% of the money was spent on fundraising. For a more detailed breakdown of our income and expenses, will be published in our website shortly.


How can I find, join, or start a Human Rights group at my school?

We will encourage teachers and students to get involved by downloading information from our Web site, visiting the campaigns and community pages on our site, and signing up for our email newsletter. We welcome teacher and student support elsewhere as well.

Can Manav Adhikar Emergency Helpline Association provide advice on all areas of law?

Manav Adhikar Emergency Helpline Association can only provide a detailed response to queries that fall within the areas of law in which we have expertise. The areas in which we specialise are human rights, criminal justice,
police powers, immigration and privacy.

I already have a solicitor, can Manav Adhikar Emergency Helpline Association still advise me?

Manav Adhikar Emergency Helpline Association is not able to advise individuals who already have a solicitor acting for them, as it would be a breach of the Solicitors Practice Rules. You should raise any questions or concerns about your case with your solicitor.

Manav Adhikar Emergency Helpline Association does have a telephone advice service for solicitors who are seeking assistance on Human Rights Act issues relating to their cases. If your solicitor holds a Legal Services Commission contract he or she can contact us.

Can I refuse to be searched in the street if I am stopped by the police under their stop and search powers?

Also, Section 25 of the Indian Evidence Act, which stipulates that no ... Under Section 28(3) of the
Police and Criminal Evidence Act (PACE) 1984, ... The police do not have general powers, apart from those specified in statute, to stop and search you without consent. You should ask the police officer to explain on what basis they are searching you. If no search power exists you should be told that you do not have to consent and if you do not, you
should not be searched.

Part 1 of the Police and Criminal Evidence Act (PACE) 1984 empowers any constable acting with reasonable
grounds for suspicion to stop, detain and search you. The provisions of the Act are supplemented by a Code of Practice on stop and search. The police must observe the contents of the Code, although the remedy for failure to observe it is usually to make a police complaint - or if prosecuted to raise an objection in court - rather than to take legal proceedings against the police.

The power of stop and search under PACE can only be exercised if the constable has reasonable grounds
for suspecting that stolen or prohibited articles or knives will be found. The Code of Practice
elaborates on this requirement. There must be some concrete basis for the officer's belief, related to
you personally, which can be considered and evaluated by an objective third person. Mere suspicion based
on hunch or instinct might justify observation but cannot justify a search.

Reasonable grounds for suspicion cannot be based solely on attitudes or prejudices towards certain types of people, such as membership of a group within which offenders of a certain kind are relatively common - for example, young football fans. Nor can it be based solely on your skin colour, age, hairstyle, mode of dress, or previous convictions for possessing an unlawful article.

In carrying out a search the police may not force you - but may request you - to remove any clothing in public - even if the street is empty - other than an outer coat, jacket or gloves. A more thorough search, involving the removal for instance of a hat or shoes, or a strip search - but not an intimate search - may take place in private, but it must be near to where you were stopped. Thus it could take place, for example, in a police van. No search involving exposure of intimate parts of the body may take place in a police van. The Code states that such searches must be by a police officer of your sex and must be in the absence of any one of the opposite sex, unless you specifically request otherwise.

A constable contemplating a search under any power to search - before or without arrest - must take reasonable steps to bring the following to your attention:

• If the constable is not in uniform, proof that he or she is a constable, which the Code says must be by showing a warrant card.
• The constable's name and police station.
• The object of the proposed search.
• The constable's grounds for proposing to search.
• The availability of a search record if it is practicable to make one.

The search may not be commenced until the constable gives you such information, and the information must be given even if not requested.

Search records
A constable who has carried out a search under any power to search - without or before making an arrest - must make a written record on the spot, or later if that is impracticable, unless it is totally impracticable to make a record at all because of the numbers involved or for some other operational reason.

The Code of Practice requires the search record to include your name, or if the police do not know your name, a description of you and a note of your ethnic origin. The record must identify the person making it and state the object of the search, the grounds for making it, the date, time and place, whether anything — and if so what — was found, and whether any — and if so what — injury or damage resulted from the search.

You are entitled to get a copy of any record made, on request, within twelve months of the date of the search.

 

I have a question that is not answered on this page. Will you answer it?
Sure! If you have a question, just send it to us. We try to answer as many inquiries as we can.

More About Manav Adhikar Emergency Helpline Association

Under Which Act you work?

We work Under the act of Human Rights Protection Act described as follows :- In terms of Section 2 of the Protection of Human Rights Act, 1993(hereafter referred to as 'the Act'), "human rights" means the rights relating to life, liberty,equality and dignity of the individual guaranteed under the Constitution or embodied in the International Covenants and enforceable by courts in India. "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December1966.

Where are you located?

Our headquarters is in New Delhi. We also maintain offices in Lucknow, Bareily, Noida, Rampur, Ghaziabad, Hyderabad and Mumbai. Sending fact-finding teams to places where there have been allegations of serious human rights abuses carries out most research.

How large is the staff of Manav Adhikar Emergency Helpline Association?

As of March 31, 2006, Manav Adhikar Emergency Helpline Association has staff of approximately 3500.Our work is supplemented with the generous help of interns, volunteers, and members.

How do you do your work?

Manav Adhikar Emergency Helpline Association researchers conduct fact-finding investigations into human rights abusesby governments and non-state actors in all regions of the country. We visit the site of abuses to interview victims, witnesses and others. We are going to publish our findings in dozens of books and reports, generating extensive coverage in local and national media. In moments of crisis, we seek toreport up-to-the-minute information so as to maximize the impact of our work. By exposing humanrights violations, this publicity shames abusers and helps to put pressure on them to reform theirconduct. Manav Adhikar Protection Organization seeks dialog with offending governments to encourage them to change abusive laws and policies. We will also enlist the support of other influential actors such as the UnitedNations, the European Union, international financial institutions, the Indian government, and others.In the case of particularly egregious abuses, Manav Adhikar Emergency Helpline Association may press for the withdrawal of military and certain economic support.

How is Manav Adhikar Emergency Helpline Association different from any other Organizations?

Apart from Manav Adhikar Emergency Helpline Association there are several human rights organizations operating worldwide in most situations of severe repression or abuse. Though close allies, all the groups play complementary roles, reflecting a healthy division of labor. The major differences lie in the groups’ structure and methods for promoting change.Manav Adhikar Emergency Helpline Association is a mass-membership organization. Mobilization of those members is the organization's central advocacy tool. Manav Adhikar Emergency Helpline Association’s principal advocacy strategy is to shame offenders by generating press attention and to exert diplomatic and economic pressure on them by enlisting influential governments and institutions. With the help of our significantly smaller membership base, we have also played a key role in violation some specific human right abuses.To facilitate communication with its membership, Manav Adhikar Protection Organization addresses a narrower set of abuses. Traditionally, it has focused on abuses confronting individual prisoners, although it has gradually broadened this case and prison orientation to address other abuses as well. Manav Adhikar Emergency Helpline Association has long addressed a far broader range of abuses, including not only prisoner-related concerns but also many abuses that do not involve custody, such as discrimination, censorship and other restrictions on civil society, issues of democratization and the rule of law, and a wide array of war-related abuses, from the indiscriminate shelling of cities to the use of landmines. Manav Adhikar Emergency Helpline Association prides itself on aggressively expanding the categories of victims who can seek protection from our movement. In the coming year, we will gradually add special programs devoted to the rights of women, workers, children, common prisoners, migrants, refugees, academics, and people living with HIV and AIDS.

What are the kinds of issues on which complaints can you take?

Since its inception, the Organization can take variety of types of complaints.
In respect of police administration
illegal arrest
Other police excesses
Custodial deaths
Encounter deaths
Harassment of prisoners; jail conditions
Atrocities on SCs and STs
Bonded labour, child labour
Child marriage
Communal violence
Dowry death or its attempt; dowry demand
Abduction, rape and murder
Sexual harassment and indignity to women, exploitation of women
Numerous other complaints which cannot be categorized, have also been taken up .

How do you decide which cities to work on?

Because of limited resources, Manav Adhikar Emergency Helpline Association tries to strike a balance in its work between cities with the worst human rights problems and cities where there is a moment of special opportunity for us to propel change. That is, we consider the severity of abuses, the number of people affected, and the possibility for impact. In making this assessment, we take into account the ability of our researchers to obtain current and accurate information, either by going to the country or by obtaining reliable information from refugees, exiles, and other reliable sources, as well as the existence of other local organizations with which we can work.Plans are set accordingly and then reassessed as events unfold. We try to anticipate trouble spots, but we also allow for unforeseen crises by having emergency researchers ready to be deployed quickly. To be most effective, we try to remain focused as well as flexible and responsive.

Wouldn't it save more lives to prevent abuses instead of documenting them after the fact?

Documenting abuses is inherently a preventive strategy. When we investigate and expose past human rights violations, we seek to hold their authors accountable, both politically and judicially. We shame abusers and promote their prosecution. Our aim is to increase the price of human rights abuse. The more reliably this can be done, the more would-be abusers will think twice before committing future human rights violations.

Do you work on all the States?

Yes. As the one of the largest human rights organization based in the India, we have a special responsibility to address human rights abuses in all Indian States. The issues we address are a product of our methodology. Manav Adhikar Emergency Helpline Association rarely uses litigation. If other organizations can effectively defend rights in the Indian States by filing lawsuits before the courts, we defer to them. But there are some rights in the Indian States that the courts are not effectively enforcing, especially when weak or unpopular minorities are the victims. Prisoners facing sexual assault, victims of police abuse, facing discrimination in many states, and workers seeking to organize unions, to cite several examples, today cannot reliably vindicate their rights in court. In such cases, our methodology can make a special contribution. Developed to enforce rights in country that lack effective judicial systems, our methodology of investigating, reporting and building public pressure on the executive and legislative branch of government can help protect rights in countries such as the India when the courts fail to protect certain categories of victims. Find out more about our work on human rights in India at our Web pages on www.mapo.in

What will be the Manav Adhikar Emergency Helpline Association's position on the death penalty?

Manav Adhikar Emergency Helpline Association opposes capital punishment in all circumstances because of its cruel and inhumane nature. The cornerstone of human rights is respect for the inherent dignity of all human beings and the inviolability of the human person. These principles cannot be reconciled with the death penalty, a form of punishment that is unique in its barbarity and finality. Moreover, the intrinsic fallibility of all criminal justice systems assures that even when full due process of law is respected, innocent persons may be executed. We will work globally in opposing the death penalty, including in the India, also to execute offenders who were under eighteen years of age at the time of their crime.

Does Manav Adhikar Emergency Helpline Association work on social, cultural, and economic rights?

Yes. Since its formation, Manav Adhikar Emergency Helpline Association has focused mainly on upholding civil and political rights, but in the last decade we have increasingly addressed economic, social and cultural rights as well. We pay particular attention to situations in which our methodology of investigation and reporting is most effective, such as when arbitrary or discriminatory governmental conduct lies behind an economic,social and cultural rights violation.

Does Manav Adhikar Emergency Helpline Association concern itself with the millions of people suffering, starving, and dying because they live in poverty?

Yes. Rather than handing out economic assistance – we are not a service-delivery organization – Manav Adhikar Emergency Helpline Association will address the underlying causes of poverty, such as discrimination, armed conflict, and displacement. We also examine human rights violations that exacerbate humanitarian crises, such as restrictions on the media and attacks on humanitarian agencies. We will press government and international financial institutions to incorporate human rights concerns into their economic development strategies.

How do you decide what reports to translate into other languages?

Our reports are produced in English, but we recognize the great value in issuing our reports in other languages. Most of our translation budget is dedicated to translating reports into languages where there is a large and interested readership. On our Web site, we will translate as much as possible with limited resources. Given the high cost of translation, we will depend on many volunteers for their expertise. In choosing, we will opt to translate the documents that are the broadest reaching and most current

Did the Indian government start Manav Adhikar Emergency Helpline Association? Does the Indian government fund Manav Adhikar Emergency Helpline Association?

No, the Indian Government did not start Manav Adhikar Protection Organization, nor does Manav Adhikar Emergency Helpline Association accept any funds from the Indian government (or any other government). Indeed, we are often highly critical of the Indian government for its human rights policies. Manav Adhikar Emergency Helpline Association is a fully independent, nongovernmental organization, supported exclusively by contributions from private individuals and Protection Organizations nationwide. Manav Adhikar Protection Organization accepts no funds from any government, directly or indirectly, nor have we ever.

How much do you spend each year? How much do you spend on program vs. overhead?

From April 1, 2005 to March 31, 2006, our expenses were as follows:
Regional/Thematic Program Expenses
Management and General
Fundraising (Development and Outreach)
Total Operating Expenses
Of the money raised by Manav Adhikar Emergency Helpline Association in fiscal year 2006. For a more detailed breakdown of our income and expenses, will be published in our website shortly.

How can I find, join, or start a Human Rights group at my school?

We will encourage teachers and students to get involved by downloading information from our Web site,visiting the campaigns and community pages on our site, and signing up for our email newsletter. We welcome teacher and student support elsewhere as well.

Can Manav Adhikar Emergency Helpline Association provide advice on all areas of law?

Manav Adhikar Emergency Helpline Association can only provide a detailed response to queries that fall within the areas of law in which we have expertise. The areas in which we specialise are human rights, criminal justice, police powers, immigration and privacy.

I already have a solicitor, can Manav Adhikar Emergency Helpline Association still advise me?

Manav Adhikar Emergency Helpline Association is not able to advise individuals who already have a solicitor acting for them,as it would be a breach of the Solicitors Practice Rules. You should raise any questions or concernsabout your case with your solicitor.Manav Adhikar Protection Organization does have a telephone advice service for solicitors who are seeking assistanceon Human Rights Act issues relating to their cases. If your solicitor holds a Legal Services Commissioncontract he or she can contact us.

Continuous hits are being made by Manav Adhikar Protection Organisation to address various
Human Rights Issues.
""

Some of these issues are being monitored by NHRC as Programmes on the directions of the
Supreme Court.
Looked Up Human Rights issues taken up by the Commission include :-
- Review of the Child Marriage Restraint Act, 1929
- Protocols to the Convention on the Rights of the Child
- Preventing Employment of Children by Govt. Servants: Amendment of Service Rules
- Abolition of Child Labour
- Guidebook for the Media on Sexual Violence against Children
- Trafficking in Women and Children : Manual for the Judiciary for Gender Sensitisation
- Sensitization Programme on Prevention of Sex Tourism and Trafficking
- Maternal Anaemia and Human Rights
- Combating Sexual Harassment of Women at the Work Place
- Harassment of Women Passengers in Trains
- Abolition of Manual Scavenging
- Rights of the Disabled
- Right to Health