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Category: Repression

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

AI Report: India’s exploitation of terrorism financing assessments to target the civil society

Amnesty.org / by Amnesty International

The Indian government has exploited the 2010 and 2013 Financial Action Task Force (FATF) assessment reports to supplement its arsenal of counterterrorism and money laundering laws, many of which are routinely used to target civil society organizations and human rights defenders. The briefing paper analyses the Foreign Contribution (Regulation) Act, Unlawful Activities (Prevention) Act and Prevention of Money Laundering Act and highlights the emblematic cases of the crackdown suffered by journalists, academics, human rights activists, and students under these laws since 2010.
…

IMPACT OF UAPA ON INDIA’S NPO SECTOR
(Page 25) … Sections 17 and 40 of UAPA that relate to terrorist funding have also been arbitrarily invoked against 16 human rights activists (BK16) since 2018, nine of whom continue to be detained without trial in the Bhima Koregaon case…
India’s targeting of activists through the misuse of UAPA’s financial powers demonstrates the broader context of the crackdown on dissent in India. For example, in June 2020, after thorough and detailed research, Amnesty International and Citizen Lab uncovered that at least nine other activists who had been calling for the release of the BK16 activists were targeted through a coordinated spyware campaign. Three of them were also targeted with the NSO Group’s Pegasus spyware, a commercial product only sold to government entities.
Read full report


● Campaign by Amnesty International: Act now to demand the release of the BK16! (Dec 2022)

Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
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Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations

Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations

The New Indian Express / by Mukesh Ranjan

A delegation of these organisations met Special IG Prabhat Kumar demanding to clear their stand on the issue. They also demanded immediate rejection of any such list if it has been issued.
Jharkhand police has ordered its Special Branch to probe the Maoist links with some of the frontal organizations like Stan Swamy’s ‘Bagaicha,’ ‘Stan Swami Nyay Manch’ and several
others active in the state and submit a report.
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Also read:
● Can Father Stan Swamy’s PIL be the blueprint for justice to thousands of undertrials lodged under UAPA? (The Leaflet / Aug 2023)
● Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)
● Justice for Stan Swamy! Drenched supporters carry on his legacy (SabrangIndia / Jul 2021)
● NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)
● A study of Undertrials in Jharkhand (Sanhati / by Bagaicha Research Team / Feb 2016)

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John


Tragedy that people remain in jail with little or no evidence in UAPA cases: Advocate Rebecca John

17/09/2023

Scroll.in / by Scroll Staff

The senior advocate said that the law has strict bail conditions and allows extension of custody of an accused from 90 to 180 days before chargesheet is filed.
It is tragic that people booked under the Unlawful Activities (Prevention) Act continue to remain incarcerated on little or no evidence due to the stringent sections in the law, senior advocate Rebecca John said on Saturday, reported Live Law.
John, who has represented activists Vernon Gonsalves and Arun Ferreira in the Bhima Koregaon case, made the remarks during a panel discussion held for the launch of the book, Unsealed Covers: A Decade of the Constitution, the Courts and the State by author Gautam Bhatia.
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When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That’s The Real Tragedy: Rebecca John

17/09/2023

Live Law / by Gyanvi Khanna

During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities (Prevention) Act, 1967 (UAPA).
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Video: Discussion On Unsealed Covers By Gautan Bhatia – Justice Muralidahar, Rebecca John, Seema Chishti


en | 1:37:45 | 2023
Watch video

Also read/watch:
● Rebecca John: Supreme Court judgment has far reaching consequences (Rediff.com / Aug 2023)
● Video: Vernon v. State of Maharashtra: A Breakthrough in Bail Jurisprudence under the UAPA? (PUCL India / Aug 2023)

When reading books is criminalised: Examining UAPA, sedition cases in India

When reading books is criminalised: Examining UAPA, sedition cases in India

The News Minute / by Prajwal Bhat, edited by Vidya Sigamany

Among other things, books read by students and activists are increasingly part of chargesheets in sedition and terror cases.
In Franz Kafka’s novel The Trial, the protagonist is prosecuted by an unknown authority that drags him through opaque legal proceedings where the nature of his crime is not revealed, to him or the reader. Such legal bureaucracies that are seemingly far-fetched are not too dissimilar to the trials of students, activists, and academics in India who are charged with sedition or under the Unlawful Activities (Prevention) Act (UAPA).
Perhaps the account that is most reminiscent of Kafka’s novel is Sagar Abraham-Gonsalves describing the police ransacking their home and confiscating books, computers, and hard drives before arresting Sagar’s father, activist Vernon Gonsalves, in connection with the Bhima Koregaon case.
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Also read:

● Report: UAPA – CRIMINALISING DISSENT AND STATE TERROR (PUCL / Sep 2022)
Download report
● Will SC’s Sedition Order Mean Relief for Delhi Riots, Bhima Koregaon Accused? (The Quint / May 2022)
● Explainer: How the Sedition Law Has Been Used in the Modi Era (The Wire / Mai 2022)

Telangana turns into experimental theatre to misuse suppressive laws: CASR meet

Telangana turns into experimental theatre to misuse suppressive laws: CASR meet

Counterview / by Our Representative 

Speakers at a media conference, organised by the civil rights network Campaign Against State Repression (CASR), even as discussing “suppression of democratic voices” using suppressive laws in the light of the Tadwai case, where 152 activists of Andhra-Telangana were named under the anti-terror Unlawful Activities (Prevention) Act (UAPA), have demanded repeal of the “draconian” law.
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Also read:
● Blatant use of UAPA by Telangana Police to suppress dissenting voices (Countercurrents / June 2023)
● Telangana Govt to ‘Drop’ UAPA Case Against Prof Haragopal, Sudha Bharadwaj, 150 Others (The Wire / June 2023)
● The Govt is out to silence Dissenters through Arrests: Justice Hosbet Suresh (Sabrangindia / Oct 2018)

Will India care for human rights by releasing undertrial activists ahead of G20 summit?

Will India care for human rights by releasing undertrial activists ahead of G20 summit?

Counterview / by Bharat Dogra

India has a very rich tradition of opposing wrongly arrested persons, going back to the days of the freedom movement…
Hence, ahead of the Independence Day, it would be a much appreciated gesture on the part of the government if it releases several dissenting activists, including distinguished scholars and lawyers, who are widely believed to have been wrongfully arrested or implicated in wrong cases. To give one often discussed example of what is widely believed to be a case of wrongful arrests, we may mention here the Elgar Parishad case.
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Also read:
● The Burgeoning Share of Undertrial Prisoners in India’s Jails (The Wire / Oct 2022)
● Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)
● Even after Stan Swamy’s death, the fight to get justice for Jharkhand undertrials is still alive (Scroll.in / Dec 2021)

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Frivolous conspiracy cases on Jharkhand’s anti-displacement activists: FACAM

Bacha Singh, Damodar Turi during protests

Counterview / by Counterview Desk / FACAM

Civil rights group Forum Against Corporatization And Militarization (FACAM), even as condemning the alleged harassment of Jharkhand activists by the National Investigation Agency (NIA), has said that they are being intimidated because they have “opposed corporate loot of people’s resources.”
…
It is a malicious plot of the state machinery to suppress democratic voice against corporate loot and displacement of adivasis
Among Bhima Koregaon political prisoners, most were actively opposing the state-corporate expropriation of people’s resources, displacement and state repression. Father Stan Swamy himself played an instrumental in formation of Visthapan Virodhi Janvikas Andolan (VVJA) and was active in Pathalgadhi Movement to ensure the autonomy and sanctity of gram sabha.
Read full statement

Also read
● Narendra Modi’s Government Is Using False Charges of Terrorism to Repress Its Opponents (Jacobinmag / April 2022)
● This Organisation In Jharkhand Is Holding The State Accountable (Youthkiawaaz / April 2022)
● NIA Opposes Stan Swamy’s Bail; Calls PUCL, Visthapan Virodhi Jan Vikas Andolan ‘Maoist Fronts’ (The Wire / Jan 2021)

Rona Wilson writes about Five Years of Incarceration – and the Audacity of Hope

Rona Wilson writes about Five Years of Incarceration – and the Audacity of Hope

The Wire / by Rona Wilson

Father Stan Swamy died on this day two years ago, while incarcerated in the Elgar Parishad case. His co-accused Rona Wilson writes about continuing oppression in the country – and where he finds hope.
To have spent more than five years in prison, for alleged offences under the most draconian acts of the Indian Penal Code, fully aware that the only ‘crime’ of you and your co-defendants is speaking truth to power, is an experience that is surreal. To live such a quotidian life in prison is a dystopia that stares at you. Yet you have little choice in prison but to engage with this audacity. It is through words that you confront this dystopia, name it.
Through words we name the world we confront/inhabit, and make sense of our existence.
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Karnataka High Court advocate says ‘legal system is under attack from fascism’

Karnataka High Court advocate says ‘legal system is under attack from fascism’

The Hindu / by Nellore Sravani

The legal system is under attack from fascism, and there is a need to recognise the pattern in which this is being done and fight it, says Clifton D’Rozario, an advocate from the Karnataka High Court.
Speaking at a seminar on ‘Protection of Constitutional Values – Role of State Lawyers’, organised by the All India Lawyers’ Association for Justice (AILAJ) in Vijayawada on June 25 (Sunday), Mr. Rozario, who is the general secretary of AILAJ, said the Babri Masjid case, the Justice Loya case, the Bhima Koregaon case point out to this pattern, where the judiciary seemed hesitant to go against the government.
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Six (of Many) Reasons Why PM Modi’s Words on Democracy in the White House Ring Hollow

Six (of Many) Reasons Why PM Modi’s Words on Democracy in the White House Ring Hollow


#ModiNotWelcome /
Modi Visit Protests and other Actions (kractivist.org)

 

The Wire / by Ajoy Ashirwad Mahaprashasta

There is a world of gap between what the prime minister preaches at global events and what his government practices. Although Modi has denied promoting any form of discrimination under his rule, it is evident that he is blatantly misleading the world.
…
Here are a few instances which contradict the Prime Minister’s assertions in the White House.

The Elgar Parishad case
Five years have passed but most of the 16 arrested activists, all renowned for their life-long advocacy of civil liberties and opposition to any form of discrimination against people living on the margins, are still in jail.
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