Background – free them all

TODAY, is WORSE than the ‘EMERGENCY!’

24/07/2024 Asha

Countercurrents / by Cedric Prakash

India will and should never forget that infamous night of 25/26 June 1975, when, the then Prime Minister Indira Gandhi had a state of emergency declared all over the country.
…
Just before his arrest on 8 October 2020, in a video-message that went viral, Jesuit Fr. Stan Swamy said, “What is happening to me is not something unique happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers’ writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it.”
Read more

Also read:
▪ At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India (The Wire / Jul 2024)
Read PEN International’s full report here
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS /Jul 2024)
▪ To Think of Modi 3.0 as Less Dangerous Would Be a Misreading (The Wire | by Anand Teltumbde | Jun 2024)
▪ 48 years since the Emergency (PUCL.org / 2023)
In this section of the PUCL website, find the testimonies and memories of those who were arrested, resisted and fought the emergency. Inevitably, we will reflect on today’s challenges to Indian democracy, Constitutional values and human rights.

Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy

23/07/2024 Asha

Counterview / by Gova Rathod

The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary. The event included a discussion of the new criminal laws enforced since July 1, 2024.
At the start of the event Fr. Cedric Prakash spoke about Fr. Stan Swamy, a fearless defender of tribal rights in Jharkhand, who was arrested by the NIA in 2018 in the context of the Bhima Koregaon case.
Read more

Also read:
▪ Three years after Stan Swamy’s death in custody, activists recall his contributions to Adivasi cause (Scroll.in / Jul 2024)
▪ ‘Bhima Koregaon 16’ go on hunger strike to mark Stan Swamy’s death anniversary (Hindustan Times / Jul 2024)
▪ Authorities must immediately repeal repressive new criminal laws (Amnesty International / Jul 2024)

At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

18/07/2024 Asha

At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

18/07/2024

The Wire / by The Wire Staff

The writers’ body cited a growing number of writers, journalists, academics and other critics of the government being subjected to legal harassment in the form of arbitrary arrests and prolonged detentions without trial.
…
The writers’ body mentioned the Unlawful Activities (Prevention) Act (UAPA) being used as a tool to “unjustly prosecute” the government’s critics. Citing the detention of those accused in the Bhima Koregaon/Elgar Parishad case, the report highlighted the ill treatment of professor Hany Babu and poet Varavara Rao, and denial of bail despite medical grounds.
Read more
Read PEN International’s full report here

‘28% rise in sedition cases’: Top global NGO alliance rates India’s civil space ‘repressed’

17/07/2024

Counterview / by Rajiv Shah

Rating India’s civic space as repressed, Civicus, a global civil society alliance, in its new report submitted to the UN Human Rights Committee (UNHRC) on the state of civic space in the country has said that the use of sedition law against the Modi government’s critics continues. “Under the government of Prime Minister Narendra Modi, sedition cases have increased by 28 per cent with over 500 cases against more than 7,000 people”, it says.
Read more

Also read:
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS /Jul 2024)
Read/download full submission
▪ RSF and national civil society organisations give new government 10 recommendations to guarantee press freedom (RSF / June 2024)
▪ India among top 10 countries to jail writers, academics in 2021, shows Pen America’s report (Scroll.in / Apr 2022)
▪ International Mother Language Day: Take Action for Hany Babu (Pen International | Feb 2022)
▪ Joint Statement: Freedom for Varavara Rao (Pen International | Oct 2021)
▪ A Dark Day for Democracy and Freedom of Expression (Pen International | Aug 2018)

McCarthyism in INDIA?: The Return of The Urban Naxal Bogey!

17/07/2024 Asha

McCarthyism in INDIA?: The Return of The Urban Naxal Bogey!

17/07/2024

The Crossbill / by Subbhash Gatade

Does the ruling dispensation feels that since Naxals are seen as violent gangs who claim to work for people this bogey of Urban Naxal facilitates it to target anyone who refuses to play ball.

1. ‘India Will Awake to Police Raj’!
““I am reminded of Pandit Nehru ‘s speech “At the stroke of midnight India will awake to freedom.” At the stroke of midnight night 1st July 2024 India will awake to police raj,”
There are rare occasions when a simple tweet underlines the unfolding reality in stark terms.

… Any concerned citizen can look dispassionately at the Bhima Koregaon Case (12) or the way the accused in the NE Delhi riots have been languishing in jail – and are not even getting bail – and infer where things have reached.
Read more

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

15/07/2024

The Wire / by Ajay K. Mehra

The proposed legislation will authorise state police and other security agencies to arrest an accused person without warrant and by extension, without letting them know of their offence.
As soon as the Maharashtra Special Public Security Bill, 2024, tabled in the state legislative assembly on July 11 this year, becomes a law, the state government will have another draconian legal instrument to use against protesters, dissenters, critics and opponents. Like other such laws, this one too has strict provisions making an individual’s arrest non-bailable.
Since the need for such a law is being justified on the grounds that the “menace of Naxalism is increasing in urban areas… through Naxal frontal organisations”, dissenters being framed up as ‘urban Naxals’ is imminent.
Read more

Also read:
▪ What is Maharashtra’s new Bill to curb ‘Naxalism in urban areas’? (The Indian Express / Jul 2024)
▪ Footwear allegedly hurled at Modi’s convoy raises serious questions (The Caravan / June 2024)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
▪ What makes an Urban Naxal? (MR online / Sep 2018)
▪ From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

Explained: The Supreme Court’s judgment against 24/7 surveillance as a bail condition

14/07/2024 Asha

The Leaflet / by Gursimran Kaur Bakshi

In a significant judgment, the Supreme Court has held that a bail condition enabling police to monitor the movement of an accused out on bail through mobile phones is illegal and violative of Article 21 of the Constitution.
…
It remains to be seen whether this judgment of the Supreme Court will provide relief to the Bhima Koregaon-Elgar Parishad accused Shoma Sen, Vernon Gonsalves and Arun Ferreira, upon whom the judiciary has imposed similar bail conditions or whether this will be another case of a progressive Order in one case which is not followed by a similar Order in another case.
Read more

Also read:
▪ If those on bail are tracked 24/7, has their liberty really been (partially) restored? (The Leaflet / May 2024)
▪ Share Gps live location with nia 24×7: Supreme Court bail conditions for Shoma Sen (Bar & Bench / April 2024)
▪ Supreme Court grants bail to Vernon Gonsalves and Arun Ferreira, with tethers (The Leaflet / Jul 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

How the SC speaks in contradictory voices / Staying of bail Orders disastrous for human liberty, says SC

14/07/2024 Asha

How the SC speaks in contradictory voices on bail

14/07/2024

Scroll.in / by Vineet Bhalla

Bail has been reduced to a judicial lottery with different judges and benches of the court taking inconsistent stances on similar issues.
…
On July 11, the Supreme Court castigated the Delhi High Court for staying a regular bail order in separate case for over a year when it has itself stayed the order granting bail to Dalit activist Mahesh Raut in the Bhima Koregaon case for more than nine months now.
Read more

Casual and mechanical staying of bail Orders disastrous for human liberty, says SC

13/07/2024

The Leaflet / by The Leaflet

In a significant development, a Supreme Court Bench of Justices Abhay S. Oka and Augustine George Masih has said it will lay down parameters on the stay of bail-granting Orders.
…
The Supreme Court itself has been guilty of staying bail Orders without reason. For instance, Bhima Koregaon accused Gautam Navlakha was granted regular bail by the Bombay High Court Bench on December 19, 2023, after observing that it could not be said, based on the material produced by the National Investigation Agency (NIA), that there exist reasonable grounds for believing that the accusation against Navlakha was prima facie true to attract Sections 16, 18, 20 and 39 of the Unlawful Activities (Prevention) Act.
Read more

Also read:
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ ‘Ominous portents’: Why High Court staying its own bail orders in Bhima Koregaon case is troubling (Scroll.in / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)

Bhima Koregaon: Challenging Caste review: What led to Modi govt’s crackdown on intellectuals

14/07/2024 Asha

The Federal / by Binoo K John

Ajaz Ashraf underscores how Bhima Koregaon riots, and the subsequent clampdown on leftist leaders, was sparked by various interpretations of Shivaji’s role and his stature in the Marathi consciousnes
…
A voice of defiance against the state The 200th anniversary of Bhima Koregaon was the happy hunting ground of many such pro-Maratha organisations, waiting to confront the various Dalit organisations. Bhima Koregaon is the place where, in January 1818, the British army comprising Mahar Dalit soldiers won the battle against Peshwa ruler Baji Rao II.
Read more

Also Read:
▪ Book Excerpt | How Bhima Koregaon Became a Trope for Dalit Pride and Assertion (The Wire │ by Ajaz Ashraf │ June 2024)

▪ Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality

Author: Ajaz Ashraf
Publisher: AuthorsUpFront
Publishing Date: June 2024
Binding: Paperback
Language: English
Pages: 496
Read more/order

▪ The Incarcerations: Bhima Koregaon And The Search For Democracy In India

Author: Alpa Shah
Publishing Date: March 2024
Publisher: Harper Collins Publisher
Pages: 672
Read more / order

▪ Casting a Veil – What we miss by ignoring Maratha caste politics in the Bhima Koregaon case (The Caravan / Dec 2020)
▪ Let’s Remember the Lesson of Bhima Koregaon: Down with the New Peshwai (Sanhati│ by Sudhir Dhawale │ March 2018)
▪ The Myth of Bhima Koregaon Reinforces the Identities It Seeks to Transcend (The Wire | Anand Teltumbde | Jan 2018)
▪ Why peoples’ coalitions are uniting against Hindutva — the ‘new Peshwai’ (Dailyo.in │ by Arun Ferreira and Vernon Gonsalves │ Jan 2018)

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

12/07/2024 Asha

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

15/07/2024

The Wire / by Ajay K. Mehra

Colin Gonsalves writes: Under proposed ‘urban Naxal’ law, I could be arrested for fulfilling my duty

14/07/2024

The Indian Express / by Colin Consalves

Because the judiciary has let us down again and again, the government has become bold enough to draft a law to trap within its web all those who struggle without guns or bombs for a better India
…
We have gone through the experience of the arrest of the Bhima Koregaon lawyers and social workers, none of whom, even after five years of incarceration, could be shown to have engaged in any act of violence intended to overawe the state by warfare. All of them were denied bail by judges, up to the Supreme Court.
Read more

‘Urban Naxal’ bill is bogey to smother opposition before Maharashtra polls, say Congress, CPI(M)

12/07/2024

The Hindu / by Ateeq Shaikh

In a strongly worded statement issued by the CPI (M) State Secretary, Deputy Chief Minister Fadnavis has been called a “hitman” for Prime Minister Narendra Modi and Union Home Minister Amit Shah
… The statement reads, “It is well-known that Devendra Fadnavis, then Chief Minister and Home Minister, acted as a hitman for Narendra Modi and Amit Shah in arresting innocent individuals under UAPA on false charges in the Bhima Koregaon case.
Read more

Also read:
▪ What is Maharashtra’s new Bill to curb ‘Naxalism in urban areas’? (The Indian Express / Jul 2024)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)
▪ What makes an Urban Naxal? (MR online / Sep 2018)
▪ From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)

India: Submission to the UN Human Rights Committee on the deterioration of civic space

12/07/2024 Asha

India: Submission to the UN Human Rights Committee on the deterioration of civic space

12/07/2024

CIVICUS / by CIVICUS

CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in India ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) in July 2024.
…
The submission calls on the UN Human Rights Committee to make a series of recommendations, including:
Immediately and unconditionally release all HRDs, including Khurram Parvez, HRDs detained in the Bhima Koregaon case, student activists Umar Khalid and Gulfisha Fatima, journalists including Irfan Mehraj, academics and others detained for exercising their fundamental freedoms, and review their cases to prevent further harassment.
Read more
Download the India research brief

Also read:
▪ CIVIC FREEDOMS IN INDIA ‘REPRESSED’: GLOBAL MONITOR CIVICUS (The Wire / March 2023)
Read full report „People Power Under Attack 2022“
▪ India | Civicus Monitor Watchlist – Overview Of Recent Restrictions To Civic Freedoms (March 2022)
▪ AUTHORITIES HARASS AND SQUEEZE FUNDING OF NGOS WHILE ACTIVISTS, JOURNALISTS TARGETED IN INDIA (CIVICUS / Feb 2022)

Union gov’t shredded Right to Privacy Bill at the behest of intelligence agencies

11/07/2024 Asha

Reporters Collective / by Shreegireesh Jalihal, Swapnil Ghose and Saras Jaiswal

Modi government gave in to intelligence agenciesʼ demands for a “blanket exemption” from a proposed right to privacy law. It effectively killed a decade-old assurance to bring in a law to protect citizens from illegal surveillance
In 2012, the Congress-led government assured Parliament that a right to privacy law was in in the making. The eagerly awaited law was supposed to be a bulwark against surveillance on individuals, with rules spelling out when the government could snoop on citizens.
… While the assurance was still on the table, controversies emerged around allegations of government snooping on dissidents, and journalists using Pegasus, an Israeli military-grade spyware.
Read more

Also read:
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)
▪ They were Accused of plotting to overthrow the Modi government – The evidence was planted, a new report says (Washington Post / Feb 2021)