India’s civic space is rated as ‘repressed’ by the CIVICUS Monitor. In recent years, the government has misused the draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) and other laws to keep activists behind bars and fabricate cases against activists and journalists for undertaking their work. Read more
How Supreme Court has liberalised bail jurisprudence under anti-terror law UAPA in last three years
16/08/2024
The Print / by Akashat Jain
Section 43D(5) of the Act lays down stringent provisions for grant of bail, but there has been a gradual shift in giving bail to UAPA accused over past few years.
From bombing accused K.A. Najeeb to Bhima-Koregaon accused Vernon Gonsalves, the Supreme Court has allowed bail to many accused of terrorism in the last three years. It has allowed bail despite its 2019 order which pegged the standard for allowing bail under the Unlawful Activities Prevention Act (UAPA), 1967 to be higher, a decision which has rarely followed. Read more
UAPA no exception to the rule on bail
15/08/2024
Hindustan Times / by HT Editorial
Taken together, SC’s pronouncements underline the draconian nature of the law. It is time this is addressed by the legislature of a mature democracy.
Time and again, the Supreme Court (SC) has pronounced that bail is the rule and jail the exception. But Tuesday’s ruling, that this holds true for special statutes such as the Unlawful Activities (Prevention) Act, or UAPA, is of special import. Not because the apex court reiterated its protection of the personal liberty of citizens, but because in ruling so, it implicitly outlined how the law lends itself to strategic misuse. Read more
What Freedom Means For India’s Political Prisoners / India Cries for Freedom!
What Freedom Means For India’s Political Prisoners
15/08/2024
Outlook / by Apsksha Priyadarshini
For political prisoners, freedom becomes a longing for small mercies that make us human
Maryam was six—the youngest of three siblings—when her father, Khalid Saifi, was arrested following the sectarian violence in northeast Delhi in February 2020. The violence took place against the backdrop of months of protests led by Muslim women at several sites across the national capital and in the country, against the Citizenship (Amendment) Act (CAA) and the proposed updates to the National Register of Citizens (NRC) and the National Population Register (NPR). Maryam’s mother Nargis recalls the day as the beginning of “a dark, endless night” that has been written into their fates. Read more
The Freedoms Our Martyrs Won Are Under Seige
15/08/2024
Outlook / by Anand Teltumbde
This Independence Day, we are in an age in which we need assurances from our leader that the Constitution will survive
Seventy-seven years ago, our martyrs won freedom from British colonial rule. Three years later, we gave ourselves a Constitution that guaranteed a plethora of freedoms, inspired not by the Universal Declaration of Human Rights (UDHR) but the indigenous ethos of our own freedom movement. Today, having traversed into the Amrit Kaal, these guarantees appear to have expired, needing a new guarantee from our supreme ruler that the Constitution itself will survive. If the likes of Bhagat Singh were to see the state of India’s freedom today, they would certainly ask themselves what was wrong with the British rule that they went to the gallows fighting them. Read more
India Cries for Freedom!
13/08/2024
Countercurrents / by Cedric Prakash
India cries for Freedom: Thanks to the relentless struggles and sacrifices of our freedom fighters, on 15 August 1947, India made her tryst with destiny! After years of colonial rule, she finally became an independent nation. Ever since (during these past 77 years), India has made rapid strides in every sphere, and this fact must be applauded; however, one must also humbly admit that, India still has an unimaginable long way to go in the internalisation and actualisation of her freedom!
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India cries for Freedom for Human rights defenders (HRDs), right to information seekers and others who take a stand for truth, justice and human rights. They are at the receiving end of a vicious and vindictive system. The are intimidated, incarcerated and even killed! These include those in the Bhima Koregaon conspiracy case; Jesuit Father Stan Swamy is a case in point. Read more
‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA
Hindustan Times / by HT News Desk All India Majlis-e-Ittehadul Muslimeen (AIMIM) supremo Asaduddin Owaisi on Saturday raised his concerns over the future of Muslims, tribals and Dalit people who are being held under Unlawful Activities Prevention Act (UAPA). Taking a jibe, the Hyderabad MP said he hoped that Prime Minister Narendra Modi would learn something from the Lok Sabha election results, but they poured cold water on his expectation.
… The AIMIM chief further claimed that the stringent law became the reason for the death of 85-year-old Stan Swamy. Swamy, a tribal activist, died in judicial custody in 2021. He was arrested under the UAPA in connection with the 2018 Bhima-Koregaon violence case. Read more
Artists in Kabir Kala Manch are struggling to earn a living due to state-sponsored censorship
Kabir Kala Manch, a Pune-based protest performance art troupe, has been a target of the State since its inception in 2002. The group propagates the anti-caste and equality ideology of Phule-Shahu-Ambedkar and Marx through songs and street plays.
In 2019, police arrested three members, Ramesh Gaichor, Sagar Gorkhe and Jyoti Jagtap, in the Bhima Koregaon case for allegedly inciting communalism through songs at Elgar Parishad. Read more / read poem
‘Bhima Koregaon: Challenging Caste’ by Ajaz Ashraf: Laying bare Maharashtra’s deep-rooted caste fault lines
11/08/2024
The Tribune India / by Debashish Mukerji
By now, it is manifestly clear that the Bhima Koregaon case, unfolding since 2018, is an indelible blot on India’s democratic record.
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Two books recalling these shameful developments have been published this year — ‘The Incarcerations’ by Alpa Shah, an anthropology professor at the London School of Economics, and ‘Bhima Koregaon: Challenging Caste’ by veteran journalist Ajaz Ashraf. Both are staggeringly well researched; however, while they do inevitably cover much common ground — using interviews with the same people, even quoting from the works of the same experts (such as Paul Brass and Christophe Jaffrelot) — their focuses are somewhat different. Read more
Groundbreaking book, addresses oppression of Dalits, ‘Brahminical’ underpinnings
05/08/2024
Counterview.net / by Harsh Thakor
‘Bhima Koregaon: Challenging Caste – Brahminism’s Wrath Against Dreamers Of Equality’ is a groundbreaking work addressing the oppression of Dalits and the Brahminical underpinnings of the state. This book compellingly illustrates the perilous consequences faced by those engaged in the struggle against class and caste hierarchies in India, especially since 2014, where any quest for justice and equality is often met with suppression and criminalization. It holds an esteemed place in the literature that confronts proto-fascism and embodies the fury of Brahminism against advocates of equality. Read more
New book investigates Bhima Koregaon—‘riots are manufactured, not spontaneous’
02/08/2024
The Print / by Antara Baruah
There’s no singular account of what happened at Elgar Parishad. In ‘Bhima Koregaon: Challenging Caste’, Ajaz Ashraf offers precisely this.
The battle in today’s India is between those dreaming of equality and those upholding Brahminical hierarchy. It is within this context that senior journalist Ajaz Ashraf situates the contentious legacy of Bhima Koregaon as a site and symbol of Dalit liberation in his book, Bhima Koregaon: Challenging Caste.
In the book, he discusses the events following Elgar Parishad—held to commemorate the Battle of Bhima Koregaon’s 200th anniversary on 31 December 2017—and the wrongful arrest of 16 activists, professors, and journalists, collectively known as BK16. Read more
Process as Punishment – Recent books that bear witness to the BK-16’s incarceration
31/07/2024
The Caravan / by Kaashif Hajee
“The Incarcerations” / “How Long Can The Moon Be Caged” / “Bhima Koregaon: Challenging Caste”
“IT IS ONLY BY CHANCE that I came out of prison alive,” GN Saibaba said, at his first press briefing after his release from Nagpur Central jail on 7 March. The 57-year-old former Delhi University professor also mentioned the inhumane treatment and torture he had faced for nearly ten years in prison. Saibaba, who is wheelchair-bound and over ninety-percent handicapped, was confined to the same cell for over eight years and deprived of a wheelchair. Read more
▪ Bhima Koregaon: Challenging Caste. Brahminism’s wrath against dreamers of equality
Author: Ajaz Ashraf
Publisher: AuthorsUpFront
Publishing Date: June 2024
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
▪ How Long Can the Moon Be Caged? Voices of Indian Political Prisoners
Authors: Suchitra Vijayan and Francesca Recchia
Publishing Date: Aug 2023
Publisher: Pluto Press
Pages: 247 Read more / order
Bhide would speak against Gandhi and Nehru, in decidedly abusive language, then switch to raising alarm over the rising population of Muslims. Did they know, he would ask his audience, that infants died of heart attack when loudspeakers came alive with the azan, or the Muslim call to prayer?
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In Bhima Koregaon: Challenging Caste – Brahminism’s Wrath Against Dreamers Of Equality, journalist Ajaz Ashraf takes a close look at the performances and speeches at the Elgar Parishad in Pune on the eve of the Bhima Koregaon violence. These critiqued Brahminism, prime minister Narendra Modi and the ‘new peshwai’ or new age caste oppressors. It provides a rare glimpse into how a Hindutva leader in Maharashtra used the state’s widespread reverence for Maratha warrior king Shivaji to foment anti-Muslim feelings; and studies the impact that James Laine’s book on Shivaji had on Maharashtra’s anti-Brahmin consciousness. Read more
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 This book rips apart the Maoist conspiracy theory and the Urban Naxal narrative. It points out the ironies underlying the State’s charges against the sixteen, and the flimsiness of the evidence that is said to have been planted on their hacked computers. The conspiracy against the sixteen that inflicted untold miseries on their families is retold here in their voices. Read more/order
Shah traces the trajectories of cartoonists, poets, writers, Jesuit priests, grassroots activists and English educators arrested under the UAPA law.
June 4 was a significant day for India. After ten years of unfettered access to power, the Bharatiya Janata Party lost its majority mandate, leading to another era of coalition politics. Liberal critics of the party published long articles on the scent of the renewed hope wafting over the country. The voters have spoken – they will not hand over custody of our nation’s values to one person or party. Read more
▪ 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
▪ Book Excerpt: The story of an ‘Urban Naxal’ (Deccan Herald | by Alpa Shah | April 2024 )
The Print / by Suchitra Vijayan and Francesca Recchia
In ‘How Long Can The Moon Be Caged’, Suchitra Vijayan and Francesca Recchia look at present-day India through the lived experiences of political prisoners.
A Dalit activist we spoke to said that most people don’t encounter the state the way Dalits, Adivasis and Muslims do. She told us: ‘The state has always had a boot on our necks.’ Forget living; imagine what it takes to survive this. The boot is always pressed against minorities’ necks, making it hard to breathe, demanding that they beg for dignity every day. She added: ‘[For us] it doesn’t matter who is in power; oppression is the only thing that hasn’t changed.’ Read more
How Long Can the Moon Be Caged?
Voices of Indian Political Prisoners
Authors: Suchitra Vijayan and Francesca Recchia
Publishing Date: Aug 2023
Publisher: Pluto Press
Pages: 247 A powerful look at authoritarian India through the experiences of political prisoners
How Long Can the Moon Be Caged? includes visual testimonies and prison writings from those falsely accused of inciting the Bhima Koregaon violence, by student leaders opposing the new discriminatory citizenship law passed in 2020, and by activists from the Pinjra Tod’s movement. In bringing together these voices, the book celebrates the courage, humanity and moral integrity of those jailed for standing in solidarity with marginalised and oppressed communities. Read more / order
How the State uses ‘national security’ to spellbind the process of justice
As the J&K High Court recently reiterated, allegations of ‘terrorism’ have become a copy-paste template that the State uses to muffle dissent, but why do courts freeze the process of criminal justice on hearing ‘national security’?
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The jurisprudence has resulted in widening the coercive powers of the police and investigation agencies. Since the court only forms its assessment on broad probabilities, a pattern has emerged from the evidence submitted by the prosecution in a wide range of UAPA cases where there is a similarity in terms of enormous allegations running into thousands of pages, generalised testimonies of witnesses; most of which are protected witnesses, lack of incriminating evidence and heavy reliance on electronic evidence and literature.
There are similarities in three specific instances: those arrested in the backdrop of the 2018 Bhima-Koregaon violence, deoperationalisation of Article 370, and 2020 Northeast Delhi riots. Read more
