Inhuman and Degrading Treatment of Mentally Ill Women Patients in a Public Hospital

Geneva, 20 March 2008.

The International Secretariat of the World Organisation Against Torture (OMCT) has received information and requests your URGENT intervention in the following situation in West Bengal, India.

The International Secretariat of OMCT has received information from the Centre for Organisation Research and Education (CORE), a member of the SOS-Torture Network, regarding the case of women patients who were kept in a state of total nakedness by the staff members of the State-run Calcutta Pavlov Mental Hospital, Kolkata, West Bengal, on 8 March 2008.

According to the information received, while one of the female patients’ daughter was visiting her mother with Doctor Ashish Acharya, they found that all the female patients were made to stay naked in the ward. The staff alleged that the clothes were gone for washing.

Subsequently the Hospital staff allegedly diminished the seriousness of their acts and the Health Department of the West Bengal Government has not taken any action with respect to these allegations. The daughter of a patient that was visiting her mother day came under shock in the sight of her mother in this state.

OMCT fears that this incident may be one in a series of abuses that may amount to torture of ill-treatment of extremely vulnerable persons and calls for a thorough investigation into these and other events that may have taken place at the same hospital.

OMCT recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4(b) that States should itself “refrain from engaging in violence against women”. The Calcutta Pavlov Mental Hospital being a governmental hospital, the staff members are considered as State agents and their behaviours engage directly the State’s responsibility.

Moreover, OMCT reminds that according to article 4(c) of this Declaration States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."

Action requested:

Please write to the authorities in India urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of the mentally ill women patients of the Calcutta Pavlov Mental Hospital as well as their family members;
2. Ensure a thorough and impartial investigation into these events in order to bring those responsible for to trial and apply the penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate rehabilitation and compensation is awarded to the victims but also to the daughter of one of the patients regarding the shock she experienced;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, and especially put an end to this kind of abuses against mentally ill women patients.

Addresses:

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email: supremecourt@nic.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• National Commission for Women, 4 Deen Dayal Upadhayaya Marg, New Delhi-110 002. Fax: +91-11-23236154. E-mail: ncw@nic.in.

Regional and local addresses:

• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• West Bengal Commission for Women (WBCW), 10 Reiny Park, Kolkata - 19. E-mail: chairperson@wbcw.org
• Howrah District Magistrate, West Bengal. E-mail: dm-how@wb.nic.in. Tel +91 26603367

Ambassadors:

• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9 (6ème étage), 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
• Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

Please also write to the embassies of India in your respective country.

Geneva, 20 March 2008.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.