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In Covid-hit India, where are the women? In Byculla Women’s Jail, awaiting trial, awaiting death

In Covid-hit India, where are the women? In Byculla Women’s Jail, awaiting trial, awaiting death


Drawing by Arun Ferreira

Women in and Beyond the Global / by Dan Moshenberg

When Covid hit India, the reports, and for some expectation, were that the State would consider pandemic measures, such as the need for social distancing, and would reduce the incarcerated populations. To no one’s great surprise, that did not happen generally, and in particular it did not happen in women’s jails and prisons. For example, the state of Maharashtra has 60 central and district jails. Of them, one, Byculla Women’s Jail, is the only one dedicated for women and children, but that doesn’t mean the conditions are in any way better. Byculla Women’s Jail has always been an overcrowded hellhole for women and children.
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Also read:
● Sudha Bharadwaj: My greatest strength were prison inmates (Rediff.com / Feb 2022)
● Another COVID-19 Outbreak in Byculla Prison Highlights Lessons That Haven’t Been Learnt (The Wire / Sep 2021)
● Coronavirus | 38 inmates of Byculla jail test positive (The Hindu / April 2021)

‘The State snatched away my time with my daughter’ / ‘My greatest strength were prison inmates’

‘The State snatched away my time with my daughter’ / ‘My greatest strength were prison inmates’

Part III: ‘The State snatched away my time with my daughter’

04/02/2022

Rediff.com / by Neeta Kolhatkar

‘It’s little things like these – sharing medicines, consoling each other after a mulaqat (meeting) or a tearful phone conversation with your loved ones or when we would return, dejected, when our bails were rejected – that made our time in jail bearable.’
Creativity, says Sudha Bharadwaj, is a vital lifeline for those who find their freedom taken away for crimes they may, or may not, have committed.
Survival as a prisoner during the last three years has been difficult, both emotionally and physically, but her brilliant smile makes light of it.
There were times however, she tells Rediff.com Senior Contributor Neeta Kolhatkar, when she too felt devastated.
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Part IV: ‘It is my love for the people of this country’

04/02/2022

Rediff.com / by Neeta Kolhatkar

‘I can’t help it if people don’t love the minorities, the Dalits and Adivasis; they are as much of this country as any other Indian.’
‘If I love them, it does not mean I do not love my country.’
‘It is ironic and funny that they have laid such severe anti-national charges against me.’
Good memories. And bad.
Difficult moments. And memorable ones.
Trade union leader, activist and lawyer Sudha Bharadwaj has gathered them all in her challenging walk through Life.
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Part II: ‘My greatest strength were prison inmates’

03/02/2022

Rediff.com / by Neeta Kolhatkar

‘You are with each other 24×7, so how can you ignore someone crying next to you?’
‘How can you not share a piece of chicken with someone who is sitting next to you and watching you eat it?’
‘Of course, you will share.’
‘And you become friends with the kind of people you never thought you’d even know.’
In a conversation with Rediff.com Senior Contributor Neeta Kolhatkar, Sudha Bharadwaj explains how she kept her spirits up.
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Also read:
● Part I: ‘I was imprisoned in the phansi yard’ (Rediff.com / Feb 2022)

Default bail arguments completed for Elgar Parishad accused

Default bail arguments completed for Elgar Parishad accused

Click to enlarge

by Swati Deshpande (Jan 28, 2022)
Default bail arguments completed by defence lawyers for Elgar Parishad accused on Friday before Special UAPA court. The special Public prosecutor will now argue on February 14.

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
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Patriotism of Social Activists is Increasingly being Punished: Activist Sudha Bharadwaj

Patriotism of Social Activists is Increasingly being Punished: Activist Sudha Bharadwaj

Newsclick / by Ajaz Ashraf

India is far from realising the promises of justice and equality made in the Constitution, says the well-known activist, citing her experiences in prison as an under-trial and as a lawyer representing workers.
After spending nearly three years in jail, Bharadwaj was released on bail last month. Her bail conditions proscribe her from speaking on the Bhima Koregaon case and leaving Mumbai, although she has now been allowed to live in Thane. NewsClick did not ask her any question on the case, and she politely refused to answer any question she thought was even remotely connected to it. In the first part of this interview, Bharadwaj speaks on the meaning that Republic Day, the Constitution, and the law have for jail inmates, based on her conversations with them.
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Also read
● Part 2: My Spirit has not Been Broken: Activist Sudha Bharadwaj (NewsClick / Jan 2022)

Sudha Bharadwaj: I hope I can begin practising in Mumbai / Prisoners are cut off from legal remedies

Sudha Bharadwaj: I hope I can begin practising in Mumbai / Prisoners are cut off from legal remedies

Sudha Bharadwaj interview: ‘I hope I can begin practising in Mumbai’

21/02/2022

The Indian Express / by Sadaf Modak

Among the conditions set for Bharadwaj’s bail was that the 60-year-old would not make any statement on the proceedings of the case. Recently, she got permission to leave Mumbai limits for Thane. Excerpts from an interview:
Can you tell us about finding yourself in jail, first in the Yerwada Central Prison in Pune and then the Byculla Women’s Prison?
The first experience is quite frightening. It is an immediate loss of dignity, privacy and identity.
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Sudha Bharadwaj: ‘When inside, you see how cut off a prisoner is from legal remedies’

21/02/2022

The Indian Express / by Sadaf Modak

Bharadwaj said one reason was that the remuneration given to lawyers on the legal aid panel was not sufficient.
Calling the experience of being in jail an eyeopener, trade unionist and human rights lawyer Sudha Bharadwaj has said she hopes to work to improve legal aid for prisoners.
In an interview to The Indian Express, Bharadwaj, who was released on December 9 on bail, said she was considering filing a PIL on the matter.
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● ‘I Am Ready To Put On My Black Coat’: Lawyer Sudha Bharadwaj, Out On Bail After 3 Years In Jail (article 14 │ Jan 2022)
● Sudha Bharadwaj speaks – A Life in Law and Activism. (PUCL │ Jan 2021 │ 316 pages)

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

PEGASUS SNOOPING: Bhima Koregaon’s Accused Write To SC’s Technical Committee

19/01/2022

Law Street Journal / by Komal Kinger

Pegasus is a type of spyware created by the Israeli cyberarms firm NSO Group that can be installed secretly on mobile phones (and other divices) running most versions of iOS and Android.
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Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
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Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
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Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Bhima Koregaon Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

Elgar Parishad Accused, Their Lawyers Write to SC’s Committee on Pegasus Spyware Targeting

10/01/2022

The Wire / Sukanya Shantha

On January 3, the committee issued a public notice urging people to contact them in case they have reasons to believe that their phones were compromised using the malware.
Several human rights defenders and academics implicated in the Elgar Parishad case and their lawyers have sent their representation to the Supreme Court-appointed Technical Committee alleging that their phones were infected by the vicious Pegasus malware.
Read more

Bhima Koregaon accused and their counsel write to SC’s Pegasus technical committee alleging snooping

08/01/2022

The Leaflet / by The Leaflet

On January 3, the Supreme Court-appointed Technical Committee (TC) to investigate the snooping allegations using Pegasus spyware had issued a public notice urging citizens to contact it if they felt that their mobile device had been infected…
The Leaflet learns that at least four accused in the Bhima Koregaon case, and their counsel, Nihalsing B. Rathod, have written to the committee separately alleging that their mobile devices had been infected with the Pegasus malware.
Read more

Counsel Of Bhima Koregaon Accused Writes To SC-Appointed Technical Committee Suspecting Hacking Of His Device

09/01/2022

Live Law / by Srishti Ojha

A lawyer, who represented several persons implicated in the Bhima Koregaon Elgar Parishad case has written to the Technical Committee appointed by the Supreme Court to probe into the allegations of snooping through Pegasus, suspecting compromise of his mobile device by Pegasus Malware.
Advocate Nihalsing B Rathod, a practicing lawyer based in Nagpur has argued that his phone was intercepted for accessing the privileged communication and legal strategies drawn on behalf of his clients in the Bhima Koregaon Elgar Parishad.
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Bhima Koregaon accused, counsel write to SC appointed Committee alleging phones were compromised

08/01/2022

Bar & Bench / by Abhimanyu Hazarika

Advocate Nihal Singh Rathod has offered to appear before the committee and submit his phone for probe.
A Nagpur-based lawyer on Friday wrote to the Supreme Court appointed Technical Committee probing the Pegasus spyware scandal, stating that he has reasons to believe his phone was hacked and compromised by the spyware.
Read more

Also read:
● Leaked Data Shows Surveillance Net in Elgar Parishad Case May Have Crossed a Line (The Wire / July 2021)

UAPA Annual Digest 2021: Important Judgments Of Supreme Court & High Courts

UAPA Annual Digest 2021: Important Judgments Of Supreme Court & High Courts

Live Law / by Aaratrika Bhaumik

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities (Prevention) Act, 1967 from the Supreme Court, High Courts and trial courts across the country. This yearly digest includes 90 judgments and orders.
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Also watch: Repeal UAPA – Persecution by Prosecution (PUCL, Jan 2021)

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day One (video: en + … | 2h 17min)
► Repeal UAPA – Day Two (video: en +… | 2h 22min)
► Repeal UAPA – Day Three (video: en + … | 2h 51min)

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Bombay HC Turns Down Plea By 8 Accused For Factual Corrections In Order Denying Bail

Click to enlarge

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

23/12/2021

Live Law / by Sharmeen Hakim

The Court cited the bar under Section 362 CrPC in reviewing the order.
The Bombay High Court on Thursday refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC’s order denying them bail.
Through a precipice (application) for “speaking to minutes”, the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
Read more

Bombay HC refuses to entertain plea by 8 accused claiming „factual errors“ in default bail order

23/12/2021

Bar & Bench / by Neha Joshi

The 8 accused had moved the High Court seeking a minor rectification in the order passed by the Division Bench refusing default bail to them.
The Bombay High Court on Thursday refused to intervene in a plea by eight accused in the Bhima Koregaon violence case seeking a rectification of the ‘factual errors’ in the order refusing default bail to them.
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HC disposes plea of eight accused seeking rectification in order denying them bail

23/12/2021

Scroll.in / by Scroll Staff

The activists and academicians had said that the Bombay High Court order was based on a ‘factual error’.
The Bombay High Court on Thursday refused to intervene in a plea filed by eight accused persons in the Bhima Koregaon case, seeking rectification in an order that refused them bail, Bar and Bench reported.
The Bhima Koregaon case pertains to caste violence in a village near Pune in January 2018. Eight activists and academicians are among the 16 people arrested for allegedly plotting the violence.
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Eight Accused Approach HC, Say Denial of Default Bail Based on ‘Factual Error’

22/12/2021

The Wire / by The Wire Staff

Sudhir Dawale, Varavara Rao, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, Vernon Gonsalves and Arun Ferreira have approached the high court claiming its order denying them default bail was based on a “factual error”.
Eight activists and academics currently in jail in the Elgar Parishad case, who were denied default bail by the Bombay high court earlier this month, have approached the high court on Tuesday, seeking a correction in the relevant order. They said that they had in fact exercised their right to default bail within the stipulated period …
The high court will hear the matter further on December 23.
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Had Sought Default Bail Like Sudha Bharadwaj’: 8 Bhima-Koregaon Accused Approach Bombay HC Claiming ‘Factual Error’ In Judgment

21/12/2021

Live Law / by Sharmeen Hakim

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.
It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent to extend the time for probe as it was not notified as a Special Court under the NIA Act. However, the Court denied the same benefit to other accused by saying that they had not filed applications for default bail when that right accrued to them.
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Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

Arsenal Consultancy has no locus standi to give opinion in Shoma Sen’s plea, says NIA

The Hindu / by Sonam Saigal

The digital forensic analyst said false evidence was planted against the retired professor to implicate her in the case.
The National Investigation Agency (NIA) told the Bombay High Court on Thursday that Arsenal Consultancy, a digital forensic analyst that said false evidence was planted against retired Prof. Shoma Sen who is an accused in the Bhima Koregaon caste violence case, has “no locus standi to give opinion without court’s permission”.
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Also read:
● Rona Wilson’s iPhone Infected With Pegasus Spyware, Says New Forensic Report (The Wire / Dec 2021)