Repression – Page 3 – free them all

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.
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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.
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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.
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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.
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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)

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.
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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)

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.
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‘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)

In a case involving fake currency, Supreme Court gets real about the right to speedy trial

05/07/2024 Asha

The Leaflet / by The Leaflet

The Supreme Court has provided a timely reminder, as much to itself as to subordinate judiciary and the general public, that presumption of innocence and the right to a speedy trial cannot be counterfeited by ‘national security’.
IN a significant ruling, the Supreme Court has held that irrespective of the nature of the crime, an accused is entitled to a speedy trial.
The court has also remarked that “if the prosecuting agency and the court concerned have no wherewithal to protect the fundamental right to a speedy trial, then they should not oppose the bail petitions on the ground that the crime committed is serious.”
Read more

Also read:
▪ ‘Trial will take years & years & years:’ SC grants bail to Bhima Koregaon accused Gautam Navlakha (The Print / May 2024)
▪ Contrary To SC’s Rules Of Assignment, At Least 8 Politically Sensitive Cases Moved To One Judge In 4 Months (article 14 / Dec 2023)
▪ Inconsistencies in Bail Orders Mean Individual Liberty Is Now the Outcome of Judicial Lottery (The Wire / Oct 2022)
▪ How many years can an undertrial languish in jail without trial? Bombay High Court asks NIA on Bhima-Koregaon Violence (Free Press Journal / Jul 2021)

Release India’s Political Prisoners / Video: 10 Political prisoners of the Modi era

03/07/2024 Asha

Jacobin.com / by Safa Ahmed

Since reaching power, Narendra Modi’s Bharatiya Janata Party has jailed political critics using bogus terrorism and incitement charges. But an electoral setback for his party offers hope of change in India and a crack in his authoritarian Hindutva order.
… There are those who do make it out of prison. But in one harrowing case, imprisonment under the UAPA became a death sentence. In 2018, violent clashes broke out between Dalits and Hindu militant groups in Bhima Koregaon, a village in Maharashtra state. Instead of arresting any militants, police in the state arrested sixteen eminent activists, academics, and lawyers over the next two years — all of whom were involved in civil rights work supporting marginalized Dalits and tribal Adivasi communities.
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Video: Meet 10 ‘political prisoners’ of the Narendra Modi regime in jail without trial

By The Telegraph

en | 4:45 | 2024
From Kashmir to Pune, from the barrage of detainees from the CAA-NRC protests to the Delhi riots case accused to the infamous Bhima Koregaon arrests, Prime Minister Narendra Modi’s time in office has been marked by a number of ‘political prisoners’ who remain indefinitely behind bars, with their trials still pending.
Watch video

Also Read:
▪ How The Indian Prison System Denies Basic Freedoms, Rights And Dignity To Political Prisoners (The Polis Project / June 2024)
▪ The Opposition Must Demand the Release of all Political Prisoners (The Wire / June 2024)
▪ Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
▪ India’s Hindu Nationalist Project Relies on Brutal Repression (Jacobinmag / April 2021)

India: Authorities must immediately repeal repressive new criminal laws

01/07/2024 Asha

Amensty.org / by Amnesty International

As three new criminal laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhinayam (BSA), come into effect today replacing three British-era laws in India, Aakar Patel, chair of board at Amnesty International India said:
“The provisions of the amendments to and overhaul of the criminal laws in India would have debilitating consequences on the effective realization of the rights to freedom of expression, association, peaceful assembly, and fair trial.”
Read full statement

Also read/watch:
▪ India: Arrests, Raids Target Critics of Government (Amnesty International / Oct 2023)
▪ AI Report: India’s exploitation of terrorism financing assessments to target the civil society (Amnesty.org / Sep 2023)
▪ Incriminating document found in Fr. Stan Swamy’s computer ‘planted’; similar tampering found in other Bhima Koregaon accused: Reports American forensic firm (The Leaflet / Dec 2022)
▪ Fabricating Evidence Against Life and Liberty: Tampering with Fr. Stan Swamy’s computer and its implications for Bhima Koregaon case (Mumbai Rises to Save Democracy / Dec 2022)
▪ Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Colonial Reality of India’s Criminal Laws Remains Despite the New Hindi Names

21/06/2024 Asha

Colonial Reality of India’s Criminal Laws Remains Despite the New Hindi Names

21/06/2024

The Wire / by Rajshree Chandra

The argument that we are in the process of decolonizing laws is a bogus one and it reveals our hypocrisies more than anything else.
… Arundhati Roy today is now going to be being tried under many provisions of IPC along with the Unlawful Activities Prevention Act (UAPA) for a speech she gave in 2010, 14 long years ago.
Fourteen years ago, she was charged with sedition (S. 124 A) based on a complaint that her speech (in Delhi) advocated separation of Kashmir from India and therefore “jeopardised public peace and security”. Fourteen years later, charges have been upgraded, and she is now also charged under the anti-terror law UAPA for reasons that are legally confounding but politically quite apparent.
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SKM condemns prosecution sanction of Arundhati Roy, Showkat Hussain under UAPA

20/06/2024

Deccan Herald / pti

The Delhi LG, earlier last week, gave his sanction to prosecute Roy and Hussain for allegedly making provocative speeches at an event in 2010.
The Samyukt Kisan Morcha (SKM) on Thursday condemned Delhi LG V K Saxena’s approval to prosecute author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain under the stringent Unlawful Activities (Prevention) Act.
… “The slapping of UAPA reflects that the present government, although cut down to size in recently concluded Lok Sabha elections, nonetheless wishes to continue with its older line of clamping down on any dissent and branding it as ‘anti-national’,” the organisation added.
The SKM claimed the National Investigation Agency has sent to jail 16 leading intellectuals and activists with “false charges” in the Bhima-Koregaon case.
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Talons intact – Indian democracy is not free from fascism yet

22/06/2024

The Telegraph / by Asim Ali

The electoral setback for the BJP marks an important check on the accelerated process of “fascistization of the regime” as I had noted in my column for The Telegraph last month
The last fortnight has been marked by a widespread sentiment of relief at the failure of the Narendra Modi regime to come back with a full majority. The relief is understandable. The sentiment, which seems out of place, represents the exultation at the triumphant redemption of Indian democracy from the clutches of fascism.
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▪ Video: PUCL and over hundred organisations present: Repeal UAPA – Persecution by Prosecution

Lawyers, the persecuted, their families and others will present how UAPA is being used to persecute activists and silence dissent. The 3 days will see State-wise sharing from AP, Assam, Chhattisgarh, Delhi, Haryana, J&K, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Telangana & UP

► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)