Vol. XXXVIII, No. 2 ISSN-0970-8693 FEBRUARY 2018 Rs. 20

Challenges before the Human RIghts Movement EDITORIAL : Challenges before the Human RIghts Movement in 2018 - in 2018 V. Suresh (1) In a very ominous manner, the 1st day of the new year of 2018 started with ARTICLES, REPORTS & DOCUMENTS: a planned attack by right wing caste Hindus and non-Dalits beonging to A Fatal Blow to be Judiciary - Rajindar Sachar (3); Master of the Roster and Hindutva / majoritarian groups on thousands of Dalits who had gathered Judicial Norms - N.D. Pancholi (4); at a place called Bhima – Koregaon, (about 30 kms from Pune) to Reflection on the Press Meeting of SC commemorate the 200th Anniversary of the victory of Mahars over the Judges - Prabhakar Sinha (5); Media Report of Meeting organised by PUCL Peshwa army led by Brahmins and upper castes by non-Dalit at the very Delhi (6); Report from Venkatesh Nayak of spot. Despite ample evidence that the anti-Dalit Hindutva groups were CHRI: RTI Reveals- Even After Four planning to attack the Dalits who assemble every year at the site, neither Decades (10); Ongoing State Violations of Human Rights in India Must End - Pushkar the State Government nor the local police did anything to avert the attack Raj (13); Triple Tallaq Bill – A Response - which led to the killing of one person and injuries to scores and worse, of Rajinder Sachar (14); Caste Adrift: Violence at Pune, Mumbai speaks of the Dalits being arrested on trumped charges. In the next days, the distorted political economy, communities violence spread to Mumbai and other parts of Maharashtra which failed by political leaderships - Suhas highlighted the planned manner in which right wing, Hindutva and Palshikar (15); Inciting Mutiny: Are Governments Complicit? - Major General majoritarian parties and groups were working in a systematic manner to S.G. Vombatkere (17); Account for exploit social divisions and differences. The violence in Bhima-Koregaon Narmada Water Being Used By All (18). will have to be seen in the background of the December, 2017 elections to PRESS STATEMENTS, LETTERS AND NEWS: the Gujarat Assembly which saw a consolidation of Dalit groups PUCL Statement on Concerns Raised by 4 challenging the ruling BJP party as being brazenly anti-Dalit as Seniormost SC Judges (2); Delhi PUCL: witnessed in the Una incident in which some Dalit youth were thrashed We Salute the Four Hon'ble Judges (5); mercilessly on charges of skinning cows, despite their protestations that Gujarat PUCL: Stand by the Judges in Defense of the Constitution (6); PUCL the charges were untrue. From a human rights perspective, the violent Maharashtra: Statement Condemning the anti-Dalit violence and discourse is an ominous portent for the future, Attack by Hindu Religious Extremists at especially as all the parties gear up for parliamentary elections in May, Bhima Koregaon (7); Condolence 2019. messages: Prof Vinay Kantha Is No More th (8); Rajasthan PUCL: Jaipur for Aman & An event of great historical significance occurred on 12 January, 2018, Sadhbhavna Rally (9); Statement as given when the 4 seniormost judges of the Supreme Court, after the Chief below is issued on current situation at Bhangor: Open Letter to CM, West Bengal Justice of India, Justices Chelameshwar, Ranjan Gogoi, Madan Lokur (14); Press Statement of PUCL Tamil Nadu and Cyriac Joseph, in an unprecedented manner conducted a Press & Puducherry (16). Meeting in the lawns of the residence of Justice Chelameshwar raising serious issues about the manner in which the CJI, Dipak Mishra, was Annual Subscription: PUCL Bulletin conducting matters. As the Judges clarified they were forced to publicly (w.e.f. January 01, 2017) INDIA PUCL Members Rs. 200 come out due to the lack of response of the CJI to the issues raised by Non-Members Rs. 240 them in a letter, as also other issues which they hinted at both in the letter, Libraries, Institutions Rs. 300 as also in the Press Conference. The trigger to the Press Conference, it OVERSEAS appeared, was the manner in which a PIL raising questions about the PUCL Members US$50 suspicious death of CBI Judge Brijgopal Harkishan Loya was assigned Non-Members US$100 to the Bench of Justices Arun Misra and MM Shantagoudar, considered Libraries, Institutions US$120 relatively junior in the judicial hierarchy. This politically sensitive case related to the sudden death of Judge Loya on 1st December, 2014 when he was hearing the discharge petition in the criminal case of alleged encounter killing of Sohrabuddin and his wife, Kauser Bi, in which Amit Shah, the former Home Minister of Gujarat had been implicated as an accused. We carry a detailed statement we issued following the press meeting, expressing our concerns over this unprecedented action. The 429

PUCL BULLETIN, FEBRUARY 2018 1 issues raised by the 4 Judges a c t i n g f e a r l e s s l y a n d important dimension is that as strikes at the very heart of the independently. lakhs of youth who join the work Constitutional Scheme adopted in The continuing economic distress force each year face the reality of India – of an independent judiciary, and growing inequality in the last crushing unemployment and which functions freely and fairly and few years was dramatically joblessness, political parties will whose institutional integrity is uncovered in a Report released by exploit their anger and frustration beyond question. We hope that the OXFAM on 22nd January, 2018 by stoking caste, community and judges and the judiciary, will, at the showing that 1% of India's religious divides both by way of e a r l i e s t s e t t l e , a m o n g s t wealthiest have cornered 73%of diverting their anger from themselves, all the issues flagged the wealth generated in 2017. The addressing the real causes of by the 4 senior judges so that the figures show that in the 3 years economic misery as also to judiciary plays the role it was since the present NDA Government mobilise them. This is particularly envisaged by the constitution c a m e t o p o w e r , w e a l t h worrying from a human rights makers – as the sentinel of justice, concentration amongst the richest perspective, in an election year. functioning without fear or favour, is continuously increasing each The entire human rights community not only seen to be acting but also year. The reason this is an needs to be more vigilant than ever. V.Suresh, Editor ❑

Press Statement: 12 January 2018 PUCL Statement on Concerns Raised by 4 Seniormost SC Judges on 12th January, 2018 The People's Union for Civil h a v i n g f a r - r e a c h i n g A time has come for the nation to Liberties (PUCL) is seriously consequences for the Nation seriously introspect and openly concerned over the implication of and the institution had been discuss these issues to ensure that issues raised by the 4 senior most assigned by the Chief Justices of the Indian Judiciary remains a truly SC judges after the Chief Justice of this court selectively to the benches independent institution. The India (CJI) going public about their "of their preference" without any judiciary is an important bulwark disagreement with the CJI over r a t i o n a l e b a s i s f o r s u c h against attempts to dilute, change functioning of the judicial institution assignment. This must be and limit the fundamental and both in its administrative as also guarded against at all costs". constitutional rights of Indian judicial sphere of functioning. (emphasis ours) citizens and against majoritarian In the Press Conference today, all In our view this is not just a matter of tendencies that seek to undermine the 4 SC judges - Justices judges and lawyers and the judicial our constitutional values of Liberty, Chelameswar, Ranjan Gogoi, institution but a matter which E q u a l i t y, D e m o c r a c y, a n d Madan B. Lokur and Kurian Joseph concerns our Constitution and Secularism. (2nd to 5th in order of seniority) democratic system, and is the We believe that the issues raised in informed that they have already concern of all citizens and the the letter and press conference of raised these concerns with the CJI nation itself. It is important that the the 4 Supreme Court Judges must 2 months back itself, and even on several cases pointed out by the 4 be addressed immediately and 12th January morning; but owing to judges group should be made course correction must be ensured. lack of response from the CJI they public and appropriate remedial We also hope that the CJI and other were compelled to take the action must be taken to undo the stakeholders will take the issues extraordinary step of making public improprieties inflicted upon the raised by the senior most their concerns. litigants concerned and the public. companion judges of the CJI in the The issues raised by the 4 senior It should be pointed out that for the proper spirit and with utmost judges are central to the last 2 to 3 years there had been a lot seriousness and give its resolution independence of the judiciary: of talk within the legal fraternity, as due importance; as otherwise the manner of deciding the roster and also the rights community and same would have unfortunate composition and strength of democratically minded citizens consequences for both the Benches, integrity of judicial over increasing attempts to institution of the judiciary in India process, institutional integrity, politicise and influence the a n d d e m o c r a c y a n d t h e transparency in appointment of judiciary, by way of undue influence constitutional scheme in the judges, etc. They have clearly and of the process of appointments of country. openly indicated that these vital judges, manner of constitution of Ravi Kiran Jain, National principles have not just been benches, allocation of cases and so President, PUCL; V. Suresh, flouted but ethically compromised. on. The Letter written by the 4 National General Secretary, PUCL As the judges point out, "There senior Judges only affirms the ❑ have been instances where case doubts people have had till now.

PUCL BULLETIN, FEBRUARY 2018 2 A Fatal Blow to be Judiciary Rajindar Sachar There is a colloquial saying – 'this the High Court. The new Bench integrity of the judiciary. I believe that house got burnt with its own (House dismissed the writ petition. But that the issues raised in the letter and Stove)'. I was reminded of this on the is another matter. But here the press conference of the 4 Supreme day when 4 judges held a press matter has gone to the press and Court Judges must be addressed conference and mentioned serious four judges have charged that, immediately and course correction charges against the Chief Justice. To "There have been instances where must be ensured, by the full add to the mystery, one of judge c a s e s h a v i n g f a r - r e a c h i n g Supreme Court as otherwise the signatory now said publically – "an consequences for the Nation and same would have unfortunate issue was raised. Those concerned the institution had been assigned by consequences. have listened to it. Such actions the Chief Justices of this court I have no doubt that people at large would not occur again, and there is selectively to the benches … without will be wondering whether they are no need for outside intervention". any rational basis for such in danger of losing their entitlement But now the press leakage of what assignment. This must be guarded to an independent judiciary as transpired at all judges meet, remind against at all costs". Thus keeping guaranteed by the constitution. I me of another. The water of seven quiet is not an option for the other myself am reminded of the searing seas will not be able to wash this judges of the Supreme Court. words of Bible which were strongly stain. May I give another instance of a high spread by Jaya Prakash Narain The not so acceptable is the Court, which dealt with trial of a case during the fight against Emergency – suggestion that pending case in involving the murder of Indira namely "but if the salt have lost his Judge Loya's death should be heard Gandhi. Under law the allocation of flavor, with which shall it be salted?" only by CJI and the top 4 judges only. the trial court is decided by District I hope the Supreme Court does not This suggestion is obviously judge or the High Court. The first take offence and make it a matter of unacceptable as it touches the puisne judge of High Court heard undue superiority and take the stand integrity of all other judges. from the press that the case was that this matter, notwithstanding that Let me give you an instance of how marked to one particular additional it has disturbed the whole Bar of such a situation was handled in a District and Session judge who he India, it will not discuss it with the Bar leading high Court. It was in 1985 1st felt was not upto mark. On enquiry because it is it's sole privilege. May I, week of December that a petition he was told by the Registrar that in all humility, submit that this was filed in the high Court asking for Chief justice had so ordered. Now in assumption proceeds on the belief a direction to Rajiv Government to law Chief Justice could not do so that the judges are immune to appoint a Commission of Enquiry to because the word "High Court" human frailties even while making investigate the 1984 killing of Sikhs. means a decision by the majority of non-judicial decisions (such as The matter was listed before the first all judges. This is done by circulating appointments and transfers). This puisne judge. In spite of opposition the suggested decision amongst the self-glorification is not accepted by the Union of India the Bench judges. The circulation is done by even by members of the judiciary issued a show cause notice to the sending it to the junior most judge so itself vide expostulation of Justice Central government for a date in the that he could give his opinion Frankfurter of the US Supreme middle January, as the high Court uninfluenced by any view given by Court that "all power is of an was closing for winter vacation. the senior judges. First puisne judge encroaching nature. Judicial power A new roster was fixed after the being consciously of this frailty told is not immune to this human vacation. When it came out, the first the Registrar to bring this to the weakness. It must also be on guard puisne judge found that in the roster notice of the Chief Justice and also against encroaching beyond its he was put in a criminal bench, tell him that he would sign first proper bounds and not the less so which obviously ruled him out from (against the usual practice) as a kind since the only restraint upon it is self- hearing the Enquiry Commission of assurance that there was restraint". matter – obviously the judge was unanimity amongst the judges and If I sound a bit harsh, I can only hurt/surprised at this openly thus avoid an embarrassment if the invoke the caveat of Justice Holmes unbecoming action of the Chief order was to be challenged. Chief of the U.S. Supreme Court, who Justice. He had the choice of going justice understood the delicacy of said, "I trust that no one will public or at the minimum pass on this the matter and agreed to the understand me to be speaking with untoward act by the Chief justice to a suggestion so the order became disrespect of the law because I few members of the Bar. But he did legal. But this could only have been criticize it so freely.....But one may not do so. Instead he took leave for done if the loyalty of first puisne c r i t i c i z e e v e n w h a t o n e one week immediately on the judge was to the judiciary rather than reveres.....And I would show less reopening of the high Court. The to take any advantage against the than devotion, if I did not do what in message was conveyed to the Chief Chief justice. me lies to improve it." Justice without making a pubic I believe that the issues raised by the New Delhi: Dated: 16/01/2018 ❑ display which would inevitably have 4 senior judges are central to the caused a dent to the reputation of independence and institutional

PUCL BULLETIN, FEBRUARY 2018 3 Master of the Roster and Judicial Norms N.D.Pancholi*

Allocation of cases to several transferred from a particular bench 'Royist', had done many landmark benches by the Chief Justice of to the bench which is suitable to the cases. During the emergency he India whether in the Supreme Court ruling party in power. For example was the first one to take up cases or in the High Court by the in December 1984, in the wake of on behalf of the detenues, including respective Chief Justices has brutal massacre of around 3000 the case of Kuldip Nayar whose always been a sensitive issue. Sikhs in the capital of Delhi, a writ detention was soon quashed by the Though the Chief Justice is petition was filed on behalf of High Court of Delhi. Malik had the supposed to be the master of the PUDR (People's Union For Civil rare distinction of being the roster i.e. he has prerogative in Liberties) in the Delhi High Court advocate in the judicial history of allocation of cases to particular praying for instituting a commission independent India who, on behalf of benches of the court but that cannot of inquiry. Govt. opposed the the combined opposition, had be done in arbitrary and selective petition tooth and nail but Justice cross-examined the sitting manner. Certain precedents and Rajindar Sachar issued notice and President of India, namely Mr. rules have been evolved under asked the govt. to submit its reply. V.V.Giri in the proceedings in the which particular benches are fixed The matter was fixed for some date Supreme Court as Giri's election to hear particular types of cases in January 1985. However, to the was challenged therein. and there cannot be departure from surprise of all, when High court Kudal Commission started issuing this practice. A well established reopened in January 1985 after notices to the said Gandhian precedent has further been evolved winter vacation, Mr. Rajindar institutions and the same were that if a matter is being heard by a Sachar was transferred to the challenged in the High Court of particular bench, it cannot be different side of the roster and the Delhi. As per roster, the cases transferred to any other bench by said writ petition was fixed before came to be heard by the court of the Chief Justice so long that the other judge who dismissed the Justice T.P.S.Chawla who started particular bench has been hearing petition. Mr. Rajindar Sachar was issuing stay orders against the that matter.These include part- very angry but he maintained his various notices of the Kudal heard matters also. Important and cool. Commission. While these cases sensitive cases which may have I cite another example. When Mrs. were being heard by Justice serious repercussions in eroding Indira Gandhi came to power in Chawla, one fine morning we found democratic values and abridging 1980, her government constituted that the cases were listed before fundamental rights, have to be Kudal Commission to investigate the bench of the Chief Justice. We assigned to the respective benches allegations against the Gandhian were all surprised as It was very without any distinction. While institutions for using their charitable unusual and was against the allocating cases settled judicial organizations for political purposes norms. When the hearing started in discipline and decorum has to be and thus charged them for the court of Justice Chawla, the maintained by the respective Chief misusing of funds. These conversation between the Chief Justice. However it appears that institutions included Gandhi Peace Justice and S.C.Malik took place the present Chief Justice of India Foundation, Sarv Sewa Sangh, somewhat in the following manner, has been flouting these well A s s o c i a t i o n o f Vo l u n t a r y coupled with heated exchanges: established judicial norms and Organizations, Citizens For Malik to the Chief Justice: How this allocating cases in selective Democracy etc.etc. These case has been listed before your manner and even not listing the organizations were in the forefront Lordship? It was being heard by the cases before those benches which during JP movement(1973-75) . Court of Justice Chawla! had earlier been hearing and They were also very active in Chief Justice: I have assigned this dealing with such cases. The senior opposing 'the emergency' which case to my court. four judges of the Supreme Court was imposed in June 1975. It was Malik: How can you do it? It is have rightly said that unless this obvious that the motive of the then against the well settled precedents! institution i.e. the Supreme Court is C o n g r e s s g o v e r n m e n t i n Chief Justice: I have the power to preserved and it maintains its establishing the Kudal Commission do it. It is for me to decide the equanimity, democracy will not was to punish and victimize these allocation of the cases. survive in this country. Flouting organizations for their role in JP Malik, in heated voice: You cannot such settled judicial norms always Movement. The Kudal Commission do it. You have committed the create tensions and heartburning started issuing notices to these contempt of the court of Justice –not only to the litigants but also to organizations on baseless Chawla by taking away this case the judges who are entitled to hear allegations. The organizations had from his roster. You have to send such cases. There have been engaged senior advocate S.C. the case back to the said court. instances when benches are Malik for their defence. S.C.Malik Chief Justice: I will not. I am acting c h a n g e d a n d m a t t e r s a r e was very reputed lawyer, was a under my prerogative.

PUCL BULLETIN, FEBRUARY 2018 4 Malik, shouting at the Chief Justice: I asked Malik as to how he could and I am sure that Justice Chawla If you keep this case with you for threaten the contempt proceedings would have issued contempt notice hearing, in that case I shall file against the Chief Justice! And what to the Chief Justice." And he added contempt of court petition against if Justice Chawla declined to issue with a smile "Chief Justice knew you in the court of Justice Chawla." contempt notice to the Chief Justice this." Malik came out of the court in – a fellow judge of the court? Malik Thus the Chief Justice was wise anger. replied with confidence," If the enough to avoid the confrontation. Soon we came to know that the Chief Justice had not sent the case Chief Justice had sent the case back, I would have filed contempt *N.D.Pancholi is an advocate in back to the court of Justice Chawla. petition against the Chief Justice the Delhi High court and Vice- President of PUCL National. ❑

Delhi PUCL: Press Statement: 14th January, 2018 We Salute the Four Hon'ble Judges

The four senior most judges of the doubt that the Chief Justice of India miserably failed at this critical Supreme Court have done a has the prerogative to fix benches juncture of our nation. singular service to the nation by for particular cases but this power We hope that the present Chief highlighting their concerns by way cannot be exercised in arbitrary Justice, in league with fellow of the Press conference. It is manner against established judicial judges, would rise to the occasion obvious that their main purpose norms. Present Chief Justice of and function in such a way that was to warn the nation against the India appears to have violated would restore the public confidence d a n g e r o u s d r i f t t o w a r d s those settled judicial norms and in the Supreme Court as a citadel of arbitrariness and questionable healthy precedents in the garb of justice and a bulwark of democracy. procedures adopted by the Chief his prerogative. While it was the We salute Justice Chelameswar, Justice of India which adversely duty and obligation of the Bar Justice Gogoi, Justice Madan impact the administration of justice. C o u n c i l s a n d A d v o c a t e s Lokur and Justice Kurien Joseph The judges have rightly said that associations to raise their voice for what they have done; and are unless this institution i.e. the against such undemocratic and sure that their names will be written Supreme Court is preserved and it arbitrary drift, we are anguished to in golden letters in the judicial m a i n t a i n s i t s e q u a n i m i t y, note that these councils and history and democratic annals of democracy will not survive in this a s s o c i a t i o n s , b a r r i n g f e w this country. country or in any other country. No distinguished advocates, have N.D.Pancholi, General Secretary; Anil Sinha, Secretary, CFD ❑ From Prabhakar Sinha's Blog: Reflection on the Press Meeting of SC Judges Prabhakar Sinha, Former President, PUCL The four judges of the SC took the assign cases to them, but if the acceded to the suggestion of the unprecedented step of calling a senior brother judges feel that brother judges , he would have press conference (12.01.2018). certain cases should not be saved the prestige of the apex court We must realise that they are no assigned to a bench consisting of as well as his own. However under less concerned* about the interest certain judges they should have t h e c i r c u m s t a n c e s , t h e of the country than us and must been listened to. It was not a case controversial case should be heard have taken the step only after due which should have been made a by a court which is not controversial deliberation and as a last resort .It prestige issue by the CJI. By . must also be appreciated that that making an issue of it the CJI has It is no occasion for us to take sides they have not raised an issue of lent some credence to the and attack one or the other but to do their personal interest but of the suspicion that he was interested in and say only what is in the interest national Interest. It is also pertinent the case going to a particular o f p r o t e c t i n g t h e h o n o u r, to note that the four are not just any bench. It has hurt many including independence and prestige of this four judges but the four senior most the apex court .It has hurt the great institution. judges of the apex court, who are to standing of the CJI ,the judge who Prabhakar Sinha be consulted on important issues was assigned the case and the *It is natural for us to think that the including judicial appointments. judiciary itself. It creates the judges should not have gone to the Their opinion does not deserve to impression that the judges of the press or the CJI was wrong in not be treated lightly and should have apex court do not decide cases on listening to the judges, but our been given due weight. merit ,can be influenced and even approach should be to avoid adding Nobody is disputing the right of the the CJI is a party to this unethical fuel to the fire. ❑ CJI to constitute benches and practice .Alternately, if the CJI had

PUCL BULLETIN, FEBRUARY 2018 5 Gujarat PUCL: Stand by the Judges in Defense of the Constitution

We, the concerned citizens of the postponing the review of these authorities one by one and now country, are sincerely disturbed cases such as demonetization, attempts to destroy Supreme and deeply anguished by the Adhar Card etc." would lead to Court, forms a classical symptom shocking description by the senior unpleasant and undesirable of "undeclared emergency". This is most judges of the Supreme Court consequences of creating doubts the worst attack upon the Supreme about what is going on in the in the body politic about the Court of India – the last citadel of highest court of the country as of integrity of the constitution. "The democracy and freedom. Instead late. We congratulate these judges compulsion on the part of these of criticizing these senior judges for for their bold, courageous and highest judges to tell the truth to the the Press Conference, we must be unprecedented step of addressing people of India – unprecedented thankful to them for pointing out the directly the people of India at the action would show the depth of the great danger to the democracy and Press Conference highlighting cases about the justice delivery constitution. The people must certain judicial orders passed by system. The most dangerous remember that this is not simply the Court which has adversely problem is the politically disguised institutional crisis to be resolved affected the overall functioning of intention of the government in the from within but a serious crisis the justice delivery system and the functioning of the court and openly affecting the people and the independence of the High Court stated by these judges, but what constitution. Time has come for b e s i d e s i m p a c t i n g t h e can be easily inferred from what "We, the People of India" to stand administrative function of the they have stated. This would by the judges and to defend the Office of the Hon'ble Chief Justice undermine the very authority, j u d i c i a r y f r o m " p o l i t i c a l of India". The arbitrary exercise of integrity, independence and authoritarianism". the powers of the Chief Justice legitimacy of the highest court of Gautam Thaker, General Secretay, regarding fixing roster comprising the nation. The Supreme Court is PUCL Gujarat; Girishbhai Patel, of the benches of the judges and the most important institution to Senior Advocate, Gujarat High Court; the allocation of cases to the protect the Constitution of India Suresh Mehta, Former Chief Minister benches, departure from the well- and any attack upon it either from Gujarat; Indukukar Jani, Editor, Naya Marg; Prakash N. Shah, Editor, established conventions and outside or from within is a direct Nirikshak; Rohit Shukla, Editorm traditions guiding the exercise of assault to the Constitution. Once Abhidrashti; Rajani Dave, President, these powers, assigning the cases Indira Gandhi during declared Gujarat Sarvoday Mandal; Prof. of far-reaching consequences for Emergency did try to attack the Hemantkumar Shah, National the nation and constitution independence of the judiciary. Now Council Member, PUCL; Mahesh selectively to the benches "of their the present Govt. is trying to Pandya, Gujarat Social Watch. ❑ preference, important cases by d e s t r o y a l l c o n s t i t u t i o n a l Media Report of Meeting organised by PUCL Delhi Govt trying to take away independence of judiciary, alleges Prashant Bhushan Bhushan was speaking at a discussion on the topic - 'Felling of the Last Bastion: Is Indian Democracy in Peril'. Press Trust of India (PTI), New Delhi: Jan and Peoples Union for Civil Ranjan Gogoi, M B Lokur, Kurian 19, 2018 21:53 IST Liberties (PUCL), a human rights Joseph and also A K Sikri, Singh Activist lawyer Prashant Bhushan organisation. had condemned the conduct of the on Friday accused the Centre of Bhushan was speaking at a CJAR in filing a complaint with them t r y i n g t o t a k e a w a y t h e d i s c u s s i o n o r g a n i s e d b y accusing the CJI of alleged independence of judiciary and 'Janhastakshep' and PUCL on the misconduct in the medical college again targeted Chief Justice of topic - 'Felling of the Last Bastion: Is bribery case related to Prasad India Dipak Misra over the medical Indian Democracy in Peril'. Education Trust. college bribery case in which the He raised questions on the method Singh alleged that a group of Supreme Court has already adopted by the government in activists under the banner of CJAR dismissed two petitions. selecting judges. was trying to "scandalise the The activist lawyer, who has been Bhushan has come under attack judiciary" by levelling "false raising the issue under the banner from senior advocate Vikas Singh, charges" against the CJI in o f C a m p a i g n f o r J u d i c a l who has been appearing for the connection with a medical college Accountability and Reforms Medical Council of India (MCI), for bribery case. (CJAR), brought up the same his allegations against the judiciary. At an unprecedented press issues under the banner of In a letter to the four dissenting conference on January 12, Justices 'Janhastakshep', an activist body judges Justices J Chelameswar, J Chelameswar, Ranjan Gogoi, M B

PUCL BULLETIN, FEBRUARY 2018 6 Lokur and Kurian Joseph attacked was "quite confident" that there was http://www.hindustantimes.com/in the CJI on the issue of allocation of no wrong doing by the apex court dia-news/govt-trying-to-take- sensitive and important PILs in the while dealing with them and sought away-independence-of-judiciary- apex court. contempt action against the activist alleges-prashant-bhushan/story- Singh has said in his letter that he lawyers for allegedly maligning the ERKMjHf0MLsWUE0YxMGymL.ht judiciary. ml ❑

PUCL Maharashtra Statement Condemning the Attack by Hindu Religious Extremists at Bhima Koregaon PUCL condemns the pre - December 2017, in Shaniwarwada, buses were reportedly stoned even planned attack by Hindu religious Pune, which is historically from the terrace of buildings extremists on people gathered at c o n s i d e r e d a s b a s t i o n o f adjacent to the road and around 40 Bhima Koregaon, on 1st January Brahminical forces, the seat of the vehicles were burnt and shops, 2018. erstwhile Peshwa empire, various which were open, were vandalized, T h o u s a n d s o f p e o p l e progressive organizations had held burnt and looted. One person predominantly from the Dalit a public event "Elgaar Parishad" Rahul Phatangale (28), even got community gather every year on 1st attended by thousands and killed and many were wounded in January at Bhima Koregaon (30 addressed by various leaders from t h i s p r e - p l a n n e d v i o l e n c e kms from Pune) to pay homage to Justice P.B Sawant (Retd. Judge, unleashed by the morcha with a the Dalit warriors who won victory Supreme Court), Justice Kolse v i e w t o d i s r u p t t h e over the Brahminical Peshwai rule Patil (Retd. Judge, Bombay High commemoration. in the year 1818. This war was Court), Soni Sori, Ulka Mahajan, As the news of this violence fought between British East India J i g n e s h M e v a n i , P r a k a s h unleashed on people reached Company which had warriors from Ambedkar, Umar Khalid, amongst Mumbai, there were spontaneous the Mahar caste and the others calling upon the people to protests, which broke out in various Brahminical Peshwas of the overthrow "nai peshwaii" or the new areas of Mumbai on 2nd January Maratha Confederacy. The form of Brahminical Peshwa rule 2018. Prakash Ambedkar, CPI, Peshwas had a long history of prevalent in society today. CPM and around 250 organizations treating persons from Mahar caste The awakening of Dalit community, from Maharashtra came together as untouchables, and had exploited demanding equal rights, respect, and gave call for a Maharashtra and persistently meted injustices dignity and citizenship rights is Bandh on 3rdJanuary 2018. The on them. The offer of the Mahars to seen as danger to the rule of Bandh was widely successful and serve the Peshwa army was, Brahminical Caste hierarchy by the largely peaceful, with sporadic reportedly, also unceremoniously Hindu extremist forces which are v i o l e n c e r e p o r t e d a c r o s s rejected. It is said that five hundred backed by RSS, as well as BJP. On Maharashtra. th Mahar soldiers defeated the 29 December 2017 itself in village Only by the evening of 2nd January 25,000-strong Peshwa army. The Vadhu Budruk, (near Bhima 2018, the police in Pimpri, on the British erected an Obelisk in K o r e g a o n ) s o m e p e o p l e outskirts of Pune, registered cases memory of the soldiers who lost desecrated a memorial built in against two men with strong Hindu their lives.The inscription on the memory of Govind Gopal Gaikwad right-wing links, Sambhaji Bhide obelisk features the names of 22 or Ganapat Mahar, a dalit icon, who (85) who leads the Shiv Prathisthan Mahar soldiers. This victory was is said to have performed funeral and Milind Ekbote (60) who heads significant for the Dalits, who had rights of Sambhaji, son of Shivaji the radical Hindu outfit Samasta been marginalized and oppressed Maharaj. A complaint was filed Hindu Aghadi. Both these "leaders" for so long. against those people who have strong links not only with BJP More than ever today, Dalits view desecrated the memorial. There and its ideologue, RSS, but also this place with pride as a was police action against some of with Prime Minister Narendra Modi. battleground on which they fought the persons involved in the They also have history of violent and won against the tyrannical desecration. In response to these demonstrations. In 2008, Bhide Brahminical rule of Peshwas, arrests, nearby 10 -12 villages along with his followers ransacked steeped in Caste discrimination. Dr. decided to boycott the occasion on movie halls protesting against the Ambedkar himself visited the site 1st January 2018. release of movie Jodha-Akbar. In on 1st January 1927 and since then A morcha was taken out on 1st 2009, too he created violent the respect for this place amongst January 2018 by the upper caste situation in Sangli when a Ganesh Dalits has spiraled. villagers from Vadhu towards pandal was denied permission. Mr. This year was the bicentenary of Koregaon. This morcha turned Ekbote has 12 cases of rioting, the victory and it was expected that violent and started targeting all the trespassing, criminal intimidation, people in lakhs will congregate. vehicles which were carrying and attempts to spread enmity Just the day before, on 31st people to Bhima Koregaon. The between two communities against PUCL BULLETIN, FEBRUARY 2018 7 him. He has been reportedly not spiral out of control. It has been Rahul Phatangale and convicted in five of these cases. reported that one of the accused in culprits be punished. During his first term as a BJP orchestrating the Bhima Koregaon · PUCL also demands that the Corporator in Pune between 1997 violence, Sambhaji Bhide met the false and motivated criminal and 2002, he had come to fisticuffs S P, S a n g l i a n d g a v e a case filed against Jignesh with a Muslim Corporator over the representation to drop all cases. Mevani and Umar Khalid, construction of Haj house. The impunity with which both the with a clear intention to shift On 4th January2018, police also accused have carried out the the blame from the Hindu filed cases in Pune against Jignesh attacks and the failure of the State religious extremists led by Mevani and Umar Khalid accusing Police to arrest both the accused to Shambhaji Bhide and Milind them of instigating violence and date is a clear indication of the Ekbote, be unconditionally giving provocative speeches, state's complicity. dropped. though they were not even present · PUCL demands that the · PUCL also demands that in Koregaon. Police even denied M a h a r a s h t r a S t a t e attempts to curtail the permission for a public event in Government launch an indivisible constitutional th Mumbai on 4 January 2018, which inquiry into the role of freedoms of speech or was planned for students many government officials and m o v e m e n t o f J i g n e s h days before, wherein Jignesh take action against those Mevani, Umar Khalid and all Mevani and Umar Khalid were to guilty of dereliction of duty. the citizens of India be interact with students. In fact, police The role of the state in immediately stopped. also detained organizers of the allowing non-state players · P U C L c a l l s u p o n a l l program and several other like the Shiv Pratishtan and democratic minded citizens students. other group to stoke and to reject the politics of hate From a consideration of the facts indulge in violence needs to and intolerance and assert underlying the recent incidents, be investigated and action the importance of respecting PUCL expresses its concerns ought to be taken against the d i v e r s i t y, c o m m u n a l regarding the questionable role of erring officers. harmony and peaceful the Maharashtra Government and · P U C L d e m a n d s t h a t c o e x i s t e n c e o f a l l State Police in allowing violence to Sambhaji Bhide and Milind communities and castes. build up and not taking appropriate Ekbote be arrested and an Mihir Desai, Convener, Ad-Hoc preventive action, which could independent probe be Committee, PUCL Maharashtra have ensured that the violence did ordered into the death of ❑

Condolence messages: Prof Vinay Kantha is no more. Our deepest condolences! NAPM expresses its deepest condolences at the sudden demise of Prof. Vinay Kantha on 25th December 2017 at PSRI hospital, Sheikh Sarai, Delhi. Vinay Kantha ji was suffering from non alcoholic cirrhosis of liver and we were hoping for his quick recovery. However, he suffered brain haemorrhage on 17th and could not recover from there. Vinay Kantha Ji was a champion of human rights and National Vice President of PUCL. He was known as a vibrant left liberal intellectual and active proponent of progressive causes including those raised by the NAPM. He will be deeply missed by many activists whom he used to nurture with his deep understanding of social issues. We offer deep sympathies to the family of Prof. Kantha and hundreds of others for whom he was loving figure. Sudha Bhardwaj, Secretary, National PUCL ❑ Dear Friends I have just come to know from a mail of NAPM that Prof. Vinay Kantha is no more. He was a soft spoken, pleasant looking civil rights activist and intellectual. He has made many valuable contributions and suggestions for the better working of the PUCL. We all shall really miss him now. I convey my sincere condolences to the bereaved family of Prof. Kantha. Mahi Pal Singh, former secretary, National PUCL ❑ It is a shocking news and hard to hear untimely demise of Prof. Vinay Kanth, On behalf of all the members of PUCL - Karnataka, convey deep condolences to his family members and friends across India. Y J Rajendra, President, PUCL Karnataka ❑ He shall be missed by us forever! Ram Naresh Jha, Bihar PUCL ❑

PUCL BULLETIN, FEBRUARY 2018 8 Rajasthan PUCL: Press note: 3rd January Jaipur for Aman &Sadhbhavna: Rally Demands cases against MLA Gyan Dev Ahuja and Banwari Lal Singhal and arrests of all accused and conspirators for all killings lynchings Report of the Rally in Jaipur on 3rd January. Savitri Bai Phule Jayanti. "Against Hate, for Peace, Harmony and Justice" Nafrat ke Virudh, Aman, Sadbhavna aur Nyaya ke liye, Rally demands* Arrest of MLAs, killings were put on social media by natural circumstance and the killers Gyan dev Ahuja and Banwari Lal the killer before his arrest. Instantly never be arrested and would the Singhal, for their hate speech making him a Hero of Hate politics. killers of Umar khan be arrested utterances. It was not a mere coincidence that after the bypolls of Alwar. Would Vasundhara Raje as CM, ensure the killing was done on the day that Talim Hussain's killers in.khakhi justice for all those killed due to the demolition of Babri Masjid ever be booked for their crime. lynchings and an end to Targeting happened. A day observed by the The rallyists decided to set up of Muslim. Hindutva forces as Shaurya Diwas. Aman, Sadbhavna and Nyaya Decision taken to form Aman A day to celebrate Hindutva committees at all district and the Committees at District and block domination over Muslims. tehsil levels. They also decided to level and launching Samvidhan In almost all the cases of lynchings do a Constitution yatra in the run up yatras in every city , village in this the culprits were still at large with to Republic day. Along with other month and conclude on 30th complete impunity to the killers. To plans. A resolution condemning the January top it all the hate speech was at its Government of Maharashtra for not On the birth anniversary of Savitri worst with lead being taken by protecting the dalits and letting the Bai Phule, who represented MLAs Gyan Dev Ahuja, who said all Manuvadi forces attack the dalits women's empowerment and a cow smugglers should be shot brazenly which led to the killing of society with equality and justice, dead and MLA Banwari Lal Singhal one Dalit in Koregaon who were Jaipur saw a big rally of people from Alwar too made a statement observing the 200 years since the demanding peace and justice in that Muslims ate reproducing at the defeat of the peshwa rulers in the Rajasthan, bringing an end to rate if 12 to 14 children per family as hands of the Mahar regiment, was lynchings of Muslims. Between they want to out do the Hindus in also passed. April and December series of 5 terms of population and grab the Timeline for the 2017 which was a lynchings of Muslims had taken P r e s i d e n t , P M a n d o t h e r year of horror for Rajasthan was place in the State. SLOGANS in the constitutional seats. No cases had read out to. March saw a near rally included "Vasundhara Raje been filed against them. The rally lynching situation where at the stop hate politics", "Bring justice to demanded booking them for hate behest of one Kamal didi and her all killed in hate politics", speech along with their arrests. goons of the Rashtriya Gaurakshak " S a m v i d h a n Z i n d a b a d , The rally also demanded that mahila dal the staff of Rabbani Constitution Long Live", " peace be restored which consisted Hotel was beaten up, the hotel Sanghwaad murdabad- Death to of arrest of all the accused in all the sealed that night and a false case RSS ideology", "Vasundhara Raje lynching matters including those filed against the Hotel owners that ensure peace now", Arrest the real provoking such killings along with they had fed beef to stray cows. killers of Pehlu Khan, Zafar Khan, making a policy of ending all April saw Pehlu khan a farmer from Umar khan, Talim hussain and targeted violence against Muslims, Jaisinghpur, Nuh in Haryana who Afrazul. Christians and Dalits. died on 3rd of April in Behror, Alwar The rally was organised jointly by Several questions were raised by District when he was brutally Dalit groups, muslim organizations, the rallyists of the CM which attacked by So called Gau citizens organizations, trade included whether the State had rakshaks when he, his sons and unions, student organisations, made a policy of lodging false FIRs t w o o t h e r v i l l a g e r s w e r e womens organization, civil society against cow rearers and dairy transporting cattle just bought from based groups, left parties and their farmers if they were Muslims, at the a cattle fair in Jaipur, back to their organizations. behest of the so called Gau village on 1st April. June saw Zafar It was felt that the State was Rakshaks. Khan killed by safai karamcharis burning in the fire of Hate and the Why did the Government have the and the Nagar Palika Adhyaksh of brutal killing in Rajsamand of agenda of destroying Muslim Pratapgarh as Zafar Khan objected Afrazul by one Shambhu Lal Regar livelihoods in the Mewat area who to women being harassed by them had opened a new chapter in the were only dairy farmers, cow when they were defaecating in the book of Hate. A killing which rearers and agriculturalists. Would open. This was the first Swach shocked the nation as it was a the killers named by Pehlu khan Bharat killings. November saw killing which was video taped and before he died never be arrested. Umar Khan from Ghatimika, then several videos including that Would Pratapgarh's Zafar Khan Kaman, Bharatpur who was of the killing and of justifying the killing be treated as a death due to transporting cattle with two other PUCL BULLETIN, FEBRUARY 2018 9 colleagues attacked with bullets of Afrazul. Baluji from the MKSS, Dashrath and killed near Govindgarh, Alwar. T h e r a l l y e n d e d w i t h a kumar Hinuniya, Ambedkarite His colleague Tahir too got a bullet memorandum being handed over Party. There were about 30 who managed to escape with the to a magistrate on duty at the CIVIL organization who had come driver Javed from the scene of Lines phatak where the sabha together. The meeting was crime. As if the murder was not happened. The CM we were told coordinated by Sumitra Chopra, enough his body was taken 15kms w a s o u t o f s t a t i o n . T h e CPIM and AIDWA and Kavita away on to a railway track so that by memorandum was handed by srivastava, Secretary, PUCL trains running over him, there former MLA Ayub khan from Alwar National. would be no identification of the who wept at the deteriorating Contact persons: Sumitra Chopra person. Only two of the murderers condition in the state. ( 9 4 6 2 1 7 1 9 9 4 ) , N i s h a S i n d h u were arrested and 6 others were at The speaker's included, Suman ( 9 4 1 4 4 4 3 6 0 7 ) , S a w a i S i n g h large, instead those travelling with Devathiya of All India Dalit Mahila (9413200004), Iqbal Siddiqui Umar were in Jail. In the case of (7737509669), Bhanwar Meghwanshi Manch, Iqbal Siddiqui of JIH, (95710-47777), Kavita Srivastava Talim Hussein which also took Rajasthan, Bhanwar meghwanshi (9351562965), Nishat Hussain place on the night of 6th and 7th of the PUCL, Ravindra Shukla, (9829334500) Mukesh (9468862200) December which saw the Alwar CPIM, Nisha Sidhu CPI and NFIW, Basant Haryana (9887767688), Tek police do the job of the Gau Manjulata CPIML Liberation and Chand Rahul (9414238153), Dashrath Rakshaks and killed one Talim AIPWA Trade unionist Harkesh Kumar Hinuniya (9460084593),Harold Hussain the driver of one truck Bugalia, Maulana Hanif of Insaf, Singh, (9829856789), Rashid Hussain which was carrying stray cows, Alwar, NoorMohammed from the ( 8 2 3 3 5 7 5 7 5 7 ) , L a t i f A r c o calling it an encounter. No cases PUCL, Lad Kumari Jain from (9314501325), Abid Khan 950903040, had been lodged in this matter Harkesh Bugalia (9314506344),Tara RUWA, Sawai Singh, Samagra Chand Verma (9783441116), Kailash calling Talim Hussain a cow Sewa Sangh, Ayub Khan, ex MLA Meena (9928136988), Rahul. ❑ smuggler. The last case being that Alwar, Abrar from muslim forum,

Report from Venkatesh Nayak of Commonwealth Human Rights Initiative (CHRI): RTI Reveals- Even After Four Decades, Rules and SOPs Do Not Exist for Ordering Preventive Detentions Under J&K PSA While replying to an RTI admission, J&K Government has prosecution or apprehension of application filed by members of not invoked Section 23 to make any offenders. the J&K RTI Movement (led by Dr. Rule for implementing J&KPSA The RTI application was originally Shaikh Ghulam Rasool), the J&K even after forty years of enactment. sent to the District Magistrate, Home Department, has admitted More than 1,000 detentions Jammu. The Public Information that the State Government has not between March 2016 and August Officer (PIO) of the DM's office made any Rules or Standard 2017 simply transferred the RTI Operating Procedures (SOPs) The RTI reply also revealed that application to the J&K Home under the Jammu and Kashmir 1,003 persons had been detained Department. (Click the 3rd pdf file Public Safety Act, 1978 (J&KPSA) across J&K, for varying periods for the RTI application and the during the four decades of its under this law, between March reply of the J&K Home existence. District Magistrates and 2016 and August 2017 - a period Department at this link: Divisional Commissioners have which included several months of https://drive.google.com/drive/fold been issuing hundreds and turmoil across J&K. The Home ers/1RTLvfV6EPi- sometimes even thousands of Department which is part of the nM5bUpwCqe8VF2Vcszj2K) detention orders every year, under portfolio of departments retained by Contradictory replies from the the controversial J&KPSA, without the Hon'ble Chief Minister, refused districts about Rules and SOPs much else to guide them except to reveal the identities of the under J&KPSA the reports and dossiers prepared detenues, citing Section 8(1)(f) and Members of the J&K RTI by the J&K Police. 8(1)(g) of the J&K Right to Movement and other civil society Section 23 of the J&KPSA Information Act, 2009 (J&K RTI activists filed common RTI empowers the State Government Act). While Section 8(1)(f) exempts applications across all districts of to make Rules to implement this disclosure of information that may J&K in June 2017 with the following law. It is common practice for endanger the life or safety of a queries: Legislatures to delegate powers to person or reveal the source of "1) A clear photocopy of the the Executive to make Rules to information given in confidence to latest version of the Rules provide detailed procedures for law enforcement agencies, Section framed under the J&K Public implementing the bare bone 8(1)(g) exempts the disclosure of Safety Act, 1978 (J&K-PSA); provisions of the laws they enact. information that may impede the 2) A clear photocopy of the Yet, by the Home Dept.'s p r o c e s s o f i n v e s t i g a t i o n , Standard Operating Procedures

PUCL BULLETIN, FEBRUARY 2018 10 (SOPs) that provide guidance to DM Anantnag (one of the worst under Section 6(3) of the J&K RTI the District Magistrate for the affected districts during the Act. The PIO (who is of Dy. purpose of making decisions turmoil) is following a rulebook Superintendent of Police rank) regarding the detention of any for detaining people under replied as follows: person under the J&K-PSA, J&KPSA about which the J&K "1. The latest version of the rules b a s e d o n p o l i c e Home Department is also not framed under the J&K Public reports/dossiers; aware. This office replied only after Safety Act, does not pertain to 3) The total number of persons the RTI applicants filed a first us. It can be had from concerned detained under J&K-PSA from appeal after waiting in vain for the government department or 04 March, 2016 till date and the PIO's reply for the first 30 days. agency. complete list of detenues 2) RTI reply from DM Srinagar: 2. The law in this regard is clear indicating the name, age, The PIO of the DM's office, that subjective satisfaction of parentage, postal address and Srinagar attached a copy of the the District Magistrate is grounds for detention and exact complete text of the J&KPSA to required on the dossier provided place of lodgement of each his reply and advised the RTI to him for making detention. The detenue; applicants to approach the mention of SOP made by you in 4) A clear photocopy of any proper forum, namely Home point No. 02 is factually as wel official document that contains Department for the Rules and the as, (sic) legally misconceived." the procedure for ascertaining SOPs. (See 6th pdf file at this link: (See 2nd pdf file at this link: the age of a detenue under J&K- https://drive.google.com/drive/fold https://drive.google.com/drive/fold PSA when such person is e r s / 1 R T L v f V 6 E P i - e r s / 1 R T L v f V 6 E P i - suspected to be a minor; nM5bUpwCqe8VF2Vcszj2K) nM5bUpwCqe8VF2Vcszj2K) 5) Inspection of all detention 3) RTI reply from DM, Kulgam: In other words, the Budgam orders issued under J&K-PSA The PIO of the DM's office, District Police treated the act of and the related police reports Kulgam attached a copy of even asking questions about the and dossiers related to such Section 8 of the J&KPSA to his existence of SOPs under detenues as on date of this RTI reply, indicating that these were J&KPSA as an affront to their application." all the Rules and SOPs that were power and authority. This is D e s p i t e t h e J & K H o m e being followed while issuing another indicator of the deep Department's admission about the detention orders in that district. levels of impunity that exist non-existence of Rules and SOPs The PIO replied only after the RTI within the administration armed under the J&KPSA, the districts applicants filed a first appeal after with extremely harsh laws like gave contradictory and even funny waiting in vain for 30 days- the the J&KPSA. Home Departments replies to similar queries. Given statutory deadline for the PIO to and Police Headquarters in other below is a sampler of these replies: send a reply. (See 5th pdf file at this States issue SOPs on a range of 1) RTI reply from DM, Anantnag: l i n k : oper ational matters such as A l t h o u g h t h e A s s i s t a n t https://drive.google.com/drive/fold registering FIRs, investigating Commissioner, Revenue is the e r s / 1 R T L v f V 6 E P i - crimes, handling cases of sexual designated PIO for the DC/DM's nM5bUpwCqe8VF2Vcszj2K) assault against women and office, the PA to the DC's office sent 4) RTI reply from DM, Kishtwar: c h i l d r e n , p r o v i d i n g t h e m the reply stating that "the J&KPSA The PIO of the DM's office, counselling services, handling is a rule book consisting upon Kishtwar also attached the text complaints of atrocities against 711 pages and is in binding o f t h e J & K P S A a n d a n dalits and adivasis etc. SOPs are shape. It is not possible to amendment made to this law in issued in order to provide detailed Photostat the book. The Book is 2012 (which prohibits the detention procedures for implementing available at Govt. Press, of persons below the age of 18 statutory provisions or rulings of Srinagar." As regards the SOPs years) to his reply and stated that High Courts and the Supreme issued under J&KPSA, the PA they are the Rules as well. (See Court on specific matters. This is r e p l i e d : " T h e S t a n d a r d 4 t h p d f f i l e a t t h i s l i n k : common practice across other Procedures (SOPs) is a rule book https://drive.google.com/drive/fold States. consisting upon hundreds of e r s / 1 R T L v f V 6 E P i - No detention of minors under pages. It is not possible to nM5bUpwCqe8VF2Vcszj2K) J&KPSA claim public authorities photostat the same. The book is 5) RTI reply from District Police The Home Dept. replied that no available at Govt. Press, Budgam: The Budgam DM's office minors were being detained under Srinagar." (see 1st pdf file at this did not bother to send any reply to J&KPSA. The certificate of date of l i n k : the R TI applicants for 30 days. After birth issued by the competent https://drive.google.com/drive/fold they filed the first appeal, the RTI authority was treated as proof of e r s / 1 R T L v f V 6 E P i - application was transferred to the age. Similar replies were sent by nM5bUpwCqe8VF2Vcszj2K) Budgam District Police, without the PIOs of other DM offices who It appears that the office of the even informing the applicants bothered to respond to the RTI about such transfer as is required applications. No SOPs seem to

PUCL BULLETIN, FEBRUARY 2018 11 have been issued on this subject that empowers the administration International published a detailed either, especially when a detenue to detain a person in order to study highlighting the serious suspected to be a juvenile is unable prevent him or her from committing human rights violations that had to furnish proof of age. certain specific actions. According occurred in hundreds of cases of Lack of responses from several to Section 8 of J&KPSA, a District preventive detentions made under districts and unreasonable Magistrate or a Divisional J&KPSA. orders of the PIO & FAA of the Commissioner may detain any M o t i v a t i o n f o r t h e R T I Home Dept: person in order to: interventions Several districts have not bothered i) prevent him or her from acting in a Deeply concerned by rampant use to send replies even after first manner that may be prejudicial to of J&KPSA in 2016 (during the appeals were filed. Second the security of the State or the turmoil), J&K RTI Movement invited appeals are being filed against maintenance of public order; Commonwealth Human Rights them to the State Information ii) if a person is a foreigner as Initiative (CHRI) to conduct Commission. defined in the Foreigners Act, 1946, sensitisation sessions for civil The Home Department rejected including a person residing in the society activists, lawyers, law an RTI application for information area of the State occupied by students and media-persons on the about Rules and SOPs under Pakistan in order to regulate such provisions of the J&KPSA and other J&KPSA sent to them directly on person's continued presence in the related police procedures. After the ground that the IPO was left State or in order to make understanding the statutory blank. According to Section 5(3) of arrangements for his or her provisions and their human rights the J&K RTI Act a PIO is required expulsion from the State. implications, they decided to to provide reasonable assistance According to the J&KPSA, the submit RTI applications across to an RTI applicant which includes following acts inter alia will be all districts in order to document curing any technical defects in the considered "prejudicial to the evidence based on official RTI application. According to maintenance of public order":- records about the manner of Section 7(1) of the RTI Act, a promoting or attempting to create implementation of J&KPSA. request for information may be enmity or hatred on grounds of Venkatesh Nayak and Shikha rejected only by invoking the religion, race, caste, community or Chhibbar of CHRI conducted the exemptions listed in Sections 8 or region, use of force or making sensitisation sessions and 9 of the J&K RTI Act. Despite the preparations for using force to provided technical assistance to applicants pointing out this provoke or abet or disturb public the group on the RTI procedures. In requirement in their first appeal, order or commit, instigate or incite order to prevent possible the First Appellate Authority of the mischief as defined under Section harassment by the administration Home Department upheld the 425 of the Ranbir Penal Code, all RTI applications were filed in PIO's decision to reject the RTI commit or attempt to commit or groups taking advantage of a 2012 application. More than 60 days instigate or incite or provoke an judgement from the Punjab and have passed since the offence punishable with death or Haryana High Court which permits submission of the second life imprisonment, or an offence such group action in solidarity [Ved appeal. The J&K State inviting punishment of a jail term of Prakash & Ors. vs State of Information Commission has seven years or more where the Haryana & Ors, (2012) 168 PLR not yet fixed a date for hearing commission of such an offence 741] this matter (see RTI applications, disturbs or is likely to disturb public All RTI applications, replies and replies and appeals in the 7th pdf order. appeals cited in this email alert are file at this link: Timber smuggling and abetting a c c e s s i b l e a t : https://drive.google.com/drive/fold such smuggling and other https://drive.google.com/drive/fold ers/1RTLvfV6EPi- related acts were added as e r s / 1 R T L v f V 6 E P i - nM5bUpwCqe8VF2Vcszj2K) grounds for detention under nM5bUpwCqe8VF2Vcszj2K Grounds for detaining any J&KPSA, seven years later, in Please circulate this email person under J&KPSA 1985. Under the J&KPSA, a person widely. Friends in the media may Many residents of J&K believe that may be locked away for a period of kindly note that this email alert is the State Government enacted up to two years on any of the not being shared with anybody J&KPSA during the late 1970s, in grounds listed above, without the exclusively. It is being circulated order to tackle timber smuggling, so right to be produced before a sufficiently in advance during this law does not affect common Judicial Magistrate or hire a lawyer the day so that you may make citizens much. Nothing can be to defend oneself. In recent years, use of this material in your farther from the truth. J&KPSA is the Government itself issues such w r i t i n g s a s y o u d e e m not a substantive criminal law like orders and confirms them despite a p p r o p r i a t e w i t h d u e the Ranbir Penal Code, Svt. 1989 the law requiring every such acknowledgment to the source. which recognises specific criminal detention order to be place before a Yours sincerely, offences. Instead J&KPSA is a law 3-member Advisory Board for Venkatesh Nayak, Programme confirmation. In 2011, Amnesty

PUCL BULLETIN, FEBRUARY 2018 12 Coordinator Hyderpora, Srinagar -190 014, Jammu ""Where a society has chosen to accept Access to Information Programme: and Kashmir democracy as its credal faith, it is Commonwealth Human Rights Initiative, Te l : + 9 1 - 9 4 1 9 0 7 1 2 8 4 ; E m a i l : elementary that the citizens ought to #55A, 3rd Floor, Siddharth Chambers-1, [email protected] know what their government is doing": Kalu Sarai, New Delhi- 110 016; Tel: +91-11- "The people of this country have a right Justice P N Bhagwati, former Chief 43180201/ 43180215; Fax: +91-11- Justice, Supreme Court of India, (1981) 2 6 8 6 4 6 8 8 ; W e b s i t e : to know every public act, everything, www.humanrightsinitiative.org that is done in a public way, by their "Information is the currency that every & public functionaries. They are entitled citizen requires to participate in the life to know the particulars of every public and governance of society": Justice A. Dr. Shaikh Ghulam Rasool, transaction in all its bearing": Justice K P. Shah, former Chief Justice, Delhi and Chairperson, J&K RTI Movement K Mathew, former Judge, Supreme Madras High Courts, (2010) ❑ Malik House (Near Al-Ameen Hospital), Court of India, (1975) Ongoing State Violations of Human Rights in India Must End Pushkar Raj The continued incarceration of Dalit Besides the NSA, the law of espionage against the state and youth leader Chandrashekhar sedition is arbitrarily used against political cartooning on the same Azad Ravan in an Uttar Pradesh jail activists across the country. For pedestal, is incompatible with is symptomatic of alarming human example, Akhil Gogoi, a farmer's democracy. Its continuation means rights violations by the state in leader and social activist was the right to criticize the elected India, made worse by a steady arrested in Assam for sedition and government does not exist, and if emasculation of the constitutional sent to jail in September this year. exercised would invite punishment. institutions meant to protect civil In Tamil Nadu, T. Jayaraman, an Civil liberty organizations have rights. environmental campaigner, was a p p e a l e d t o t h e I n d i a n Ravan, the founder of a Dalit booked in October for sedition for parliament to repeal a law that flies organization, Bhim Army, is publishing a book criticizing the in the face of representative accused of inciting violence in the government of India's project democracy, legal justice, and aftermath of tension between upper interlinking the major rivers of the human rights. caste (Rajputs) and lower caste country that he termed "snatching One glaring victim of human rights (Dalits) resulting in many casualties and selling river." violation by the state is G.N. and the burning of several Dalit And Gujarat police arrested Tushar Saibaba, a severely disabled houses in May this year. He was Bhatacharya from Maharashtra former teacher of Delhi University arrested in Himachal Pradesh in where he has been living for the last who is dying while he awaits a bail June, was denied bail by a lower three years after serving six years hearing, pending his appeal in court and sent to jail. under the Unlawful Activities Supreme Court against conviction After 146 days, the High Court Prohibition Act (UAPA) for which he for sedition and other charges. granted him bail suggesting that it was later acquitted. After his arrest, Ideally, the National Human Rights was a political and therefore illegal Gujarat police described him as an Commission (NHRC) should have detention. However, within 24 absconder in a 2010 case which, intervened on behalf of a "political hours, the government booked say police, now merits a sedition prisoner" who is merely asking for Ravan under the National charge. an early hearing in a court of law. Security Act (NSA) and sent him Sedition conviction could mean The chairman of the NHRC — the back to jail. It will take Ravan at life in prison former chief justice of the Supreme least six months before he gets to Section 124 A of the Indian Penal Court — knows why and against court in a bid for freedom. Code, makes creating disaffection whom anti-terror and sedition The NSA was enacted in 1980 after "by words, either spoken or written, c a s e s a r e f i l e d a n d t h e the Maintenance of Internal or by signs, or by visible consequences. Security Act (MISA) expired in representation, or otherwise," Out of a total of 77,500 persons 1977. MISA was used to jail some t o w a r d s " t h e g o v e r n m e n t arrested under Terrorist and of the members of the current established by law in India" an act Disruptive Detention Act (TADA), parliament and government during of sedition punishable with life only 8,000 were tried; 725 (0.81 per the 1975 emergency. imprisonment. cent) were convicted and some of Protest in 1919 brought The law was introduced in 1870 to them are still believed to be in jail, sweeping crackdown suppress the demand of rights and though the act expired in 1995. The law's roots go back to the freedom in the aftermath of the According to a National Crime Rowlatt Acts that led to the 1857 Indian Rebellion (some Research Bureau (NCRB) 2016 JallianwalaBagh protest and historians call it the First War of report, out of 112 sedition cases massacre in 1919. Currently, it Independence) and later, in 1922, laid in last three years, only two allows the state to detain a person Mahatma Gandhi was jailed for six have led to conviction. There is no on the ground that it is necessary years for sedition. data as to how many prisoners are f o r n a t i o n a l s e c u r i t y a n d The sedition law, besides being a awaiting trial for sedition across the "maintenance of public order." diabolically vague statute that puts country because the NCRB only

PUCL BULLETIN, FEBRUARY 2018 13 began compiling data on section than five years without a court years. Furthermore, 4.15 million 124 A after 2014. Even then, many appearance. cases were pending before 24 high states reported zero cases during Judiciary unable to provide legal courts of the country with 777,630 three years when apparently there justice cases remaining pending for more were people booked under the law. T h e j u d i c i a r y i s s e v e r e l y than 10 years. One example is Tamil Nadu where handicapped and is unable to The Indian criminal justice system the government booked 8,856 provide bare legal justice. To is badly damaged, defying people for sedition in one mass- expect the protection of rights and piecemeal solutions promised by protest incident, but reported zero liberties from the judiciary is like politicians. Only a prime minister cases to the national database. asking an overworked and with the will and the vision can fix it. These people remain in jail for unmotivated doctor to perform The question is: will Narendra Modi y e a r s . T h e N C R B r e p o r t brain surgery in a stable. be that prime minister, or will the documents that 67.2% of the total According to the ministry of law and country have to wait until Rahul prison population — 419,623 — are justice, 26.4 million cases were Gandhi takes over his job? awaiting trial. Moreover, at the end pending in the country at the end of http://www.atimes.com/institutions of 2015, there were 3,599 accused 2014. Out of these, 2.04 million -fail-stop-state-violation-human- who were waiting in jail for more were pending for more than 10 rights-india/ ❑

Statement as given below is issued on current situation at Bhangor: Open Letter to Chief Minister, West Bengal To, been deployed to suppress the Sangharsh Samity from Assam The Chief Minister, people's movement against the who were on their way to attend the West Bengal project through brutal attacks, false same meeting. cases and an undeclared economic Madam Chief Minister, we Madam, blockade for almost a year. earnestly request you to resolve the Women against Sexual Violence We are deeply concerned and ongoing tension in Bhangor by and State Repression (WSS), a apprehensive about the safety of initiating dialogue with Jomi nationwide network of women who the struggling people of Bhangor Jeevika Vastutantro O Parivesh oppose and resist state repression against whom a new wave of state Raksha Committee, which and sexual violence against terror unleashed after your so- represents the people of the area women and girls, strongly called "peace meeting" with the and has been calling for a dialogue condemns your government's anti- local TMC leaders on December on the issues raised by them. We people, anti-democratic actions in 29, 2017. Villages are being also demand withdrawal of all false unleashing state terror against the repeatedly attacked, houses are and malicious cases instituted struggling people of Bhangor. being ransacked, bombs and guns against the protestors. Madam, your misuse of state are being indiscriminately used We urge you to take immediate power to crush a people's against peaceful protestors steps to stop the violence movement is even more ironic, WSS also condemns the violent unleashed by the local leaders of given that you came into power on attack and detention of nearly 100 your party and their goons and re- the promise of a pro-people, democratic activists from Kolkata establish the rule of law and democratic government. Instead, in who were on their way to a public democratic dialogue with the the eight years of your rule, your meeting organized by Jomi Jeevika people. In particular, we demand government has grown ever more Vastutantro O Parivesh Raksha immediate registration of FIRs and autocratic and anti-people. Committee at Bhangor on January criminal prosecution of TMC Earlier you gave your word in the 4, 2018. The activists were stopped leaders like Arabul Islam who are West Bengal Vidhan Sabha that the at Chinar Park and are in illegal openly at the forefront of violent Power Grid Project would not be custody in Beliaghata PS since attacks against the people of set-up in Bhangor against the January 4, 2018. We also Bhangor. peoples' wishes. But the reality is unequivocally oppose and Rinchin, Ranjana, Nisha & that hooligans and miscreants condemn the detention by the STF Kalyani, Coordinators, On behalf owing allegiance to your party have of leading activists of Kisan Mukti of WSS ❑

Please Note: In case of: (1) Change of Address - Always send your old address along with your new address with PIN Code. (2) Money Order - Please give instructions (if any) with your complete address in space provided for communication. (3) Postal Order – Please do not send Postal orders. – General Secretary, PUCL

PUCL BULLETIN, FEBRUARY 2018 14 Triple Tallaq Bill – A Response Rajinder Sachar, former President, PUCL BJP is feeling triumphant that it has criminal and will only have civil mindset of RSS dominated Modi got the Triple Talaq passed in Lok consequences. So also will be the Government is acting under the Sabha making it criminal offence, position in law of Triple Talaq at one mandate of its leader Bhgwat who which is motivated by its communal go after the Supreme Court atrociously said that all persons approach and especially prejudice judgment. born in India are Hindu, a against the Muslims. I hope Rajya Pakistan's law on this subject is mischievous statement which is Sabha where it is in Minority will more progressive. It provides that anti Muslim and anti christen and reject this mischievous legislation. any man seeking to give Talaq to which would be in violation of the The Supreme Court having his wife will have to inform the preamble to the constitution which declared Triple Talaq at one sitting prescribed authority every month unambiguously directs that India is as unconstitutional where is the for 3 successive months. It is only a secular country and thus all have need to make it criminal. Under then that Talaq is recognized as the same rights. Any violation of this Hindu marriage Act law, a Hindu legal. The authority is also directed settled principle would invite can not have more then one wife, to fix maintenance for the wife, and impeachment and dismissal of with the result that the second other facilities. Modi government. marriage is a nullify. This is Having thus declared Talaq at one Rajindar Sachar specially provided by Sec 8(1) of go as void, there is no need for New Delhi: 08/01/2018 ❑ the Act. This has not been made making it criminal. I am afraid the

Caste Adrift Violence at Pune, Mumbai Speaks of Distorted Political Economy, Communities Failed by Political Leaderships Suhas Palshikar* As tensions simmer in many parts there is no upfront recognition of and consequent lumpenisation of Maharashtra, allegations and the cracks that are betrayed by have been afflicting the community. counter allegations continue to be such inter-group violence because As elsewhere in the country, inter- hurled. While the state government the entire focus is on restoration of caste differences and stratifications is on the back foot, allegations of peace and "normalcy". Two, in the among Dalits have also persisted, if incitement by sections close to haste to gain political mileage, not not exacerbated. This situation Hindutva organisations are being much energy is devoted to thinking forces the community to take levelled by Dalit leaders and the about the deeper causes and recourse to assertions of pride and Opposition. A narrative pushed by trends that the violence signifies. status through symbolism. Thus, a the apologists of Hindutva The recent developments in community in search of justice has suggests that Jignesh Mevani be Maharashtra represent the many to fall back upon struggles for held responsible for the flare-up cracks in Maharashtra society. historical memories as much as because of his speech at a rally at Caste mobilisations have marked struggles for material existence. Pune on December 31. At the the politics of brinkmanship. An In the past couple of years, the historic Shaniwar Wada, a fort- eerie normalcy has prevailed and M a r a t h a c o m m u n i t y o f cum-palace that was the seat of the has now been broken. Maharashtra has been mobilised Peshwas, Mevani made a plea The socio-political trajectory of the on an unprecedented scale. This befitting the Ambedkarite legacy, to Dalit community is marked by mobilisation has happened not only end the "peshwai" of both caste frustrations and entrapments. on the roads — through silent d o m i n a t i o n a n d c a p i t a l i s t Sections of Dalit political activists marches across the state — but domination. The word peshwai, in have risen to political prominence fundamentally in the minds of the common understanding, does refer thanks to their alliance with the community, particularly the youth. to Brahmin rule but also has a ruling dispensation, the BJP. But as While many have marvelled at the connotation implying oppressive a community, Dalits routinely fail to political novelty of silent yet vocal and illegitimate domination. make an impact on the political marches that have unsettled B u t t h e a t t a c k o n t h o s e process. There has been a slow political equations, the significance congregating at Bhima-Koregaon emergence of the "middle class" of mobilising the state's single near Pune and the subsequent among the Dalit community largest community on caste basis eruption at Mumbai-Thane has characterised by organisations like has hardly been realised. Thus, we shifted the issue from debate to the Dalit Indian Chamber of h a v e t w o c o n n e c t e d b u t street violence. Violence does not Commerce and Industries (DICCI). contradictory dimensions of the allow two things to happen. One, But joblessness, informalisation Maratha mobilisation: On the one

PUCL BULLETIN, FEBRUARY 2018 15 hand, it has brought to the forefront i n t e r - c o m m u n i t y v i o l e n c e . nationalist (if not anti-national) and the internal stratification within the Maharashtra has been on the boil the Peshwas became a symbol of community; on the other hand, it for some time now and the the national fight against has brought the community provocation at Pune was only a colonialism. Thus, history as together with a sense of pride trigger. memory of struggle against an located in history combined with a This trigger was caused because of unjust social order and history as sense of injury in the present. another long-standing crack in r e a d i n g o f c o n t e m p o r a r y Nowhere have these similar yet Marathi society: The Brahmin vs nationalism into past battles for the contrasting life situations of two non-Brahmin division. The throne confronted each other. l a r g e c o m m u n i t i e s f r o m Brahmanetar politics (of mobilising It would always be an enigma as to Maharashtra been exemplified all non-Brahmin communities how the contending narratives of more succinctly and tragically than against Brahmin oppression) has a history descended on the streets in the bizarre theatre of the contemporary history of over a and by-lanes of Bhima - Koregaon. judiciary. Two cases that have hit century. But the near-withdrawal of But the lesson is clear — when the the headlines in the state had two Brahmins from politics allowed this mirror of memory is cracked, it can distinct journeys. In a case crack to subside for much of the only widen the cracks of the present involving the accused from the Dalit past six to seven decades. During reality. community and the victim a the past decade or so, however, The latest violence has brought into Maratha girl, evidence was assertive mobilisation of the sharp focus three cracks Marathi marshalled to result in conviction Brahmins resumed under the society is made up of. The while in another case where a Dalit auspices of caste-based platforms Brahmin-non-Brahmin crack which youth was killed and the accused of the Brahmins who, apart from the operates at the subterranean level, was from the Maratha community, u s u a l m u r m u r i n g s a b o u t the Dalit-Maratha crack that often prosecution failed to get a reservations on economic basis plays out in a brutal manner and the conviction because most witnesses and about the poor among the divisions internal to caste blocs that turned hostile. The anger over the Brahmins, focused on the tools of ironically strengthen caste rape and murder of the girl became history and memory. Thus, they identities rather than weakening caste-ridden and the frustration often went back to the myth of them. The violence at Pune and over the acquittal of the accused Parashuram who is believed to Mumbai has alerted us to these became a reminder of caste-based have annihilated the Kshatriyas. cracks once again. It has alerted handicap. Neither became an issue Closer home, these mobilisations us, also, to our unwillingness to to prick the civic conscience. This sought to reclaim the glory for the recognise them as cracks leave brought the Dalits and the Brahmin Peshwas — the 18th aside overcome them. And to the Marathas close to an unidentified century rulers. When last month consequences that have costs both brink. Dalit groups were planning the in terms of human lives and the Trapped in the distortions of the commemoration of 200 years of the capacity to argue. political economy and rendered defeat of Peshwa rule at Bhima- *The writer taught political science at rudderless by the political Koregaon, resistance came from Savitribai Phule Pune University, Pune, bankruptcy of their leaderships, g r o u p s w h o c l a i m e d t h a t and is chief editor of 'Studies in Indian both communities inevitably fall celebrating the defeat of native Politics' back upon three things: Mutual Peshwas at the hands of the British Courtesy: suspicion, assertion of caste was a violation of nationalism and http://indianexpress.com/article/opinio national pride. In one stroke, then, n/columns/caste-adrift-pune-bhima- pride/identity and a confrontation in koregaon-dalit-protest-5010559/ ❑ the shadows of history and those seeking to celebrate the fall memory. This is a sure recipe for of the Peshwas became non-

Press Statement of PUCL Tamil Nadu & Puducherry: 19th January, 2018 Note: On 8th January, 2018, noted Tamil of mid-December to mid-January every Andal and hurting the sentiments of poet and lyricist, Vairamuthu, gave a year. While describing the literary Vaishnavites in particular and Hindu speech in a public platform chronicling quality of Andals writing, Vairamuthu community in general. Vairamuthu great Tamil writers and poets from the quoting an academic research paper, expressed regret for making the ancient Sanga period to modern times. refers to her probably being of statement; however the demand was One amongst the prominent women Devadasi origin. The article was later for a public apology. Very orthodox, writers he chose to talk about was Poet on pubished in a Tamil paper. The publicity shunning religious heads were Andal, the only woman amongst the 12 reference to Andal of being from a mobilised to publicly protest against Alvar saints of Srivaishnava faith, in Devadasi family kicked up a major Vairamuthu. Open threats were given South India. Said to have lived in the 7th furore with the BJP, RSS, Hindu threatening personal violence against Century, Andal is famous for 2 works, Munnani, Hindu Makkal Katchi and a him by a number of Hindu majority the Thiruppavai and Nachiar range of other Hindu-religious based groups. At the time of releasing the Tirumozhi,which are still recited to this organisations organising protests PUCL statement, the issue remains day, especially during the winter month condemning Vairamuthu for defaming unresolved with many more groups

PUCL BULLETIN, FEBRUARY 2018 16 getting involved in pro-and-anti Poet Vairamuthu for his depiction of anti democratic forces to instigate campaigns. We are carrying the Poet Andal had taken a vulgar turn communal violence in the state. statement issued by PUCL – Tamil in Tamil Nadu. By instigating P U C L d e m a n d s t h e T N Nadu and Puducherry. innocent people in the name of government to immediately take After carefully studying the text of religious faith, the fundamentalist firm action against the persons who the speech delivered by Poet political forces attempt to exploit indulge in instigating people to go Vairamuthu at Rajapalayam, PUCL this issue for political mileage. for violence by wrong propagation. has felt that Poet Vairamuthu had It is a tragedy many of the people We are afraid that if these kinds of portrayed Poet Andal with great who are taken away by this protests are permitted, then there veneration. In his deliberation, he misguided propaganda are not would be no critical academic had quoted a statement from aware of the exact facts. Only a few contributions from anyone. These another article to enhance his have read the original article and kind of anti democratic protests are interpretation and unfortunately many are blissfully ignorant. Poet nothing but violent way of this reference has been used to Vairamuthu categorically stated suppressing the alternative voices. create a conflict and commotion that he had no intention to T h e s i l e n c e o f t h e s t a t e among a group of people. denigrate the faith of a particular government in this regard would no The quote by him from a research community. Also he said that if his way help to safeguard the article need not necessarily go with article had offended the feelings of democracy. the faith of a group of people. It is some devotees, he had no Whenever genuine democratic quite natural. So there must be hesitation to apologize. But even voices from the common people space for alternate views. after his apology, some fanatic rose for the rights in various other Discourses in public sphere would leaders took advantage of this issues, they were all suppressed always pave way for development situation and provoke the mass not with iron hand by Tamil Nadu of ideas and disclose the kernel only against the poet but also government. But on the contrary, truth at length. We are living in an against the people whoever makes the present State government is age of criticism. Critical reflections any criticism against their faith. This keeping cunning silence to take on any faith should not be taken as is a very dangerous trend which firm action against these divisive an offence against a religion or should be stopped forthwith by the and fanatic forces. To safeguard religious faiths. Indian tradition is State government. the democracy and rule of law, valid for its diverse views and it has Hence, PUCL strongly condemns PUCL demand the Tamil Nadu always given enough space for the open life threat given by the BJP government to take stern action critical interactions from time leaders of Tamil Nadu to Poet immediately against the divisive i m m e m o r i a l . I f t h e r e i s Vairamuthu. PUCL views that this forces. disagreement, scholars used to kind of instigation is against the Gana Kurinji, President, R.Murali, register their dissent through freedom of expression. It is quite General Secretary, PUCL Tamil proper discussions and in their unfortunate that the Government of Nadu & Puducherry ❑ reasonable writings. Tamil Nadu keeps silence on this But the recent protests against very sensitive issue and permits Inciting Mutiny: Are Governments Complicit?1 Major General S.G. Vombatkere* S a n j a y L e e l a B h a n s a l i ' s Bhansali and Padukone. CBFC chief Prasoon Joshi was blockbuster movie Padmavati Padmavati was sent to CBFC for threatened for clearing the film. The raised the hackles of the Rajput certification and clearance. CBFC matter reached the Supreme Court, community across several states, recommended change of title to which ruled that the CBFC who vandalised the film sets and Padmaavat – the name of Sufi poet clearance was sufficient and ruled threatened further violence on the Malik Muhammad Jayasi's ballad that the film should be released. grounds that it distorted the history written in 1540, which reportedly The open threats of violence of Rajput Rani Padmini, and hurt triggered Bhansali's film – along against Padmavati (and later their sentiments. with five modifications, and cleared Padmaavat) did not receive even a Various persons threatened its release. mild rebuke from the state specific targetted violence like The Shree Rajput Karni Sena governments or the central Mahipal Singh Makrana allegedly (SRKS) and other Rajput outfits in government. Rather, the state threatening to cut off Deepika several states were still adamant governments of Rajasthan and Padukone's nose if Padmavati was that Padmaavat should not be Madhya Pradesh (and also released, and Abhishek Som released, and publicly threatened Haryana and Gujarat) banned the publicly announcing a reward of Rs violence at the movie halls which movie in their states, thereby 5 crore to the person who beheads may attempt to screen it. Even kneeling before the violent right-

PUCL BULLETIN, FEBRUARY 2018 17 wing elements. shoulder-to-shoulder in CI Makrana is ignorant of IPC Section Even after the order of the Supreme operations or any other life- 131, he has laid himself open to Court that lifted the ban imposed by threatening combat situations, and prosecution under that Section. four states on the release of face bullets, grenades and bombs The central and state governments Padmaavat, SRKS and other together. (e.g., Rajasthan, Madhya Pradesh, outfits have reiterated their stand of In the Army (as also in the Navy and Gujarat, Haryana, Karnataka, Uttar not allowing its release. Following a Air Force), a soldier refusing food Pradesh) which have seen such petition by the states of Rajasthan as a mark of protest renders him open threats concerning the film and Madhya Pradesh seeking to liable to punishment under Army Padmavatior the CBFC-cleared s t a l l i t s r e l e a s e c i t i n g Act, 1950. Perhaps even more film Padmaavat, need to file FIRs insurmountable law and order serious, is a soldier laying down his against those who have publicly problems, the Supreme Court weapon in a mark of protest. If more t h r e a t e n e d v i o l e n c e a n d directed that the states must than one soldier protests in these disturbance of public order, comply with their earlier order ways, it would amount to mutiny, a instilling fear among the general allowing the release, and deal with very serious offence for soldiers. public to exercise their right to view any law and order problems. Clearly Makrana is unaware of how the film of their choice. More Perhaps the state governments the fighting forces function. Indeed, specifically, Makrana inciting plan to call the army to handle the it is worth considering how a Rajput soldiers of the Indian Army is a law and order situations when they soldier of the times of Rani Padmini cognizable offence under IPC arise. would have been treated if he put Section 131. Most recently, Shree Rajput Karni down his sword or lance as a mark Failure to take cognizance will send Sena (SRKS) leader Mahipal Singh of protest. the message that governments are Makrana is reported to have called Whatever be the validity or weak-kneed and incapable of on all Kshatriya soldiers in the otherwise of Makrana's and other governance, or that they implicitly Indian Army, asking them to boycott protestors' arguments, the support the right-wing protestors their mess food for a day to protest Supreme Court has ruled that againstPadmaavat. It is very against the release of Padmaavat. Padmaavat will be screened. But difficult to believe that governments He also reportedly asked the what remains unaddressed is are weak-kneed, since there has soldiers to "lay down their arms for Makrana's call to "Rajput soldiers" been no hestitation in various state a day" if the government does not of the Indian Army to protest governments filing cases of listen to their demands. ["Boycott against screening of Padmaavat, sedition and of "waging war against mess food to protest 'Padmaavat' by refusing food and laying down the state" against protestors in release, Karni asks Kshatriya their weapons, even if only for a other circumstances. Very sadly, jawans"; The Times of India, Jaipur; day. one is left with the uncomfortable 21 January2018;>]. Whether Makrana knows it or not, feeling that elected governments It is clear that Makrana has little his statements are clear attempts to are taking the side of a vociferous idea about the army and the incite soldiers and seduce them and violent minority of wrong- manner in which it deals with from performing their duty. This is doers, and neglecting their "caste" and religion. The Indian v e r y d a n g e r o u s t o l e a v e Constitutional duty towards the Army is the national icon that it is, unpunished, as it can snowball to silent majority. This is utter failure of precisely because, in its day-to-day others inciting soldiers for whatever governments in upholding the functioning whether on Siachen narrow partisan reason. Section Constitution and performing their glacier, in a counter-insurgency 131 of the Indian Penal Code sworn Constitutional duties. (CI) role, or in a "peace" station, it is concerns "abetting mutiny by a As a parting shot, one can well not politicised into caste and soldier, or attempting to seduce a imagine what would happen if religion. In every army unit and soldier, sailor or airman from his Indian soldiers (including sailors headquarters, there are places of allegiance or his duty". It is and airmen) get politicized and worship of more than one religion or punishable with imprisonment for thereby justify Pakistan's long-held faith, and all unit personnel, life, or with imprisonment for a term erroneous view that India is a Hindu regardless of their military rank or which may extend to ten years, and state with a "Hindu army". individual religious conviction, shall also be liable to fine. 24 January, 2018 participate in all cultural and It is clear that no Indian soldier, 1 "castes" dine together, live in the Officers, will surely treat it with the *Major General S.G.Vombatkere is retired from the Indian Army. same premises, train together, fight contempt it deserves. But even if Courtesy: thecitizen.in ❑

PUCL BULLETIN, FEBRUARY 2018 18 Account for Narmada Water Being Used By All, Provide Details of Jobs Created By Industries Using It1 Khedut Samaj – Gujarat (KSG) the numbers are low then where irrigation and industry. general secretary Sagar Rabari's has all that water gone? We What were the priorities when open letter to JN Singh, chief demand an account of water meant Gujarat pleaded its case before secretary, Government of Gujarat, for us. Tribunal and Supreme Court? and SS Rathore, chairman, Sardar If Industries are being supplied only When was it changed? Who Sarovar Namada Nigam Ltd 0.20 MAF, why did Mr BN changed it? When was it discussed (SSNNL) regarding their press Navlawala, then adviser to the chief in the Assembly? conference on Narmada water, minister, disclose the figure 0.25 Can you and the Chairman say on dated January 22, 2018, which, he MAF to industries in 2014 in a affidavit that not a single industrial says, "raises more questions than it conference in Mahatma Mandir? unit is drawing water from the canal answers": Was he misleading then or is the illegally? We have noted the contents of your Chairman misleading now? Is the water supplied to small or big press conference. Earlier, I wrote We also want the following data: industries legal? an open letter about Narmada How much water (the exact How much quantum of water is lost waters to the chief minister, a copy quantity) SSNNL is releasing in the to evaporation? of which was sent to you too. We Sabarmati River Front? How much If there is transparency in the e x p e c t e d t h a t y o u r p r e s s land can be "potentially" irrigated present government, why is this conference would put out some by that quantity of water? data not available on the SSNNL data on the availability and usage of How much water does SSNNL website? the Narmada waters in the public supply to Kensville Golf Course? Can we jointly check entire canal to domain, a demand that we had How much of irrigation "potential" find where the pipes fitted during raised; you mentioned no such does that carry? canal construction reach? Let us thing. How much water does SSNNL check it! You have not mentioned how much supply to Shantrigram? Who We not only demand water, we water is being supplied to industry; bypassed the engineer's advice d e m a n d t r a n s p a r e n c y i n the way various industries and and overruled the decision to not accounting of water, money spent, special purpose vehicles (SPVs) supply water to Shantigram? How e m p l o y m e n t g e n e r a t e d i n mention their water usage, it is hard much land can be irrigated by that industries that use Narmada water to believe the figure that the water? and water distribution and Chairman of the Sardar Sarovar What about Gujarat International management. We request you not Narmada Nigam Ltd (SSNNL) Finance Tec (GIFT) City? How to harass farmers; we are aware of stated, i.e. only 0.06 MAF! Which much water does it consume? the massive police force at your water are industries in Jamnagar How many Gujarat Industrial disposal to threaten farmers and and Kutch using? How can anyone, Development Corporation (GIDC) your ability to summon more especially farmers, be expected to estates and which big industries paramilitary forces too but, trust your words? are getting Narmada water? Why ultimately, this is not good A perusal of the data on rainfall in did not you reveal it at the press g o v e r n a n c e , w h i c h t h i s the Narmada basin (available on conference? We need to know the government and administration Narmada Control Authority [NCA] names and quantity of water; claim to be. Every threat by website) does not show much please enlighten us. government/SSNNL reminds us of deficit. How much water does Coca Cola the World Bank warning of Water Water distribution was: 1.06 MAF get from Narmada water? How Wars! Please avoid it. for drinking water use; 0.20 MAF for much land can be irrigated by that The state has brute force at its industrial use and 7.74 MAF for quantity? disposal; we too have a non-violent agriculture use for 18.45 lakh We, as a farmers' organization, force, we can invite our brother hectares (ha) of land. Have we request you not to mislead real farmers from other states to irrigated 18.45 lakh ha of land for masters (the people) to please the p a r t i c i p a t e i n n o n - v i o l e n t Kharif and Ravi crop? How much nominated masters (the political Satyagraha to lift water from canal. land has been irrigated? bosses). If you are true to your Even Amnesty International and Why have both of you, yourself and calling then: International Human Rights Chairman of SSNNL, failed to Release the data on Narmada Commission too can witness what provide details of area, crop and water – availability and usage for brute force government uses on quantity of water for both crops? If each head – drinking water, farmers in Gujarat. We have not

PUCL BULLETIN, FEBRUARY 2018 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 February, 2018 at New Delhi PSO Date of Pub.: 27-28 January, 2018

forgotten that brutal lathicharge on We believe that both of you have Sanand farmers demanding water nothing to hide, so do please last year. release the data that we are Let us reassert: Come clean with demanding., and come come clean true figures; if you want to, we can with an account of every drop of debate all issues related to Narmada water used before and Narmada water in the presence of after the election. the media. I hope these questions will be Please do not compel us to lift water answered in the larger interest. from Narmada canal. Narmada 1https://counterview.org/2018/01/24/ac water is farmers' right, not theft. count-for-narmada-water-being-used- Farmers are not thieves; institute by-all-provide-details-of-jobs-created- Founder : Jaya Prakash Narayan inquiries into the accounts and by-industries-using-it/ @ 24Jan2018 ❑ President : Ravi Kiran Jain doings of the real thieves. Courtesy: Counterview.org General Secretary : V. Suresh Treasurer : Surendra Kumar Vice-Presidents : Binayak Sen, PUCL Announces the Publication of the Compilation of G. Saraswathi (Ms.), N.D. Pancholi, Judgements of the Supreme Court in PILs filed by the PUCL P.B. D’sa, Radhakant Saxena, Sanjay Parikh. Secretaries : Kavita Srivastava (Ms.), Taking Human Rights Forward Nishant Akhilesh, Rohit Prajapati, People's Union For Civil Liberties (PUCL) Sudha Bharadwaj (Ms.), Vandana Misra (Ms.), YJ Rajendra Judgments Organising Secretaries : Ajay T.G., Arjun Sheoran, Nishat Hussain (Ms.), Ramashray Pd. Singh.

V. Suresh, General Secretary, PUCL, on behalf of People's Union for Civil Liberties; Printed at: Royal Offset, 489, Patparganj Indl. Area, Delhi-92; Published at: 270-A, Patpar Ganj, Opp.Anand Lok Apartments, Mayur Vihar-I, Delhi 110091; Editor: V. Suresh.

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PUCL BULLETIN, FEBRUARY 2018 20