Vol. XXXVII, No. 10 ISSN-0970-8693 OCTOBER 2017 Rs. 20

Press Statement: 06th September, 2017 PUCL Statement on the Assassination of Gauri Lankesh (1) PUCL Statement on the Assassination of Gauri Lankesh ARTICLES, REPORTS & DOCUMENTS: People's Union for Civil Liberties, PUCL) strongly condemns the Lessons from Gauri Lankesh's Murder - Shekhar Gupta (2); Every Citizen has an dastardly assassination of Gauri Lankesh, well known journalist and th Equal Right on India whatever be his activist, outside her house in Bengaluru in the evening of 5 September, Religion - Prabhakar Sinha (5); Hindutva Rule 2017 by a 4 member hit squad. PUCL is deeply grieved over the fact that & Anarchy are two sides of the same Coin - Shamsul Islam (6); The Rohingya Crisis and by the shameful killing of Gauri, not just Karnataka, but the entire country, the Indian People: A Note (8); The has lost a fearless and indomitable opponent of divisive and hate filled Rohingyas: Don't they have Any Claim on the majoritarian politics of the Hindutva groups, a fighter for fairness and Mother Earth? - Prabhakar Sinha (9); Silence social justice for all marginalised groups, a rare media professional who Then, Silence Now: Lessons for India- Vishnu Sharma (10); Deporting Rohingya Refugees: saw her professional expertise as not keeping distance from `walking the Why the Centre is wrong, despite claims of talk' in terms of her political and social values and her expressed stand threat to National Security - Ipsita Chakravarty and commitments. (11); Myanmar: Who are the Rohingya? (12); Silencing the Writer - Pushkar Raj (16); A As a crusader for communal harmony, peaceful coexistence and respect Cruel Joke on the Poor of India - Rajindar for diversity, Gauri was active in the Babubudangiri issue opposing the Sachar (17); Biggest Challenge Facing the Hindutva forces seeking to engineer a communal divide between Bullet Train: 825 Hectares of Land (18); Muslims and Hindus. As a fearless critic of communal politics and "Mann Kee Baat" states that "Violence Will Not Be Tolerated"- Gautam Thaker (19). opportunism of ruling political elites dividing the country through majoritarian politics, she showed through personal example that the PRESS STATEMENTS, LETTERS, AND NEWS: current challenges before the country needs to be addressed both in the NAPM Statement on killing of Gauri arena of activist or field politics as also in the domain of knowledge, Lankesh: Demands Time-Bound High-Level thought and ideology. Amongst her last actions was to oppose the Judicial Inquiry (4); IAPL condemns the demonization of the Rohingya Muslims who sought refuge in India from harassment of Kashmiri Lawyers by the NIA (6); Chhattisgarh PUCL: Solidarity with murderous Buddhist mobs in Rakhine province of Myanmar, Burma) Hansda Sowvendra Shekhar (7); Gujarat whom the ruling BJP - Indian government wants to forcible repatriate PUCL: Letter to the President of India now. Equally importantly was her call to all social and political groups who regarding Saurashtra-Narmada Avataran are opposed to majoritarian, fascist politics to sink differences and work Irrigation Yojana (15); On the Recently Announced Bullet Train Project (17); Press together so as to safeguard democracy, secular values and peace. Statement by Justice Sachar (19). The brazen shooting down of Gauri, just outside her house, in public view, follows a pattern similar to the unsolved assassinations of Prof. Annual Subscription: PUCL Bulletin Kalburgi in Karnataka and Govind Pansare and Dr. Dabholkar in (w.e.f. January 01, 2017) INDIA Maharashtra. It appears that the ruling political parties, irrespective of PUCL Members Rs. 200 Non-Members Rs. 240 which party they belong to, do not have the political will to bring the Libraries, Institutions Rs. 300 perpetrators of these cowardly killings to book. OVERSEAS PUCL gives a call to all political parties, particularly to the parties which PUCL Members US$50 are part of the ruling NDA dispensation in the Centre, to declare publicly Non-Members US$100 their unequivocal condemnation of the killing of Gauri Lankesh in Libraries, Institutions US$120 particular, as also their opposition to the politics of killings of all political opponents and dissenters, as being unacceptable in a democratic polity. It is important that political parties do not fan communal hatred, hate politics and intolerance as this irreparably ruptures the social fabric of our country and threatens democracy.

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PUCL BULLETIN, OCTOBER 2017 1 PUCL demands: into coal scam, 2-G scam etc. systematically being fanned by The Government of Karnataka · We wish to point out that only if different political parties and which should immediately form a Special the killers and their sponsors has already claimed numerous Investigation Team, SIT) of select are speedily prosecuted, tried lives. The best way to pay homage police officers of proven integrity to and convicted will ordinary to martyrs like Gauri Lankesh, as investigate into the killing of Gauri citizens continue to retain any also of Prof. Kalburgi, Dr. Narendra Lankesh so that the assassins and sense of confidence in the Dabholkar and Govind Pansare those forces behind them are edifice of rule of law and who were also martyred for their identified and brought to book. criminal justice system. beliefs, is to continue the fight for · That the Government of PUCL calls upon all citizens to secular values, democratic ethics Karnataka should consult the remain vigilant and vocally oppose and respect for social, cultural and High Court of Karnataka and from the very beginning, the politics religious diversity in India. seek a court-monitored of hate, intolerance, caste – and- Mr. Ravi Kiran Jain, National investigation by the SIT similar c o m m u n a l d i v i s i o n s a n d President, PUCL; Dr. V. Suresh, to the court monitored probes majoritarian politics which is National General Secretary, PUCL ❑

Lessons from Gauri Lankesh's Murder Shekhar Gupta There are several things about loaded police-court 'orbit', tilting with the people. It follows that a Gauri Lankesh and her murder -- or with changing regimes. 'hijack' of due process and more aptly, assassination -- that we Witness the orchestrated turn in the incitement to violence through the know for sure. cases of the Samjhauta Express, media -- conventional and social -- · First, she was a powerful Malegaon, Aseemanand, and are also crimes. opinion leader and an intrepid Sadhvi Pragya Thakur. The central Beginning with Mahatma Gandhi, rationalist in the sharp Left- point is a very simple one. It is that India has built an unsavoury record liberal space. people are entitled to hold opinions, in political assassination on · Second, she had the courage campaign for them, and use all account of power rivalries or just to to speak her mind, and was not methods of activism, persuasion, settle scores, Partap Singh Kairon, deterred by threats routinely and protest a democracy offers, as Lalit Narain Mishra, Indira Gandhi, thrown at her. long as they aren't indulging in or and Rajiv Gandhi) and for ideas. In inciting violence. ideologically polarised zones, · Third, as it invariably happens especially West Bengal and Bihar, with those clearly positioned in Similarly, those who disagree can both the Left and Right have killed a sharply polarised debate, only do so peacefully, however to silence the other. those that agreed with her did loudly. Nobody has any right to so passionately. inflict violence on anybody for her I n A n d h r a P r a d e s h , N opinions or beliefs. No civilised Chandrababu Naidu survived a T h o s e w h o d i s a g r e e d society can accept the idea that a Naxal ambush and the late chief complimented this fully from the citizen 'deserves' to die for her minister Y S Rajasekhara Reddy's other side of the fence or v i e w s . J u s t i f y i n g t a k i n g father was killed by political rivals in ideological akhara. somebody's life for her views will a bomb attack on his car. Between As is the norm for a decade now, shift us back from a civilised, 1978 and 1994 in Punjab, tens of some of these critics imputed Constitutional national entity to thousands were killed -- scores of motives to her actions. Some said some awful place we'd rather not them specifically for their ideas. vile, threatening things. The next go. So a good central point to begin Prominent among them were the thing we can say with reasonable with is: Nobody must be harmed for founder of the Hindi-Urdu-Punjabi certainty is that it was a political her views. A decade ago, when publishing powerhouse Punjab assassination. social media just appeared in our Kesri group Lala Jagat Narain, then We are neither social media lives, many us, old-fashioned his son and successor Ramesh Clouseaus nor so politically bigoted types, ridiculed it and dismissed it Chander, and many journalists, as to blame our favoured usual as a passing fad. Not today, when hawkers, and vendors working for suspects and move on. That has the heads of the world's largest them. Jarnail Singh Bhindranwale's risks, especially when, as often democracies enjoy the followings method was simple and effective. happens with political killings, the of tens of millions and use them as He held court at the Golden issue goes into the politically a means of direct communication Temple, and had somebody stand

PUCL BULLETIN, OCTOBER 2017 2 up and accuse a politician or an just get away with murder, and that There is no room for the usual on- intellectual of deceit or blasphemy. seems to be the case with the the-one-hand/on-the-other-hand What should be their punishment, Malegaon and Samjhauta blasts whataboutery. The law should he would ask and leave it there. now. apply equally to hate speech on This was enough justification for And in fairness, even at the risk of social media as on the conventional somebody with a gun to do the rest. finding asymmetric equivalence, an one and incitement to violence He put out a similar 'sanction' on example is that of the infamous must be prosecuted as serious o n e n a t i o n a l l y r e s p e c t e d Pandey friends who hijacked an crime. intellectual because somebody Indian Airlines plane from Lucknow The political class will also have to gave him a loaded translation of his to Delhi in 1978 to protest Indira give up the temptation of employing articles on the Khalistan campaign. Gandhi's arrest by the Janata social media lynch-mobs and the 'How can you target a budhijeevi, government. justification cannot be that the other intellectual) for speaking his mind?' The prosecution case simply side also does so. I asked Bhindranwale, hoping he'll vaporised as Indira Gandhi Their purpose is to shut their critics see reason. 'What would you do, returned to power in 1980. up with abusive shock-and-awe. Shekharji, if somebody called your Those committing political crimes But physical violence can follow in guru a shahi lutera?' thrive on a quick politicisation of its wake. When I re-read, I found the writer their acts, not just saving their neck This lead has to be taken by the had quoted from a widely but also bringing them rewards. prime minister. The argument that acknowledged history of the Sikhs There are simple and sobering following somebody is not an titled Robber Noblemen and lessons to be drawn from Gauri endorsement doesn't wash unless somebody had mischievously Lankesh's killing. the other person is a public figure, transliterated that for him. He was First, the investigations and legal even rival. only waiting to hand out the death process should remain immunised To follow those who abuse in your sentence for blasphemy. It took from politics. name is an endorsement. I also several rounds of explaining and Hasty demands to hand this over to speak with the credentials of calming by many well-meaning the Central Bureau of Investigation somebody routinely abused by all -- people, including moderate Sikh or the National Investigation the Right, Left, and the Aam Aadmi scholars, to make him rethink. It Agency or some such organisation, Party. was scary. caged or not, should be dismissed. And finally, the lesson for us in the Then, as now, it is 'talk' that Ideally, a court should take this media, and those with liberal provides justification for a targeted under its direct supervision. Our claims, is: Freedom of speech and assassination. courts have set enough precedents ideas is common to all, irrespective The eyewitness experience I bring now for doing so. of where we draw the fence. from the past is a man speaking This political assassination is To have any chance of winning in from the highest spiritual and significant enough for such an angrily polarised times, our temporal seat of his faith. That intervention. defence of these freedoms has to pulpit today is social media and you Or else it will be trapped between be unqualified and unequivocal, not don't have to be a sadhu, a baba, a commando-comic channels and selective. sant, or a maulana to be able to use inspired social media handles Liberalism means engaging with it. Once you set up a tweet-storm of creating mythologies fronted by her the 'other', listening to them, not vilification, labelling individuals obviously estranged brother, or a dismissing them as stupid or a n t i - n a t i o n a l s , t r a i t o r s , Karnataka chief minister exploiting amoral. blasphemous, and foreign agents, the death by offering a ridiculous Then, we might have a chance of y o u a r e c r e a t i n g e n o u g h colonial symbolism that Gauri bringing the current discourse back justification for somebody with a Lankesh might have resented and from violence and abuse into the gun to kill, or for a mob to lynch. ridiculed -- a 21-gun salute. bounds of civility. Once an individual, or a group, is Siddaramaiah has to answer why http://www.rediff.com/news/column/les armed with the moral justification to his Congress government is unable sons-from-gauri-lankeshs-murder/ take someone's life, a gun will be to protect Karnataka's rationalists 20170921.htm?pos=1&src=NL201709 found. The people will also be or catch their killers. 22_nn&trackid=PfNr+FRVVzQzIQ/5A GVf/xQxXgwb/3jGXA4J4tpPQa8=&isn hoping that afterwards politics The next lesson is that in her death, would take over and send the legal lp=0&isnlsp=1 @ 23.9.2017 Lankesh may have closed the Courtesy: Business Standard ❑ process into a spin. debate on the need for responsible Rivals will then fight over the use of social media. politics of the crime and you might

PUCL BULLETIN, OCTOBER 2017 3 NAPM Statement on killing of Gauri Lankesh, 06th September, 2017 NAPM strongly condemns the Targeted Political Assassination of Senior Journalist, Editor and Activist Gauri Lankesh Demands Time-Bound High-Level Judicial Inquiry into the Crime and Conspiracy

New Delhi | September 06, 2017: Rohingyas by Indian Govt. speaks system ... makes my critics brand National Alliance of People's of her concern and compassion for me as a Hindu hater. But I consider Movements is deeply shocked and the oppressed humanity. We it my constitutional duty to continue shattered at the cowardly and cold- salute the conviction and – in my own little way – the struggle blooded murder of well-known courageous life of Gauri and of Basavanna and [social reformer] journalist, editor and fearless commit to joins hands with all Dr [Bhimrao Ramji] Ambedkar firebrand activist, Gauri Lankesh progressive forces across the towards establishing an egalitarian who, time and again, locked horns country to bring justice to her, society." There is ample evidence, with divisive, communal and her values and intensify our therefore, suggesting that this is a casteist forces, in particular the struggle against the silencing of political assassination since right-wing Hindutva brigade. We democratic and dissenting Gauri's views have not found have enough reason to believe that voices. favour with the Hindutva hardliners her political assassination is a The spate of killings, threats, ban and goondas ! direct consequence of her publicly on food and personal choices, NAPM unequivocally condemns expressed progressive positions as books, movies, artistic works and the heinous gunning down of Gauri well as the lack of conviction of the fast spreading atmosphere of Lankesh and deeply mourns the murderers responsible for the hatred against rational, scientific irreplaceable loss of an outspoken calculated political killings of M M and constitutional temper with tacit Human Rights Activist and a voice Kalburgi, Govind Pansare and support from popular governments of conscience, communal harmony Narendra Dabholkar, even after to keep their vote banks intact is and sanity. We demand the months and years! It is precisely shameful in a modern democracy. following: this tacit and active support by the We are constantly being pushed in · Govt. of Karnataka must current regime in India that is the dark ages, where rational and immediately institute an further emboldening the right wing critical thinking is being silenced, independent, high level and Hindutva forces to commit more mythologies are being promoted as time bound judicial inquiry, with brazen crimes, against progressive science and scientific knowledge a Special Investigation Team to and people's voices. and temperament is derided. It is nab all those guilty of Gauri was widely known and loved with this tendency to wipe out a committing and conspiring this across Karnataka and the country secular and socialist outlook in the grave crime. The unlawful and for her relentless writings, talks and country that text books are being terror-infusing role of groups campaigns in solidarity with the 're-written' and new dominant such as the Hindu Jagarana oppressed – be it dalits, adivasis, Hindutva narrative is being Vedike, VHP, Bajarang dal, women, students, minorities etc. As promoted all in the name of cultural Srirama Sene, Sanathana one of the fiercest contemporary and national pride. Samsthe and all other affiliates critics of divisive politics, she It is nothing but an absolute failure of RSS must also be inquired worked hard to counter the growth of Indian Government that i n t o b y t h i s J u d i c i a l of Hindutva politics that created an rationalists and human rights Commission and strictest a t m o s p h e r e o f f e a r a n d defenders are being murdered, one action must be taken, as per intolerance. Alongside, she also after the other, by fascist forces with law. continued to write on and engage complete impunity. As reported by · Taking cognizance of the w i t h v a r i o u s s o c i a l a n d the Committee to Protect common pattern in the murders developmental issues and Journalists, CPJ), at least 27 Indian of Dhabolkar, Pansare, constantly raised her voice against Journalists were murdered due to Kalaburagi and Gauri Lankesh injustices. She extended and their fearless independent writings and assassinations carried out expanded by many bounds the between 1992 and July 2016, but by a organised terror group/s legacy of her father P. Lankesh, an the state governments failed to which evidently holds an eminent journalist and a well known secure a conviction in even one of ideology opposed to secular, writer and literary critique. them ! This is a compete shame for democratic and constitutional Gauri openly and publicly India where journalists, rationalists, forces, Govt. of India must questioned and challenged fearless and critical voices are c o n s t i t u t e a J o i n t politicians, bureaucrats, judiciary, important for a positive and Parliamentary Committee to chauvinists and stood by the progressive change in society. In take stock of such groups and oppressed. Her last post on social her own words, Gauri Lankesh said their political benefactors, media on the inhuman denial of "Along with that, my criticism of responsible for such actions r e f u g e t o t h e p e r s e c u t e d Hindutva politics and the caste

PUCL BULLETIN, OCTOBER 2017 4 and serious erosion of Narendra Dabholkar must also defence of rights, freedom and the c o n s t i t u t i o n a l v a l u e s , be identified and convicted at constitutional values which are freedoms, rights and spaces the earliest. under attack today from right wing and recommend action against Even as were are aroused by the fascist forces in a consistent all those conspiring to tear the outpour of outrage across the manner. We hope all like-minded secular fabric of India as well as country, we call upon media persons and groups would to keep assassinate voice of reason fraternity, people's organizations the spirit of Gauri Lankesh alive by and constitutional justice. and all progressive and concerned questioning injustices even when it · The murderers of M M citizens to stand up and fight this is committed by the powerful Kalburgi, Govind Pansare and cowardly act and rise up to the people in power. ❑

Every Citizen has An Equal Right on India whatever be His Religion Prabhakar Sinha

"All Muslims in this country are Neither the conversion of their more genes with one another than either invaders or forcefully forefathers nor some of them being a Maharashtrian or Gujarati Hindu converted Hindustani; they have indistinguishable descendants of with a Hindu from Kerala or Tamil been living at our mercy, they the 'invaders 'deprives them of Nadu. The claim that the Hindus should live peacefully, but in vain, I being full-fledged citizens of the and Muslims of India do not have think understanding is not in their country. Religion of a person the same and equal claim on India blood & restlessness is the reason cannot be a legitimate ground for is as unjust and objectionable as for it. I pray Allah to grant them denying citizenship to its people by the claim that the Brahmins and the serenity. You study the old map of a country. other upper castes are superior to India & you will know that Kashmir Mahatma Gandhi's thinking on the the so called lower castes and the was there when Islam was not s u b j e c t w a s m o r a l l y a n d depressed classes. born." constitutionally sound. He wrote in Genetically, Indians are very I came across this comment on a the Harijan of August 9 ,1942 different. Most Hindus and Muslims post on facebook. It reveals the "Hindustan belongs to all those have nothing common with the dark thinking of those who claim that the who are born and bred here and skinned Adivasis living in Bihar, Muslims of India have no right on who have no other country to look West Bengal, Chhattisgarh, Odisha this country and are being tolerated to. Therefore, it belongs to Parsis... , A.P., Maharashtra and M.P here due to the mercy of the to Indian Christians, Muslims, and .though genetically the Hindus and Hindus. It denies them the right of other non-Hindus as much as to Muslims are very similar .The same being a full-fledged citizen of India Hindus." is true of the Indians living in because the Muslims are ' either All civilized countries of the world Arunachal Pradesh, Nagaland , invaders or forcefully converted grant citizenship to their permanent Manipur, Mizoram and Meghalaya. Hindustani. 'None of the Muslims citizens and their children. Most They are genetically related to the today is either an 'invader 'or even grant citizenship to the Burmese, Tibetans and the 'forcefully 'converted to Islam. A few children of even foreigners born on C h i n e s e a n d n o t t o t h e might have the unrecognisable their soil .They also grant Maharashtrians or Gujaratis. blood of the invaders running in citizenship to foreigners who fulfil The claim that the Muslims and their veins and the rest are the certain conditions. Millions of Christians have less right on India descendants of the Hindus Indians have become citizens of as their motherland is as obnoxious converted as Muslims. But how different countries. Many of them as the claim that Sawarnas were does being a possible descendant hold important political posts in the superior to the rest in caste of the invaders who came here U.S. and U.K. No civilized country hierarchy, and that some of the centuries ago and made India their denies citizenship to its permanent Indians were untouchable. Despite home make them an outsider, a non inhabitants on the basis of their its inhumanity, the poisonous idea -Indian? And how does being the religion nor relegates them to the prevailed for centuries and is not descendants of the Hindus who status of second class citizens. yet dead despite vigorous and were forcibly converted to Islam The Hindus and Muslims of India d e t e r m i n e d o p p o s i t i o n . A deprive them of their right on India? living in the same area have a d e t e r m i n e d a n d v i g o r o u s The fact that their ancestors were common blood. A DNA test would opposition to the hate campaign forcibly converted to Islam makes show that they are genetically a g a i n s t t h e m i n o r i t i e s i s t h e m d e s e r v i n g o f m o r e related. A Hindu and Muslim of desperately needed if India is not to understanding and sympathy. Maharashtra or Gujarat will share be pushed to a civil war. ❑

PUCL BULLETIN, OCTOBER 2017 5 Hindutva Rule & Anarchy are two sides of the same Coin (From Demolition of Ayodhya Mosque In 1992 To Haryana Violence 2017) Shamsul Islam Is it coincidence that wherever we were destroyed. And the police not intervened, the sponsored have BJP governments mobs stood by and did nothing." mobs would have lynched the CBI rule/destroy unhindered? In February 2016, the violence judge and razed the CBI court In December 1992 despite allowed to spill over in Haryana was building. restrictions imposed by The another example of this trait of BJP The media became a special target Supreme Court and UP BJP governance. Haryana turned into a of the mob violence, such large governments undertakings to war zone as caste wars were scale violence against media Supreme Court and Government of allowed free reign. The mobs were happened after demolition of India that peace would be allowed to burn public property and mosque at Ayodhya on December maintained in Ayodhya during 'kar Haryana simmered --held to 6, 1992 too) in which large number seva', thousands were allowed to ransom by the rule of the mob- for of correspondents were maimed gather at Ayodhya and India 11-12 days. The Army had to be and press vehicles destroyed. witnessed demolition of a 400 called which fired on its own RSS/BJP rulers want anarchy to hundred year old mosque. This people, 30 people were killed in the prevail so nobody questions them criminal act, even as 3,000 violence, property worth of about poverty, unemployment, paramilitary forces looked mutely thousands of crores of rupees was price-rise and violence. They on, deeply fractured Indian society, looted/burnt and innocent Indian believe that by creating anarchy the causing a schism even the worst women were violated. can establish Hindutva State. In enemies of India could not It has happened again in Haryana. fact RSS/BJP rulers should also be accomplish. The supporters of one Baba Ram charged for abatement of violence In Gujarat in 2002, a similar, sinister Rahim when found guilty of raping and destruction of public property. pattern was repeated. Mobs led by two sadhvis by the CBI court, went It is intriguing that brand Hindutva criminal organizations on a bloody rampage. The Baba - ambassador of Haryana another were allowed free rein. The result? RSS/BJP friendly government Naba, Ramdev was missing when A genocidal carnage of Muslims. despite restrictions on gatherings Haryana burnt in February 2016, What happened in Gujarat in 2002 allowed lakhs of the Baba's and is missing now also. He should was editorially commented by a supporters at Panchkula and what have been around with his Yoga leading English daily, Hindustan the nation witnessed thereafter is gimmicks for establishing peace in Times, March 21, 2002) in the shocking. Railway stations, the region. following words: government offices, bus stands, https://www.academia.edu/34358490/ "Daughters were gang raped in public/private vehicles and HINDUTVA_RULE_and_ANARCHY_ front of their fathers and then infrastructure were burnt/ looted ARE_TWO_SIDES_OF_THE_SAME_ their heads bashed in. Their not only in Haryana but also COIN fathers were doused with petrol adjacent Punjab. It was clear that if *Shamsul Islam, National Council and set on fire. Their property Punjab & Haryana High Court had Member, PUCL Delhi ❑ was looted. Their businesses IAPL condemns the harassment of Kashmiri Lawyers by the National Investigation Agency and Extends Solidarity to their Legitimate Struggle 9th September 2017 The NIA has claimed that they are twelve raids conducted by the NIA Lawyers across Kashmir boycotted probing into whether the funding of in Srinagar, Baramulla, and court work for four consecutive separatists from terrorist outfits Handwara. Advocate Resh is a days from 4th to 7th September 2017 was being used to fuel violence in member of the Bar and also against the summoning of the t h e v a l l e y, F I R N o . R C - represents the pro-freedom President of High Court Bar 10/2017/NIA/DIL) and has hence Hurriyat Conference led by Syed Ali Association, JKHCBA), Advocate issued summons to Advocate Mian Geelani. Meanwhile, Doda based Mian Qayoom by NIA, National Qayoom. However since the past lawyer, Babur-ul-Islam Nehru Investigation Agency). The lawyers few months on this pretext, the NIA remains in custody since 22 July at Srinagar court complex as well has been targeting lawyers in the 2017. as the High Court had also staged valley. In July, the houses of As reasons for going on strike, the protests under the banner of Advocate Devinder Singh Behl HCBA in its letter to the CJI, has JKHCBA. They were even from Jammu was raided. On mentioned its apprehensions and supported by all the District and August 16th, the residence of suspicions, stating that though Mufassil Bar Associations of Advocate Mohammed Shafi Resh M i a n Q a y o o m h a s b e e n Kashmir. was raided in Baghat, as part of summoned as a witness, they have

PUCL BULLETIN, OCTOBER 2017 6 reason to believe that there is more interests of issues concerning the the High Court Bar Association than what meets the eye. The p e o p l e o f K a s h m i r, m o r e President, Mian Qayoom as an act notice had been issued under particularly the one relating to the to suppress, harass and demonise Section 160 Cr.P.C., Proviso "misuse" of the provisions of NIA the Kashmiri lawyers in general and wherein it requires NIA to record the Act by NIA authorities in a Bar Association in particular. It is statement of a witness at his place "terrorising, arresting, humiliating also an attempt by the NIA to of residence if he/she is less than and harassing" the pro-freedom browbeat the parties in the litigation 15 or more than 65 years of age. leadership and their activists. The process by attacking lawyers who Qayoom is more than 65 years of HCBA had also taken a stand have been staunch defenders of age. before the Supreme Court with Article 35A of the Constitution of However, this particular targeting of regard to the use of pellets in India and the rights of Kashmiri lawyers like Mohammed Shafi Kashmir and is also defending people. IAPL demands, that the Resh and the President of the Article 35-A of the Constitution of NIA immediately stop all raids, JKHCBA has to be viewed in the India in a petition filed by an NGO s u m m o n s a n d c r i m i n a l background of the recent decisions Court calling for it to be struck proceedings directed against of the HCBA. On July 28th, the down. It is hence imperative that Kashmiri lawyers in connection HCBA had constituted a "high the recent summons issued by the with FIR No. RC-10/2017/NIA/DIL. powered" legal team to examine NIA/Central Government on the IAPL also extends its solidarity to the constitutional validity of NIA Act, head of the HCBA be viewed as an the legitimate struggle of the 2008 and its application to the State act of vindictiveness to suppress Kashmiri lawyers protesting of J&K and suggest ways and and harass anyone, in this case a against the unwarranted and means for providing necessary Lawyer's Association) who dare unconstitutional authority of Delhi. legal aid to all those who have been challenge the authority of Delhi. Signed by Advocate Surendra Gadling, b o o k e d i n F I R N o . R C - The Indian Association of People's General Secretary, Indian Association 10/2017/NIA/DIL by NIA, taken to Lawyers, IAPL) strongly condemns of People's Lawyers, IAPL) Delhi after arrest and remanded to the illegal and unwarranted raid on Sent by Sudha Bhardwaj as per link https://mail.google.com/mail/u/0/?tab= police custody. This was decided the residence of advocate Resh wm#inbox/15e67a4542a90052 ❑ by the Bar Association in the and views the summons issued to

Chhattisgarh PUCL: Solidarity with Hansda Sowvendra Shekhar We are bewildered and dismayed would have to be banned, not to being banned on flimsy grounds in to learn about the recent banning of speak of the Kamasutra. Those India. This ban mania, also Hansda Sowvendra Shekhar's who think of sex as indecent are targeted at films, events, collection of short stories, The free to read something else. statements, tweets, foods, Adivasi Will Not Dance, by the It has been argued that some relationships and what not) is an Government of Jharkhand. This stories in the book are "derogatory ominous attack on freedom, ban is absurd and sets a dangerous to Santhal women", in particular a democracy and rationality. precedent. story where a Santhal woman Signatories: Aashish Xaxa, Research Freedom of expression is a consents to casual sex with a Scholar; Abhay Xaxa, Research Scholar; Agnes Murmu, Retired Teacher; Ajitha fundamental right under Article 19 policeman in exchange for money. George, Researcher; Akash Poyam, of the Indian Constitution. The Even if it were true that this story is R e s e a r c h S c h o l a r ; A l p a S h a h , same article, admittedly, allows the derogatory, that would not Anthropologist; Anjor Bhaskar Research state to make laws that impose constitute a permissible ground for Scholar; Ankita Aggarwal, Independent Researcher; Anpa Marndi, Assistant "reasonable restrictions" on this banning the book under Article 19. Professor; Anumeha Yadav, Journalist; fundamental right, but only based Further, the view that the story is Arundhati Roy, Writer; Ashish Birulee, on specific grounds, such as derogatory overlooks the fact that it Photo-Journalist; Ashish Gupta, Research national security or public order), is a work of imagination. The Scholar; Balram, Right to Food Campaign, Jharkhand; Bani Hembrom, Doctor; Bela none of which apply in this case. imaginary incident described in the Bhatia, Researcher & Writer; Chayanika Superficially, it may appear that one story does not cast any aspersions Murmu, MBBS Student; Binod Murmu of these pre-specified grounds, whatsoever on Santhal women. It is Concerned Citizen; Dheeraj Kumar, Right "the interests of decency", could be just possible that the story is to Food Campaign, Jharkhand; Dula Besra, Concerned Citizen; Dulal Kisku Concerned invoked to justify the ban. The book inspired by some real-life event, but Citizen; Ghasiram Soren, Literary Activist; does include some sexually explicit if that is so, it makes the story all the Gladson Dungdung, Human Rights scenes, but calling them "indecent" more legitimate. Activist; Gouri Chatterjee, Journalist; would be extreme prudishness. If The ban on The Adivasi Will Not Gunjal Munda, Concerned Citizen; Harivansh, Member, Rajya Sabha; Harsh books that include love-making Dance is not only deplorable in Mander, Activist and Writer; Ipil Alma scenes were to be banned, itself but also adds to a series of Kisku, Concerned Citizen; Jean Drèze, hundreds of thousands of novels dangerous precedents of books D e v e l o p m e n t E c o n o m i s t ; J u d i t h

PUCL BULLETIN, OCTOBER 2017 7 Hembrom, Social Worker; Kalipda Tudu, Citizen; Philip Peacock, Theologian; Citizen; Sovan Hazra, Concerned Citizen; Concerned Citizen; Kanika Sharma, Praveer Peter, Social Activist; Prem Sripati Tudu, Concerned Citizen; Stan Research Scholar; Kanuram Tudu, Verma, Convenor, Jharkhand Nagrik Swamy, Bagaicha; Sudha Bharadwaj, Teacher; Karamchand Hembrom, Prayas; Priyanka Priyadarshini Marandi, Lawyer; Sujit Kumar Soren, Academician; Concerned Citizen; Kavita Krishnan, Research Scholar; Priyanka Purty, Susil Mandi, Concerned Citizen; Thalko Political Activist; Kavita Srivastava, Human Student; Priyanka Sandilya, Research Majhi, Concerned Citizen; Vijay Kekan, Rights Activist; Khagen Hembram, Scholar; Reetika Khera, Economist; Concerned Citizen; Virendra Majhi, Concerned citizen; Kritika Pandey, Writer; Remalia Hembrom, Social Worker; Rimil Concerned Citizen; Virginius Xaxa, Kumar Rana, Researcher; Lipika Singh Hembrom, Research Scholar; Ruby Sociologist; Vivek Sidam, Research Darai, Filmmaker; Mangal Mandi, Senior Hembrom, Publisher; Sanjay Bosu, Scholar; Xavier Dias, Former Editor; Management; Maroona Murmu, Historian; Human Rights Activist and Writer; Santosh Wilfred Topno, President, Adivasi Sahitya Mast Ram Soren, Concerned Citizen; Kiro, Journalist; Savya Sachin Bankira, Sabha, Assam; Wilson Hansda, Meenakshi Munda, Anthropologist; Student; Seral Murmu, Filmmaker; Concerned Citizen; Zoba Hansdah, Meghnath, Filmmaker; Miltee Horo, Shankar Mardi, Concerned Citizen; Research Scholar. Research Scholar; Nandini Sundar, Shivprasad Singh, Bagaicha; Shyam C. Sent by Sudha Bhardwaj, Gen. Sociologist; Nayan Soren, Research Tudu, Concerned Citizen; Shyamsunder S e c r e t a r y , C G P U C L - Scholar; Neel Mukherjee, writer; Nilay Hansda, Concerned Citizen; Sibdas https://mail.google.com/mail/u/0/?tab= Kumar Murmu, Concerned Citizen; Niraj Baskey, Assistant Professor; Siraj Dutta, ❑ Lakra, Concerned Citizen; Nora Samad, Concerned Citizen; Sneha Mundari, wm#inbox/15e2cd8c3f67c0f5 Social Worker; Peter Martin, Concerned filmmaker; Sokhen Tudu, Concerned

'Torture in India', some links compiled on the occasion of the 3rd UPR Review, September, 2017 • Jayshree's oped in Asia Age: http://www.asianage.com/discourse/200817/getting-away-with-torture-in- india.html. • Another report by HRW on torture that can be shared with the materials: https://www.hrw.org/report/2016/12/19/bound-brotherhood/indias-failure-end-killings-police-custody. • Link to an interactive quiz on police duties on when they arrest someone to ensure no one is tortured in custody https://www.hrw.org/video-photos/interactive/2016/12/19/quiz-police-custody-india. • Buzzfeed Link for the quiz:https://www.buzzfeed.com/andreborges/how-well-do-you-know-your-rights- if-you-get-arrested?utm_term=.eqEJqMovl#.ucqJqgpyP #EndTorture #UPR3India Courtesy: Maja Daruwala and Henry Tiphagne, National Co Convenors, Working Group on Human Rights in India and the UN, WGHR)

The Rohingya Crisis and the Indian People: A Note

September, 2017 showcased the convicted to 2 consecutive life disowned the Rohingyas as extremely perilous human rights sentences for raping 2 women belonging to Myanmar making situation prevailing in India devotees of his. Even as these them stateless people. Overnight a currently under the present BJP-led issues shocked the conscience of vicious campaign was launched by dispensation in the Central the human rights community came RSS-BJP cadres in the different Government. On one hand was the the announcement that the states where Rohingya muslim s h o c k i n g c o l d b l o o d e d Government of India was going to refugees have been housed, living assassination of Gauri Lankesh in deport Rohingya refugees who had in precarious conditions in West Bengaluru which in a gruesome sought refuge in India, fleeing Bengal, Delhi, Rajasthan, Tamil manner highlighted the fate which murderous mobs of right wing, Nadu, Jammu etc. Systematically a awaits those who question the Buddhist fundamentalist forces in public campaign was launched majoritarian, right-wing, ruling Myanmar, Burma) who had killed depicting the Rohingyas as threats dispensation and their politics; on and maimed thousands of and demanding their forcible the other was the very delicate, Rohingya muslims in Rakhine repatriation to Myanmar. A case is kids-glove manner with which the province of Myanmar bordering currently pending before the ruling BJP led government in Bangladesh and close to India too. Supreme Court. Haryana treated the lawlessness of The Union Home Ministry declared The seriousness of the mass the Ram Rahim bhakts who the Rohingyas to be a threat to the killings of Rohingyas can be indulged in widespread violence national security of India and gauged by the statement of the UN when their religious head, Baba characterised them as being violent Secretary General, Antonio Ram Rahim was convicted and and indulging in terrorist activists Guterres, who called the mass sentenced. The BJP scarcely tried who should be sent back to their killings of Rohingyas as "ethnic to hide their closeness to the country. It did not matter that the cleansing". Members of the UN disgraced Baba who has been M y a n m a r e s e g o v e r n m e n t Security Council "called for

PUCL BULLETIN, OCTOBER 2017 8 immediate steps to end the It has been PUCL's consistent and security. We call upon the violence in Rakhine, de-escalate stand that India should honour the Government of India to change its the situation, re-establish law and principle of `Non-Refoulement' or hardline stance of wanting to order, ensure the protection of not sending back people to their forcibly repatriate the Rohingyas civilians, restore normal socio- country where they face possible and instead to respond with a spirit economic conditions and resolve life threat and refrain from forcible of humanism, compassion and the refugee problem". It's a matter sending back refugees like the caring, hallmarks of India's of regret that the Government of Rohingyas. India has a long history timeless heritage of human India, has broken a long tradition of of providing humanitarian refuge to civilisation. We also call upon the humanitarian support and is people persecuted in their people of India to demand that our instead toeing a line supporting the countries and shown that as the government honour the spirit of Myanmarese government which is land of Buddha and Gandhi, we can Buddha and Gandhi, and to permit willy nilly justifying the brutal accommodate persecuted people the Rohingyas to live in India with a treatment of Rohingyas. and offer them sanctuary, safety sense of security and dignity. ❑

The Rohingyas: Don't they have Any Claim on the Mother Earth? Prabhakar Sinha Rohingyas are said to be stateless legally when Burma was part of belong to if not to all the creatures people, which means they have no British India. In fact, many of them inhabiting it? It belongs to all human country of their own on this planet. occupied important positions in the beings and not only to the creatures They are unwanted and persecuted legislature of that country. They of politics called 'citizens.' by the countries which they have to were made stateless when under Humanity owes it to Mother Earth to inhabit. They rank worse than birds the Burmese law of 1982, the treat all her children alike whether and beasts and are treated as such. Rohingyas migrants who settled they have a state or are stateless. There are laws in the so called there after 1923, were denied full To persecute the stateless persons civilized countries against cruelty to citizenship. They are not stateless is nothing but the modern form of animals and against killing animals owing to their own or anyone elses' inhuman tribalism. Either all States and birds. There are creatures s lawless acts but because what should treat the stateless persons declared 'protected ' in many was lawful was made unlawful with humanely and with respect or the countries. The people cannot kill the change of the regime later. world community must create a these animals, even if the animals They are denied freedom of 'State for the Stateless Persons kill them or destroy their source of movement , state education and inhabiting the planet earth. USA is a livelihood like their crops. In our civil service jobs. They moved to country of migrants. Australia is no country, lawlessness is the law of Burma, which was part of India, but more a country of the natives and is the land to protect Gau Mata, the became victims of the military rule a State of migrants. Israel was cow). You can kill anyone with in that country. The helpless people created for the Jews, who had no virtual impunity in the name of have suffered military crackdown in State of their own and were protecting the cow. Most of the so 1978, 1991-1992, 2012, 2015 and persecuted almost everywhere called civilized countries have 'wild 2016-2017. Those who are in India, Israel is the result of the guilty life sanctuaries' to provide a habitat too, are not welcome. They are just conscience of the victors of the for animals and provide them with tolerated. In fact, now there is some World War II for the holocaust and suitable environment for survival move to get rid of them. Myanmar the worse done to the Jews. If the and procreation. Don't the has been treating them as alien States cannot treat the Stateless of Rohingyas deserve as much or as enemies and has been accused of the world humanely, the world little as even the birds and beasts? from ethnic cleansing to genocide community must create a State for Rohingyas are stateless people of due the repeated crack down by the the Stateless people of the world to Indo Aryan stock. Living mainly in State as well as the country's give them their due as the children Rakhine state of Myanmar, India citizens. The U.N. recognises them of the Mother Earth. and Bangladesh. Their number in as the 'most persecuted people' Note: The reference to Israel Myanmar is about a million. About today. But they need rescue from should not be taken as the another million are refugees and persecution and a respectable justification for its creation or its migrants . The majority are Muslim settlement not pious toothless subsequent, conduct , but only to but a small minority is Hindu. Their declarations .Solid action to save make the point that if the States language bears similarity to Bangla them is not only the desperate need cannot treat the stateless people as spoken in Chittagong region of of the helpless Rohingyas but of with due respect , the Stateless Bangladesh .They moved to humanity itself people should be given a State of Burma, the present Myanmar ) And who does the planet earth their own. ❑

PUCL BULLETIN, OCTOBER 2017 9 Courtesy: The Wire on 18/09/2017 Silence Then, Silence Now: Lessons for India from Its Response to 1990s Bhutanese Refugee Crisis Vishnu Sharma* If a nation's resilience is tested by doesn't share its border with Nepal Sri Lanka is busy ratifying the its response to the crisis in its and when these refugees reached Rajapaksa era treatise with China. surroundings, then India isn't the the Indian border, India 'arranged' It's time India gets into a course super power it tries to project itself trucks to see them off to Nepal. correction mode. The Rohingya as. A superpower must have Since then, these refugees have crisis is a great opportunity for India enough will to, as Uncle Ben b e e n l i v i n g i n t e m p o r a r y to set its house in order. By taking a suggested to Spiderman, take settlements in south-eastern stand similar, if not stronger, to the "great responsibility," and should Nepal. In 2006, the process of the UN Security Council, India can put not just assemble state-of-the-art third country resettlement the clock back to the right time. artilleries to flex in its Republic Day began, and by 2015, just about I n s t e a d o f d e f e n d i n g t h e parades. 20,000 refugees were left in the indefensible, as it did in its India's typical response to the camps. What is so unsettling about response to observations on Rohingya crisis shows that it still the whole crisis is that even when Myanmar made by the UNHCR at has to build a moral compass to t h e U n i t e d N a t i o n s H i g h the 36th session of the United navigate its foreign policy and its Commissioner for Refugees, Nations Human Rights Council, it foreign policy has hardly changed UNHCR) and countries like the US, should make it clear that as a since the 1990s, even superficially, Australia, Canada, Denmark, the democratic country, India stands in the manner in which it deals with Netherlands, New Zealand and for the equal rights of minorities urgent humanitarian crises in its Norway took reasonable interest in across the world and deplores any neighbourhood and beyond. Like the crisis and its aftermath, India breach of such values. now, India, in the 1990s, had failed remained aloof. There were several India should come out of its policy to defend the rights of the rounds of talk between Nepal and bottleneck where every act of its Bhutanese people of Nepalese Bhutan but India preferred to look generosity is for immediate self- origin when they were chased out the other way. Had India intervened aggrandisement rather than long- by the royal government. It even immediately, the crisis would have term gain. It should ponder over the gave tacit support to the Bhutanese long resolved. If it had refused to question again and again that if it royalty by ignoring several appeals carry the refugees to Nepal, things fails to stand with the Rohingya by human right groups and would have been very different today, will it be able to claim activists. The Bhutanese refugee today. tomorrow that it is rightfully with the crisis wasn't an out of the blue thing It couldn't take a stand because the people of Balochistan or Tibet? but a build-up of a series of events Indian establishment was briefed ''Operation Insaniyat will have no s i n c e 1 9 8 8 w h e n B h u t a n by its security apparatus, which insaniyat if it only means to provide conducted its southern population ironically guides most of its foreign 'rice, pulses, sugar, salt, cooking census targeting its Nepalese policy decisions, that getting oil, tea, ready to eat noodles, population. With the census, involved in the 'internal' matter of a biscuits, mosquito nets' to the poor Bhutan re-classified several sovereign country could be Rohingya and doesn't act to ensure thousands of its citizens as illegal counterproductive and China could the rights of these people. When migrants. find an opening into territory of the crisis ends – and it surely will Going further, it introduced several India's influence. This 'trespassing' one day – and Bangladesh looks repressive measures including its has been India's biggest fear ever back, it should not find, as Nepal did 'One Nation, One People', or since 1962 and as a result, India's two decades ago, that India had left Driglam policy, wherein the regional policy mostly looks like a her to face the crisis alone. If that Nepalese population were forced to deformed child with multiple happens, India will no longer be wear the northern traditional dress useless limbs. What we see now is able to enjoy the position it does in and adopt the culture of majority. It an India that isn't either morally South Asia. removed the Nepali language from above China in its treatment to *Vishnu Sharma is a journalist based the curriculum of schools. minority groups or has anymore in New Delhi. He has written on India- Bhutanese's refugee activist Tek influence over its neighbours than Nepal relationship and other issues related with democratic transition in Nath Rijhal's Torture Killing Me China. Bhutan is fast drifting Softly is a gruelling account of the Nepal. towards China, which resulted in C o u r t e s y : T h e W i r e , U R L : period of his suffering in Bhutan's the Doklam standoff and Myanmar https://thewire.in/178726/india-nepal- prison for raising concerns over the is happy playing the China card. refugee-rohingya-bhutan-crisis/ ❑ plight of these Nepalese. Similarly, most Nepalese in Nepal It must be noted that Bhutan see China as their real friend and

PUCL BULLETIN, OCTOBER 2017 10 Courtesy: The Scroll, 19.9.2017 Deporting Rohingya Refugees: Why the Centre is wrong, despite claims of threat to National Security Ipsita Chakravarty

The central government has affidavit contends, does not cover populations being swamped by an submitted to the Supreme Court its non-refoulement. "influx" of "illegal migrants", leading reply challenging the deportation of It is for the courts to decide whether to "demographic change" and a Rohingya refugees. The 16-page the principle applies in the case of strain on limited resources. For affidavit prepared by the home Rohingya refugees. But legal communities in the North East, ministry argues that this is a matter experts have argued that it flows marginalised by the national for the executive and not the courts from international customary law, mainstream and worried about since it has nothing to do with the not just the 1951 convention. survival, to have such fears may be Constitutional rights of Indian Second, Article 51 of the Indian understandable. But it is alarming citizens. Rohingya refugees Constitution, which talks about when the central government, constitute a national security threat, India's responsibilities to promote which is meant to mediate between it continues, best dealt with by the "international peace and security", different interests and groups, Centre, which is empowered by urges the state to "strengthen the echoes them. existing laws to expel any international law and the treaties". In Delhi, such language has also foreigners it chose to. Third, even if the Constitution does acquired communal undertones. Both contentions leave gaps. They not explicitly recognise the principle Throughout the affidavit, the also throw disturbing light on a of non-refoulement, it has been government refers to all Rohingya government preoccupied with read into Indian laws and practices refugees as "illegal migrants" and narrowly defined "national interest" through judicial innovations. The reserves for itself the right to expel rather than fundamental rights and Gujarat High Court recognised them under laws such as the which singles out particular non-refoulement under Article 21, Foreigner's Act of 1946 and the communities for empathy or for instance, in Ktaer Abbas Habib Registration of Foreigners Act, punishment. al Qutaifi, 1998. 1939. Since India lacks a law on Rights of Non-Citizens in India The right to non-refoulement is refugees, all foreigners entering the The Centre's argument that this limited by concerns of national country without valid travel case lies outside the purview of the security, even under the 1951 documents are considered illegal courts fails to convince. Several convention. In this case, however, migrants. Constitutionally guaranteed there is little evidence in the public Yet, legislation like the Citizenship, fundamental rights extend to non- domain to show that the 40,000 Amendment) Bill, 2016 suggests citizens within India's borders. Rohingya refugees in India some migrants are less illegal than These include equality before law constitute a terror threat. others. The bill, which potentially and access to justice under Article In the affidavit, the Centre claims violates the right to equality under 14, and right to life and liberty under that the Rohingya "figures in the Article 14, makes it easier for non- Article 21. sinister designs of ISI/ISIS and Muslim illegal migrants from The government also claims that it other extremist groups" bent on neighbouring countries to get is not bound by international laws fomenting trouble in India, but says c i t i z e n s h i p . T h e r a t i o n a l e like the principle of non- it cannot produce evidence for this articulated by government was that refoulement, since it is not a for security reasons. Even if the they belonged to minorities who signatory to the United Nations government has valid concerns had fled religious persecution. This 1951 Refugee Convention and has about security, branding an entire is a perfectly accurate description not ratified conventions against community a terror threat reeks of of the Rohingya, stripped of t o r t u r e a n d e n f o r c e d profiling on the basis of religion and citizenship in Myanmar, marked as disappearance. This principle ethnicity. outsiders by a rabid religious states that no country can expel or Refugee there, illegal migrant nationalism, and now facing return a refugee to the "frontiers of here genocide in their country. the territories where his life or Indeed, disturbing language of But in the affidavit at least, the freedom would be threatened on discrimination permeates the Indian government refuses to account of his race, religion, affidavit. As it talks about Rohingya recognise the humanitarian crisis nationality, membership of a migration destabilising the volatile that has made the Rohingya particular social group or political border states, the Centre co-opts refugees. This is a bizarre contrast opinion". The International some of the words and fears that t o t h e g o v e r n m e n t ' s o w n Covenant on Civil and Political have shaped reactionary politics in endeavours outside the court. Rights that India has signed, the the North East. For instance, local Under Operation Insaniyat, the

PUCL BULLETIN, OCTOBER 2017 11 external affairs ministry is to clearly refers to the Rohingya, who material in Bangladesh but illegal provide humanitarian assistance to have poured into Bangladesh in immigrants who must be expelled Bangladesh, currently struggling to their thousands over the last few in India? deal with the sudden "influx of weeks. S o u r c e : T h e S c r o l l , U R L : refugees". Although the refugee Which throws up a conundrum: https://scroll.in/article/851099/deportin group is not specifically named in how is it that the Rohingya are g-rohingya-refugees-why-the-centre- the ministry's press release, it refugees deserving of relief is-wrong-despite-claims-of-threat-to- national-security @ 23.9.2017 ❑

Myanmar: Who are the Rohingya? Why are the more than one million Rohingya in Myanmar considered the 'world's most persecuted minority'? Al Jazeera Staff, 19.9.2017 Who are the Rohingya? area now known as Rakhine. also served in parliament. The Rohingya are often described During the more than 100 years of After the 1962 military coup in as "the world's most persecuted British rule, 1824-1948), there was M y a n m a r, t h i n g s c h a n g e d minority". a significant amount of migration of dramatically for the Rohingya. All They are an ethnic group, majority labourers to what is now known as citizens were required to obtain of whom are Muslim, who have Myanmar from today's India and national registration cards. The lived for centuries in the majority Bangladesh. Because the British Rohingya, however, were only Buddhist Myanmar. Currently, administered Myanmar as a given foreign identity cards, which there are about 1.1 million province of India, such migration limited the jobs and educational Rohingya who live in the Southeast was considered internal, according opportunities they could pursue Asian country. to Human Rights Watch, HRW). and obtain. The Rohingya speak Rohingya or The migration of labourers was In 1982, a new citizenship law was Ruaingga, a dialect that is distinct viewed negatively by the majority of passed, which effectively rendered to others spoken in Rakhine State the native population. the Rohingya stateless. Under the and throughout Myanmar. They are A f t e r i n d e p e n d e n c e , t h e law, Rohingya were again not not considered one of the country's government viewed the migration recognised as one of the country's 135 official ethnic groups and have that took place during British rule as 135 ethnic groups. The law been denied citizenship in "illegal, and it is on this basis that established three levels of Myanmar since 1982, which has they refuse citizenship to the citizenship. In order to obtain the e ff e c t i v e l y r e n d e r e d t h e m majority of Rohingya," HRW said in most basic level, naturalised stateless. a 2000 report. citizenship), there must be proof Nearly all of the Rohingya in This has led many Buddhists to that the person's family lived in Myanmar live in the western consider the Rohingya to be Myanmar prior to 1948, as well as coastal state of Rakhine and are Bengali, rejecting the term fluency in one of the national not allowed to leave without Rohingya as a recent invention, languages. Many Rohingya lack government permission. It is one created for political reasons. such paperwork because it was the poorest states in the country How and why are they being either unavailable or denied to with ghetto-like camps and a lack of persecuted? And why aren't they them. basic services and opportunities. recognised? As a result of the law, their rights to Due to ongoing violence and S h o r t l y a f t e r M y a n m a r ' s study, work, travel, marry, practice p e r s e c u t i o n , h u n d r e d s o f independence from the British in their religion and access health thousands of Rohingya have fled to 1948, the Union Citizenship Act services have been and continue to neighbouring countries either by was passed, defining which be restricted. The Rohingya cannot land or boat over the course of ethnicities could gain citizenship. vote and even if they jump through many decades. According to a 2015 report by the the citizenship test hoops, they Where are the Rohingya from? International Human Rights Clinic have to identify as "naturalised" as Muslims have lived in the area now at Yale Law School, the Rohingya opposed to Rohingya, and limits known as Myanmar since as early were not included. The act, are placed on them entering certain as the 12th century, according to however, did allow those whose professions like medicine, law or many historians and Rohingya families had lived in Myanmar for at running for office. groups. least two generations to apply for Since the 1970s, a number of The Arakan Rohingya National i d e n t i t y c a r d s . crackdowns on the Rohingya in Organisation has said, "Rohingyas Rohingya were initially given such Rakhine State have forced have been living in Arakan from identification or even citizenship hundreds of thousands to flee to time immemorial," referring to the under the generational provision. neighbouring Bangladesh, as well During this time, several Rohingya as Malaysia, Thailand and other

PUCL BULLETIN, OCTOBER 2017 12 Southeast Asian countries. During back by patrols. Many have also indiscriminate force used by troops, such crackdowns, refugees have been detained and forcibly returned as well as to stand up for the rights often reported rape, torture, arson to Myanmar. of the more than one million and murder by Myanmar security How many Rohingya have fled Rohingya in Myanmar. forces. Myanmar and where have they The government has also After the killings of nine border gone? repeatedly rejected accusations of police in October 2016, troops Since the late 1970s, nearly one abuses. In February 2017, the UN started pouring into villages in million Rohingya have fled published a report that found that Rakhine State. The government Myanmar due to widespread government troops "very likely" blamed what it called fighters from persecution. c o m m i t t e d c r i m e s a g a i n s t an armed Rohingya group. The According to the most recently humanity since renewed military killings led to a security crackdown available data from the United crackdowns began in October on villages where Rohingya lived. Nations in May, more than 168,000 2016. During the crackdown, government Rohingya have fled Myanmar since At the time, the government did not troops were accused of an array of 2012. directly address the findings of the human rights abuses, including Following violence that broke out report and said it had the "the right extrajudicial killing, rape and arson last year, more than 87,000 to defend the country by lawful - allegations the government Rohingya fled to Bangladesh from means" against "increasing denied. October 2016 to July 2017, terrorist activities", adding that a In November 2016, a UN official according to the International domestic investigation was accused the government of Organization for Migration. enough. carrying out "ethnic cleansing" of Many Rohingya also risked their In September 2016, Aung San Suu the Rohingya. It was not the first lives trying to get to Malaysia by Kyi entrusted former UN chief Kofi time such an accusation has been boat across the Bay of Bengal and Annan with finding ways to heal the made. the Andaman Sea. Between 2012 long-standing divisions in the In April 2013, for example, HRW and 2015, more than 112,000 made region. While many welcomed the said Myanmar was conducting a the dangerous journey. commission and its findings, which campaign of ethnic cleansing Prior to the violence that began in were released this August, Azeem against the Rohingya. The August, the UN estimated that Ibrahim, a senior fellow at the government has consistently there are as many as 420,000 C e n t e r f o r G l o b a l P o l i c y, denied such accusations. Rohingya refugees in Southeast a r g u e d H Y P E R L I N K Most recently, Myanmar's military Asia. Additionally, it said there were "http://www.aljazeera.com/news/2 has imposed a crackdown on the a r o u n d 1 2 0 , 0 0 0 i n t e r n a l l y 017/08/thousands-rohingya-flee- country's Rohingya population displaced Rohingya. m y a n m a r - b a n g l a d e s h - after police posts and an army base Since the violence in Myanmar's 170823193439077.html" it was just were attacked in late August. northwest began, more than a way for Aung San Suu Kyi to Residents and activists have 400,000 Rohingya have fled to "pacify the global public opinion described scenes of troops firing Bangladesh, UNHCR said. It added and try to demonstrate to the indiscriminately at unarmed that more than 1,000 people, international community that she is Rohingya men, women and mostly Rohingya, may have been doing what she can to resolve the children. The government, killed in Myanmar. issue". however, has said nearly 100 What do Aung San Suu Kyi and Annan was not given the mandate people were killed after armed men the Myanmar government say to investigate specific cases of from the Arakan Rohingya about the Rohingya? human rights abuses, but rather Salvation Army, ARSA) launched a State Chancellor Aung San Suu one for long-term economic raid on police outposts in the Kyi, who is the de facto leader of development, education and region. Myanmar, has refused to really healthcare. Since the violence erupted, rights discuss the plight of the Rohingya. When setting up the commission, groups have documented fires Aung San Suu Kyi and her Aung San Suu Kyi's government burning in at least 10 areas of government do not recognise the said it would abide by its findings. Myanmar's Rakhine State. More Rohingya as an ethnic group and The commission urged the than 400,000 people have fled the have blamed violence in Rakhine, government to end the highly violence, with thousands trapped in a n d s u b s e q u e n t m i l i t a r y m i l i t a r i s e d c r a c k d o w n o n a no-man's land between the two crackdowns, on those they call neighbourhoods where Rohingya countries, according to the UN "terrorists". live, as well as scrap restrictions on refugee agency, UNHCR). The Nobel Peace Prize laureate movement and citizenship. The UN has also said that hundreds does not have control over the Following the release of the August of civilians who have tried to enter military but has been criticised for report, the government welcomed Bangladesh have been pushed h e r f a i l u r e t o c o n d e m n t h e c o m m i s s i o n ' s

PUCL BULLETIN, OCTOBER 2017 13 recommendations and said it would In late January, the country to other parts of the country. give the report "full consideration resurrected a plan to relocate tens What does the international with the view to carrying out the of thousands of Rohingya refugees community say about the recommendations to the fullest from Myanmar to a remote island Rohingya? extent ... in line with the situation on that is prone to flooding and has The international community has the ground". also been called "uninhabitable" by labelled the Rohingya the "most On the latest round of violence, rights groups. Under the plan, persecuted minority in the world". Aung San Suu Kyi condemned a which was originally introduced in The UN, as well as several rights "huge iceberg of misinformation" 2015, authorities would move g r o u p s s u c h a s A m n e s t y on the crisis, without mentioning undocumented Myanmar nationals International and Human Rights the Rohingya who have fled to to Thengar Char in the Bay of Watch, have consistently decried Bangladesh. Bengal. the treatment of the Rohingya by On September 19, she gave a Rights groups have decried the Myanmar and neighbouring televised address, condemning "all proposal, saying the island countries. human rights violations" in completely floods during monsoon The UN has said that it is "very Rakhine. season. The UN also called the likely" that the military committed She said that Myanmar was ready forced relocation "very complex grave human rights abuses in "at any time" to verify the status of and controversial". Rakhine that may amount to war those who have fled the violence in Most recently, Bangladesh's crimes, allegations the government the last month. She did not specify foreign minister labelled the denies. who would be qualified to return violence against the Rohingya in In March, the UN adopted a and did not elaborate on how the Myanmar "a genocide". The r e s o l u t i o n t o s e t u p a n verification process would work. country's National Commission for independent, international mission Her speech was criticised by Human Rights also said it was to investigate the alleged abuses. It Rohingya refugees, as well as considering "pressing for a trial stopped short of calling for a activists who accused her against Myanmar, and against the Commission of Inquiry, the UN's government of "burying their heads Myanmar army at an international highest level of investigation. in the sand". tribunal" on charges of genocide. The UN investigators must provide The government has often Bangladesh's Prime Minister a verbal update in September and a restricted access to northern Sheikh Hasina visited a Rohingya full report next year on their Rakhine States for journalists and refugee camp in September and findings. aid workers. Aung San Suu Kyi's H Y P E R L I N K Rights groups have criticised the office has also accused aid groups "http://www.aljazeera.com/video/n government's reluctance to accept of helping those it considers to be ews/2017/09/bangladesh-pm- the UN investigators. "terrorists". u r g e s - m y a n m a r - r o h i n g y a - Human Rights Watch warned that In January, Yanghee Lee, a UN r e f u g e e s - Myanmar's government risked special rapporteur on human rights 170912154912867.html"called on getting bracketed with "pariah in Myanmar, said she was denied the UN and the international states" like North Korea and Syria if access to certain parts of Rakhine community to pressure Myanmar's it did not allow the UN to investigate and was only allowed to speak to government to allow the return of alleged crimes. Rohingya who had been pre- hundreds of thousands Rohingya In response to the latest round of approved by the government. refugees. violence, UN Secretary-General The country has also denied visas She said that Bangladesh would Antonio Guterres warned of the risk to members of a UN probe offer the refugees temporary of ethnic cleansing, calling on Aung investigating the violence and shelter and aid, but that Myanmar San Suu Kyi and the country's alleged abuses in Rakhine. should soon "take their nationals security forces to end the violence. What does Bangladesh say back". In early September, Guterres also about the Rohingya? Rohingya refugees in Bangladesh warned of a looming "humanitarian There are more than half a million have told Al Jazeera that the catastrophe" if the violence does Rohingya refugees living in mostly government's aid thus far as been not end. makeshift camps in Bangladesh. inadequate, with many saying they UN human rights chief Zeid Ra'ad The majority remain unregistered. haven't received any kind of al Hussein urged Myanmar to end Bangladesh considers most of government help. its "brutal security operation" those who have crossed its borders Refugees in Bangladesh have against the Rohingya in Rakhine, and are living outside of camps as been banned from leaving the calling it a "textbook example of having "illegally infiltrated" the overcrowded border areas. Police ethnic cleansing". country. Bangladesh has often tried check posts and surveillance have Both UN officials said they to prevent Rohingya refugees from been set up in key transit points completely supported the findings crossing its border. from stop Rohingya from travelling of the advisory commission, led by

PUCL BULLETIN, OCTOBER 2017 14 Kofi Annan, and urged the declare loud and clear that our LINK "http://www.aljazeera.com/ g o v e r n m e n t t o f u l f i l i t s defensive attacks have only been n e w s / 2 0 1 7 / 0 9 / a r s a - r e b e l s - recommendations. aimed at the oppressive Burmese declare-truce-rohingya-crisis- What is the Arakan Rohingya regime in accordance with 1 7 0 9 0 9 1 8 1 7 1 2 6 2 3 . h t m l " n g Salvation Army? international norms and principles unilateral ceasefire in Rakhine to The Arakan Rohingya Salvation until our demands are fulfilled." enable aid groups to address the Army, ARSA), formerly known as T h e g r o u p h a s c l a i m e d humanitarian crisis in the area. the Al-Yaqeen Faith Movement, responsibility for an attack on police "ARSA strongly encourages all released a statement under its new posts and an army base in Rakhine concerned humanitarian actors name in March 2017, saying it was State. According to the government resume their humanitarian obligated to "defend, salvage and nearly 400 people were killed, the assistance to all victims of the protect [the] Rohingya community". majority of whom were members of humanitarian crisis, irrespective of The group said it would do so "with the ARSA. Rights groups, however, ethnic or religious background our best capacities as we have the say hundreds of civilians have been during the ceasefire period," the legitimate right under international killed by security forces. group said in a statement, adding law to defend ourselves in line with Rights group Fortify Rights said it that it calls on Myanmar's military to the principle of self defence". has documented that fighters with also temporarily lay down arms. The group is considered a the ARSA "are also accused of According to the International "terrorist" organisation by the killing civilians - suspected Crisis group, the ARSA has ties to Myanmar government. government 'informants' - in recent Rohingya living in Saudi Arabia. In its March statement, the ARSA days and months, as well as The Myanmar government formally added that it does "not associate preventing men and boys from flee categorised the group as a with any terrorist group across the Maungdaw Township". "terrorist" organisation on August world" and does "not commit any On September 9, the group 25. form of terrorism against any declared a month-lHYPERLINK Source: The AL Jazeera, 20 t h civilian[s] regardless of their "http://www.aljazeera.com/news/2 Septemebr, 2017 religious and ethnic origin". 017/09/arsa-rebels-declare-truce- URL: http://www.aljazeera.com/indepth/ r o h i n g y a - c r i s i s - features/2017/08/rohingya-muslims- The statement also said: "We […] 170831065142812.html ❑ 170909181712623.html"oHYPER

Gujarat PUCL: September 1, 2017 Letter to the President of India regarding Saurashtra-Narmada Avataran Irrigation Yojana Hon'ble President of India, work without passing through the techno-economic clearance by the Rashtrapati Bhavan, stage of techno-economic scrutiny, Govt. of India and no green signal is New Delhi 110 004 Check list). received for the planning and check This scheme has become lists by the Central experts then by His Excellency the President, controversial on account of overlooking all this, if foundation Respectful Greetings! contradiction between Water s t o n e l a y i n g c e r e m o n y i s We have been given to understand Resources Department and the performed then it would place the from the newspaper reports that Sardar Sarovar Narmada Nigam. It status and dignity of the President during your visit to Gujarat you are is felt that the root cause for this is in an awkward and embarrassing scheduled to lay foundation stone attributable to commencement of situation. Announcement or for the 4th Link as part of "Sauni the works without adequate declaration of the scheme had Scheme", Saurashtra-Narmada a p p r a i s a l o r e v a l u a t i o n . already been made by the then Avataran Irrigation Yojana) of Controversy has originated due to Chief Minister in the course of Saurashtra. hasty commencement of the works electioneering meeting. The Presuming that these reports are without augmenting the branch Central Government had also true we beg to bring to your kind canals and confirmation of refused to fund or finance the attention to the C.A.G.'s Report No. adequate water availability. The expenditure. 6 for the year 2016 on the Water Resources Department had As such when this Scheme has not Economic Report on Gujarat pressurized the Sardar Sarovar been cleared from the parameters Government, Copy enclosed). Narmada Nigam which had refused t e c h n o - e c o n o m i c a n d Audit Report has been received by or resisted against it as it would administrative feasibility as also the Government in March 2017. As have impacted on the planning of water availability and is stuck in up contained therein there was the entire scheme. Even then, the in controversy then it does not contradiction amongst the different Water Resources Department did appear to be proper for yourself to wings of the Government. The not pay any heed to it. lay the foundation stone for the Government had commenced the We feel that since there is no scheme. PUCL BULLETIN, OCTOBER 2017 15 We request your good self that you Project and do wish that people G a u t a m T h a k e r , G e n e r a l may thoroughly review the scheme should get adequate water in well Secretary, PUCL – Gujarat; Rajni keeping in view the status and planned and timely manner but Dave, President, Gujarat Sarvoday dignity of the President's post so when there appears to be repetition Mandal; Mahesh Pandya, Gujarat that dignity of your post could be of Sujalam - Sufalam schemes with Social Watch; Vipul Pandya Prof. maintained. Otherwise in the recent lot of irregularities and when the Rohit Shukla Sukhdev Patel, past the Prime Minister had graced Scheme is made use of merely for Babubhai Vaghela Harinesh the occasion by inaugural switching political gain in the times of Pandya Pravinsinhji Jadeja, on the system but soon after the ensuring election then it becomes Nafeesa Barot Siddhu Sukhchen Central Government had refused to opportune in the interest of the Singh Govindbhai Jadav provide finances and that too on the public and we also deem it as our Copy forwarded, for necessary grounds of nonfeasibility of techno- duty. action to: The Chief Secretary, economical and water availability With Kind regards, G o v e r n m e n t o f G u j a r a t issues and hence since the scheme Yours sincerely, Sachivalaya, Gandhinagar, 6-7, is at a stage where its future is Suresh Chandra Mehta, Former Rangoli Complex, Opp. V. S. uncertain, then your kindself ought Chief Minister, Gujarat; Indukumar Hospital, Ahmedabad - 380006, to avoid such controversy. Jani, Editor, Naya Marg; Prakash Gujarat). Ph. No. 09824022677; Sir, we are not against Narmada N. Shah, Editor – Neerikshak; and 09825382556 ❑

Silencing the Writer Pushkar Raj

The Bombay high court judgment come out in support of activists like Arundhati Roy, might serve as a cancelling Prof. Sai Baba's bail and Dr. Sai Baba. However, its record warning to the Writers and thinkers initiating contempt proceedings for defending the HRDs, despite of the country to stay away from the against the Writer Arundhati Roy is having a dedicated cell for this public issues. Already, a section of a major blow to the human rights purpose, has been dismal for the government has vilified a large defenders in the country. various reasons. Therefore, the number of Writers because they Dr. Sai Baba was arrested by the burden of speaking on the behalf of dared to voice against encouraging police in 2014 for allegedly people like Dr. Sai Baba has fallen and growing intolerance in the indulging in maoist activities. He on the shoulders of the civil society Indian society. Any kind of was charged under various in the country. threatening message coming from sections of Unlawful Activities, However, the civil society any branch of the government on Prevention) Act and later denied organizations too require support of thought and its expression is an bail. In an article in a magazine the Writers, artists and intellectuals erosion of our constitutional values Arundhati Roy had questioned the to lend weight to their voice, and detrimental to the interest of manner of arrest of the professor especially when the present our society. The Writer, as Chinua and grounds on which he was government, erroneously, treats Achebe, doyen of African literature, denied bail. She had criticized the the rights based human rights argued, creates the values of a courts in the country for following activities in the country as an society. When we silence the different set of rules while granting anathema to its development and Writer, we create a value vacuum in bail depending on person's ideological agenda. the society, i.e., a breeding ground ideology and proximity with the As a Writer, one would assume, for the mob driven justice and government of the day. Arundhati Roy may feel that fascism. The Bombay high court Dr. Sai Baba organized and branding people naxalites and then judgment is regrettable that it has participated in the meetings in the treating them inhumanely before come from an institution- the capital that highlighted the misery their guilt is proven is an judiciary- that the Writers and of the indigenous population who o u t r a g e o u s p r a c t i c e i n a HRDs of the country look up for face displacement and crisis of constitutional democracy.In the protection of their life and civil survival in light of the governments' outlook article which is the subject liberties. Several of courts' big project centric development of 'interference in administration of landmark judgments preserved agenda. Arundhati Roy stressed justice' charge against her, the and expanded the rights of the that Dr. Sai Baba is primarily a Writer puts her perspective with her individual rather than shrinking human rights defender who should own set of arguments. These them. In that light, the Bombay high be treated humanely in light of his arguments may be right or wrong. court bench judgment is an 90 per cent disability and the The judgment of the court exception. j u r i s p r u d e n c e p r i n c i p l e o f castigates the Writer's right to hold The present case is sure to go to the presumption of innocence till that perspective or opinion which is Supreme Court. One hopes that it will proven guilty. a disturbing trend. be reviewed and nullified in the interest of civil liberties and Ideally the National Human Rights It is a matter of concern that the ❑ Commission, NHRC) should have contempt proceedings against constitutional values of the country.

PUCL BULLETIN, OCTOBER 2017 16 On the Recently Announced Bullet Train Project On 14th September, 2017, amidst great fanfare the Prime Ministers of India and Japan, Narendra Modi and Shinzo Abe, announced the launch of the construction of the Bullet Train from Ahmedabad to Mumbai. The Rs. 1.10 lakh crore project is being projected as a big-ticket project meant to characterise the rise of India as a technologically advanced nation, will become operational in 2022, the 75th anniversary of India's freedom. On one hand is the so called technological achievements underlying such a project which will reduce the travel time between Mumbai to Ahmedabad from the present 7 hours to just below 3 hours, 2 hours and 58 minutes; on the other is the social, ecological and economic cost of such a project. We shall examine different features of such a mega project in future issues. We carry some articles on the subject written by Justice Rajindar Sachar and others.

A Cruel Joke on the Poor of India Rajindar Sachar It is a tragedy of Indian Politics that - rather I find that Akhilesh Yadav of our existing railway quality so as to the massive amount of Rs. 1.10 Samejwadi Party has welcomed exclude frequent rail accidents Lakh Crores being spent Bullet the idea of a bullet Train but is of the which have taken place in the Train project from Ahmadabad to view that it should run between recent past. Mumbai is hailed by Modi Delhi and Kolkata passing through If we go on with Bullet Train, it is g o v e r n m e n t a s a g r e a t U t t a r P r a d e s h a n d B i h a r, already having a very bad impact. It achievement - still more tragic and containing the maximum number of is said that Maharashtra Chief utter lack of people's politics is the unemployed and poor. Is it not Minister though of BJP was not reaction of other political parties. ironic that though extreme poverty inclined to allot land unless he Thus Malikarjun Kharge, the line in being highlighted yet there is extracted promise that there will Congress leader in parliament has no condemning the aristocratic also be a bullet train from Mumbai hastened to clarify that the Bullet Train concept - rather the to Nagpur, which is his home town). Congress is not against the project grievance is that Modi has favoured On paper there is already a but wants to draw the attention of Gujarat, rather than U.P. and Bihar programme of bullet train from the public to the motive of the It was reported in the press that the Delhi – Bombay, notwithstanding inauguration on the eve of Gujarat opposition parties were to meet at the protests by poor farmers whose poll - and it is a political use of Jaipur on 14th of September, 2017 lands will be acquired thus creating national project. To leave no one in for third edition of 'Sanghi Virasat', a social crisis in the country. doubt that the Congress is even shared culture campaign to oppose Farmers of Maharashtra have more keen on bullet train concept in the NDA government effort to already gone on protest at this the whole of India, he has openly "Create Social Disharmony". wasteful expense while they are welcomed the project and has Akhilesh Yadav was one of those growning under loans repayment emphasized that it was first who was to attend the meet, apart and which have not been waived by conceived in 2005 and later in 2013 from other leaders of CPM, TMI, the State government. when Congress was in power and Rashtraya Lok Dal. One has not Even from practical point of view that it was the Congress which had heard of this group opposing the the concept of Bullet Train is deeply ordered viability survey by concept of Bullet Train - does that flawed, looked at from any angle. Japanese government and that mean that opposition does not find The fare in the Bullet Train are such Congress is happy that Japanese the whole concept of Bullet Train as that any government having the government has kept the schedule. an assault on the dignity of the poor. welfare of the people would not Thus congress objection is not Has the opposition the same touch it with a pair of tongs. The fare against this project, rather it priority as billionaire's favourites of could be around 2 times the welcomes it, project which I Modi. I am also disappointed that existing A/c first class fare or almost consider as disastrously wasteful powerful Railway Unions and the same as Air fare of over Rs. and amounts to mocking the poor in others Trade Unions have not 3000 - 3500/-. Bullet train will need India.) opposed this mad venture. 100 trips daily to be financially The position of some other The Bullet Train is also expected to viable - a study by IIM Ahmadabad opposition parties has surprisingly pass through under sea. India has has come to the conclusion that this not been made clear excepting by no experience in this technology at project would be in losses from day Socialist Party, India) whose all. Is our dependence on a foreign - one. President Dr. Prem Singh has country for decades,, however Japan's government and its rail publically opposed it. I have not friendly it may be at this time), a companies lobbied the US for years seen any other opposition Party wise decision tested on grounds of to sell its bullet train technology and condemning this bullet train project security and defence. Should this found little success. money be not spent on improving PUCL BULLETIN, OCTOBER 2017 17 To justify this Modi has given an Mumbai, one way fare) will not be emphasized that building toilets in example by saying that it will save less then Rs. 3000, which works rural India was one of the major the passenger trouble of going to our at 25 time the daily earning of promises made by Prime Minister airport in Car, avoiding traffic and the millions in India. Modi. then waiting at the airport. The The concept of Bullet Train accepts There is another more serious ironic cruelty of this explanation has the vilest of inequality in our objection to the massive expense been missed by prime Minister – country. Thus the position in the on Bullet Train. Only 44% of rural poor in India do not own Cars. In India is that richest 1% of Indians households have access to fact figures of car registration in own more than 53% of India's electricity. India averaged 108690.89 Cars wealth) Further shameful inequality The project is expected to be from 1991 untill 2017. is reflected in the fact that 57 completed normally in 2025 or not According to World Bank report, billionaires in India control 70% of earlier then by December, 2023 in India has 224 million living below India's wealth. any case. Modis whose term the international poverty line of The position is India after 70 years expires by mid 2019 has no legal or around Rs. 120 a day. Modis bullet of India is that about 48% of Indian moral justification to bind the next train venture is a cruel joke and urban population and in rural areas governments which could be, Non- ridicules on the poor of India 60% of population remains without BJP). because the fare of Ahmadabad – access to toilets. It needs to be Dated: 18/09/2017 ❑

Biggest Challenge Facing the Bullet Train: 825 Hectares of Land1 September, 21, 2017 Acquiring 825 hectares of land may some areas in Dadra and Nagar 105 trains by 2023," an official said. become a major hurdle for the Haveli for land acquisition. About A major advantage of the bullet c o m p l e t i n g t h e M u m b a i - 2,761 families will be affected. train is its 2.58 hour run. A flight on Ahmedabad bullet train project by Among the affected families, 1,653 the same route takes 1.20 hours. 2022. are house owners, 847 have a Airlines a competitor to bullet Experts said advancing the member who is an employee of a train project's deadline by a year to b u s i n e s s o r c o m m e r c i a l Though the fare structure for Rs August 2022 may not be feasible establishment likely to be affected 1.10 lakh crore is yet to be finalised, considering the complex land by the project, and 116 are tenants. the initial estimates suggest that acquisition process involved. The remaining 5 per cent of families the high speed rail fares are likely to Of the Rs 1.10 lakh crore fall in the category of registered be 1.5 times the existing first class investment required for the project, leaseholders, illegal occupiers and AC train tickets. Japan is providing Rs 88,000 crore others. The current fare of AC first class on as a soft loan at 0.01 per cent Around 1,688 structures in 207 Ahmedabad-Mumbai route is in the interest. However, release of the villages will be affected by the range of Rs 1,700-2,300, while Japanese funding is linked to land project. Asked how confident the flight tickets starts from Rs 2,000 acquisition. government was about completing onwards. "We are expecting land acquisition the project by 2022, Railway This means a traveller will have to to be completed within one-and-a- Minister Piyush Goyal said, "We pay much more than existing flight half years. Japan has provided Rs are confident, considering the pace ticket prices to travel on bullet 6,000 crore as the first tranche of at which the Modi government has trains. the loan for setting up the completed all its projects." One of the major advantages that Sabarmati station and a high- The 508-km line will cover 156 km the project offers is the reduction of speed rail training institute. in Maharashtra, 351 km in Gujarat running time from close to eight The remaining loan will be provided and 2 km in Dadra and Nagar hours to 2.58 hours. A flight journey after the land acquisition is Haveli. It will have a 21 km tunnel on the same route takes only 1.20 complete," said a source close to with 7 km under sea in Thane hours, making air travel more cost the development. Though the initial Creek. effective and time saving compared land requirement was 1,650 The line will have 12 stations in to bullet train. hectares, the National High Speed Mumbai, Thane, Virar, Boisar, Vapi, 1http://www.rediff.com/business/report/bigg Rail Corporation settled on 825 B i l i m o r a , S u r a t , B h a r u c h , est-challenge-facing-the-bullet-train-825- hectares by including an elevated hectares-of-land/20170921.htm?pos= Vadodara, Anand, Ahmedabad and 7&src=NL20170922_nn&trackid=PfNr+FR stretch. Sabarmati. The bullet train will run VVzQzIQ/5AGVf/xQxXgwb/3jGXA4J4tpPQ Initial feasibility reports have at a speed of 320-350 km per hour. a8=&isnlp=0&isnlsp=1 @ 22.9.2017 identified 163 villages in eight "In the initial stage, the route will Courtesy: Rediff.com. ❑ districts of Gujarat, 44 villages in have 35 trains with 10 coaches three districts of Maharashtra and each, which will be increased to

PUCL BULLETIN, OCTOBER 2017 18 Press Statement: 11/09/2017: Justice Rajindar Sachar, former President of People Union for Civil Liberties has issued the following statement: Prime Minister Modi and Prime Minister of Japan are scheduled to lay foundations stone for bullet train from Ahmedabad to Mumbai at a cost of Rs. 1.10 lakh crores on September 15th, 2017. The fare could be around 2 times the existing A/c first class fare or almost the same as Air fare of over Rs. 3000 - 3500/-. According to World Bank report, India has 224 million living below the international poverty line of around Rs. 120 a day. Modi's bullet train venture is a cruel joke and ridicules on the poor of India. The project is expected to be completed by December, 2023. Modi, whose term expires by mid 2019 has no legal or Moral justification to bind the next government which could be, Non-BJP). I feel that this calls for political parties, and trade unions, to register their protest at the site of inauguration on September 15th, 2017.

Prasangik Nondh: "Mann Kee Baat" states that "Violence Will Not Be Tolerated" but when and how soon? Gautam Thaker* The case matter of the of rape Jasmeet. the Haryana Government but the committed on two nuns leveled At the base of either Hindu religion Haryana Government acted against Gurmeet Ram Rahim, the or any other religion, there is shamelessly and remorselessly by President of Dera Sachcha Sauda obviously an element of respect ignoring such criticisms. High Court in the country, has now been and dignity of woman. We have had even told to compensate for the proved and the Special C.B.I. Court also been talking of Indian losses and damage by seizing the has pronounced imprisonment of civilization. But within our own properties owned by Ram Rahim. 10 years each in two separate selves are lying the devils like Court had also observed that the crimes or offences. As each of this Dushasan and Duryodhana which responsibility to extinguish the imprisonment has to be undergone has been clearly demonstrated in flames ignited in Haryana does not severally, it will imply that prison India during last ten years. Whether lie merely with the State term shall be of twenty years. be it Asharam, Rampal, Radhe Ma Government alone. By taking suo Moreover, the Judge Jagdeep Sinh or Ram Rahim, but it is not moto cognizance of the violent has, in the Sunariya Jail of Rohtak understandable how the man or incidents, the Court has provided to has pronounced orders to pay woman like these could be the head the Society the best example and compensation of Rs. 14 lakhs each of the religion ? Religion has been has also proved that no one is to both the rape victims, under the teaching non-violence but the above or beyond the law. By Section 376 and 506 of the I.P.C. disciples follow the path treaded by proving that all this is subject to and The extortionist of religion, Ram their heads and such misconduct under the law and judiciary, the Rahim, has during the last week, has become widely and vividly court has demonstrated the caused deaths of more than 40 visible in the incidents of Ram supremacy of the judicial system. It innocent people, besides damage Rahim. Really, the religion is meant did not spare any of the politicians. and destruction to the Government for social reforms, human welfare, It went to the extent of saying that if and Private properties worth over preservation and enrichment of the disciples do not disperse then billions of rupees. The said Ram culture and civilization. But none of take recourse to Lathi Charge and Rahim had affiliation with the this noble deed could be even then they do not pay any politicians and was possessing perceptible in this entire episode. heed, then resort to shooting or wealth of hundreds of crores of He had himself done the damage firing on them. At the same time, rupees. In the past also, some three and disservice to the religion. The kudos also to the mass media charges of assaults and murders slogan of "Non-violence is the community. Both print and the T.V. had been leveled against Ram Highest or the Best Religion' was media, by relaying and projecting Rahim. One will feel surprised that found to have been sadly ruined factual picture to the people of the he owned and possessed 700 and razed. country, has played the role of acres of land, three Nos. of Kudos and salutes to courts and fourth estate. hospitals, one international level judiciary system of India. While the This was indeed a political Eye Bank, Gas Station, Market disciples of Ram Rahim went of surrender on the part of the Complex and 250 Nos. of Ashrams rampage and the Government did Government with the temptation of set up abroad. All this empire or not take steps to maintain law and securing intact their vote bank, as estates valuing billions of rupees order situation, the High Court has been clearly observed by the shall now be handled by his son, made stringent strictures against Court. Noting about the law and

PUCL BULLETIN, OCTOBER 2017 19 Posting : 1-2 October, 2017 at New Delhi PSO Date of Pub.: 27-28 September, 2017 order situation, the Court stated on the strength of support of Ram that why the Chief Minister did not Rahim and hence there was no take actions against the anti-social question of taking any action at all. elements who indulged into This very Government had failed to violence who were wielding sticks, systematically and legally resolve petrol etc. with them. The Court the Jaat agitation of 2016 and at also stated that you are allowing the that time also the violence had city of Panchkula to be inflamed erupted. Whereas on the other and set to the fire, for political gain. side, an M. P. belonging to the Even after such a stricture ruling party was reported to be slammed on its face, the seat of saying that why the court is power or the throne of Khattar is listening or taking cognizance of safe and secure ! complaint of only two victims Now the question arises as to the instead of listening to the voice of Founder : Jaya Prakash Narayan pronouncement clearly uttered by crores of disciples or followers? President : Ravi Kiran Jain the Respected Prime Minister in his The party has not taken any steps "Mann Kee Baat"; that violence in against that M.P. and this is a true General Secretary : V. Suresh the name of faith will not at all be fact file of to-day. It is widely known Treasurer : Surendra Kumar tolerated and the guilty will not be that the ruling party in Haryana had Vice-Presidents : Binayak Sen, spared. No one has a right to take secured seats in nine districts, with G. Saraswathi (Ms.), N.D. Pancholi, law in to his hand in the name of the support of Ram Rahim. P.B. D’sa, Radhakant Saxena, Faith. The Government will never It is felt that no Government should Sanjay Parikh, Vinay Kantha. tolerate or put up with such kind of tolerate the tendency of giving free Secretaries : Kavita Srivastava (Ms.), violence. But then why the Prime hand to resort to rampant Nishant Akhilesh, Rohit Prajapati, Minister does not prevent or control goondaism in the name or guise of Sudha Bharadwaj (Ms.), the violence which has been wide religion or faith. If the Government Vandana Misra (Ms.), YJ Rajendra spread in the States ruled by the fails on this front then it would be Organising Secretaries : Ajay T.G., regime in power at the centre. If very difficult to predict as to what Arjun Sheoran, Nishat Hussain (Ms.), Khattar Government had taken will be the future or the fate of the Ramashray Pd. Singh. timely steps to check the rampage democracy. then damage and destruction could *Gautam Thaker, National President, certainly have been averted. But Indian Radical Humanist Association & the ruling party consists of 19 No. of General Secretary, PUCL Gujarat, ❑ M.L.A. who have won the elections Mobile: 09825382556)

PUCL National Council Meeting on 18-19th November, V. Suresh, General Secretary, PUCL, 2017 at Gandhi Peace Foundation, Delhi on behalf of People's Union for Civil Requesting members to send in suggestions of discussion points to Liberties; Printed at: Dixit Printers, include in the Agenda for discussion during the National Council 108, Patparganj Indl. Area, Delhi-92; Published at: 270-A, Patpar Ganj, Meeting. Please send to [email protected] and Opp.Anand Lok Apartments, [email protected] Mayur Vihar-I, Delhi 110091; V. Suresh, General Secretary, PUCL National. Editor: V. Suresh.

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