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The Erosion Of Judicial Independence / Eternal Adjournments Undermine Constitutional Values

The Erosion Of Judicial Independence / Eternal Adjournments Undermine Constitutional Values

Graphic: Jul 2021

The Erosion Of Judicial Independence: Is India’s Judiciary An Extension Of Hindutva?

11/03/2025

Eurasiareview / by Debashis Chakrabarti

Once the last bastion against executive overreach, India’s judiciary today stands accused of capitulating to the ideological project of Hindutva—an ethno-nationalist vision that seeks to establish India as a Hindu-first nation.
… While BJP-affiliated individuals find themselves exonerated, critics of the regime face relentless judicial harassment. Activists, journalists, and intellectuals have been imprisoned under draconian laws like the Unlawful Activities (Prevention) Act (UAPA) and sedition charges, with little to no judicial relief. The arrests of intellectuals like Anand Teltumbde, Sudha Bharadwaj, and Umar Khalid reflect how the judiciary has become a willing accomplice in the state’s crackdown on dissent.
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Eternal adjournments, impractical riders mar precious Constitutional values

10/03/2025

DT Next / by Justice K Chandru Retd

The case of Umar Khalid, a JNU student who was arrested in connection with the March 2020 Delhi riots, is more disconcerting. This month marks the fifth anniversary of the police filing a conspiracy case, but it is not even close to being tried.
… A classic example is the case of Bhima Koregaon (BK-16) – which became BK-15 after Fr Stan Swamy’s death. Though more than seven years have passed since the arrest of the accused, many are yet to get bail from the special court or the High Court.
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Also read:
▪ Bail for Bhima Koregaon accused highlights extraordinary delay in trial (Scroll.in / Jan 2025)
▪ Year after being granted bail, Mahesh Raut remains in jail as stay extended (The Indian Express / Sep 2024)
▪ Why the SC Judgment Granting Bail to Vernon Gonsalves, Arun Ferreira Is So Significant (The Wire / Jul 2023)
▪ The terror of an anti-terror law in India: A short story of the Unlawful Activities Prevention Act (The Polis Project / Feb 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is the Outcome of Judicial Lottery (The Wire / Oct 2022)

Supreme Court to examine lack of facilities in jails for disabled prisoners after PIL cites Saibaba, Stan Swamy

Supreme Court to examine lack of facilities in jails for disabled prisoners after PIL cites Saibaba, Stan Swamy

Govt gets SC notice on plea asking better facilities for disabled prisoners

11/03/2025

Business Standard / by pti

Citing instances of professor G N Saibaba and activist Stan Swamy to highlight the “severe neglect” of disabled prisoners, the plea said necessary provisions should be incorporated in Prisoners Act
The Supreme Court has sought a response from the Centre on a plea seeking adequate facilities for disabled prisoners in jails, and implementation of the Rights of Persons with Disabilities Act, 2016, in prisons across the country.
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Supreme Court to examine lack of facilities in jails for disabled prisoners after PIL cites Saibaba, Stan Swamy

08/03/2025

Bar & Bench / by Ummar Jamal

While Stan Swamy had passed away while lodged in jail as an undertrial prisoner, Saibaba had passed away last year a few months after he was acquitted and released from prison
The Supreme Court on Friday sought the response of the Central government to a Public Interest Litigation(PIL) seeking adequate facilities for disabled prisoners in jails and and full implementation of the Rights of Persons with Disabilities (RPwD) Act of 2016 in prisons across the country [Sathyan Naravoor v. Union of India & Ors.]
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SC takes up the cause of disabled prisoners on the basis of a plea invoking Saibaba, Stan Swamy

07/03/2025

The Hindu / by Krishnadas Rajagopal

Petition raised a “serious” issue about the lack of disabled-friendly accommodation and facilities in prisons across the country
The Supreme Court on Friday (March 7, 2025) said a petition highlighting the trauma and inhumane conditions suffered by Professor G. Saibaba and the elderly Stan Swamy raised a “serious” issue about the lack of disabled-friendly accommodation and facilities in prisons across the country.
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Also read:
▪ G.N. Saibaba’s Lifelong Campaign Was Against the Violence of Silencing (The Wire | by Rona Wilson | Oct 2024)
▪ Stan Swamy parallel in former DU professor Gokarakonda Naga Saibaba’s death after 10-year jail (The Telegraph / Oct 2024)
▪ Some personal reflections on prison medical care (The Leaflet | Vernon Gonsalves | Apr 2024)

India’s Forgotten Country: How State Power & Capitalism Fuel The Totalitarian Temptation

India’s Forgotten Country: How State Power & Capitalism Fuel The Totalitarian Temptation

Credits: Penguin

Article 14 / by Ashoka Mody

In this guest article, economist and writer ASHOKA MODY connects the dots from writer, activist and human rights lawyer Bela Bhatia’s account of her activism to state coercion, corporate interests and the erosion of Indian democracy.
… Bhatia had long campaigned for tribal rights and was frequently at the forefront of protests against police atrocities. By this time, she was likely already under surveillance through the Pegasus spyware—a glaring invasion of her privacy, as she later described to The Telegraph. 
However, September 2019 was an especially dangerous moment to challenge India’s law enforcement. Starting in January 2018, after a violent clash between Dalits and Hindutva supporters in Bhima Koregaon (a historic village near Pune), Indian authorities had arrested about a dozen activists under the Unlawful Activities (Prevention) Act (UAPA), 1967. 
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Also read:
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Statement against the drone bomb attacks in Chhattisgarh, India (India Matters / April 2023)
▪ 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)

BJP’s Binary Lens On Nationalism / Politics Of Division: Why Autocrats Foster Binary Thinking

BJP’s Binary Lens On Nationalism / Politics Of Division: Why Autocrats Foster Binary Thinking

Pic: 2018 in Mumbai

BJP’s Binary Lens On Nationalism

24/02/2025

Outlook India / by Shweta Desai

BJP’s ultranationalism is a strategy to make up for its absence during the freedom struggle, but the binary discourse on nationalism is being weaponised to make detractors fall in line
… Six months after Modi’s government took office, the term ‘anti-national’ emerged as a popular slur. Often used by BJP leaders and supporters, the phrase wields a strong rhetorical power in shaping the ‘nationalist’ public discourse. The binary label has since served as a weapon to silence critics, discredit dissent and marginalise opposition, reinforcing a divisive political narrative.
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Politics Of Division: Why Autocrats Foster Binary Thinking

21/02/2025

Outlook India / by Anand Teltumbde

Autocratic and fascist regimes consolidate power by reducing complex socio-political realities into rigid binary oppositions. Instead of addressing systemic economic inequalities, they redirect public anger toward scapegoats – immigrants, minorities and dissenting voices.
… A deadly consequence of this binary-driven autocratic politics is the erosion of democratic institutions. The judiciary, independent media and civil society organisations are labelled as enemies of the state if they challenge the ruling regime.
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Also read:
▪ 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 | Anand Teltumbde | June 12, 2024)
▪ Police Linked to Hacking Campaign to Frame Indian Activists (Wired.com / June 2022)
▪ Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)

US Court Finds Israel’s NSO Group, Which Sells Pegasus Spyware, Liable for WhatsApp Attacks

US Court Finds Israel’s NSO Group, Which Sells Pegasus Spyware, Liable for WhatsApp Attacks

Illustration credits: The Wire

US Court Finds NSO Liable For Hacking Of WhatsApp Using Pegasus Malware

21/12/2024

Live Law / by Gursimran Kaur Bakshi

In a summary judgment, Judge Phyllis Hamilton of the US District Court in Oakland, Northern District of California has found Israeli-mercenary’s surveillance firm NSO Group Technologies (also known as Q Cyber Technologies) liable for the hacking of Meta’s Whatsapp through its state-of-the-art military-grade malware Pegasus.
… Journalists, human rights activists, Dalit rights and anti-caste activists accused in the infamous Bhima-Koregaon Elgar Parishad under the anti-terror law Unlawful Activities (Prevention) Act, of 1967 were said to be the primary targets of the spyware.
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Poster by #bakeryprasad

US court finds Pegasus spyware maker liable for unauthorised surveillance of 1,400 WhatsApp users

21/12/2024

Scroll.in / by Scroll Staff

The NSO Group violated federal legislation against unauthorised access to computers, networks and other digital information, said the court.
A district court in the United States on Friday held Israeli cyber intelligence company NSO Group liable for unauthorised surveillance of 1,400 users of the messaging application WhatsApp using its spyware Pegasus in 2019, reported Reuters.
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US Court Finds Israel’s NSO Group, Which Sells Pegasus Spyware, Liable for WhatsApp Attacks

21/12/2024

The Wire / by The Wire Staff

The judge noted that the NSO Group repeatedly failed to produce “relevant discovery and failed to obey court orders regarding such discovery.”
New Delhi: A US district court has found Israel’s NSO Group – which sells the Pegasus spyware – liable in a 2019 lawsuit brought by the messaging app WhatsApp, citing breaches in 1,400 devices.
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Pegasus: 300 of 1,400 users from India, why ruling may re-open tapping debate

22/12/2024

The Indian Express / by Soumyarendra Barik

The decision came in a case filed by Meta-owned WhatsApp against the NSO Group, with the judge in the case, Phyllis Hamilton, holding that the Israeli spyware maker was liable for targeting the devices of 1,400 WhatsApp users
For the first time, a court in the US has held Israel’s NSO Group liable for its intrusive spyware Pegasus, which could set up a measure of accountability for the company that it has, for long, allegedly downplayed.
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Also read:
▪ India: Damning new forensic investigation reveals repeated use of Pegasus spyware to target high-profile journalists (Amnesty.org / Dec 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)

Urban Naxal Bogey: Move for Harsher Bill to Curb Civil Rights?

Urban Naxal Bogey: Move for Harsher Bill to Curb Civil Rights?

The Wire / P. Raman

The government will find it difficult to run roughshod on sensitive issues such as this because of a rejuvenated Opposition and the need for allies’ consent.
When Prime Minister Narendra Modi attacks “urban Naxals”, it surprises many. For it was just this August – less than four months ago – that home minister Amit Shah had declared that the war on Naxalites was nearing its end and left-wing extremism in the country would be wiped out by March 2026.
If the war is in the mopping-up stage, why has Modi intensified his rant? Consider his relentless attacks on extremists and their presumed urban supporters in recent months.
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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)
▪ From ‘tukde tukde gang’ to ‘urban Naxal’: How media trials enable the government to stifle dissent (Scroll.in / Sep 2018)
▪ From Anti-National to Urban Naxal: The Trajectory of Dissent in India – How the term Urban Naxal came to being (Newsclick / Sep 2018)

Iconoclast: Path breaking biography of BR Ambedkar projects his human essence

Iconoclast: Path breaking biography of BR Ambedkar projects his human essence

Sabrangindia / by Harsh Thakor 

In this review, the writer examines how Dr Anand Teltumbde, the distinguished academic and human rights defender eradicates the hyperbole that turns Ambedkar into a demi-god.
In Iconoclast, Dr Anand Teltumbde, a distinguished authority on the Dalit movement, presents an illustrative biography of Dr B.R. Ambedkar. Without doubt, a path breaking work. The author brilliantly traces his crystallisation into one of the icons of the last century or dissects events that shaped Bhima Rao’s evolution to Babasahaeb into making Dalits recognize Ambedkar as their leader.
… Teltumbde concludes that had he lived today, Bhimrao Ambedkar would undoubtedly been a serious threat to this regime and would likely have found himself imprisoned under draconian laws like UAPA, possibly even as the co-accused in the Bhima-Koregaon case.
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▪ Iconoclast. A Reflective Biography of Dr Babasaheb Ambedkar
by Anand Teltumbde

Publisher: ‎Penguin Viking
Language: ‎English
Hardcover: 700 pages
Read more/order

Also read:
▪ Scholar says Dr Ambedkar was great but we need to question him, not worship him (Countercurrents / Nov 2024)
▪ Anand Teltumbde – “Ambedkar challenged Gandhi’s Mahatmahood” (Hindustan Times / Oct 2024)

Dhananjaya Yeshwant Chandrachud: The New Right liberal

Dhananjaya Yeshwant Chandrachud: The New Right liberal

Dhananjaya Yeshwant Chandrachud: The New Right liberal

05/11/2024

The Leaflet / by Indira Jaising

Does the outgoing Chief Justice of India represent the emergence of a New Right in India, one that is modern and yet able to rely on a norm above the Constitution to perform the judicial function, writes Indira Jaising.
… It was during this period that pre-trial jail and not bail became the norm of the Supreme Court of India. The accused in the Bhima Koregaon case, granted bail by the Bombay High Court, had their bail Orders stayed by the Supreme Court of India by a Bench of which Justice Trivedi was a member. Many withdrew their petitions for bail rather than have them dismissed by the Supreme Court.
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I Have Always Granted Bail From A To Z, From Arnab To Zubair: CJI DY Chandrachud

05/11/2024

Live Law / by Gursimran Kaur Bakshi

Speaking at yesterday’s discussion organised by The Indian Express, Chief Justice of India D.Y. Chandrachud answered many pressing issues and controversies including whether the Supreme Court stands true to the ‘bail is the rule, jail an exception’ principle.
Set to demit the office on November 10, CJI was asked by Apurva Vishwanath, The Indian Express, what institutional processes and mechanisms are required to prevent cases such as that of G.N. Saibaba and Stan Swamy, who have languished as undertrial prisoners for years in jail.
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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)
▪ As Bhima Koregaon case completes its fourth anniversary, State reprisal is writ large in its twists and turns (The Leaflet / June 2022)
▪ #BhimaKoregaonVerdict: Between the majority and the minority judgments of the Supreme Court (The Leaflet / Oct 2018)

Mahayuti govt compelled to appropriate INDIA alliance Constitution driven call?

Mahayuti govt compelled to appropriate INDIA alliance Constitution driven call?

Booklet: “Salaakhon Mein Qaid Avaazein” (Access PDF)

Sabrangindia / by Tanya Arora

As the Maharashtra Assembly elections approach, with the announcement due any day now, the Shinde government has rolled s out last-minute welfare measures! And its “alliance partner,” the BJP has today issued appropriate-ory advertisements, with deputy chief minister Devendra Phadnavis prostrating before a statue of Dr BR Ambedkar; this while the state regime continues to undermine constitutional values while exploiting Dr. Ambedkar’s legacy to secure votes from marginalised communities
… One also cannot forget the infamous Bhima Koregaon case, which is another chilling example of how dissent, especially from Dalit and Adivasi rights activists, has been criminalised in Maharashtra. The case stems from the January 2018 Bhima Koregaon violence, where clashes broke out after Dalits gathered to commemorate the 200th anniversary of the Battle of Bhima Koregaon, a symbolic event marking Dalit pride and resistance.
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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)

Echoes of Authoritarianism: Modi’s Assault on Democratic Values

Echoes of Authoritarianism: Modi’s Assault on Democratic Values

Modern Diplomacy / by Summra Hamid

In the landscape of contemporary Indian politics, a significant transformation is underway, one that merits urgent attention and reflection. The current prime minister of India, Narendra Modi’s leadership, once seen as a beacon of hope and reform, has increasingly started resembling authoritarianism, jeopardizing the foundational tenets of democracy. This opinion piece digs into the dangers posed by Modi’s regime and the implications for the Indian society as a whole.
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Also read:
▪ India: Submission to the UN Human Rights Committee on the deterioration of civic space (CIVICUS / Jul 2024)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
▪ Maharashtra: Activists, Lawyers Added to ‘Union War Book’, Listed as ‘Enemies of the State’ (The Wire / Jul 2021)