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Category: Repression

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague


Drawing by Arun Ferreira

UAPA: Lawyers Challenge Sections Defining ‘Unlawful Activities’ as Vague

12/11/2021

Gauri Lankesh News / by Grauri Lankesh News Desk

The unlawful activities are defined in such a vague manner to make its application solely on the discretion of police machinery, say the petitioners.
The petition has been filed by two advocates and one journalist, who have been booked under UAPA in connection with their social media posts and work related to the recent communal violence in Tripura …
Many eminent lawyers and activists also petitioned against sections of UAPA
Bhima Koregaon accused Anand Teltumbde has filed a petition before the Bombay High Court challenging Section 43D of UAPA on bail as well as misuse of the term “front organisation” by the National Investigation Agency (NIA).
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As the police reach increasingly for draconian UAPA, are the courts pushing back?

11/11/2021

Scroll.in / by Umang Poddar

There have been a few instances recently of the courts granting bail to people accused under the anti-terror law.
… Over the past few years, there has been an increase in the number of cases against the government’s critics under the UAPA, a harsh law that was passed to deal with terrorist activities and actions such as inciting secession or disrupting the sovereignty and territorial integrity of India.
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Tracing The Footprints Of National Security Vis-À-Vis Fundamental Rights

11/11/2021

Live Law / by Kaustubh Tiwari

… It has been a sorry state of affairs for fundamental rights in the courts when the word national security is uttered by the government like in the Rafael, Bhima- Koregaon and Rohingya Refugee matters. The court’s dilettante disposition for fundamentals rights is quite conspicuously reflected by its own line of decisions. This being a persistent notoriety of the courts in India, it is time- warranted that the Supreme Court needs to find the correct opportunity to rectify the judicial alacrity to uphold provisions of law highly repugnant to fundamental rights when place against national security concerns and craft a balancing approach whereby fundamentals rights and the security of the state both can peacefully co-exist.
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Also read:
Anand Teltumbde Moves Bombay High Court Challenging Stringent Bail Conditions & ‘Vague Terminology’ In UAPA (Live Law / Sep 2021)

In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

In Jharkhand, Scheduled Tribes Still Battle Flimsy Criminal Cases Filed With Little Evidence

Indiaspend / by Riddhi Dastidar

Among undertrials charged with being Maoists under stringent, non-bailable offences in Jharkhand, high numbers are Adivasis, Scheduled Castes and OBCs, a study led by late Fr. Stan Swamy had found in 2015. An alleged encounter during an Adivasi festival six years later shows not much has changed.
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Trying Without a Trial Is the Intent of Draconian UAPA Law

Trying Without a Trial Is the Intent of Draconian UAPA Law

The Wire / by Rajshree Chandra

‘Trial by process’ is the political and organisational logic of the UAPA.
An 84-year-old Jesuit Father, Stan Swamy, charged for inciting violence in Bhima Koregaon (BK), died inside the panoptic walls of the Taloja jail on July 5. Despite his age, despite his Parkinson’s-ravaged body, despite his tremors, despite his Covid infection, despite all his frailties, he had been denied bail repeatedly. Rather than his ailing, failing body becoming a ground for bail and appropriate medical care, his body became yet another ground on which the National Investigation Agency (NIA) waged its vicious war.
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Video: The Digital Surveillance Crisis and Threats to Human Rights Defenders

Video: The Digital Surveillance Crisis and Threats to Human Rights Defenders

By Access Now

This event discusses how states, facilitated by private companies, are unlawfully deploying targeted surveillance technologies against civil society around the world.
The biennial General Assembly resolution on human rights defenders that will be considered at its 76th session offers is an opportunity to discuss the effects of digital surveillance on the activities and safety of human rights defenders and their rights to privacy and freedom of expression, and to adopt measures that would allow defenders to continue exercise their human rights unhindered.

Video: UN General Assembly Side Event

en | 1h 33min | 2021

Watch at YouTube


Also read:
Pegasus Project: 161 Names Revealed By The Wire On Snoop List So Far (The Wire, Aug 2021)
Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / Jul 2021)

Sedition law: an imperial legacy, and a weapon of intimidation and subjugation by the regime

Sedition law: an imperial legacy, and a weapon of intimidation and subjugation by the regime


Drawing by Arun Ferreira

The Leaflet / by Tushar Gandhi

On the occasion of Gandhi Jayanti, TUSHAR GANDHI relies on Mahatma Gandhi’s defence during his 1992 sedition trial to make a case for the abrogation of the colonial-era law, as well as similar other laws that are used to stifle citizens’ democratic rights
The Bhima Koregaon case is another case of blatant intimidation and punishment of dissent, a democratic right of citizens, in which intellectuals have been arrested and charged, and are being prosecuted.
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Also read:
The Definition of “Terrorist Act” in UAPA Is So Vague That It Is Susceptible To Misuse: Justice Anjana Prakash (Live Law / Jul 26, 2021)
Seventeen proposed charges by NIA against accused (Bar & Bench / Aug 22, 2021)
National Call: Defend Right to Dissent, Repeal Sedition Law, UAPA and Repressive State Laws (July 2021)

Indian authorities are using tax evasion charges to silence critics, says Human Rights Watch

Indian authorities are using tax evasion charges to silence critics, says Human Rights Watch


Drawing by PenPencilDraw (@penpencildraw)

Indian authorities are using tax evasion charges to silence critics, says Human Rights Watch

17/09/2021

Scroll.in / by Scroll Staff

The human rights group expressed concern about a number of cases, including raids on the premises of actor Sonu Sood and activist Harsh Mander.
… In January, the Human Rights Watch had released its “World Report 2021”, in which it took note of the security clampdown in Jammu and Kashmir, violence in Delhi in February, cases against activists in the Bhima Koregaon violence and crackdown on foreign funds of non-governmental organisations.
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Can Modi government solve India’s many problems by raiding activists and journalists?

17/09/2021

Scroll.in / by Rohan Venkataramakrishnan

From Harsh Mander to Rana Ayyub to Newslaundry, recent moves have only reinforced the impression that the state wants to intimidate anyone asking questions.
In the middle of 2020, as the first wave of the Covid-19 pandemic was raging all around India, a Group of Ministers from Prime Minister Narendra Modi’s administration met six times to figure out how to “neutralise the people who are writing against the government”.
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UN rights chief condemns ongoing restrictions on freedom of assembly

UN rights chief condemns ongoing restrictions on freedom of assembly

Jurist.org / by Sambhav Sharma

The UN High Commissioner for Human Rights, Michelle Bachelet, on Monday condemned India’s restrictions placed on public assembly in Jammu and Kashmir, pursuant to the Unlawful Activities (Prevention) Act of 1967 (UAPA)…
This condemnation comes after many in India have continuously criticised the allegedly arbitrary and abusive law that punishes dissenters who are vocal against government actions. As many as 5,128 cases have been registered in India under the UAPA since 2015.
The law was also severely scrutinised in July after the demise of Father Stan Swamy, a tribal rights activist who was arrested under the UAPA for his alleged involvement in the Bhima Koregaon violence in 2018 and his links to Maoists.
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Podcast: The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? 

Podcast: The unravelling of a conspiracy: were the 16 charged with plotting to kill India’s prime minister framed? 


en | 35min | 2021

The Guardian / by Siddhartha Deb

In 2018, Indian police claimed to have uncovered a shocking plan to bring down the government. But there is mounting evidence that the initial conspiracy was a fiction – and the accused are victims of an elaborate plot.
Listen to the podcast

Pegasus Espionage: End the global trade in spyware (international campaign)

Pegasus Espionage: End the global trade in spyware (international campaign)

By Pressenza.com

An Indian-led initiative is trying to ensure that the scandal surrounding the large-scale use of NSO Group’s Pegasus cyber-weapon does not simply die down (as previous scandals have).
We reproduce this call to organise and continue campaigning around some basic principles.
Dear friends, dear friends,
Warm greetings from India. You all know that we are going through a steady erosion of our democracy led by a right wing (Hindu) government under the leadership of Narendra Modi. The ruling Bharatiya Janata Party (BJP), along with its vast network of ideological supporters in India and abroad, seeks to establish a Hindutva majoritarian state based on the deprivation of its social, religious and other minorities.
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Also read: Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire, July 18)

Who is a political prisoner? Time to define one

Who is a political prisoner? Time to define one

By Nandita Haksar

There has been a great deal of anguish, angst and anger expressed at the death of Stanislaus Lourduswamy (1937–2021), popularly known as Stan Swamy, an Indian Roman Catholic priest, a member of the Jesuit order, and a tribal rights activist for many decades
His death has drawn focus to the cruelty of the system which denied the right to die with dignity to a senior citizen who was suffering from Parkinson’s disease. However, the imprisonment of Stan Swamy and other political prisoners, including poets, journalists, bloggers, women activists, students, Dalits and Muslims, raises crucial questions. It is not just a humanitarian issue but a political one.
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