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What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

What Freedom Means For India’s Political Prisoners / India Cries for Freedom!

Drawing by Arun Ferreira

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.
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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.
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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!

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.
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‘Modi govt has not learned from election results’: Asaduddin Owaisi questions UAPA

‘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.
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Also read:
▪ Legal experts call for a repeal of UAPA over misuse and rights violations (Frontline / May 2024)
▪ UAPA – CRIMINALISING DISSENT AND STATE TERROR – Study of UAPA Abuse in India, 2009-2022 (PUCL / Sep 2022). Download report


Hany Babu completes four years in prison without bail, trial

Hany Babu completes four years in prison without bail, trial

by Progressive Students’ Association – JNU / @Psa_jnu (Jul 28):
Four Years of Wrongful Incarceration.
Release Prof. Hany Babu!
Repeal UAPA! Free BK15!
Free All Political Prisoners!
#freehanybabu #freebk16 #repealUAPA #FreeAllPoliticalPrisoners

by Deepak Kumar / @rencho79130 (Jul 28):
End 4 Years Wrongful Incarceration in Bhima Koregaon case.
Release Professor Hany Babu Immediately
#Bhimakoregaon #bk16 #SupremeCourtOfIndia

by The Polis Project / @project_polis (Jul 28):

Actor, poet, and writer Danish Husain ( @DanHusain ) reads a poignant poem “For Sachidanandan” written by Professor Dr. Hany Babu, one of the prisoners in the Bhima Koregaon-Elgar Parishad case.
Today, 28 July 2024, marks four years of his incarceration under the draconian UAPA
Watch video


Hany Babu completes four years in prison without bail, trial

28/07/2024

Maktoob / by Maktoob Staff

Delhi University professor and noted academic Dr. Hany Babu, who is one of the UAPA prisoners in the Bhima Koregaon-Elgar Parishad case, completed four years of incarceration on Sunday, 28 July, 2024.
On 28 July, 2020, the National Investigation Agency arrested Babu, an anti-caste activist and a staunch proponent of social justice.
Read more


Also read:
BK-16 PRISON DIARIES: JENNY ROWENA ON THE FEAR OF PRISONS AND THE BRAHMINICAL SYSTEM BEHIND IT (THE POLIS PROJECT / JUNE 2024)
Ex-DU prof Hany Babu withdraws bail plea in Supreme Court (Hindustan Times / May 2024)

Monsoons set to add the torment of high humidity to the woes of intense heat of prisoners

Monsoons set to add the torment of high humidity to the woes of intense heat of prisoners

Drawing by Arun Ferreira

The Leaflet / by Gursimran Kaur Bakshi

The much-discussed heatwaves that are sweeping across the subcontinent have a dark spot— prisons. As monsoons bring high humidity to the hot conditions inside Indian jails, where is the sympathy that will allow prisoners to breathe a sigh of relief?
… The medical health of prisoners is the responsibility of State as per Rule 24 of the Mandela Rules and it must be provided with the same standard as provided to anyone in the society and it should be free of cost to prisoners. However, political prisoners in India are treated with even greater hostility than other prisoners within the abysmal larger jail conditions.
In many of the instances in the Bhima Koregaon case alone, the accused undertrial prisoners have been denied adequate medical facilities, forcing the court to intervene. 
Read more


Also read:
Some personal reflections on prison medical care (The Leaflet | Vernon Gonsalves | Apr 2024)
Relatives of BK16 Flag Prison Authorities’ ‘Criminal Negligence’ and Deteriorating Health of Undertrials (Newsclick / Sep 2022)
Punished without trial: How India’s political prisoners are being denied basic rights in jail (Scroll.in / Aug 2022)

TODAY, is WORSE than the ‘EMERGENCY!’

TODAY, is WORSE than the ‘EMERGENCY!’

Countercurrents / by Cedric Prakash

India will and should never forget that infamous night of 25/26 June 1975, when, the then Prime Minister Indira Gandhi had a state of emergency declared all over the country.

Just before his arrest on 8 October 2020, in a video-message that went viral, Jesuit Fr. Stan Swamy said, “What is happening to me is not something unique happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers’ writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it.”
Read more


Also read:
At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India (The Wire / Jul 2024)
Read PEN International’s full report here
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 | by Anand Teltumbde | Jun 2024)
48 years since the Emergency (PUCL.org / 2023)
In this section of the PUCL website, find the testimonies and memories of those who were arrested, resisted and fought the emergency. Inevitably, we will reflect on today’s challenges to Indian democracy, Constitutional values and human rights.

Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy

Article 21 ‘overturned’ by new criminal laws: Lawyers, activists remember Stan Swamy

Credits: Counterview

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.
Read more


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

At UN Human Rights Review, PEN International Questions Crackdown on Dissent in India

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.
Read more
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.
Read more


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)

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

A New Bill Shows Maharashtra Wants to Become a Police State Before Combatting Left-Wing Extremism

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


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.
Read more


‘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

India: Submission to the UN Human Rights Committee on the deterioration of civic space

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)

US House Urges India To Probe Activist Stan Swamy’s Death In Custody

US House Urges India To Probe Activist Stan Swamy’s Death In Custody

Illustration by #bakeryprasad

NDTV / by pti

According to the resolution, Father Stan played a key role in one of the most significant Adivasi movements in contemporary India.
Three American lawmakers have introduced a resolution in the US House of Representatives, encouraging India to pursue an independent investigation into the arrest, incarceration and death of Father Stan, a human rights activist who died in custody on July 5, 2021.
Read more


Also read:
Jesuit Missions repeats call to clear Indian priest’s name (Indcatholic News / Jul 2024)
Three years after Stan Swamy’s death in custody, activists recall his contributions to Adivasi cause (Scroll.in / Jul 2024)
Jharkhand police to probe into Maoist links with Stan Swamy’s ‘Bagaicha’, 63 other frontal organisations (The New Indian Express / 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)