Context – free them all

Will anti-Naxal drive pave way for mining giants?

27/05/2025 Asha

The New Indian Express / by Gurbir Singh

Is the government campaign aimed at ‘finishing off’ the extremists, or are the larger goals to open up central India’s mineral and natural resources for exploitation? Or both?
… Over the years, Maoists, NGOs and even priests like Stan Swamy have mobilized these tribal communities to resist corporate expansion. The state forces, on the other hand, have intervened to crush the protests.
Read more

Also read:
▪ Three years after Stan Swamy’s death in custody, activists recall his contributions to Adivasi cause (Scroll.in / Jul 2024)
▪ Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations (The New Indian Express / Sep 2023)
▪ Statement against the drone bomb attacks in Chhattisgarh, India (India Matters / April 2023)
▪ DISINHERITING ADIVASIS – THE GADCHIROLI GAME PLAN (KAFILA / June 2018)
▪ The legal face of corporate land grab in Chhattisgarh (India Environmental Portal | by Sudha Bharadwaj | Feb 2018)
▪ Mining In Gadchiroli – Building A Castle Of Injustices (Countercurrents | by Neema Pathak Broome and Mahesh Raut | June 2017)

When Najeeb meets Watali – On the statutory restrictions on grant of bail under UAPA

07/08/2025 Asha

Constitutional Law and Philosophy / by Hany Babu and Surendra Gadling

This is a guest post by Hany Babu and Surendra Gadling, who have been detained in prison as “undertrials” since 2020 and 2018, respectively. This piece is being published here simultaneously with The Proof of Guilt blog.

The judgement in the case of (2019) 5 SCC 1 [“Watali] was delivered by the Supreme Court on 02.04.2019. Ever since then, procuring bail for a person accused of an offence under Chapters IV or VI of the Unlawful Activities (Prevention) Act, 1967 (UAPA) has been, to borrow an illustrative simile used by Abhinav Sekhri, like asking a person to swim after throwing him in deep water with both his hands tied behind him.
Read more

Also read:
▪ The Grammar of the Power to Arrest and Search under UAPA (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Jul 2025)
▪ How Long is Too Long? – On the Maximum Period that an Undertrial Prisoner can be Detained (Constitutional Law and Philosophy | by Hany Babu and Surendra Gadling | Oct 2024)
▪ Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Jul 2023)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report

St Xavier’s College Cancels Stan Swamy Lecture After ABVP Protest

06/08/2025 Asha

St Xavier’s College cancels Stan Swamy lecture after ABVP protests

09/08/2025

Scroll.in / by Scroll Staff

Organising a lecture in memory of an accused in the Elgar Parishad case ‘is an attempt to glorify urban Naxalism’, the Hindutva group told the institution.
St Xavier’s College in Mumbai has cancelled its annual Stan Swamy Memorial Lecture, which was to be held on Saturday, after protests by the Akhil Bharatiya Vidyarthi Parishad, reported The Free Press Journal.
The ABVP is the student wing of the Rashtriya Swayamsevak Sangh, the parent organisation of the ruling Bharatiya Janata Party.
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St. Xavier’s Mumbai cancels Stan Swamy memorial lecture after protest

07/08/2025

Matters India / by Matters India Reporter

St. Xavier’s College, Mumbai, has cancelled its annual Stan Swamy Memorial Lecture scheduled for August 9, following protests from the Akhil Bharatiya Vidyarthi Parishad (ABVP), a student organization affiliated with the RSS.
The lecture, titled “Migration for Livelihood: Hope amidst Miseries,” was to be delivered virtually by Father Prem Xalxo and organized by the college’s department of Inter-Religious Studies. It aimed to honor the legacy of the Jesuit priest and tribal rights activist who died in judicial custody in July 2021.
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St Xavier’s College Cancels Stan Swamy Lecture After ABVP Protest

06/08/2025

Free Press Journal / by S Balakrishnan

The lecture, organised by the college’s department of inter-religious studies, was to have been delivered by Fr Prem Xalxo on “Migration for Livelihood: Hope amidst miseries.”
St Xavier’s College has cancelled its annual Stan Swamy Memorial Lecture scheduled for August 9 pm following protest from the Akhil Bharatiya Vidyarthi Sangh (ABVP), an RSS affiliated. …
The ABVP told the college principal in a strongly worded letter that Fr Stanley was a prime accused in the Bhima Koregaon criminal case and was arrested under UAPA, an anti-terrorist law. Prashant Mali, ABVP secretary, Mumbai, alleged in the letter that Fr Stanley was linked to the CPI (Maoist).
Read more

Also read:
▪ Daring, Fearless and Kind, Father Stan Swamy Remains a Beacon of Resistance (The Wire | by Hany Babu, Jyoti Jagtap, Mahesh Raut, Ramesh Murlidhar Gaichor, Sagar Gorkhe, Surendra Gadling | Jul 2025)

▪ Video: Testimony of Stan Swamy, two days before his arrest on 8 October 2020.

en | 7:48 min | Oct 6, 2020
Watch video
▪ Bhima Koregaon: The man who lodged FIR against Mevani and Khalid is distancing himself from ABVP (Scroll.in / Sep 2018)

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

01/08/2025 Asha

The Maharashtra Special Public Security Bill Perpetuates India’s Banning Regime

01/08/2025

The Wire / by Harish Dhawan and Paramjeet Singh

The Bill strikes at the heart of the fundamental right to association.
The Maharashtra assembly has passed the Maharashtra Special Public Security Bill (MSPSB), making it the latest addition to a growing arsenal of banning legislations that cloak sweeping state power to curb the fundamental right to freedom of association with the language of security.
From its title to its objective and provisions, the Bill is shrouded in layers of ambiguity.
Read more

Insecurity By Law: A Critique of the Maharashtra Special Public Security Bill in the Context of India’s Banning Regime

July 2025

PUDR / by People’s Union for Democratic Rights (PUDR)

The Maharashtra Bill, which has been designed specifically to target the ‘spread of Naxalism in urban areas,’ as evident in its ‘Object and Reasons’, is an offshoot of a popular narrative, a social media hashtag- the ‘Urban Naxal’, popularised by filmmaker Vivek Agnihotri.
…
Particularly in the wake of Elgar Parishad in 2017, the term became a common political lexicon used to describe anti-establishment protesters and dissenting voices. The term ‘Urban Naxal’ formed the backstory for the FIR filed against the people implicated for the Bhima Koregaon case, it even became a synonym for the case itself.
Read full report

Also read:
▪ Maharashtra’s Urban Naxal Bill and its New War on Civil Society – Criminalizing Dissent (Countercurrents / Jul 2025)
▪ As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent (The Wire / Jul 2025)
▪ Maharashtra Assembly passes bill to curb ‘left-wing extremism‘ (Scroll.in / Jul 2025)
▪ Maharashtra: Top Cop Accuses Decades-Old Cultural, Rights Orgs of Working as ‘Naxal Fronts’ (The Wire / Feb 2022)

When the Law Becomes a Weapon: India’s Broken Promise of Justice

21/07/2025 Asha

Countercurrents.org / by Dr Ranjan Solomon

“Innocence, once lost to the gallows or a prison cell, can never be returned. Who pays for that injustice?”
Today, the Bombay High Court overturned what had once been touted as a major victory in India’s fight against terror: the conviction of 12 men in the 2006 Mumbai train bombings, in which 189 people died. Five had been sentenced to death. The other seven, to life in prison. They had already spent over 18 years behind bars.
The High Court has ruled that the prosecution “utterly failed” to prove its case.
…
We must ask: What kind of justice system jails people without trial for 5, 10, 15 years—and then quietly lets them go when the truth catches up?
Do we even pause to think of the lives destroyed?
– Father Stan Swamy, 84 years old, arrested under UAPA, denied a straw for his Parkinson’s, died in custody without trial.
– Professor G.N. Saibaba, wheelchair-bound, imprisoned for years, only recently acquitted.
– The Bhima Koregaon 16—intellectuals and lawyers framed with tampered evidence, still awaiting justice.
Read more

Also read:
▪ Supreme Court stays HC verdict acquitting 12 in 2006 Mumbai train blasts case (Scroll.in / Jul 24, 2025)
▪ 7/11 Judgment Fails to Hold Police Accountable For Custodial Torture, Lost Time of Those Acquitted (The Wire / Jul 2025)
▪ Police torture, ill-treatment make India ‘high risk’: Report (Newslaundry / June 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)
▪ G.N. Saibaba’s Lifelong Campaign Was Against the Violence of Silencing (The Wire | by Rona Wilson | Oct 2024)
▪ ‘It Is Only by Chance That I Came Out of Prison Alive’: G.N. Saibaba (The Wire / March 2024)

UN experts, Freedom House, USCIRF call to designate India as “Country of Particular Concern”

19/07/2025 Asha

Maktoobmedia.com / by Maktoob Staff

Senior officials from the United Nations and the United States, along with leading human rights experts, urged the US government to designate India as a Country of Particular Concern (CPC) due to its serious and ongoing human rights and religious freedom violations.
…
Ed O’Donovan also spoke about arrests of activists, academics and lawyers in the Bhima Koregaon case, shuttering of thousands of NGOs by revoking their Foreign Contribution (Regulation) Act (FCRA) licenses “to stifle dissent and restrict civil society space.”
Read more

Also read:
▪ Civil society group submits memorandum to Vatican on ‘targeted violence’ against Christians in India (Scroll.in / Jul 2025)
▪ Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)

▪ The State of Religious Freedom in India (United States Commission on International Religious Freedom / May 2025)
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Dec 2024)
▪ Pegasus Reports Highlight Need for Better Regulation of Spyware: UN Rights Chief (The Wire / Aug 2021)

As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent

13/07/2025 Asha

As Maharashtra Govt Brings Bill Against ‘Urban Naxalism’, Activists Fear Criminalisation of Dissent

13/07/2025

The Wire / by Sukanya Shantha

None of the provisions under the newly introduced bill is not already covered under the existing UAPA or the Bhartiya Nyaya Sanhita (BNS) or the Maharashtra Control of Organised Crime Act (MCOCA).
Despite existing laws that comprehensively address the threat of terrorism in the country, the Bharatiya Janata Party (BJP)-led Maharashtra government last week introduced yet another bill – the Maharashtra Special Public Security Bill – claiming it will tackle the “urban footprint of Naxalism” in the state.
Read more

Maharashtra Public Security Bill: Vague and dangerous for civil liberties

11/07/2025

The Indian Express / by Rohin Bhatt

Instead of the word ‘abetting’, which is commonly used in criminal law, the new law uses the word ‘encouraging’. What amounts to abetting a crime is settled jurisprudence. But the word ‘encouraging’ is alien to criminal law
“When I use a word,” says Humpty Dumpty in Lewis Carol’s Through the Looking Glass, “it means just what I choose it to mean — neither more nor less.” However, when words are used in a piece of legislation, they cannot mean what the party in power wants them to.
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Maharashtra Assembly passes bill to curb ‘left-wing extremism‘

10/07/2025

Scroll.in / by Scroll Staff

Opposition leaders expressed concern about its broad language, particularly the definition of the term ‘urban Naxal’.
… The term “urban Naxals” was first used by Union ministers and leaders of the Bharatiya Janata Party after several activists and academics were arrested in the Elgar Parishad case in 2018. Since then, the term has often been used to describe some dissidents of the Narendra Modi government.
Read more

Also read:
▪ A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism (The Wire / Jul 2024)
▪ 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)

Thought Police: Is Penalising Dissent The New Normal In Indian Universities?

11/07/2025 Asha

Outlook / by Apeksha Priyadarshini

Are Indian universities turning into suffocating spaces where constant censorship and surveillance is leaving no room for protests or dissenting voices?
… Academics and intellectuals, having anything to say that is remotely critical of the current regime, are wilfully thrown under the bus by their own institutions. Worse, institutions now lead the mob hounding individuals who exercise their right to free expression—a fundamental right enshrined in the constitution.
Read more

Today, Emergency Rules! / Police torture, ill-treatment make India ‘high risk’: Report

25/06/2025 Asha

Fifty Years Later… Today, Emergency Rules!

27/06/2025

Countercurrents / by Frederic Prakash

It was fifty years ago! The nation will and should never forget that dark, infamous night of 25/26 June 1975, when, the then Prime Minister Indira Gandhi, declared a state of emergency all over the country, citing internal and external disturbances! That terrible chapter of the country’s history lasted for a full twenty-one-month period till 21 March 1977. … Ironically and tragically, fifty years later…today, emergency still rules!
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India’s Social Regression Under Modi’s Eleven Years May Not Be Mendable

26/06/2025

The Wire / by Anand Teltumbde

While much has been written about the Modi regime’s economic failures and diplomatic missteps, the most insidious damage lies elsewhere – in the corrosion of India’s socio-cultural fabric.
… This damage is evident in the erosion of the country’s pluralistic ethos and the hardening of its deepest societal fault lines. A comparative glance at key social indicators from the pre-2014 era to the present reveals a sharp regression into communal majoritarianism, anti-intellectualism and institutionalised discrimination.
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Police torture, ill-treatment make India ‘high risk’: Report

25/06/2025

Newslaundry / by NL Team

India was among the 26 countries assessed by the World Organization.
India has been ranked a “high-risk” country for torture and ill-treatment in the World Organization Against Torture’s first Global Torture Index 2025 that was released on Wednesday.
… Prominent cases include the Bhima Koregaon trial and the continued incarceration of Kashmiri activist Khurram Parvez. The report also raises concern over reprisals against activists monitoring public protests, from anti-Sterlite demonstrators to farmers’ agitations.
Read more

Read India report: INDIA – COUNTRY FACTSHEET 2025 (World Organization Against Torture / Jun 2025)

India among the eight worst countries in the world for torture

26/06/2025

Asia News / by Nirmala Carvalho

The report was presented in Geneva by the World Organisation Against Torture. There were 2,739 deaths in prison in 2024, an increase on the previous year.
… The report also highlights the persecution of human rights defenders as a major concern in India. ‘Torture is used as a weapon to silence them,’ Tiphagne said. He cited the case of Khurram Parvez, who has been in prison for over four years, and the defendants in the Bhima Koregaon case, who are still being held without trial.
Read more

Democracy in Retreat: The Real Legacy of Modi’s Rule

15/06/2025 Asha

Daily Pioneer / by Pawan Khera

Eleven years after Narendra Modi’s rise in 2014, with promises of “Achhe Din” and a transformed India, the nation stands at a crossroads. Expectations of a global powerhouse and inclusive democracy have been replaced by broken promises, manipulated data, and a Government obsessed with optics over outcomes.
…
Civil liberties have declined since 2014. Freedom House rated India “Partly Free,” and V-Dem calls it an “electoral autocracy.” The 2025 World Press Freedom Index ranks India 151st of 180, citing journalist harassment. The ED registered 193 cases against political leaders from 2015 to 2025, with 95 per cent of CBI probes targeting opposition figures. The NIA’s questionable evidence in Bhima Koregaon, coupled with low UAPA (3 per cent) and PMLA (0.4 per cent) conviction rates, shows detention over justice.
Read more

Also read:
▪ Will anti-Naxal drive pave way for mining giants? (The Indian Express / Jun 2025)
▪ Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’ (The Telegraph / Jun 2025)
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’ / The Opposition’s Silence

11/06/2025 Asha

Congress has a UAPAwakening: Law parent cries ‘dangerous misuse’

12/06/2025

The Telegraph / by Pheroze L. Vincent

Khera mentioned the Bhima Koregaon case, the Delhi riots conspiracy, and the action on web portal NewsClick and other instances of journalists and activists facing arrest under the UAPA
The Congress on Wednesday skewered the anti-terror Unlawful Activities (Prevention) Act, alleging that the Narendra Modi government had weaponised it to stifle dissent and deny justice, but in the process starkly bared the irony that the party had itself passed the law and inserted the provisions that it now finds “draconian” and vulnerable to “dangerous misuse”.
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Modi govt using laws like UAPA to stifle dissent: Congress

11/06/2025

Deccan Herald / by PTI

Anand Teltumbde, Nodeep Kaur, and Mahesh Raut were arrested under UAPA in the Bhima Koregaon case
The Congress on Wednesday accused the Modi government of stifling dissent and said the “dangerous misuse” of laws like the UAPA to threaten free expression is part of the BJP’s broader attack on the Constitution.
“Under the Modi government, law has increasingly been used to stifle dissent and delay justice. Between 2014 and 2022, 8,719 UAPA cases yielded only a 2.55% conviction rate, exposing its misuse to target critics, students, journalists, and activists,” Congress’ media and publicity department head Pawan Khera said in a post on X.
Read more

The Opposition’s Silence Has Let the BJP Diminish India’s Political Discourse

06/06/2025

The Wire / by Sarayu Pani

Today, the opposition faces a choice – they can either continue to allow the boundaries of political engagement in the country to be decided by the ruling party or they can ground their opposition in democratic principles.
… A vast majority of these instances have not been rhetorically resisted by the political opposition to the BJP. In 2019, for example, the Congress voted in favour of amendments that dangerously broadened the scope of the draconian Unlawful Activities Prevention Act in the Rajya Sabha. Few opposition political parties have stood in clear solidarity with the detainees of either the Bhima Koregaon case or the Delhi riots conspiracy case.
Read more

Also read:
▪ Maharashtra’s redrafted Public Security Bill narrows scope — but concerns about suppression of dissent persist (CJP / June 2025)
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)
▪ A Dalit trade union activist and her fight for equal rights: A profile of Nodeep Kaur (The Polis Project / March 2021)