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Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

Former Civil Servants Say UAPA’s ‘Flaws and Loopholes’ Allow Abuse, Call For Replacement

17/08/2021

The Wire / by The Wire Staff

The Constitutional Conduct Group said that the “harsh amendments” that the anti-terror law has gone through in recent years has made it “draconian, repressive, and amenable to gross misuse”.
Over 100 former civil servants have endorsed an open letter by the Constitutional Conduct Group (CCG) which calls for the draconian Unlawful Activities (Prevention) Act (UAPA) to be amended, saying as it stands today, the law has “many flaws and loopholes making it amenable to large scale abuse and misuse by some politicians and overzealous policemen”.
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Government must replace the UAPA, safeguarding personal liberties

16/08/2021

By Constitutional Conduct Group

Open Letter: Government of India must replace the UAPA with legislation that fights terrorism while safeguarding personal liberties

Dear Citizens of India,
We are a group of retired officers of the All India and Central Services who have worked with the Central and State Governments in the course of our careers. As members of the Constitutional Conduct Group, we believe in impartiality, neutrality and commitment to the Indian Constitution and in safeguarding its values.
We are writing this in the matter of the Unlawful Activities (Prevention) Act (UAPA) that violates the Constitutional guarantees of citizens’ fundamental rights…
The most shocking of the arrests under the UAPA have been of persons accused in the Bhima-Koregaon case. Several well regarded activists who have fought throughout their lives for the rights of tribal people and other oppressed groups have been arrested as terrorists and, even today, languish in jail.
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Tributes to Stan Swamy / Daily wage earners vow to follow Father Stan Swamy’s ideals

Tributes to Stan Swamy / Daily wage earners vow to follow Father Stan Swamy’s ideals


Bilaspur, Aug 14

Daily wage earners vow to follow Father Stan Swamy’s ideals

17/08/2021

The Telegraph / by Animesh Bisoee

The spontaneous decision was taken during a resolution meeting organised by Jharkhand Krantikari Mazdoor Union at Adivasi Basti in Kadma
Daily wage earners in one of the urban slums in the steel city took a resolve to follow the ideals of Father Stan Swamy on the country’s 75th Independence Day on Sunday.
The spontaneous decision was taken during a resolution meeting organised by Jharkhand Krantikari Mazdoor Union (JKMU) at Adivasi Basti in Green Park, Kadma.
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TN Assembly condoles demise of Stan Swamy, Aadheenam

17/08/2021

The New Indian Express / by Express News Service

The members of the House observed silence as a mark of respect for the departed souls.
The State Assembly on Monday condoled the demise of human rights activist Stan Swamy, Periyarist V Anaimuthu, Madurai Aadheenam Arunagirinathar, Tamil scholar Ilankumaranar, Dr S Kameswaran and nine former MLAs including Tindivanam K Ramamurthi and E Madhusudanan.
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An artistic tribute to tribal activist Father Stan Swamy

16/08/2021

The Times of India / By The Times of India

A collection of artists came together on Independence Day in a virtual performance to honour Father Stan Swamy, the 84-year-old Jesuit priest and tribal rights activist who passed away in a Mumbai hospital on July 5 after being jailed in the Elgar Parishad case.
‘Kelvi Koothu’ or Dirge for Democracy, a two-hour event, had a line-up which included gaana artist G Isaivani of the Casteless Collective who was included in the BBC’s top 100 women list of 2020 and others like Gana Muthu, Muniammal, Kachha (Dholak), Citizens’ Choir, Kattiyakaari, Kalaimamani Muthuchandran’s Tholpaavai troupe, Rithvik Raja and Praveen Sparsh.
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Video: A dirge for Democracy (Justice Rocks)


tamil | 1h 58min | 2021

By Vettiver Collective

The price of liberty is eternal vigilance. Happy Independence Day is a greeting, a celebration, an opportunity to renew our commitment to safeguarding the Constitution of India and a reminder that democracy survives only if citizens actively thwart moves to curtail freedom. #Kelvi Koothu or Dirge for Democracy is that satirical, artistic reminder that a passive citizenry will herald the death of democracy. #FatherStan #IndependenceDay #August15 Catch the fantastic artist line up of Gana Muthu, Muniammal, G. Isaivani, Kachha (Dholak), Citizens’ Choir, Kattiyakaari, Muthuchandran’s Tholpaavai troupe, Rithvik Raja and Praveen Sparsh at #KelviKoothu.
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Here Are the 9 UAPA FIRs Which the Union Govt Refused to Share Details of in Parliament

Here Are the 9 UAPA FIRs Which the Union Govt Refused to Share Details of in Parliament

The Wire / by Gaurav Vivek Bhatnagar

As many as 1,226 Unlawful Activities (Prevention) Act (UAPA) cases were filed by the central investigation agencies and state police in 2019, a 33% increase from 2016, the Union government told the parliament. However, when it was asked to share details of how the law has been used, the government avoided answering in ‘larger public interest’.
… In July 2018, ahead of the 2019 Lok Sabha polls, a protest was held by lawyers and civil rights activists against the UAPA. Gautam Navlakha of People’s Union for Democratic Rights (PUDR), who also participated in the protest, had suggested that a movement against UAPA was needed and efforts should be made to seek the commitment of political parties ahead of the general election so that it is repealed.
At the same event, civil rights activist and lawyer Sudha Bharadwaj gave a detailed account of how the UAPA was being misused against Dalits, tribals and minorities.
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All-India campaign by civil society, labour and farmers’ organisations / Popular actions

All-India campaign by civil society, labour and farmers’ organisations / Popular actions


Read Call: OPEN NATIONAL CALL: DEFEND RIGHT TO DISSENT, REPEAL SEDITION LAW, UAPA AND REPRESSIVE STATE LAWS (July 27, 2021)


Bilaspur, Aug 14


Chennai based group to honour Stan Swamy on Independence day

14/08/2021

The Telegraph / by Pheroze L. Vincent

A Chennai-based group is hosting a series of discussions and cultural events that will culminate in music and satire webcast on Independence Day in honour of Father Stan Swamy.
The event, titled “Kelvi Koothu” in Tamil and “Dirge for Democracy” in English, has been organised by the Vettiver Collective, a group that agitates on social and environment issues by conducting unsponsored cultural events.
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Proposed popular actions to resonate Tilak’s Swaraj is My Birthright, Gandhi’s Do or Die?

14/08/2021

Counterview / by Fr Cedric Prakash SJ

The institutional murder of 84-year-old Jesuit priest Fr Stan Swamy, who died on July 5, 2021 while still in judicial custody, has shaken the very foundations of democracy in India. The importance and the urgency to defend democracy and all that is precious in the Constitution of India against repressive and anti-people laws, is perhaps felt today, as never before…
On August 9, the National Campaign to Defend Democracy gained added momentum when 165 movements, platforms and organisations, representing thousands of citizens, gave a call for a country wide action to save our democracy
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All-India campaign by civil society, labour and farmers’ organisations on Independence Day

12/08/2021

The Telegraph / by Animesh Bisoee

The National Campaign to Defend Democracy will take a pledge to to fight draconian laws, and uphold the right to question and show dissent
Over 160 civil society, labour and farmers’ organisations will as part of a nationwide campaign on Independence Day take a pledge to fight draconian laws, uphold the right to question and show dissent and oppose State actions that “deprive us of the freedoms of speech and opinion”.
The movement, named National Campaign to Defend Democracy and spearheaded by the People’s Union for Civil Liberties (PUCL), the Jharkhand Janadhikar Mahasabha (a conglomeration of human rights organisations) and trade unions, will also seek justice for Father Stan Swamy.
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Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

Surendra Gadling Granted Temporary Bail in 2016 UAPA Case For Performing Mother’s Funeral Rites

12/08/2021

Live Law / by Sharmeen Hakim

Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application.
Bhima Koregaon accused – Advocate Surendra Gadling – has been granted temporary bail in a 2016 case under the Unlawful Activities (Prevention) Act, paving the way for his release from Taloja Prison tomorrow to perform his mother’s funeral rites. Gadling’s counsel’s approached the Gadchiroli Sessions court seeking temporary bail soon after the Nagpur Bench of the Bombay High Court disposed of his regular bail application yesterday on the grounds that it was not maintainable.
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Bombay High Court refuses bail to Surendra Gadling in 2016 case

12/08/2021

Bar & Bench / by Neha Joshi

The Nagpur Bench of Bombay High Court refused bail to Gadling in a case registered by the Gadchiroli police in 2016 under UAPA.
The Nagpur Bench of Bombay High Court refused bail to lawyer and activist Surendra Gadling in a case registered by the Gadchiroli police in 2016 under offences of the Unlawful Activities (Prevention) Act and the Indian Penal Code (Surendra Gadling v. State of Maharashtra)
Gadling is also an accused in the Bhima Koregaon case of 2018 which is being investigated by the National Investigation Agency (NIA).
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The Unlawful Activities (Prevention) Act is a blot on the nation

The Unlawful Activities (Prevention) Act is a blot on the nation

The Telegraph / by Prabhat Patnaik

The Unlawful Activities (Prevention) Act is a blot on the nation. In no nation reputed to be civilized is there a law that allows the State to pick up literally anybody and keep the person in jail for years, without trial and without bail; and, if, at the end of the trial, whenever it occurs, the person is found innocent, then there is no question of the State being obliged to pay any compensation for the lost years in the person’s life. But this is exactly what the UAPA does.
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PUDR report: Framed to Die – The Case of Stan Swamy

PUDR report: Framed to Die – The Case of Stan Swamy

By Peoples Union for Democratic Rights (PUDR)

Marking a month since Stan Swamy passed away in judicial custody in a private hospital, a month in which no official inquiry, even the mandated magisterial inquest, has not been initiated, Framed to die: The case of Stan Swamy documents the manner in which Stan Swamy was framed, fettered, and finally forced towards a fatal illness under due process of law called Unlawful Activities (Prevention) Act.
Framed to Die argues that Stan’s experiences of persecution provide an understanding of many others, including the 15 accused in the Bhima Koregaon case. Beyond chronicling Stan’s persecution under law, Framed to Die documents why Comrade Stan was a dissenter and a true patriot and why the state feared and criminalized his dissent under the UAPA.

Download full report (45 pages) here

Bangalore Protests against Sedition, UAPA and demand Justice for Stan Swamy

Bangalore Protests against Sedition, UAPA and demand Justice for Stan Swamy

Gauri Lankesh News / by Gauri Lankesh News Desk

Father Stan Swamy is seen as a guiding figure who has served as an inspiration to many encouraging them to pick up and fight for good causes.
Bengaluru: Protests demanding repeal of regressive laws like UAPA, sedition and justice for Father Stan Swamy took place near the Gandhi Statue at Maurya Junction on Tuesday. The demonstration was organized by The National Action to Defend Democracy to protect the citizens’ right to dissent.
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Report: LRS Webinar on the Unlawful Activities Prevention Act (UAPA)

Report: LRS Webinar on the Unlawful Activities Prevention Act (UAPA)

By Lok Raj Sangathan

Over a hundred and fifty people from all over India, and a few Indians abroad too, participated in an online event organised by Lok Raj Sangathan on the pressing issue of the draconian UAPA.
It began with a presentation explaining the history of the UAPA and other similar laws like TADA and POTA. It showed how authoritarian laws were made more repressive over the years; explained the provisions in the UAPA at present which render it totally brutal and violative of basic human rights.
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