Internet journalist sentenced to twenty-eight months in prison
Protection to Religious Minorities in india.
P.J.Sudhakar.
India is a sovereign socialist, secular, democratic republic. Liberty, equality and fraternity are the hallmarks of our democracy which is enshrined in the preamble of the Indian Constitution. The fundamental rights clearly envisaged the right to equality before law and prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth and equality of opportunity in jobs. Though our country consists of people belonging to different castes. communities, races, religions, languages and cultures, our strength lies in unity in diversity. The welfare, safety, security and development of minorities are among the Government’s priorities .
The Government has notified five communities as minorities . They are Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis). According to the 1991 census they constitute about 18 per cent of the country’s total population. The educational and economic development of this significant section of our population and their mainstreaming is crucial for achieving the major national goals of development and social justice. The Government aims at creating conditions in which the minorities are assured of their constitutional and legal rights at par with everybody also.
Proper education is essential for the development of minorities. A large section among them continues to remain educationally backward. Improvement in literacy levels, upgradation of quality of education and its relevance to the emerging employment opportunities are crucial for the minorities development. The Union Ministry of Social Justice and Empowerment is actively considering introduction of a merit-based scholarship scheme for the minorities to utilize the available facilities for achieving quality education for them.
The Maulana Azad Education Foundation has been set up as an autonomous organization with the objective of promoting education amongst the educationally backward sections of the society, the minorities in particular and the rest in general. The Central Government has been providing grants-in-aid to the Foundation under a scheme to build up a corpus fund. Interest accruals are utilized by the Foundation for pursuing activities relating to educational empowerment of the minorities.
The Union Home Ministry’s high-powered panel set in 1980 had identified Muslims and neo-Buddhists as educationally backward at the national level. The National Policy of Education,1986 (updated in 1992) envisages paying greater attention to the educationally-backward minorities in the interest of equality and social justice. The Department of secondary and Higher Secondary Education of the Union Ministry of Human Resource Development has started several programmes of educational development for minorities where they are in sizable numbers.
An area-intensive programme is being implemented covering 325 blocks in 13 States, three Union Territories and four districts in Assam to provide basic educational infrastructure and facilities. The Department is also implementing a scheme for modernization of Madarsa education and financial assistance is provided for teaching of science, mathematics, social studies and languages in traditional educational institutions on voluntary basis. The scheme of community polytechnics aims at upgrading technical skills of eligible persons belonging to the minority communities.
Safeguards
Under the Constitution of India, certain safeguards have been granted to the religious and linguistic minorities. Article 25 of the Constitution provides the right to freedom of religion. Under Articles 29 and 30 the Constitution seeks to protect the interests of minorities and recognize their right to conserve their languages, scrip and cultures as also to establish and administer educational institutions of their choice. Articls 350 A provides for instruction in their own mother tongues at the primary stage of education to children belonging to the linguistic minorities. Article 350 B provides for a special officer to investigate all matters relating to the safeguards provided for linguistic minorities in the Constitution.
Parliament enacted the National Commission for Minorities Act in May 1992 giving statutory status to the erstwhile Minorities Commission and thus making it a more effective body to safeguard the interests of minorities. The aim of the Commission is to effectively implement the Constitutional safeguards and make recommendations to the Central or State Government as the case may be for their uplift . The Commission has constituted a Minority Education Cell to exclusively look after the problems being faced by the minority educational institutions with regard to recogniton, affiliation and grants-in-aid.
The Commission for Linguistic Minorities came into existence as a result of the recommendations of the State Reorganisation Commission in 1956. Under Article 350 B the Commissioner for Linguistic Minorities will investigate all matters relating to the safeguards provided for them. He looks into representations and complaints received from various associations and individuals belonging to the linguistic minorities. He will report these matters to the President at such intervals as the President may direct.
Beneficial Measures
The National Minorities Development and Finance Corporation (NMDFC) has been set up with an authorized share capital of Rs.500 crore for providing concessional finance to eligible beneficiaries amongst the minority communities including occupational groups and women for setting up self-employment ventures. The Government of India’s share in the equity of NMDFCis subject to pro-rata condtribution from the State Governments and UT administrations as may be the case. The NMDFC has taken up micro financing through NGOs for assisting the poorest among the minorities who have no access to financial institutions. Under this scheme interest-free loans are provided for formation of self-help groups.
Wakfs
Wakfs are permanent dedication of movable or immovable properties recognized by the Muslim law as religious, pious or charitable. Better management of these institutions and fuller realization of their objectives will contribute to the development and progress of society. The Union Ministry of Social Justice and Empowerment is responsible for administering the Central legislation for Wakfs. The Wakfs Act, 1995 has been enacted by Parliament to strengthen the administration of Wakfs. It envisages a decentralized set up and also provides for democratization of Wakf Boards. The Central Government has powers to coordinate the functions of Central Wakf Council and State Wakf Boards with regard to the secular activities of Wakfs. The internationally famous Wakf Durgah of Hazrat Khwaja Moinuddin Chisti at Ajmer is governed by Daurgah Khwaja Saheb Act 1955. This endowment is managed by a committee under the Centres’s supervision. It also conducts charitable activities.
Communal Harmony
The Press Council of India has issued guidelines to the media in reporting communal violence. All India Radio and Doordarshan play a major role in restoring. harmony and peace in areas affected by communal riots. The Directorate General of Employment and Training of Union under the Ministry of Labour has assured the State Governments to ensure impartiality in sponsoring minority candidates for vocational training courses. The Department of Personnel and Training has made it mandatory for all central undertakings to have at least one member belonging to the minority community on the selection board constituted for reemitting candidates for ten or more 700sts in Group C and Group D posts. Section of minorities which have been included in the OBC list are also eligible to take advantage of reservation provisions in the Civil Services and posts in Government of India at par with other OBC candidates.
Under Article 51 A it is the fundamental right of every citizen of India to maintain and promote communal harmony and spirit of common brotherhood amongst the people of India transcending religious, linguistic and regional or sectional diversities. Promotion of communal harmony enhances patriotic spirit and human bonds and to ensure peace and prosperity in the country.
Internet journalist sentenced to twenty-eight months in prison
New York, June 22, 2002—The Committee to Protect Journalists (CPJ) has condemned the 28-month prison sentence handed down yesterday in the trial of Zouhair Yahyaoui, editor of the online publication Tunezine.
A Tunis court found Yahyaoui guilty of intentionally publishing false information, a violation of Article 306 of the country's Penal Code. The charge was in response to a number of articles posted on Tunezine, including a recent piece that criticized the May 26 constitutional referendum in which 99.52 percent of voters approved constitutional changes to allow President Zine al-Abidine Ben Ali to run for a fourth term as president.
Yahyaoui was also found guilty of using stolen communication lines to post his Web site, a violation of section 84 of the Telecommunications Code. "The imprisonment of Zohair Yahyaoui is further testimony to the Tunisian government's determination to silence media criticism," said CPJ executive director, Ann Cooper. "Yahyaoui has been unjustly jailed and should be released immediately."
A source at the trial told CPJ that Yahyaoui protested by refusing to be present during the trial. According to the source, Yahyaoui's lawyers have ten days to submit an appeal. Yahyaoui remains in custody. Since Yahyaoui established Tunezine in July 2001 using a pseudonym, the site has frequently run articles and commentary—including the views of leading Tunisian dissidents—that are highly critical of the Tunisian government. Tunisian authorities have blocked the Web site to users inside Tunisia, but Tunezine has often circumvented these barriers by establishing alternate addresses. Yahyaoui has been detained since June 4, when he was picked up at the Internet cafe where he works.
TUNISIA: CPJ protests the arrest and prosecution of Internet journalist
June 19, 2002His Excellency Zine al-Abidine Ben Ali
President of the Republic of Tunisia
Presidential Palace Carthage, Tunisia
Via facsimile: : 011 (216) 71 744-721
Your Excellency:
The Committee to Protect to Journalists (CPJ) is writing to protest the arrest and prosecution of Zouhair Yahyaoui, an Internet café employee and editor of the online publication Tunezine.
On the evening of June 4, plainclothes state agents detained Yahyaoui at an Internet café in the capital, Tunis. Authorities then searched Yahyaoui's home and confiscated disks and other computer materials.
After spending several days in detention, Yahyaoui was charged in court on June 13 with intentionally publishing false information—a violation of Article 306 of the Penal Code.
The charge, which carries a maximum sentence of five years in prison, comes in response to a number of articles posted on Tunezine, including a recent piece that criticized the May 26 constitutional referendum in which 99.52 percent of voters approved constitutional changes to allow Your Excellency to run for a fourth term as president.
Yahyaoui was also charged with using stolen communication lines to post his Web site, a violation of section 84 of the Telecommunications Code. This crime carries a maximum sentence of five years.
Yahyaoui's lawyer believes that this additional charge is a direct attempt to add to his client's potential prison sentence and to silence the Web site.
Since Yahyaoui established Tunezine in July 2001 using a pseudonym, the Web site has frequently run articles and commentary—including the views of leading Tunisian dissidents—that are highly critical of the Tunisian government.
Tunisian authorities have blocked the Web site to users inside Tunisia, but Tunezine has often circumvented these barriers by establishing alternate addresses.
Yahyaoui's case is adjourned until tomorrow, June 20.
As a nonpartisan organization of journalists dedicated to defending press freedom worldwide, CPJ views the arrest and criminal prosecution of journalists for publishing unflattering news about the government as a clear violation of the internationally recognized right to free expression.
We respectfully urge Your Excellency to do everything within your power to ensure that Yahyaoui is freed immediately and that the charges against him are dropped. We further ask that you use your position as president of Tunisia to provide guarantees that enable Yahyaoui and other Tunisian journalists to practice their professional work freely without official interference.
Thank you for your attention to this urgent matter. We look forward to your reply.
Sincerely,
Ann Cooper
Executive DirectorDutch Journalists murder investigation Suspended
New York, June 19, 2002—In a letter sent yesterday to Indonesian prime minister Megawati Sukarnoputri, CPJ protested last week's announcement that Indonesian officials are abandoning their investigation into the murder of Sander Thoenes, a Dutch journalist who was reporting for The Financial Times and The Christian Science Monitor when he was killed in East Timor in September 1999. Separate investigations conducted by the United Nations, Dutch authorities, and The Christian Science Monitor identified members of Indonesian army Battalion 745 as prime suspects in the murder. On June 13, Barman Zahir, a spokesman for the Attorney General's Office, told The Associated Press that Indonesian investigators did not have enough evidence to prosecute Thoenes' murder.
"Failure to prosecute Sander Thoenes' murder raises troubling questions about [the Indonesian government's] commitment to press freedom and to accountability for the crimes committed in East Timor," wrote CPJ executive director Ann Cooper.
