Vol. XXXVI, No. 5 ISSN-0970-8693 MAY 2016 Rs. 10 Whither Human Rights? EDITORIAL : Whither Human Rights? (1) The first four months of 2016 have seen an extremely worrying trend of ARTICLES, REPORTS & DOCUMENTS: brazen disregard for constitutional values and human rights exhibited by President's Rule in Uttarakhand – Its Various the ruling BJP dispensation both in the Centre and also in the different Aspects - Rajindar Sachar (2); Police State - states that they rule. Starting with the carefully planned, diabolically Pavan Dahat (4); SC Spotlight on orchestrated and specifically targeted attack against progressive Chhattisgarh Rights Abuses (7); Is students of JNU in February, 2016 to the virulent and polarising Chhattisgarh a 'Police State' of Democratic India? - Pushkar Raj (8); Legal Framework to campaign on “nationalism” versus “anti-nationals” and dubbing of Affirm Rights of Transgender Persons - anyone who did not agree to say “Bharat Mata ki Jai” as traitors, the entire Gowthaman Ranganathan (10); Was Afzal spectrum of groups forming part of the Sangh Parivar, ranging from the Guru a Martyr Or a Militant? JNU Students RSS to the ABVP to the BJP itself, the politics was very clear: push were debating a Question that Law Can't - through a divisive discourse, create and expand cultural, political and Nandita Haksar (14); Gujarat PUCL: Timely communal schisms, strengthen the basis for “hate politics” and unleash placement of CAG Report on the table of the violence, both overt and covert. As the events following the suicide of Legislative Assembly (16); Reservation for All Dalit scholar Rohith Vemula in Hyderabad and the student unrest in or Reservations for None: Patels Put the Government in a Dilemma -Aakriti Thakur (16); Hyderabad Central University showed, the BJP showed that they were Industrial Corridors: A New Ploy to Plunder not averse to using the caste card too, in their bid to divide, politicise and Resources and People's Sovereignty (20). control politics. In Chhattisgarh, both veiled threats and violent attacks were launched PRESS STATEMENTS, LETTERS, AND on a group of young women lawyers who are part of the Jagdalpur Legal NEWS: Amnesty International: Blackout in Aid Group (JAGLAG) providing legal aid to hapless and helpless adivasis Bastar - Human Rights Defenders under in Bastar region of Chhattisgarh caught in the middle of the ongoing war Threat (6); PUDR Letter: Open Letter to the launched by the State Government against the Maoists. The provision of CJI for Immediate Intervention into Physical legal aid to hundreds of adivasis from interior areas, suffering illegal Attacks and Eviction drives against Women Activists (9); PUDR Press Statements: (1) arrests and false prosecutions and languishing in jails and prisons for Condemn Police Brutality on Students and years on end, was not acceptable to the police and state government. A Teachers in University of Hyderabad (12); (2) similar fate befell Malini Subramanian, a doughty journalist reporting Stop Surveillance and Harassment of from the badlands of Bastar region and Bela Bhatia, a reputed scholar Kashmiri Students! (13); PUCL Chhattisgarh: writing on events in the Bastar region. The sheer scale of aggression and Press Statement on killing of An Old Woman violence sadly ended up in forcing the lawyers, journalist and scholar – all Muchaki Hidme (18). women - out of Bastar. Of concern, is the role or rather non-response of the political parties and equally importantly, of the judicial system also, in the face of open and brazen lawlessness exhibited by ruling party cadres, their affiliated units and the government itself. In Delhi, in the eye of full media glare, BJP's Delhi MLA OP Sharma brazenly assaulted Ameeque Jamei, a CPI leader outside the Patiala House courts complex; a team of 6 senior and reputed lawyers, sent by a Supreme Court bench to monitor and report on violence against Kanhaiya Kumar, President of JUNU Students Union inside the court premises, was itself attacked by persons wearing lawyers attire; the threatening language used against the senior Advocates' team and violent assault were filmed and submitted as evidence. Yet the Bench showed reluctance to firmly and immediately act to haul up the assailants or even to censure the police, who stood aloof watching the mayhem created by ruling party lawyers and others, inside 408

PUCL BULLETIN, MAY 2016 1 court premises. A firm and defence. The only weapon they assault was the dismissal of the immediate response from the court used was the Constitution of India Congress led- Uttarakhand that such lawlessness will not be and the laws of the land. Even the government by the Central countenanced would have sent police do not allege that they used Government which imposed clear signals to the ruling party men anything else other than the law, in President's rule on 27th March, that the long arm of the law will their efforts to safeguard the 2016. Although at the time of going catch up with them thereby acting fundamental rights of the adivasis. to press, the Uttarakhand High as a deterrent to future trouble The attack on them and preventing Court has struck down the mongers. Despite the fact that them from offering legal services is Presidential Order imposing these acts of violence committed by not only a violation of their President's Rule in the state, the lawyers were publicly telecast in fundamental rights but also a issue of abuse of power by the BJP `real time', the Bar Council also did brazen assault on constitutional government at the centre does not think the issue was serious values, rule of law and the basic raise worrying issue of their respect enough to launch immediate and structure of the constitution itself. for constitutional ethos and values. firm action against the said lawyers. What is equally of concern is that All these incidents highlight the Even though some token action despite the widespread reporting of important role that the citizens of was launched, the message that the attacks on these women the country in general, and the went through was clear: ruling party lawyers and preventing them from human rights organisations, in members enjoy impunity and can providing legal aid to adivasis, the particular, have to play in the get away with the most flagrant of higher judiciary has not intervened coming months as sentinels of violations of law. to uphold the primacy of the Indian democracy. Eternal vigilance is Similarly the hounding out of the constitution and the hallowed indeed the call of the day, if rule of women lawyers of Jagdalpur Legal principle of `rule of law'. The law, fundamental rights and Action Group (JagLAG) from professional body of lawyers too is directive principles of state policy Bastar also raises fundamental conspicuous by their lack of have to have any meaning and issues of constitutional importance. response to these open assaults on substance for ordinary Indians. The lawyers were providing legal constitutionalism. The political We carry an article by Justice aid to some of the most parties also stand out in the Sachar on the imposition of impoverished of people in the entire absence of condemnation of the President's rule in Uttarakhand country and were thus performing a action against the lawyers, as also which was written before the verdict constitutional imperative. Their the journalist and scholar or in of the Uttarakhand High Court being forced out of Bastar is not demanding accountability from the quashing the imposition of merely an issue of physical Chhattisgarh government and President's rule. We carry the violence but also being prevented police to the lawlessness prevailing article in view of the important from performing a constitutional in the state. issues raised. We also carry a duty of providing legal aid and Of a different type of constitutional number of other articles on the situation in Chhattisgarh. ❑

The President's proclamation on Uttarakhand and the way the matter has been dealt raises delicate question of the functioning of constitutional bodies. Justice Rajinder Sachar has dealt with some aspects of it in this article: President's Rule in Uttarakhand – Its Various Aspects Rajindar Sachar The imposition of President's rule, Government to dismiss the plea that the party had lost article 356 of the constitution on the Namboodiripad Government (no confidence because in the recommendation of the BJP doubt pressurized by Indira parliamentary election Congress C e n t r a l G o v e r n m e n t , i n Gandhi; I have it on the authority of lost disastrously which plea the Uttarakhand State governed by Justice Krishna Iyer who was a Supreme Court rejected outright. Congress has again revived the Minister in Namboodiripad Similarly the Supreme Court debate held even during the Government and had met Nehru to rejected the action of Central Constituent Assembly debates dissuade him to do so) was Congress Government when its about the propriety of such a amongst the first blow on Provincial Governor Mr. Buta Singh dismissed provision. Broadly one can make a Autonomy. the opposition ruled Bihar safe assertion that it has been often Another important case of Governments (in this case Ex misused by whichever party was in dismissal was in 1977 when Janata Congress Law Minister HR government at the Centre. The Government dismissed Congress Bhardwaj made the sensational reluctant resort to it by the Nehru states Governments on the puerile public disclosure that he had been

PUCL BULLETIN, MAY 2016 2 asked to influence Supreme Court I feel that apart from moral grounds, court later on – (after all no one Judge about it, but he refused to do Congress Committed a grave should object all proceedings being so, and thereafter was black listed mistake in persuading the speaker televised as parliamentary by Congress High Command). The to disqualify Bahuguna and others proceedings are televised every S u p r e m e C o u r t h e l d t h e not only after the President had day). Thereafter the Division Bench proclamation illegal. imposed President's rule instead of could deal with the matter. But the Presidents rule in relying on Anti Defection law which There is another unusual novel way Uttarakhand is a mixed bag, provides an easier course by for Congress to act. Under article brought up and acted queerly by resorting in 10th Schedule of the 356 of the constitution the both the main parties, Congress Constitution which provides that; notification would cease to operate and BJP. A resume of facts leading A Member of a house belonging to after expiration of 2 months unless to the President's rule shows the any political party shall be before the expiration of that period ugly face of both parties. disqualified for being a member of it has been approved by resolutions Uttarakhand assembly has 70 the house ---. of both houses of parliament. members. Before suspension If he votes or abstains from voting in At present the opposition is in Congress had 36 members such house contrary to any majority in Rajya Sabha. If supported by 6 independent MLA direction issued by the political Congress can rely on its colleagues (total 42). Then gradually 9 party to which he belongs…..Thus why not give an embarrassing slap Congress MLA led by Bahuguna if rebel Congress MLA had voted to B.J.P. in this Constitutional formed a separate group and against the budget or even matter and let B.J.P. face public announced their intention to vote abstained they would have been ridicule. Of course it is a different against Rawat. Earlier one B.J.P. legitimately disqualified. Further matter if there are chinks in the member had crossed over to clause 9 provides that a decision of opposition – in which course Congress – BJP asked speaker to Speaker shall be final. Further naturally we will have to await for disqualify him but speaker refused clause bars the jurisdiction of the the decision by the Division Bench to do so. During budget debates the Court. But now things have gone to sort out this ugly mess. Speaker of the Assembly even b e y o n d t h e S p e a k e r . The matter is now in Court. My one rejected a valid request for division Disqualification after Presidents still hope that both the parties who of votes and instead declared it rule is a nullity, apart form the fact have disgraced themselves at the passed. that no voting in the Assembly was b a r o f p u b l i c o p i n i o n f o r On 26th March night the Central allowed by the speaker, and hence encouraging defection and equally G o v e r n m e n t r e c o m m e n d no charge against Bahuguna and resorting to money power and have President's rule which has been others for defection can be levelled given bad name to politics, show accepted. I must frankly admit that against them. some remorse and make a joint neither the Congress nor BJP has The matter was naturally taken to request to the President and come out clean. BJP effort at High Court where single judge Election Commission to hold new encouraging defection of Congress without issuing a notice to central election to the assembly within MLA shows that main parties in government passed an ex-parte three months or so. If they don't their lust for power are willing to order fixing the date for a floor test show that mutuality, may be the break all moral rules. Let me quote to be held in the Assembly. Such a court in its wisdom could so direct what an MLA should do if he is strange order had to be stayed by so that an unpleasant of chapter of going to join another party. In 1946, the Division Bench, which will now public chicanery can come to an Acharya Narendar Dev of Socialist hear both the parties on the next end at the earliest. Party, when it was still in the date. Postscript: On Thursday, 21.4.2016, Congress was an Congress MLA I may in this connection mention a the Uttarakhand High Court quashed from U. P. Assembly. When precedent in the U.P. Assembly, on the Union Government's order imposing President's Rule on the state Socialist Party decided to come out a matter of confidence vote, the th of the Congress, Acharyaji, whom Supreme Court dealt with it in a on 27 March, 2016. As the Hindu Gandhiji had even wanted him to reported, the situation must be viewed most novel way. It allowed debate “on a larger canvas of democracy, take over as Congress President, in the Assembly but directed the federalism and the rule of law”. A floor without any hesitation following proceedings to be televised so as to test to prove majority has been ordered moral stand resigned his seat and avoid any wrong presentation of on 29th April, 2016. It is most certain that fought election again on Socialist what happened in the Assembly, of the Central government will move the Party ticket, though he lost. course subject to the order of the Supreme Court against the High Court's ruling. Editor ❑

PUCL BULLETIN, MAY 2016 3 Courtesy: Frontline, Print Edition, 29.4.2016 Police State1 Pavan Dahat In March 2011, a group of Special in major towns like Jagdalpur, ray of hope for thousands of tribal Police officers (SPOs) and Dantewada and Bijapur.” people locked up in different members of the anti-Maoist When asked for reasons for the overcrowded jails of Bastar. This vigilante group, Salwa Judum, worry, one of them replied: “The was followed by an attack on tribal attacked the convoy of social entire Salwa Judum network, its activist and Aam Aadmi Party activist Swami Agnivesh at leaders and SPOs have been given leader Soni Sori with an acid-like Dornapal town in Sukma district, a new lease of life by some officers substance on February 20. Some when he was trying to fetch help to heading the Bastar police, and the self-proclaimed journalists and three villages allegedly attacked former Judum guys are back with leaders, close to senior police and ransacked by security forces their self-proclaimed anti-Maoist officers posted in Jagdalpur, and SPOs. A Jagdalpur-based armies under different names.” formed various WhatsApp groups television news reporter who The reporters' fears came true in and began a scurrilous campaign accompanied Swami Agnivesh that less than a month. A police team against everyone raising the issue day recounted the horror many asked the freelance journalist and of alleged fake Maoist surrenders years later, when he was the former head of the International and alleged fake encounters. bureau chief of a regional news Committee of Red Cross in Those who questioned the police channel. “A huge mob, armed with Chhattisgarh Malini Subramaniam version were branded as Maoist lathis, stones and traditional why she was visiting the forests and sympathisers. Journalists and weapons, was marching towards writing about tribal issues. activists speaking out against the us. Some of them were hiding AK- On February 7, a group of around atrocities on Bastar's tribal people 47s and SLRs. As the mob neared 20 men gathered outside Malini were forcibly added to these our convoy, stone throwing began. S u b r a m a n i a m ' s h o u s e i n WhatsApp groups and abused. The mob was not even ready to Jagdalpur where she lived with her The self-proclaimed vigilantes listen to a senior police officer who 14-year-old daughter. The group were successful in trapping a was sitting inside the vehicle of was furious over her reports fearless journalist from Dantewada Swami Agnivesh. I tried to film the regarding “fake” Maoist surrenders, named Prabhat Singh. Prabhat attack with my small camera but “fake” encounters and “alleged” Singh had been critical of S.R.P. soon realised that some of the atrocities on tribal women by the Kalluri, Inspector General (I.G.) of protesters were coming after me security forces, and chanted Police for Bastar range, and had with big stones. I can still feel the slogans. Next day, her house was reported many police atrocities in terror of that day. One of them pelted with stones and her car was Dantewada. He was arrested for a carried a big stone and walked damaged. The police took two days sentence he posted on a WhatsApp alongside me, abusing. I could see to register a complaint. According group about someone sitting in the death in front of me but did not react to Chhattisgarh Home Minister Ajay lap of “mama”. A complaint was and kept walking back slowly to our Chandrakar, a complaint was registered under Section 67 of the vehicles which were moving back registered against unknown Information Technology Act, and towards Sukma. Luckily, he did not assailants and investigation was according to Singh's brother, he throw the stone and I managed to on. The Home Minister used the w a s a b d u c t e d b y s o m e get into the vehicle and got back to words “unknown assailants” plainclothes policemen in a Scorpio Sukma.” despite Malini Subramaniam vehicle. According his lawyer, Such excesses were common identifying three people belonging Singh was tortured all night in during the heyday of Salwa Judum to a self-proclaimed anti-Maoist police custody. and they were well documented vigilante group active in Jagdalpur, Next day, Dantewada and and reported by the English press, called the Samajik Ekta Manch Jagdalpur police suddenly realised which led to petitions in the (SEM), one of them a nephew of the that there were “grave offences” S u p r e m e C o u r t a n d t h e local Bharatiya Janata Party (BJP) registered against Singh a year subsequent ban on Salwa Judum MLA. ago. He was produced in court with and SPOs in 2011. Soon after, in what appeared to be four cases against him and was In January this year, four a coordinated move, the landlords sent to judicial remand. On March Jagdalpur-based journalists were of Malini Subramaniam and 26, Deepak Jaiswal, a journalist visibly worried when they told this Jagdalpur Legal Aid Group (Jag with the local Hindi daily Dainik correspondent in Raipur that the LAG), a team of lawyers providing Divyashakti and a close associate situation was “going from bad to free legal help to undertrials in of Singh, went to the Dantewada worse. What used to happen in Chhattisgarh, asked them to vacate court to witness the proceedings in Dornapal, Bijapur and Karkeli their houses and forced them to his case. The Dantewada police during Judum days will now happen leave Bastar, diminishing the last woke up to a case filed against

PUCL BULLETIN, MAY 2016 4 Jaiswal in 2015 and swiftly arrested “urban network of sympathisers” people and who the people they him and sent him to jail. The fault of and speaks only to “nationalist met were. The local people of these two journalists was that they media”. Bastar were agitated over wrote and reported independently With Kalluri as the Bastar police [JagLAG] and the law and order and did not buckle under police chief, former members of the situation could have been pressure. With the arrest of Singh, banned Salwa Judum have formed threatened.” When asked about the every journalist based in Bastar is a “Vikas Sangharsh Samiti” (VSS) eviction of Malini Subramaniam, he scared to write even a sentence termed as Salwa Judum 2, led by said, “There is the PLGA [People's against the police. C h a v i n d r a K a r m a , s o n o f Liberation Guerilla Army] and there On March 26, Bela Bhatia, a social Mahendra Karma, the Congress is also an overground Maoist activist and researcher and the leader who played the main role in structure. I am beating their PLGA partner of well-known economist organising Salwa Judum in 2005 inside the forest, so why should I Jean Dreze, who resides in a and was killed by the Maoists in worry about Malini Subramaniam village eight kilometres from 2013. and JagLAG?” Jagdalpur, was told to leave Bastar When national media started Kalluri controls everything in Bastar by members of a vigilante group reporting on it, Kalluri said: “When now, from the administration to the and policemen. we speak to the Maoists or their Police Department, and has been Meanwhile, a “rumour of the supporters and NGO intellectuals involved in confrontations with possibility of a journalist getting about the killings carried out by the almost every human rights activist killed in cross-firing” is being Maoists, they ask you to look into and journalist in Bastar in the last spread in Bastar these days, the history of political vacuum. The six months. He shares a good apparently to scare the national Maoists have more supporters than rapport with all former Salwa media from coming to Bastar and opponents. The VSS is an effort to Judum leaders, including P. Vijay, reporting from the ground. Almost fill that vacuum, but the national Sattar Ali, Madhukar Rao and the every human rights group, lawyer, media termed it as Judum 2. This family members of Mahendra journalist and political worker who fight does not mean killing and Karma. questions the police version of the raping. It's a big initiative. The Officers who had been critical of happenings in Bastar is either out of media from outside is hell-bent on him were removed from the anti- the district or in jail. defaming us. My personal opinion naxal wing of Chhattisgarh one by When asked about the current is that the VSS is not wrong.” one. The list includes former Anti situation of Bastar, a senior At a press conference organised Naxal Operation (ANO) I.G. politician from the region said: “This outside the house of Mahendra Deepanshu Kabra, former ANO is just the continuation of Salwa Karma, Kalluri shared his thoughts Additional Director General R.K. Vij Judum or you can call it Salwa on the group. “Even Salwa Judum and former Bastar Superintendent Judum 2. But this time you won't was not wrong. It was also an of Police Ajay Yadav. Another pet find anything on paper. No attempt to bring peace [to Bastar] project of Kalluri is the SEM. registered organisation but loosely by peaceful means. Unless the According to the Editors Guild of formed vigilante groups in order to VSS doesn't do any wrong, they India's recent fact-finding report have an escape route if the case have full rights to work here. What from Bastar, the SEM is an informal comes up in the higher judiciary.” wrong did Salwa Judum do? What but controversial organisation in There is a common link to the 2011 was Salwa Judum? All the tribal Jagdalpur. attack on Swami Agnivesh's people and leaders of this area who T h e r e p o r t s a y s : “ T h e convoy near Dornapal, the were exploited got together against administration calls it a citizen's ransacking of three villages in Maoist exploitation. Outsider forum and claims that people from Sukma and the current crackdown Maoists are coming here and all walks of life are members of this on social activists, independent exploiting people. The people of organisation. The Collector of journalists and human rights Bastar never asked for Maoism. Jagdalpur, Amit Kataria, said that lawyers in Bastar: Shiv Ram When the case on Salwa Judum many religious organisations are Prasad Kalluri. In March 2011, as was going on in the Supreme Court, also part of it and they are against Special Superintendent of Police our people could not present our the Maoists. But many journalists (SSP) of the then undivided case properly. I wasn't posted in call it the urban version of Salwa Dantewada district, Kalluri, who Bastar then. But if someone goes Judum. They, however, did not was the most controversial officer against the VSS in the court now, I want to oppose it openly. They said in the State, was unceremoniously will answer.” off the record that the Manch is removed after the two incidents. He Reacting to the eviction of JagLAG, sponsored by the police and it takes has been Inspector General of Kalluri said in a press conference in its orders from the police Police of Bastar range since July Raipur: “I am not calling them headquarters. The fact-finding 2014 and openly supports Salwa Maoists but if you verify the jail team met one of the coordinators of Judum, calls himself the biggest records, just see how many times this organisation, Subba Rao, to enemy of the Maoists and their they [JagLAG] have gone to meet understand the working of the

PUCL BULLETIN, MAY 2016 5 SEM. He introduced himself as States. The rule is clear: “If you are editor, requesting anonymity. editor of two dailies, one morning not with the police then you are a Despite having his entire and the other published in the Maoist.” Unlike in the time of Salwa department against him, Kalluri is evening. When asked whether his Judum, when people were forced to thriving in Bastar because no other main occupation is journalism, join rehabilitation camps, an I.G. wants the posting. According to Subba Rao was candid enough to atmosphere is being created in an I.G.-level officer posted in explain that he is basically a civil Bastar to force people to give up Chhattisgarh, Kalluri is more active contractor and he is working on their land and migrate to other against people like Soni Sori and some government contracts. The parts. Huge claims are made about against JagLAG than in carrying fact-finding team met more than a construction of roads and other out anti-Maoist operations. The dozen journalists in Jagdalpur, but infrastructure, but extremely slow recent Maoist attack on a Central he was the only (so-called) development can be witnessed on Reserve Police Force (CRPF) team journalist who claimed that he had the ground, with unaccountable in a civil locality of Dantewada never experienced any pressure funds shown as having been spent district of Bastar, which resulted in from the administration. His on Bastar. the killing of seven CRPF men, puts statements about the arrested According to a senior editor of a a big question mark on Kalluri's journalists were the same as the Hindi daily in the State, Kalluri's claims of controlling and confining administrations. He termed openness to willingly accept all the Maoists to a relatively small area. Santosh Yadav and Somaru Nag negative publicity is beneficial for According to a bureaucrat, the as informers for the Maoists. He the government. Kalluri openly tells Chief Minister will find it difficult to said that what Malini Subramaniam people that he has been “directly continue with Kalluri for a long time. was reporting was very biased and appointed” by Prime Minister “The State is one of the financially was glorifying Maoists and painting Narendra Modi and enjoys the full better-managed ones in India. a picture of the police as exploiters. backing of National Security There have been no communal He denied that SEM was behind the Adviser (NSA) Ajit Doval. But the incidents since the formation of the attack at Malini's residence.” fact is that his own Police S t a t e . E x c e p t t h e M a o i s t The main focus of Salwa Judum Department is against him. “Three insurgency in Bastar, Chhattisgarh was on evicting people from their powerful bureaucrats, Home is perceived to be a start-up-and villages to clear the land for Secretary B.V.R. Subramaniam, investor-friendly State. However, projects. Now a different policy is Chief Secretary Vivek Dhand and the government of the day can't being applied. Entire villages are Director General of Police A.N. afford to have negative publicity for asked to come to the police station Upadhyay, are shielding him for a long time,” he said. But a senior for some programme or the other their own benefit. These three have leader from Bastar, who is no more and a propaganda is made out of managed to influence the Chief active in politics, said: “Officers will “large-scale Maoist surrenders”. Minister about the great work come and go, but what about some Since Kalluri took over as Bastar Kalluri is doing in Bastar. The Chief monsters who have been set free I.G., more than 700 “Maoists” have Minister has been told that Kalluri is now? Can they be controlled even been shown as surrendered being unfairly targeted because he after those who created them leave Maoists. But most of them have is going after the Maoists. But if you Bastar for good?” gone back to their villages in the look at the Maoist insurgency in the 1 http://www.frontline.in/cover- interior parts of Bastar and are national context, it is losing its story/police-state/article8465618.ece living in fear of the Maoists. Many sheen in every State and not just @ 21.4.2016 ❑ are migrating to neighbouring Chhattisgarh,” said the senior

Amnesty International India: Press Statement, 18.4.2016, New Delhi “Blackout in Bastar: Human Rights Defenders under Threat” Over the last six months, human attacked and locked up for “Even worse, the police have rights defenders in Bastar, investigating excesses by security themselves arrested journalists on Chhattisgarh have faced a forces and seeking justice for trumped-up charges. The ominous relentless crackdown by the police human rights abuses. message the state government is and self-styled vigilante groups, “Over and over again, Chhattisgarh sending to defenders is clear: shut leading to a near-total information authorities have stood by and up or face the consequences.” blackout in the state, Amnesty watched as their critics are Four journalists – Santosh Yadav, International India said today. intimidated and attacked by groups Somaru Nag, Prabhat Singh and 'Blackout in Bastar: Human Rights which seem to enjoy police Deepak Jaiswal – have been Defenders Under Threat' describes support,” said Aakar Patel, arrested on politically motivated how journalists, lawyers and Executive Director, Amnesty charges since July 2015. Another activists have been harassed, International India. journalist – Malini Subramaniam –

PUCL BULLETIN, MAY 2016 6 was forced to leave her home in alleged extrajudicial execution. group, said, 'Chhattisgarh has February 2016 following attacks on Bela Bhatia, an independent become like a police state now. her home and police pressure on researcher, has faced intimidation What the police can't do legally they her landlord. and harassment from so-called make these vigilante groups and what's really worrying is that these Kamal Shukla, the editor of vigilante groups called the Samajik vigilante groups openly and Bhumkal Samachar, a Bastar Ekta Manch (Social Unity Forum) blatantly threaten and harass newspaper, said, “We are always and Mahila Ekta Manch (Women's people. Chhattisgarh has become reminded by the state police that Unity Forum), for helping Adivasi a very dangerous place for those our lives will be in danger if we don't women file police complaints of who question the government.” follow the government narrative. large-scale sexual assault and And now we have these vigilante other abuses allegedly committed “The state police continue to use groups backed by the state that just by security force personnel. abusive laws like the Unlawful Activities Prevention Act and the makes it difficult for independent Human rights lawyers of the journalists to work in Bastar.” Chhattisgarh Special Public Jagdalpur Legal Aid Group, which Security Act to stifle the right to In February, Adivasi activist Soni provides free legal aid to Adivasi freedom of expression,” said Aakar Sori had a chemical substance pre-trial detainees, were also Patel. thrown at her face by unknown forced to leave their home in assailants who warned her not to Jagdalpur in February following “The Chhattisgarh government's file a complaint against a high- police pressure on their landlord. open contempt for constitutionally ranking Bastar police official for an guaranteed rights and freedoms Isha Khandelwal, a lawyer from the needs to end now.” ❑ SC Spotlight on Chhattisgarh Rights Abuses The Supreme Court has expressed FIRs. The court then asked Kumar and concern over growing human rights "Both are not good. This is not Gonzalves to give a list of officers violations in Chhattisgarh, a Maoist done... in a situation like this what mutually acceptable to both parties hotbed, with the Centre and rights should be done?" the bench asked. for constituting such a team. It listed activists blaming each other for the The court was dealing with a the matter for further hearing after state's volatile atmosphere. petition filed by Himanshu Kumar four weeks. Journalists, lawyers and civil rights and certain other tribals whose Human rights organisation activists have reported being families were allegedly massacred Amnesty International said targeted and hounded out of Bastar in 2009 by security personnel in journalists and human rights district after being branded Maoist collusion with the now disbanded defenders in Bastar have been at sympathisers. Tribal activist Soni Salwa Judum, an anti-Maoist militia the receiving end of abuses by both Sori, who had protested against an propped up by the state. The Salwa the security forces and the Maoists. alleged fake encounter, had her Judum stood disbanded after the Local journalists Santosh Yadav face burnt with a chemical in apex court in July 2011 declared it and Somaru Nag have been in February. an unlawful organisation. judicial custody since July and "We want to know what is Himanshu and the others in their September 2015, respectively, on happening in the state. This type of petition alleged that 19 innocent charges of having links with reaction should not be there. tribals were massacred at Singram Maoists. Santosh, who has faced People are to be given protection village on January 8, 2009. Again repeated police harassment in the by the state government," a bench on March 18, 2009, three tribals past, is booked under the of Justices V. Gopala Gowda and were killed by security forces inside Chhattisgarh Special Public Arun Misra told solicitor general a Salwa Judum camp in front of Security Act and the Unlawful Ranjit Kumar during the hearing of their wives. Activities (Prevention) Act, both of a petition on alleged fake encounter Gonzalves told the court that till which violate international human deaths. date, even the formal FIR has not rights law and standards. Two Kumar stoutly defended the been registered and urged it to journalists - Prabhat Singh and security forces, saying hundreds of constitute a special investigation Deepak Jaiswal, working as them have been killed in Maoist team (SIT) to probe the killings. contributors to national media ambushes. The petitioners have submitted that organisations - were arrested last Senior counsel Colin Gonzalves, since the CBI too is under the month on the same charges. appearing for families of victims, Centre, they want an independent Journalists in Chhattisgarh have complained that in several alleged SIT to hold the probe. The solicitor been protesting against what they extra-judicial killings, police were general submitted that he had no say is growing police harassment not registering even the mandatory objection. a n d a d e t e r i o r a t i n g w o r k

PUCL BULLETIN, MAY 2016 7 environment, especially in Bastar. Amnesty has pointed out that Chand Jain, was found dead under In December 2015, chief minister journalists in Chhattisgarh have mysterious circumstances in Raman Singh met protesting been targeted by Maoists, too, in Sukma district in February 2013. In j o u r n a l i s t s a n d r e p o r t e d l y the past. It said that in December 2011, two journalists, Umesh acknowledged the challenges they 2013, journalist Sai Reddy was Rajput and Sushil Pathak, were faced. He also proposed to set up a killed allegedly by Maoists who killed in Chhattisgarh. committee to look into issues faced suspected him to be working with Courtesy: The Telegraph, 21.4.2016, by them. the police. Another journalist, Nemi http://www.telegraphindia.com/1160421/jsp/natio n/story_81368.jsp#.VxleBtR97IX @ 21.4.2016 ❑ Is Chhattisgarh A 'Police State' of Democratic India? Pushkar Raj* A 'police state' is said to be one these 57.6 per cent were under of one of the worst kind of sexual where citizens experience living, trials in October 2013 (National violence against the women, freedom of movement and Human Rights Commission, reminding one of the infamous expression of opinion subject to September 2013). Maya Tyagi case of Uttar Pradesh police monitoring and control. The The under-trials are a shame for in June 1980. mineral rich state of Chhattisgarh in any constitutional democracy. Arrested and tortured by police in India aptly qualifies for this However, while its own legal aid 2009, Soni Sori was subjected to notorious title as the events of the system remains dysfunctional, the the vilest kind of sexual violence in recent past demonstrate. state police have cracked down on police custody leading to an appeal After its creation in 2000, Jagdalpur Legal Aid Group (JLAG)- before the Supreme Court of India. Chhattisgarh enacted its own composed of four lawyers- The court was 'anguished' to note police Act in 2007 on the direction of providing free legal aid to jailed that as per Soni Sori's allegation the Supreme Court of India. The tribal for about three years. The stones were found in her private Commonwealth Human Rights JLAG members were coerced by parts and rectum (The Hindu, 9 Initiative (CHRI), an organization the police to vacate their rented December 2013). advocating for police reform in the accommodation in February It is a disgrace that the police officer country, considered the new law 2016and leave the city (Indian who allegedly supervised sexual worse than the previously Express, 19 February 2016). violence against Soni Sori was prevailing 1861 police Act that it The article 19 (e) of constitution of awarded President's gallantry replaced due to the poor India provides for right to reside and award! supervision and accountability work in any part of the country. The police demolished a Gandhian provisions under the new law. However, police forced Malini organization, Vanvasi Chetna Justifying its character, while the Subramanium, a journalist Ashram (VCA) running for about police arrested 60,279 persons in reporting from the state, to leave seventeen years alleging that it was 2007 (before the new police Act like JLAG (Indian Express, 19 built on government land despite came into operation), it initiated February) for reporting on police the case being before the court police action against 7, 39,435 atrocities against the indigenous ( R a m a c h a n d r a G u h a , T h e people in 2014 - a twelve times people. Telegraph, 23May 2009). jump. Out of these 1, 44,017 people Prabhat Singh, a local journalist VCA was engaged in empowering were served with the bail-able was arrested for posting a message indigenous people imparting warrant and 81,329 were sent to jail on social media criticizing a police vocational skills and legal literacy. It under non-bail able warrant. 4, officer who is in charge of the region highlighted complicity of the police 88,366 people were made to come (Indian Express, 23 March 2016). in torture and rape of local people to the police station for questioning Two days ago, another journalist insisting that a FIR be lodged (National Crime Research Bureau was arrested from outside the local against the accused. Report, 2008, 2014). court while waiting to file an The police have patronized several Since 2007, there has been anticipatory bail in a seven month organizations such as Nagrik extraordinary rise in the police old case (Indian Express, 27 March Samaj Manch, Maa Danteswari activity in the state. Consequently 2016). Adivasi Swabhimani Manch, Vikas Chhattisgarh jails are the most Two other journalists are already in Sangharsh Samiti etc. These c r o w d e d i n t h e c o u n t r y jail for not cooperating with the groups, composed of former SPOs, accommodating more than two and police on various trumped-up may be called 'social mafias' which half times of prisoners than their charges. 16o journalists and civil are available to police to violently capacity. society members from across the oppose human rights activists from As against their capacity of 7612 Country have demanded their other parts of country when they prisoners, the state prisons are release and action against the visit the state to meet the victims of accommodating 17671 prisoners police officer in charge (The Hoot, police atrocities. (The Hindu, 8 ( C h h a t t i s g a r h g o v e r n m e n t 19 November 2015). January 2010, 27 March 2011). statistics, January 2016). Out of The police of the state are accused

PUCL BULLETIN, MAY 2016 8 In Chhattisgarh today four players any witness to its oppression. a b e r r a t i o n s a n d r e s t o r e stand out: complicit politicians, Therefore, it is hounding out every constitutional order in the state. p l u n d e r i n g c o r p o r a t e , one deemed inconvenient to it *The writer is a Melbourne based human unaccountable police and hapless without caring for the constitutional rights researcher and writer. Formerly he indigenous people. While police freedoms. The Supreme Court of campaigned for police reform in India. He was also formerly the National General continues its brutalities against India, as the guardian of Indian Secretary of People's Union for Civil vulnerable tribal, it does not want constitution, must take suo motu Liberties (PUCL) ❑ c o g n i z a n c e o f t h e p o l i c e

PUDR Letter: 26th February 2016 Additional facts regarding Open Letter to the Chief Justice of India for immediate intervention into physical attacks and eviction drives against women activists by police and vigilante groups in Chhattisgarh Honourable Sir, incident for which an FIR was filed 12th January 2016. Again, in this In continuation with our previous under the amended IPC on 1st case too, the Adivasi Mahasabha petition dated 22nd February 2016 November 2015, a point mentioned (affiliated to the CPI) had to put seeking your intervention into the in our petition. immense pressure on the above matter, we would like to 2. Obstruction in filing of FIRs administration before the latter furnish some additional facts which against guilty personnel: We agreed to receive the complaint have emerged in the interim and believe that the harassment of the from the victims themselves. which add to our existing two lawyers has increased in recent 3: Need for Prosecution: It is apprehensions about the situation times as they have helped in filing pertinent to point out that in the few in Bastar. FIRs under the newly amended IPC cases cited above there is an 1. Intensification of harassment of which allows for filing of complaints urgent need for prosecution to women activists: Besides the against members of the armed commence. However, we are not shocking attack on Soni Sori on forces deployed in the area for sure whether the police has February 20th, 2016 for which she is committing rape and gang-rape, initiated investigations into them, or undergoing treatment in Delhi, we and also for filing charges against the fairness with which they would have also learnt that the sexual harassment. In this context, have proceeded. It also needs to be harassment of the two lawyers, we would like to draw your attention recognized that there are several Shalini Gera and Isha Khandelwal, to the additional information that we instances of state excesses for is continuing as the district bar have gathered apart from the 1st which no FIRs have ever been association has issued yet another November 2015 FIR mentioned lodged. Lack of information aids resolution against them. There is above and in our petition. Two other repression as an artificial normalcy also news of a police complaint filed FIRs have also been filed on 23rd is created out of absence or paucity against them in the last few days. January and 27th January 2016 at of real information. Further, while The harassment is in tandem with Bijapur PS and Kukanar PS, we all believe that due process of what activist-academic, Bela respectively. The first pertains to law must prevail, we feel that the Bhatia, is reportedly undergoing. the incident at Nendra village (PS long arm of the law has receded On 23rd February, the SHO from Basaguda, District Bijapur) where i n t o l a w l e s s t i m e s . O u r Parpa PS with a uniformed security forces had entered the a p p r e h e n s i o n s a b o u t t h e personnel visited her residence. village, looted homes and sexually petitioners and countless victims Although the official reason assaulted, raped and gang raped are greatly increased as we fear for proffered was that of police women. The FIR under sections their lives and liberty. protection, the fact that they 376(2)(c), 376(2)(a)(iii), 376D, 354, We therefore request for your kind photographed her and her house, 354B, 323, 395 of the IPC was filed and urgent intervention in this and that two personnel in civilian with much difficulty on 23rd January matter. For your perusal here is the clothes also visited her, casts as the police had initially refused to link to the Open Letter dated 22nd doubts on the nature of the visits. lodge it. The second instance F e b r u a r y 2 0 1 6 : We fear that the present pertains to the incident at Kunna http://pudr.org/?q=content/open- harassment could well be village (PS Kukanar, District l e t t e r - c h i e f - j u s t i c e - i n d i a - connected to the fact that as a Sukma) where security forces immediate-intervention-physical- member of the WSS (Women entered the village and sexually attacks-and-eviction-drives- against Sexual Violence and State abused and punished women and Deepika Tandon, Moushumi Basu, Repression) team, she was the looted and raided their homes on Secretaries, PUDR ❑ complainant in the Peddagellur

PUCL BULLETIN, MAY 2016 9 Legal Framework to Affirm Rights of Transgender persons: The Chaotic Legal Landscape Gowthaman Ranganathan, Advocate, Alternative Law Forum, Bengaluru The legal framework around the of 6 months. The recommendation male to female trans persons. rights of trans persons in India at suggest the formation of a district However, this is untrue, since a this moment can at best be level screening committee which substantial section of the described as confusing. A well w i l l i n t u r n m a k e i t s t r a n s g e n d e r c o m m u n i t y i s meaning but vague judgment of the recommendations to a state level constituted of female to male trans Supreme Court, an exhaustive Transgender Board which will persons also. However, they are report by an expert committee p r o v i d e i d e n t i f i c a t i o n f o r rendered further invisible as they under the Ministry of Social Justice t r a n s g e n d e r p e r s o n s . T h e are assigned female at birth which and Empowerment, which has not Committee and the Board will curtails their mobility and also there yet been implemented despite include members from the are not many cultural references of directives from the Supreme Court, transgender community, the Female to Male transmen. Though and multiple bills on rights of District Welfare Officer, mental the judgment mentions female to transgender persons which are at health professionals and social male trans persons in passing, the various stages of discussions in the activists. The formation of the fact that the violation of their rights Parliament has resulted in making it Committee and Board to oversee was not substantially dealt with has difficult for transgender persons to the identification process runs the resulted in uncertainty, wherein realize their rights. In fact, the rights risk of diluting self identification as questions with regard to inclusion of transgender persons runs the t h e f u n d a m e n t a l t e s t f o r of trans men within the transgender risk of being lost in the bureaucratic identification. identity is being asked. However, it maze prescribed in these The judgment also states that can be assertively said that the documents. The following text will medical intervention of any nature, judgment applies to everyone e x p l o r e s o m e o f t h e s e including hormone therapy or sex across the spectrum of transgender developments critically. reassignment surgery shall not be identities including transmen as is 1. National Legal Services mandatory for identification as clear from the MSJE report as well. Authority v. Union of India', (SC: transgender, and in fact any In an attempt to mainstream 2015) demand made for medical members of the transgender April 15, 2016 marked the second intervention shall not only be community, the judgment has anniversary of the NALSA immoral but also illegal. Gender prescribed that transgender judgment. This landmark decision identity is an innate experience of a persons be included as members of of the Apex court was welcomed by person's lived reality and should the socially and educationally trans persons across the country not be authorised or validated by an backward classes (SEBC). The and marks an important moment in external agency. Hence the j u d g m e n t h a s p r e s c r i b e d realizing the rights of transgender Supreme Court's decision to affirm reservations for the transgender p e r s o n s w h o h a v e b e e n the right of self identification is community. However the details of marginalized for many years. indispensible in realising the rights how this would translate into reality Despite the fact that it is a landmark of trans persons. have been left unanswered, leaving decision, it is unfortunate that the T h e r e e x i s t s u n c e r t a i n t y it at the mercy of subsequent judgment has, on some issues, surrounding the appropriate legislations and bureaucratic provided more confusion than nomenclature for transgender measures. In fact, a clarification clarity. For instance, on the one persons. The MSJE Report petition pending before the hand, the judges uphold an categorically states that the term Supreme Court has not just asked individual's right to self identify as "transgender" shall be used and for an extension of time for the man, woman or transgender. terms like "other" or "others" shall implementation of the judgment, However, on the other hand, it goes not be used. The text of the but also states that the Supreme on to say that a psychological test judgment uses "third gender" and Court is not the appropriate shall prevail over biological "transgender" interchangeably authority to determine the status of determination of gender. One which results in confusion. Many a section of the society as SEBC, would understand self identification members of the transgender as that is the duty of the National as a process devoid of any form of community have opposed the Backward Classes Commission. medical intervention, psychological usage of the term "third gender" as The reason that is often given to or otherwise. The judgment has it presumes a hierarchy of genders, have an external authority accepted the recommendations of which is inherently patriarchal. monitoring the identification the Report of the Expert Committee Further, even the term "other" process is to prevent misuse of on the Issues Relating to connotes indifference to a large schemes and benefits that may be Transgender Persons ('MSJE section of the population. Thus, provided on the basis of one's Report') and directed the central only the term "transgender" should identity, such as the scheme for government and the state be used in all official documents. reservation. To address this governments to implement the The term transgender is often criticism, it is important to recommendations within a period understood to include primarily understand that there is a

PUCL BULLETIN, MAY 2016 10 distinction between the right to self transgender persons and also Court, be stated. identification and schemes provides for the creation of National It is also important that the connected to one's identity. While it and State Commissions and a definition of "transgender" includes may be true that there might be a Special Court for transgender persons with intersex variation. need to provide certain checks and persons. Notwithstanding the Often, persons with intersex balances to monitor any schemes progressive provisions in the Bill variation and trans persons are and benefits connected to the there are however certain aspects of conflated, thereby negating the identity, it does not warrant the Bill which are left wanting. specificities of these identities. monitoring of the right of self- The Bill does not address police Hence it is important that the rights identification. Further, needless to violence which is an everyday reality of persons with intersex variations mention, the monitoring authority for many trans individuals and should also be specified in the Bill. shall not demand that there be provides no mechanisms to redress Various groups working on the medical or surgical intervention to violence by the police. In addition to rights of transgender persons have validate one's claim. violence by the police, it is important given a detailed criticism of this Bill, Since the mechanisms prescribed to acknowledge the violence including the statement by the in the judgment have not become a perpetrated by family members as Karnataka Transgender Samithi. reality, it is advisable for trans well. There exist testimonies of We urge the government to take persons to self identify as man, transgender persons, as has been congnizance of the concerns raised woman or transgender by way of an extensively documented by the and hold a national consultation so affidavit. The said affidavit can be People's Union for Civil Liberties, that the Bill will translate into a truly used as a valid document to Karnataka Report of 2001 and 2003, effective legislative measure. officiate name and gender in all which speak of violence by family 3. Rights of Transgender Rights official documents. members from a very young age. Bill, 2015 (released by the The judgment observes that The Bill also has not provided for Ministry of Social Justice and Section 377 of the Indian Penal provisions that will affirm the rights of Empowerment) Code, which criminalises adult transgender persons in their Subsequent to the introduction of same sex relationships has a personal sphere, including the right the Private Member's Bill colonial mark, and has historically to marriage, inheritance and discussed above in the Lok Sabha, been used as a tool of harassment adoption. Further, as mentioned the Ministry of Social Justice and against transgender persons. It earlier, Section 377 could potentially Empowerment introduced a does not however make any further penalise sexual expressions of separate Bill. This Bill briefly comments since judicial propriety transgender persons. The Bill addresses police violence and requires that the Division Bench in however does not make any effort to prescribes a procedure for the NALSA judgment refrain from strike down this provision. Notably, identification and provides a commenting on the merits of the the Bill does not affirm sexual rights clarification for reservation for decision of the Division Bench in of transgender persons and the transgender persons. Despite `Suresh Kumar Koushal v UOI', continuing presence of Section 377 these changes, this Bill dilutes a lot which affirmed the constitutionality negates other rights guaranteed to of measures attempted in the of Section 377. It is unfortunate that transgender persons by the Bill. Private Member's Bill. For instance, many ways of sexual expression of In its current form, it is not d e s p i t e t h e f a c t t h a t i t transgender persons could mandated that the National and acknowledges police violence, potentially be penalised under S t a t e C o m m i s s i o n s t o b e there is no accountability measure Section 377. Thus, allowing constituted under the Bill be headed provided in the Bill to address Section 377 to continue in its by transgender persons. It is police violence or any violation current form in the Indian Penal important to note that there are under this Bill. An accountability Code, 1890 is contrary to the rights many transgender persons who are mechanism, which is a basic of transgender persons. Section accomplished in their field and are requirement of a sound legislation, 377 being antithetical to the rights a b l e t o b e h e a d s o f t h e is therefore absolutely lacking in of transgender persons, it should commissions. Hence it is urged that this Bill. be struck down for the complete the commissions be headed by Further, the identification process realisation of their rights. transgender persons who have embodied in the Bill is taken from 2. Rights of Transgender worked for many years in securing the MSJE Report. This process Persons Bill, 2014 the rights of the community. raises concerns of an external The Rajya Sabha passed the Further, the Bill does not provide a agency diluting the right to self Rights of Transgender Persons Bill, mechanism for an identification identification of transgender 2014 unanimously, which is a process and it is not clear whether persons and hence it needs to be historic event that has happened the mechanism prescribed by the relooked. In fact, self identification after 47 years. This Bill was MSJE Report will continue. Since by way of an affidavit has been introduced by Tirichi Siva, a Member this Bill shall be serving as a popularly recommended by the of Parliament from the DMK Party. conclusive legislative measure to members of the transgender The Bill is now before the Lok Sabha acknowledge rights of trans community also. for consultation. persons, it is vital that a mechanism Additionally, as in the case of the The Bill affirms the right to equality for self identification process, in line Private Member's Bill, this Bill also a n d n o n - d i s c r i m i n a t i o n o f with that identified by the Apex does not address concerns around

PUCL BULLETIN, MAY 2016 11 sexual rights of transgender belonging to the Schedule Caste or transgender communities. It is persons, personal rights and Schedule Tribe community, and extremely important to bring about violence by family. hence it needs to be relooked. harmony in these efforts. In that The clarification provided in this Bill Further, both the Bills do not make it direction, it is important that there is with regard to reservation states mandatory for the recommen- a national consultation organised that transgender persons from dations of the MSJE Report to be by the government which will Other Backward Class or the implemented, as has been held by i n c l u d e a l l t r a n s g e n d e r privileged caste will be treated as the Supreme Court in the NALSA communities working across the country and is not limited to groups OBCs for reservation and Judgment. It is feared that the in certain geographical locations transgender persons belonging to exhaustive recommen-dations in and a sincere effort be made in a Scheduled Caste and Scheduled the MSJE Report will remain way that the spirit of the Supreme Tribe will be covered by the scheme unfulfilled if not made mandatory by Court decision, the exhaustive pertaining to reservation for an explicit provision under these recommendations of the MSJE Scheduled Castes and Scheduled Bills. Report and the aspirations of the Tribes. Such a measure however Conclusion transgender community are not does not take into consideration the In conclusion, these multiple efforts lost. double discrimination which is seem to be happening in isolation (Gauri Pillai, student, WB-NUJS, faced by a transgender persons and not in consultation with assisted in the writing of this article). ❑

PUDR Press Statement 23rd March 2016 Condemn Police Brutality on Students and Teachers in University of Hyderabad PUDR strongly condemns the taken to undisclosed locations. drinking and other purposes and brutal police action unleashed on There was no information of their cutting off of internet facilities in the students and teachers at the whereabouts overnight though it is campus. The media has also been University of Hyderabad campus now being suggested that they prevented entry in the campus as on 22nd March 2016. This took place have been taken to Miyapur and the administration seems to be on when students were protesting Chandanagar police stations. Apart an all out offensive to prevent any against the return of the Vice from this, over fifty students have information from the campus Chancellor Appa Rao Poddile to the been injured in the attacks. getting wider coverage. campus after he had gone on leave The police also raided hostels in Notably, activists belonging to the following the suicide of Dalit PhD what seemed like a search for a Akhil Bharatiya Vidyarthi Parishad scholar Rohith Vemula in January. predetermined list of students and (ABVP) had barricaded the VC's Prof. Appa Rao, alongwith Union teachers. It is suggested that the Lodge in a move to prevent the Minister Bandaru Dattatreya and VC and other complicit elements in protestors from reaching the VC. others, is one of the main accused the faculty have chosen to crack They also locked the gate from in the case for abetment of Rohith's down upon those students who inside and were in fact responsible suicide and has also been criticised have been vocal and active in the for much of the vandalism and in the past for his anti-Dalit r e s i s t a n c e f o l l o w i n g t h e property damage which the media attitudes. His return to official duties institutional murder of Rohith and authorities have blamed on the at a time when no action has yet Vemula. Dontha Prashanth, one of protesting students. It is shameful been taken against anyone for this the students who was suspended that media reports till now have crime angered the student along with Rohith and has been a focused only on the 'vandalism and community and they began a frontrunner in the students hooliganism' of students and peaceful protest outside the Vice movement for justice, was also completely ignored the violent Chancellor's Lodge where an brutally thrashed and dragged in to police action on students in the Executive Committee meeting was the police van yesterday. Some of University Campus. in progress. the teachers who were arrested, PUDR reiterates that using violent There was massive deployment of like K Y Ratnam and Tathagat force on students and deploying CRPF and RAF personnel who lathi Sengupta were also quite armed personnel on university charged and beat up students. prominent in siding with the campuses is an unacceptable use Female protestors were also students on this issue. of state power. The nexus between brutally beaten, grabbed and Following the violent crackdown on university authorities, Ministry of molested by the police forces. students, a strike has been called Human Resource Development Protesting students were rounded by the non-teaching staff, and student's wing of BJP is up, chased and dragged into police apparently on instructions from the especially significant in the vans. It is estimated that around 36 VC, resulting in the shutting down increasingly fascist nature of our students and at least three faculty of hostel messes. Students have universities. It is also condemnable members were also arrested and also reported lack of water for that basic necessities of food and

PUCL BULLETIN, MAY 2016 12 water have been denied to the charges against them removed ensure justice for the death of students in an effort to weaken their 2. Restore normalcy in the campus Rohith Vemula. resistance. and ensure dialogue with the Moushumi Basu, Deepika Tandon, PUDR demands that: students on their demands Secretaries, PUDR URL: 1. All students and faculty be 3. Remove Appa Rao from the http://www.pudr.org/?q=content/condemn- released from police custody and position of Vice Chancellor to police-brutality-students-and-teachers- university-hyderabad ❑ PUDR Press Statement_24th March 2016 Stop Surveillance and Harassment of Kashmiri Students! Peoples Union for Democratic have only broken a hostel rule. careers by engaging in such Rights (PUDR) expresses its Nevertheless they were charged activities. outrage at the harassment and under Sec 151 CrPC for disrupting This incident follows close on the arrest of Kashmiri students in the peace, kept in the PS overnight heels of developments in Kolkata, Mewar University, Rajasthan, and a n d p r o d u c e d b e f o r e t h e where the Central Government has other educational institutions, magistrate on the 16th. They have directly initiated a formal policy of amidst an intensifying surveillance alleged that they were made to sign surveillance and harassment of of Kashmiris across the country. a good conduct undertaking, before Kashmiri students. At the end of On 14th March, 2016, a rumour being released on bail. February, a directive was issued by was spread on WhatsApp that Significantly, the police has taken police's intelligence wing to Kolkata “Kashmiri students are cooking no criminal action against the mob colleges to prepare a list of all beef”, in their hostel room in Mewar that beat up the boys, despite students with residential addresses University, following which a 200 activists of the Bajrang Dal openly in Jammu and Kashmir. This strong mob comprising of Bajrang declaring that they had led the mob dossier is to be sent to the Ministry Dal activists and Vande Matram .The only action taken by the police of Home Affairs, New Delhi. The Sangathan gathered outside the was to register a case against one alleged purpose is to 'sensitise' hostel. The four students who were person under Sec 108 CrPC for campuses against events such as allegedly cooking beef, fled from circulating a false message. The at JNU and the subsequent fear. The mob beat up some other police has also raised concerns protests at Jadavpur University, but Kashmiri students. The police, not with the University that several as per the Indian Express senior finding the students who were incidents of violation of law and police officials have indicated that allegedly cooking beef, arrested order have been reported from the this information will be used for four other Kashmiri students who University. monitoring the Kashmiri students' lived in the room opposite. They The University authorities have activities. As per newspaper were detained in the police station attributed the incident to a reports, a general advisory has overnight. On Tuesday 15th March, prevailing rivalry between two been issued by the Home Ministry the four Kashmiri students who had groups of students, one from to all states. In March, the Goa actually been cooking meat – Saqib Jammu, and the other from Chief Minister Laxmikant Parsekar Ashraf, Mohammad Maqbool, Kashmir- something that these told the State Assembly that the Shaukat Ali Butt and Hilal Ahmed students have denied. The ATS has been instructed to conduct turned themselves in. They University has over 800 Kashmiri door-to-door checks of tenements acknowledged that they had students, out of a total student where Kashmiris stay, and collect broken the rule of vegetarianism in strength of about 3000. These information, in order to check the hostel by cooking meat. But it students are studying here under crime. These are blatant instances was buffalo meat, not beef. the Prime Minister's Scholarship of ethnic profiling which violate the The police rationalised the initial, scheme for Kashmiri students. The most fundamental of rights of wrongful arrest as an attempt to inciting of anti-Kashmiri student freedom and equality. protect the Kashmiri students, and feeling through false rumours on The upshot is that Kashmiris, as preventive action to prevent the social media, the involvement of students who have come to situation from escalating as the right wing Hindu groups, the educational institutions to study police feared that the mob would police's action based on Kashmiri (quite often on government start pelting stones. Revealingly, it identity rather than the facts, and programmes), or in search of work, didn't strike the police to control the t h e U n i v e r s i t y a u t h o r i t i e s are being systematically hounded mob using other means. Rather it generalising that the Kashmiri and made to live in a climate of fear chose to satisfy dominant students are a part of conflicts, and insecurity. PUDR demands sentiment and the mob's demands taken collectively, suggest an that such a witch-hunt of Kashmiri by arbitrarily picking up four, attempt to project the Kashmiri students and workers be stopped uninvolved Kashmiri students. For students as responsible for vitiating immediately. the police, one Kashmiri is as good life in the institution. It however Moushumi Basu, Deepika Tandon, as another. The four boys who had defies logic that bright students Secretaries, PUDR ([email protected]) URL: http://pudr.org/?q=content/stop- been cooking meat, too have who have come here to study, far surveillance-and-harassment-kashmiri- committed no criminal offence; they from home, will jeopardise their students ❑

PUCL BULLETIN, MAY 2016 13 Law doesn't consider historical injustices as mitigating circumstances. But a debate among the youth can. Was Afzal Guru a Martyr Or a Militant? JNU Students were debating a Question that Law Can't Nandita Haksar A Delhi High Court bench headed hanging of 2001 Parliament attack condone the attack? They certainly by Justice Pratibha Rani gave bail convict Afzal Guru. do not. to Kanhaiya Kumar, the president So, how do judges make Even the Hurriyat Conference, an of Jawaharlal Nehru University judgements about people, whether alliance of Kashmiri organisations, Students' Union, on March 2 it is Kumar, a student leader, didn't publically support the attack. quoting a Bollywood song. The bail Vikram Singh Chauhan, a bully It issued no statement and raised order began with a stanza from a lawyer, or Mohammad Afzal Guru, no slogan in support of the attack or song from the film Upkar, whose the man convicted and hanged for the people accused of particpating last two lines were: his part in the Parliament attacks. It in the conspiracy. In fact, at the time “Mere desh kii dharti sonaa ugle, is a question at the very heart of Afzal Guru was arrested, Kashmiris Ugle hiire moti mere desh ki dharti” jurisprudence: how does the law looked upon him as a traitor. He It would have been entirely judge human beings? was a surrendered militant and appropriate if the judge was A militant or a martyr? Kashmiri militants see all alluding to Kumar as a national Every person is equal before the surrendered militants as traitors. treasure in that reference. He is, no law: the Constitution of India gives The people in Kashmir started doubt, an Indian who every citizen the right of equality to every person, calling Afzal Guru a martyr only should be proud of. After his be it a citizen or non-citizen. after he was hanged secretly by the release following 23 days in jail, he However, despite this right, the Indian government without giving gave a rousing speech at JNU court has to decide individual his family an opportunity to meet which reflected rare maturity, responsibility and guilt based on him a final time. They felt he had humour and a deep commitment to the unique facts and circumstances been denied justice. He became a freeing India of poverty, caste and of each case. This isn't so simple. martyr not because he was a part of corruption. Fixing individual responsibility and the Parliament attack conspiracy As one reporter proclaimed: “We guilt is a complex question which but because he admitted to his part have just witnessed the birth of a has perplexed philosophers for in it and was denied justice anyway. national leader.” generations. Who exactly is the Why do I say denied justice? But the judge was not referring to person who is to be judged? Incontrovertible facts Kumar or JNU as national James Boyd White, an American Afzal Guru admitted that he went to treasures. She was asserting her law professor and philosopher, Pakistan for three months' arms own patriotism. In her order, Justice argued in his book Legal training but surrendered soon after Rani lectured the students and Imagination that it is very difficult, h i s r e t u r n . H e b e c a m e a faculty of JNU on patriotism and indeed impossible, “to talk about a surrendered militant, knowing well reminded them that the freedom real person in a way that does the stigma he would face for giving they enjoy is because “our borders justice to what he is, to his himself up. Afzal Guru was willing to are guarded by our armed and para difference from oneself, even when do it anyway because he had got military forces. Our forces are one is free to use any literary disillusioned with Pakistan. He protecting our frontiers in the most resource one can devise or invent”. realised Pakistan was only using difficult terrain in the world ie Who then was Afzal Guru? A Kashmiris for its own ends. Siachen Glacier or Raan of Kutch”. militant, a terrorist, a surrendered From the time Afzal surrendered to She said that those who were militant, a martyr, or a victim of the time he took part in the “shouting anti-national slogans history? c o n s p i r a c y t o a t t a c k t h e holding posters of Afzal Guru and Afzal Guru himself admitted to Parliament, there is no evidence Maqbool Bhatt close to their chests helping one of the Parliament that he ever participated in any honouring their martyrdom, may attack suicide bombers obtain a car illegal activity. The record shows he not be able to withstand those and rent a room. But if that is true, was desperately trying to build a conditions for an hour even”. why do so many people in Kashmir new life for himself. He went to As it happens, there is so far no remember him as a person who Delhi to finish his graduation (His evidence to show that Kumar ever was wronged by the Indian state dream of becoming a doctor was shouted pro-Afzal Guru or pro- and not as a part of the 2001 attack cut short by the insurgency in the Maqbool Bhatt slogans at the conspiracy? Why is he regarded as 1990s). In Kashmir and in Delhi, he February 9 event at JNU, which a martyr by them and the Peoples supported himself by giving was organised to protest the Democratic Party? Do they tutorials.

PUCL BULLETIN, MAY 2016 14 He got married to a vivacious the trial of Afzal Guru, although a circumstances which compelled Kashmiri woman, Tabassum, and senior counsel brought it to its him or her to take certain decisions, they had a son. He started a attention. to act in certain ways? And how can business and looked after his small Second, although Afzal Guru was the law balance individual family and widowed mother. All he involved in the conspiracy to attack responsibility with social, political wanted was a normal life. But he the Parliament, he should not have and economic circumstance? was not allowed to. The notorious got the death penalty. The court is GK Chesterton, a theologian, poet Special Operations Group, an anti- e x p e c t e d t o l o o k a t t h e and philosopher, wrote: insurgency force of the Jammu and circumstances and specific role “Our civilization has decided, and Kashmir police, wanted him to played by each person in a v e r y j u s t l y d e c i d e d , t h a t become an informer and that he conspiracy while handing down the determining the guilt or innocence refused to be. The SOG tortured sentence. The charge-sheet of men is a thing too important to be him so brutally that he had to be named three persons as the trusted to trained men. If it wishes hospitalised for a month. The man masterminds of the attack: for light upon that awful matter, it who tortured him admitted to his Maulana Azhar, Ghazi Baba and asks men who know no more law crime on national television. Tariq Ahmed. These three persons than I know, but who can feel the According to Afzal Guru, it was were declared absconders and not things that I felt in the jury box. someone in the intelligence brought to trial. If they had been When it wants a library catalogued, agencies who asked him to escort t r i e d a n d f o u n d g u i l t y o f or a solar system discovered, or Mohammad to Delhi and help him masterminding the attack, they any trifle of that kind, it uses its find a rented room and a car. could have legitimately been given specialists. But when it wishes Mohammad, it turned out, was one death sentence. anything done that is really serious, of the suicide bombers who was The five suicide bombers who it collects twelve of the ordinary responsible for the actual attack on actually attacked the Indian men standing about. The same the Parliament and for killing Indian Parliament and killed the Indian thing was done, if I remember right, security forces. security forces were killed. If they by the Founder of Christianity.” In the light of the controversies over had been tried and found guilty, In India we do not have a jury Ishrat Jahan, it is not entirely they too could have legitimately system. So people will have to unthinkable that Afzal Guru, a been awarded death sentence. make their own judgements. Many surrendered militant, was being The four persons who were Indian citizens have adjudged Afzal used by the intelligence agencies. arrested were not the masterminds, Guru a terrorist, while their fellow In the West, there have been many they did not actually kill anyone, citizens in Kashmir honour him as a cases in which intel agencies used and two of them were eventually martyr. The meeting on February 9 former militants and even allowed acquitted by the Supreme Court. at JNU, which was organised by them to commit acts of terror. In this One was released after 10 years. both Kashmiris and other Indian case, the intelligence agencies Only Afzal was given death students, was an important bridge may have been following some intel sentence. b e t w e e n t h e s e t w o and could not prevent the attack. Third, what angered the Kashmiri understandings. Such bridges can These facts need investigation but people was the reasoning of the be built most effectively by the as of now there is no proof to refute Supreme Court. It held: “The youth. Ultimately, our borders have Afzal Guru's claim. No evidence incident, which resulted in heavy to be defended not against our has been provided to counter his casualties, had shaken the entire enemies but against disaffection allegations. He was not given an n a t i o n a n d t h e c o l l e c t i v e and alienation within our country. opportunity to prove his case. conscience of the society will only To call these idealist youth engaged However, there are three facts be satisfied if capital punishment is in building bridges as anti-national which are incontrovertible: awarded to the offender.” is not only legally untenable but First, Afzal Guru was denied a The law and the media have judged politically dangerous for our lawyer at the trial. This was the Afzal Guru as a terrorist. In country. main argument in Indira Jaisingh's defiance of this judgement, the Courtesy: Scroll.in, 6.3.2016; curative petition. She said the legal people of Kashmir have called him http://scroll.in/article/804613/was- aid services authority doesn't a martyr. afzal-guru-a-martyr-or-a-militant-jnu- students-were-debating-a-question- provide adequate fee scale. This, in The law does not take facts of ❑ her opinion, results in two sets of history as evidence. Historical that-law-cant standards of access to justice, one injustices are not mitigating for the rich and the other for the circumstances for sentencing a poor. The Supreme Court did not person. How far is a person adequately address this defect in responsible for the historical

PUCL BULLETIN, MAY 2016 15 Gujarat PUCL: 26th February 2016 Timely Placement of C.A.G. Report on the Table of the Legislative Assembly Shri O. P. Kohliji, above counts? self to please ensure that the CAG His Excellency the Governor of There is a clear cut provision for Report is tabled in the Legislative Gujarat, placing of this CAG Report on the Assembly, with immediate effect. Rajbhavan, Gandhinagar table of the Legislative Assembly. Since your kindself is the F o r l a s t m a n y y e a r s , n o constitutional head of the State and Respected Kohli Ji, discussions or deliberations are as this report is being prepared in Subject: Timely Placement of made on this CAG Report. Merely accordance with the norms of the C.A.G. Report on the Table of to comply with legality of the constitution of India, it is quite the Legislative Assembly constitution, this report is being important that the Report is tabled As your kindself is well aware, the tabled on the last day of conclusion well in time. C.A.G. Report is the reflection of of the session, due to which, We shall remain thankful to you if our administration. Whether Members of the Legislative you please spare some time from accounting of expenditure has Assembly do not get time for your busy schedule, to give an been properly done or not and arriving at points of concern, after appointment to us for a personal whether implementation of due perusal and study. In short, as meeting, at the time and date most Government Plans or Schemes the Report is being placed on the convenient to you. have been properly made or not is table of the Assembly on the last Yours faithfully, clearly manifest or visible in this working day of the session no Prakash N. Shah, President, PUCL, Report. There are two main discussions are taking place on the Gujarat; Gautam Thaker, President, constituents of this report. (1) same, since over last decade. Indian Radical Humanist Association; Whether respective department or We all have come to know that the Rajni Dave, President, Gujarat Sarvodaya Mandal; Mahesh Pandya, branch has efficiently shouldered Comptroller and Auditor General of its role and responsibility or not? (2) Gujarat Social Watch; Dwarikanath India had already presented its Rath, Movement for Secular Whether any irregularity or Report to the Government well in malpractice has been committed in Democracy; Hemantkumar Shah, time. Hence, we request your good Jan-Tantra Samaj. ❑ the expenditures made on the Reservation for All or Reservations for None: Patels Put the Government in a Dilemma Aakriti Thakur* The recent unrest witnessed in roughly about 14% of the army and police had to resort to Gujarat when the Patel community population of Gujarat. The stir measures of lathi charge along with came together for a peaceful rally in started when youngsters from Patel using tear gas to stop the crowd. order to demand for OBC status to community made their demand for The Government's response to be granted to them invokes the OBC status and for availing such protests included creation of thought in one's mind of whether reservation rights which turned into the Patidar Andolan Sankalan granting the status would actually a s t a t e - w i d e m o v e m e n t Samiti (PASS) led by Gujarat facilitate the betterment of the c u l m i n a t i n g i n t o r a l l y i n cabinet minister Nitin Patel. The community along with that of the Ahmedabad. Hardik Patel, a 22 committee observed that recent society as a whole. The founding years old small businessman and a Supreme Court judgement in the fathers of our country had commerce graduate, became the Jat case along with the provisions envisioned reservation policies for face of the campaign; as the of the Constitution and other achieving very specific purposes, crowds assembled on August 25th, judgements depicted that no v i z . t h o s e o f a b o l i s h i n g 2015 were addressed by him. The change in the structure of discrimination based on caste and demand raised by the community reservation could be made by state uplifting the population affected by was that of either granting of the government and the limit of 50% such discrimination by affording status of OBC to Patels, or reservation, which Gujarat had them equal opportunity. In order to abolishing the entire reservation already achieved couldn't be determine whether the demand of system in India. The peaceful rally exceeded. The main suspicion OBC status by Patels conform to turned into an agitation after Hardik which rises in one's mind now is such visions of the founding Patel was detained by police and that the Patels are relatively fathers, a brief discussion of the the crowds resorted to violence. affluent community. Does their facts of the incident along with the Acts like pelting stones, burning of demand for reservations then only vision is required. buses and houses were witnessed serve individualistic interests? Or The Patel community comprises of by a terror stricken city and the does it bring to light the greater

PUCL BULLETIN, MAY 2016 16 problem faced by our country at period. This time period was provisions have not been provided present where the basic purpose allotted in order to witness in the Constitution, the judiciary had for which reservation was development in such backward attempted through various established is being overlooked for classes at a steady pace, but it was legislations to draft a well political reasons. A deeper look into also recognized by many in the exhaustive list of the same. The the visions of the luminary, Dr. B. R. Constituent Assembly that such a p p o i n t m e n t o f M a n d a l Ambedkar, will help us to period would not be enough. Commission, based on the understand the fundamental However, over the years, the judgement of Indira Sawhney reason for having reservations in reservation policy has been case4, served the purpose of our country. e x t e n d e d t h r o u g h v a r i o u s i d e n t i f y i n g s o c i a l l y a n d Dr. Ambedkar's successful constitutional amendments and so economically backward classes. It attempts of uniting the backward the policy still persists in the proposed 11 factors under three classes and therefore granting society. This paints a very basic main categories, viz., social those classes special rights served picture that discrimination based on b a c k w a r d n e s s , e c o n o m i c the two-fold purpose of endowing caste is still prevalent in our society, backwardness, and educational upon the community a separate e v e n a f t e r 6 8 y e a r s o f backwardness5. Though these identity that would provide them independence. In such a situation, factors are not well exhaustive, the with an alternative route for removing reservation system as a question of whether Patels fit into development and that of uniting whole will not ensure development such factors needs to be them.1 It is an accepted fact that of those communities which have considered by the competent reservations are granted not in an been securing benefits from such bodies. individual capacity, but to the policies over the years. Therefore, In conclusion, the demand of Patels individual in the representative the demand of Patels for removal of for no reservation at all serves the capacity of his community so that reservations, relying on the interest of none and it goes against he can lead to the development of principle of 'either all or none', goes the very basic purpose for which his community after availing benefit against the very crux of matter for reservations were established. of the system. In the case at hand, w h i c h r e s e r v a t i o n s h a v e Given the very delicate social fabric an interview of the Patel youth perpetuated over the decades, and upon which Indian society works, revealed that they were unable to so this demand cannot even be any change in the reservations secure seats in Universities due to considered as the granting of the system without a careful analysis of existing reservation policy of same will lead to a turmoil in the the justification, rationale and providing seats to the backward country. necessity for extending reservation classes which secured lower Another important necessity of the benefits to other communities will percentage than those students reservation system had been only lead to protests and counter- who did not fall under such outlined in the Constituent campaigns; hence it is strongly category. However, the doctrine of Assembly Debate wherein Dr. recommended that the government reasonable restrictions as provided Ambedkar brought clarity to the facilitates research by competent, under Articles 15(4) and 15(5) of requirement of recognizing the expert bodies in this area and helps the Constitution, clearly illustrates existence of minorities, as the in bringing the true picture of that such restrictions faced by structure of state would collapse if 'backwardness' of a community to people belonging to general the minorities decided to protest light. category will be valid as long as it against a state which did not Note: Aakriti Thakur was interning leads to betterment of the recognize their rights to be given with the PUCL in May-June, 2015 backward classes and therefore opportunity for development.3 and was in Gujarat when the Patel their demands become futile in the P a t e l s r e q u i r e m e n t t o b e agitation broke out. We are carrying light of reducing reservations recognized as minority can this article in view of the fresh percentage for other community. therefore be in congruence with Dr. insights it carries. Furthermore, Dr. B. R. Ambedkar's Ambedkar's assessment, as a *Aakriti Thakur, is a Student, Gujarat contribution was highlighted when threat was faced by Anandiben National Law University, Gandhinagar, s u c h r e s e r v a t i o n s w e r e government when the peaceful Gujarat. incorporated in the Constitution of rally of Patels turned into violent References: India through allotment of separate processions. But, giving OBC 1 http://www.dalitstudies.org.in/wp/0904. constituencies for SCs and STs to status based on such reasons will pdf accessed on 20th May 2015. 2 ensure their political representation o n l y s h o w t h a t t h e s t a t e Pooran Koli, Reservation Rules In for a period of 10 years.2 This succumbed to the show of force, India, Kanoon Prakash Agency Jodhpur, 1st ed., Pg 7. signifies the most important factor and will create doubts in the minds 3 of many regarding the authority of Constituent Assembly Debates, that reservations were seen as Vol. VII, pg. 39. means to achieve equality among the state. Also, the incorporation of 4 AIR 1993 SC 477 all classes and abolition of any caste under the umbrella of 5 http://www.pucl.org/from-archives/ discrimination, and therefore it was OBCs requires certain factors to be Dalit-tribal/mandal-2.htm accessed established for a specified time considered. Even though such on 17th Sept 2015.

PUCL BULLETIN, MAY 2016 17 PUCL Chhattisgarh: Press Statement_22nd March 2016 The Chhattisgarh PUCL expresses in this war zone, the Government of incident comes on the heels of the its deep grief at the killing of a 55 India should declare a state of harassment of journalists Alok year old woman Muchaki Hidme, internal armed conflict and allow Putul, Malini Subramaniam and the resident of Village Gorkha, due to strict independent monitoring arrests of Santosh Yadav and an IED blast on 18th March 2016. under the Geneva Protocol of Samaru Nag, the Chhattisgarh The incident took place on a human rights violations by both P U C L e x p r e s s e s s e r i o u s 'kuchha' track, which is often used parties to the conflict. Even earlier apprehension that the police and by the security forces during their on 26th November 2013, the district administration are trying to patrolling in the region, near Chhattisgarh PUCL had written to silence all journalists who are Kottacheru village under Bhejji the NHRC for directions to restrain attempting to give any other version police station limits, as Sukma the practice of using civilians for of events in Bastar other than the Superintendent of Police D demining operations or as “police police version. The demands of Shrawan informed the PTI. A day sahyogi” in land mined areas when journalists of the area have still not earlier an 8 year old girl child one villager had been killed and two been properly addressed. Muchaki Anita, resident of others grievously injured. Finally Chhattisgarh PUCL Kanhaiguda village under Bhejji The Chhattisgarh PUCL also expresses shock at the insensitive police station, also lost her life to an expresses its concern that an behavior of the police in arresting IED blast. Similarly two labourers outspoken journalist Shri Prabhat an extremely well respected citizen were killed on 6th March at around Singh, who was reporting for the and doctor committed to treating 9:30 am at Amdai Ghati (valley) Patrika as well as ETV, was w o r k e r s a n d p e a s a n t s o f under Chhote Dongar police station suddenly picked up from his shop at Chhattisgarh for the past three limits. Superintendent of Police 6 pm on 21st March 2016. He has decades - Dr Saibal Jana, Chief Narayanpur Abhishek Meena had informed a friend on 22nd March that Medical Officer of the Shaheed told PTI that Maoists detonated a he was taken to Parpa Police Hospital , Dalli Rajhara – in a 24 powerful IED when a joint team of station in Jagdalpur, beaten up all year old case connected with the district police and the Chhattisgarh night and was not even given food. Rail Roko Satyagraha of Bhilai Armed Force (CAF) was escorting He also expressed apprehension workers on 1st July 1992. Dr Jana a group of labourers through the that since the Baarsoor Police and his ambulance and staff of the valley and this was followed by a Inspector and an Additional SP are Shaheed Hospital had been on the gun-battle, lasting for about two present in Parapa police station dharna site to treat ailing workers hours, after which the Maoists fled. and old records are being checked, and their families in the preceding The Chhattisgarh PUCL condemns that he is likely to be implicated in 35 days, and he has been falsely land mining by the Maoists which some old cases. Chhattisgarh implicated in a criminal case. causes extreme hazard to life and PUCL demands that Shri Prabhat Chhattisgarh PUCL demands that limb of non combatant tribal Singh be immediately produced he be granted unconditional interim villagers carrying out their normal before the concerned Magistrate, bail on personal bond and the false life activities in the region. It be medically examined and be case against him be quashed. reiterates its demand that in order provided a legal representative as Dr. Lakhan Singh, President and to protect non-combatant civilians per the provisions of law. Since this Sudha Bharadwaj, General Secretary, PUCL Chhattisgarh ❑

Silver Jubilee Publications: People’s Union for Civil Liberties, Bihar On completion of 25 years of its existence PUCL Bihar has compiled its enquiry reports and other papers and brought them out in two large volumes Volume 1: xi+523 pages containing 71 State level investigative enquiry reports Volume 2: xxxi+508 pages containing more State level & district level enquiry reports and other documents Contribution : Hardbound : Rs 525/- each Volume Rs 750/- per set plus postage extra Rs 65/- Paperback : Rs350/- each Volume Rs 550/- per set plus postage extra Rs 65/- President, PUCL (Bihar) East & West Educational Society, Arogya Mandir Hospital Compound, Nala Road, Patna, Bihar-800 004

PUCL BULLETIN, MAY 2016 18 PEOPLE’S UNION FOR CIVIL LIBERTIES

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PUCL BULLETIN, MAY 2016 19 Date of Pub.: 27-28 APRIL, 2016

Industrial Corridors: A New Ploy to Plunder Resources and People's Sovereignty

It is the irony of India that after have been issued, farmers land has independence, the democratic been illegally marked as 'R' governments elected by the people (reserved) in land records, have been allowing open sale of fraudulent public hearings being precious natural resources - land, organized, forceful consent being water, forests and minerals in name taken and many other illegalities of public purpose and for done by the authorities. People development. On one hand, have been protesting on the ground farmers are being forced to hand in many places even then the over their land to local and foreign government is busy seeking capitalist corporations, cited as consent for its projects and work crony capitalist development, and has begun in many places. on the other hand, the government Over the years, many of us have is borrowing thousands of dollars undertaken awareness raising from World Bank and other activities in the area, educating the international financial institutions. farmers and workers of their rights This huge debt is pushing the and the violations being done by country's economy and future into the government agencies. We all darkness. came together in 2013 in Delhi and The new ploy to facilitate this loot since then many other important and process is now being pushed in developments have taken place. the wider framework of the With a new government at the industrial corridors since mid 2000. Centre and in many states, its time Eleven such corridors have been to meet again and take stock of our proposed in the country out of struggles. which the leading ones are Delhi With this in mind a two-day national Mumbai Industrial Corridor (DMIC) meeting is being held on April 22 to and the Amritsar-Kolkata Industrial 23 at Indian Social Institute, New Corridor (AKIC). These corridors Delhi. shall include dedicated freight Medha Patkar (NAPM), Ulka Mahajan corridors, private trains, electricity (Sarvhara Jan Andolan), Sagar Rabari generating stations, smart cities, (Gujrat Khedut Samaj), Virendra inter-linking of rivers, and several Vidorhi (INSAF), S R Hiremath, Viren Lobo, Soumen Ray (ICAN), Dr. large projects which will have a Sunilam, Rajendra Ravi, Mahendra huge impact on the country's Yadav, Madhuresh (NAPM) and agricultural system and livelihood others… of the nature based communities. PS: The issue of `resource politics' and DMIC's first round itself will acquire the grabbing of the commons is roughly 3,90,000 hectares. In the widespread across India not only first stage of the AKIC, Uttar alienating people from common Pradesh government has given resources essential for water and food 30,000 hectares of land and a loan security, livelihoods and making people `internal refugees in their own land, but of 14,000 crores from the World also devastating the environment. We Bank has been taken. For DMIC plan to initiate a comprehensive 40,000 crores loan from Japan discussion on this subject and invite our Bank of International Cooperation members and readers to send in has been taken. articles on this subject. ❑ Notices regarding land acquisition

PUCL BULLETIN, MAY 2016 20