Asha – Page 49 – free them all

Criminalisation of passive membership under the UAPA

27/03/2023 Asha

The Leaflet / by Mihir Desai

The running motif of the recent Supreme Court judgment on the UAPA (and POTA and TADA) is that under the guise of sovereignty and integrity of the nation, the Parliament can do anything and pass any law. The judgment is likely to lead to more arrests and denial of bail, and further stigmatise dissidents and their work. It virtually sanctions a police State.
…
Additionally, the First Schedule to the UAPA, which lists banned terrorist organisations, mentions in many entries that their ‘frontal organisations’ are also banned. These frontal organisations are not notified anywhere and suddenly make their first appearance only in chargesheets. For instance, in the Bhima Koregaon cases, the chargesheets filed by national investigation agencies implicate persons on the basis of their membership of frontal organisations such as the Committee for Protection of Democratic Rights and the Indian Association of Peoples Lawyers, among others. These organisations were never notified as unlawful or banned. But by the present judgment, mere membership of these organisations will render all members liable to prosecution and punishment.
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Also read:
● UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022)
● NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)
● 2 years, 3 charge sheets & 16 arrests — Why Bhima Koregaon accused are still in jail (The Print / Oct 2020)

Professor Hany Babu gets Honorary Degree by Ghent University in Belgium

23/03/2023 Asha

The Polis Project / by Jenny Rowena

Professor MT Hany Babu, Koregaon-Bhima accused, to get doctorate from Belgium varsity

24/03/2023

Times of India / by TNN

Professor MT Hany Babu, arrested for his alleged role in Koregaon Bhima — Elgar parishad case, is set to receive an honorary doctorate from the faculty of arts and philosophy of Ghent University, Belgium.
Babu, a former Delhi University (DU) associate professor, is in jail since July 2020, with the high court rejecting his bail plea after it was opposed by the National Investigation Agency (NIA), which claims he is a member of the banned Communist Party of India (Maoist).
The degree and the epitoga for Babu would be handed over to Babu’s promoter Annie Breitbarth, associate professor of inguistic in the German section, on the occasion of the university’s ‘Dies Natalis’ or Anniversary Day on Friday.
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Linguistics honour for jailed professor

24/03/2023

The Telegraph / by Pheroze L. Vincent

The honour is scheduled to be given on Friday and will be received on Babu’s behalf by Professor Anne Breitbarth of Ghent University’s faculty of arts and philosophy who had recommended his name
Jailed Delhi University associate professor Hany Babu M.T. has been awarded an honorary doctorate by Belgium’s Ghent University. Babu is in a Navi Mumbai jail, awaiting trial in the Elgaar Parishad case.
… Babu was active in the defence committee for G.N. Saibaba, a disabled Delhi University professor serving a life sentence in Nagpur since 2014 for alleged Maoist links. He had earlier been known for his activism for the implementation of OBC reservation in higher education.
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Jailed professor Hany Babu gets Honorary Degree by Ghent University in Belgium

23/03/2023

Maktoobmedia / by Maktoob Staff

Delhi University professor and noted academic Dr Hany Babu, who is one of the UAPA prisoners in the Bhima Koregaon-Elgar Parishad case has been granted an honorary doctorate degree by Ghent University in Belgium.
The faculty of Arts and Philosophy of Ghent University, which nominated Dr Hany Babu’s name to the executive committee, justified its nomination by pointing at his efforts to safeguard the importance of academic freedom and his commitment to language rights and equal access to education for minorities, said Jenny Rowena, wife of Babu.
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Also watch:

Anne Breitbarth, Words of Solidarity for Hany Babu, July 2021

en | 2:24min | 2021
Anne Breitbarth, Associate Professor of Historical Linguistics (Ghent University) offers words of solidarity for Hany Babu on the occasion of one year of Babu’s imprisonment. This pre-recorded video has been made as part of the conference Language and the Problem of Justice organised between 22 and 24 July 2021, by Friends of Hany Babu, in collaboration with Scholars at Risk and The Institute for Post-Colonial Studies.
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Podcast: How are women treated in Indian prisons | Teesta Setalvad | Sudha Bhardwaj | Sokalo Gond

21/03/2023 Asha

en/hindi | 13:18min | 2023

By Citizens for Justice and Peace (cjp)

Episode 18 of CJP’s Podcast Series RightsCast
How does the Indian Prison system strip the women inmates of their basic rights and dignity? In a patriarchal society, within a prison system that’s designed to focus on male inmates, how do female prisoners navigate their incarceration?
Listen to this in-depth podcast on the conditions of women inmates in India’s prisons where human rights activists, Adivasi leaders, student activists, lawyers and citizens-in-resistance share stories of horror and explore the plight of women in prison.
Listen to the podcast

Video: Being inside the Jail is a dehumanising experience | Sudha Bharadwaj | QUAID KE PARE

By Citizens for Justice and Peace
hindi | 3:13min
Watch video

Video: Healthcare and Mental Health inside Prison | Sudha Bharadwaj | QUAID KE PARE

By Citizens for Justice and Peace
hindi | 5:51min
Watch video

Also watch/read:

● Video: The Conditions of Prisoners in Indian Jails

By All India Lawyers’ Association for Justice – AILAJ / March 2022

en | 1:21:23 | 2022
The huge number of undertrials, the overcrowding, and the disproportional numbers of Dalit, Muslim and Adivasi prisoners are part of the prison problem in India.
We are joined by Adv. Sudha Bharadwaj for a discussion on the Conditions of Prisoners in Indian Jails.
Watch video

● ‘Buzz of a Mosquito… But With the Sound of Grief’: The Lives of India’s Women Prisoners (The Wire / March 2021)

US government report flags ‘significant human rights issues’ in India

21/03/2023 Asha

US government report flags ‘significant human rights issues’ in India

22/03/2023

Scroll.in / by Scroll Staff

The report was released nearly a year after US Secretary of State Antony Blinken expressed concern about the ‘rise in human rights abuses’ in India.
An annual report released by the United States government on Monday flagged “significant human rights issues” in India, including extra-judicial killings, torture and arbitrary arrests.
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Country Reports on Human Rights Practices for 2022

20/03/2023

By United States Department of State Bureau of Democracy, Human Rights and Labor

…
Arbitrary Arrest: The law prohibits arbitrary arrest or detention, however, police reportedly continued to arrest persons arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants…
Multiple courts denied bail to the majority of the 16 activists incarcerated on conspiracy charges related to the Elgaar Parishad Bhima Koregaon protests that Page 10 resulted in several deaths. The accused claimed the charges were politically motivated. In 2021, human rights activist and Jesuit priest Father Stan Swamy, age 84, died in a private hospital after contracting COVID-19 in prison and after being denied bail on medical grounds by an NIA special court. On August 10, the Supreme Court granted bail on medical grounds to Varvara Rao, age 82, a poet and human rights activist, and directed that he should not leave Mumbai without the court’s permission. On November 26, the Supreme Court affirmed the Bombay High Court’s order to release Anand Teltumbde, age 73, on bail on the condition that he remain within the Mumbai jurisdiction until the trial concludes. Additionally, activist Sudha Bharadwaj was released on bail in December 2021.
Read full report

Civic Freedoms in India ‘Repressed’: Global Monitor Civicus

17/03/2023 Asha

The Wire / by The Wire Staff

The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line.
Civicus, a global civil society alliance, has kept India’s status as ‘repressed’ when it comes to civic freedoms in its new report, People Power Under Attack 2022. In 2018, India’s civic freedoms had been categorised as ‘obstructed’ – but it was downgraded to ‘repressed’ in 2019 has stayed in that zone ever since.
The section on India talks about the use of draconian laws like the UAPA and the use of the FCRA to target NGOs who do not toe the government’s line:
“In India, anti-terror laws such as the repressive Unlawful Activities (Prevention) Act have been systematically used by the government of Prime Minister Narendra Modi to keep student activists and HRDs – such as people the state alleges to have instigated violence in the village of Bhima Koregaon in 2018 – in detention.
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Read full report „People Power Under Attack 2022“

Has India Ever Been a Democracy? – Book review by Anand Teltumbde

14/03/2023 Asha

The Wire / by Anand Teltumbde

Debashish Roy Chowdhury and John Keane’s ‘To Kill a Democracy’ deals with the question how democracies get killed and dismisses the commonplace perspective of the “breakdowns”.

“Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic…”
∼ B.R. Ambedkar

The title of Debashish Roy Chowdhury and John Keane’s book, To Kill a Democracy: India’s Passage to Despotism, implies that India was a democracy which has been killed and transformed into despotism under Narendra Modi. Not quite; it rather argues that the current state of degeneration, though representing a kink in the slow-paced rhetorical liberalism of plutarchy, is not entirely brought about by the Hindutva dispensation.
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Bhima Koregaon Case: An Analysis Of The Legal Framework, Evidence, And Implication for Civil Liberties

12/03/2023 Asha

Journal of Legal Research and Juridical Sciences / by Olivia Hati, Yuvraj Singh

ABSTRACT
The Bhima Koregaon case refers to the arrests of several human rights activists and lawyers in India in 2018 for their alleged involvement in inciting violence during the Bhima Koregaon incident 2018. The Bhima Koregaon incident was a violent clash between Dalits (a historically marginalized community in India) and upper-caste groups in Maharashtra. The activists were accused of having links with Maoist organizations and were charged under the stringent Unlawful Activities (Prevention) Act, 1967 (UAPA), which allows for prolonged detention without bail and has been criticized for its potential for misuse. The case has been controversial, with many civil society groups and human rights organizations alleging that the arrests were politically motivated and an attempt to silence dissenting voices. The case has also drawn international attention, with several UN experts expressing concern about the treatment of the activists and the potential for human rights violations in the case.
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Video: “Plan to curtail civil society,” says Hany Babu’s wife Jenny Rowena

11/03/2023 Asha

en | 11:58min | 2023

Maktoobmedia.com / by Shaheen Abadulla

Jenny Rowena, the wife of jailed Delhi University professor Hany Babu, laments the situation of prisons in India and accuses that, as a society, we failed to have a social ethos that never undermines prisoners’ rights.
While talking to Maktoob‘s Shaheen Abdulla, she emphasized that medical negligence in prisons has led to serious conditions for Babu, who is booked under UAPA in the Elgar Parishad Bhima Koregaon case.
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Koregaon Bhima commission to call Prakash Ambedkar to appear / The Strange Answers Of Shivaji Pawar

07/03/2023 Asha

Graphic by Arun Ferreira & Vernon Gonsalves

The Strange Answers Of Shivaji Pawar

07/03/2023

Rediff.com / by Jyoti Punwani

For four days, the officer avoided giving any straight answers, becoming the first witness in the 48 witnesses that have appeared so far, to have achieved this feat.
For four days last week, Deputy Commissioner of Police Shivaji Pawar, the investigating officer in charge of the Elgar Parishad case till it was taken over by the National Investigation Agency, was cross-examined before the Bhima Koregaon Commission.
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Koregaon Bhima inquiry commission to call Prakash Ambedkar to appear before it on March 27

04/03/2023

The Indian Express / by Chandan Haygunde

The two-member commission was formed by the Maharashtra government to investigate the cause of violence in the Koregaon Bhima area on January 1, 2018. One person died and several others were injured in the violence.
The Koregaon Bhima Commission of Inquiry has passed an order to issue a ‘letter of request’ to prominent Maharashtra Dalit leader Prakash Ambedkar, asking him to appear before it during a hearing in Pune on March 27.
The order was passed on Thursday following an application filed by advocate Aashish Satpute, the lawyer representing the commission.
Read more

Also Read:
● Top Investigating Officer Admits Elgar Parishad Event ‘Had No Role’ in Bhima Koregaon Violence (The Wire / Dec 27, 2022)
● Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 30, 2018)
● Saffron Conspiracy in Bhima Koregaon? – Fact finding report by Rashtra Seva Dal unearths insidious scheme to target Dalits (CJP / Jan 2018)

Several retired bureaucrats recalled the custody death of Jesuit priest Stan Swamy

04/03/2023 Asha

By Constitutional Conduct Group

CCG OPEN LETTER TO THE HON’BLE PRIME MINISTER OF INDIA – HARASSMENT OF THE CHRISTIAN COMMUNITY
Honourable Prime Minister Shri Narendra Modiji,
… We write to you today because we are deeply perturbed by the continued harassment, through speech and criminal action, of minority groups in the country by persons associated with your government, your party, organisations connected to it, and by mischief makers from amongst the public.
… Jesuit priest, Father Stan Swamy, for no fault of his except that he was closely working with the Adivasis, Dalits and other underprivileged people of Jharkhand, was virtually driven to his death by no less than the State.
Read full statement

Also Read:
● Organisation named after Stan Swamy calls to free rights defenders (The Telegraph / March 2023)
● CCG OPEN LETTER TO CITIZENS OF INDIA (Constitutional Conduct Group / Nov 2021)