Vol. XXXIX, No. 3 ISSN-0970-8693 MARCH 2019 Rs. 20

Press Release: 15th February 2019 PUCL Statement Condemning bombing and PUCL Statement Condemning bombing and killing killing of CRPF Personnel in Kashmir (1) of CRPF Personnel in Kashmir

From encounters, Yogi Adityanath govt moves to "half- The PUCL strongly condemns the attack on Indian Central Armed Force encounters" as UP cops shoot alleged criminals below in Pulwama, Kashmir, which led to the killing of about 40 CRPF the belt - Rashme Sehgal (4); Big Brother Is Watching personnel. The killings happened in the most brutal and dehumanised You - Sayantan Ghosh (6); Right to Food Campaign's Demands from Political Parties for 2019 General way, with a RDX filled SUV ramming into the Bus which was part of a Elections (10); Relocation of Crocodiles: Green Outfit convoy carrying the army personnel on the Jammu Srinagar highway. sends Legal Notice to CM, Centre (12); Centre's Silence Means Millions May Face Eviction Threat after The resulting blast led to the mutilation, maiming and splintering of Supreme Court Order on Forest Rights Act (12); bodies, causing further disrespect to the dead. We express our Supreme Court Verdict on Forest Rights Act (13); Over 70 Experts Call for US to Stop Interfering in Venezuela condolences to the families of the army personnel who have lost their (14); Thanks to the S.C. for the CBI's Dubious family members. Existence and Nefarious Activities - Prabhakar Sinha (15); Why does a democratic India need more At this moment of grief and mourning, PUCL calls upon the Prime Draconian Laws than the India under the British Rule? Minister, Shri Narendra Modi, the Union Home Minister, Shri Rajnath (15); PUCL Tamilnadu: Amendment for the Singh, the Army Chief, and all other leaders of political parties, as also Constitution to be taken in the National Conference (16); Appropriating an Icon: RSS Celebrates Netaji the, media and others to respond to the situation with sensitivity and Subhash Chandra Bose - Ram Puniyani (17); SA Bill calmness and not to, in any way, aggravate the situation by giving calls to Draft (19). revenge, reprisals and retribution. Even as we cope with what is said to be one of the most deadly attacks PUCL Rajasthan: *Ensure Safety of All Pakistani on security personnel in Kashmir in the last few decades, PUCL would Prisoners Now* (1); NAPM Press Statement: *Fatal like to point out that decades of violence in the valley, and especially the Attack on CRPF Convoy at Pulwama killing 44 Jawans condemnable* (2); JRL Statement: People, Kashmir spiraling violence in the last three years have not led to any solution; we Leaders Regret Every Killing on its Soil: JRL (3); therefore urge all parties concerned to immediately cease violence as a ''Pulwama Attack: Pakistan India Peoples Forum for Peace means of finding a solution and instead initiate and engage in open and & Democracy Calls for Peace (4); All India Secular Forum Condemnation of the Pulwama Terror Attacks (6); meaningful dialogue involving all the different stake holders in order to Letter to CJI: A prayer to end the injudicious exercise end State and non-state violence and move forward towards a of discretion pertaining to the SLP against the Gauhati High Court verdict on CBI (7); Statement against Threat democratic resolution of the Kashmir conflict. of Imminent Arrest of Prof. Anand Teltumbde (8); Press Ravi Kiran Jain, National President, PUCL; V. Suresh, National Conference: Draconian Laws, State Impunity and the General Secretary, PUCL q Illegal Arrests (18); Press Release: Socialist Party's Salute to George Fernandes (19). PUCL Rajasthan: Annual Subscription: PUCL Bulletin Press Release: Jaipur, 20th February, 2018 (w.e.f. January 01, 2017) INDIA PUCL Members Rs. 200 *Ensure Safety of All Pakistani Prisoners Now* Non-Members Rs. 240 *Suspend the Jail Staff and Authorities as Instructed by the NHRC* Libraries, Institutions Rs. 300 *Stop the Hate Environment which is being facilitated in the Context OVERSEAS PUCL Members US$50 of the Pulwama Incident.* Non-Members US$100 The PUCL condemns the stoning to death of the Pakistani prisoner Shakir- Libraries, Institutions US$120 Ullah alias Mohammed Hanif, Son of Sube Khan alias Amar Singh Gill, who was booked in case number 23/10 and serving a life sentence since 2011. At present there are more than 17 Pakistani prisoners lodged in various jails of the State, including 6 in Jaipur, 2 in Jodhpur, 5 in Bikaner, 1 Kota and 3 SriGanganagar Central Jails. This incident has happened as a part of the collapsing of the rule of law in the State and the country. First with lynchings in the name of the cow, killing

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PUCL BULLETIN, MARCH 2019 1 Muslim farmers, then terrorizing and Country. We have seen the use of the shows the extent to which the hate intimidating Kashmiri students and draconian laws like Sedition and environment has penetrated even workers and now a Pakistani Cyber terrorism against Kashmiris through the walls of the prison. Prisoner in Jaipur is killed as a and other Muslims in the state, for so We demand of the political culmination of the increasing hate called anti national acts, which were leadership led by the Sh. Ashok environment. The most recent trigger comments on social media, in the Gehlot, CM Rajasthan to ensure being the backdrop of the Pulwama recent times. safety and security of all the incident after the killing of over 40 We also saw the Bikaner District prisoners at all costs and particularly Indian Security Forces by a Jaish -e' Collector, issue a bizarre order of not the vulnerable ones like the Pakistani Mohammed fidayeen . Since the 15th allowing Pakistanis to stay in the and Kashmiri Prisoner who can of February, the State and the rest of district, as if it was war time with become the victim of aggression and the country are seeing the Pakistan, sending a chilling message fights in the prison unstoppable incidents of terrorizing to several Pakistani Hindu migrants, We demand: of the Kashmiris. In Jaipur we saw the who still carry their Pakistani • Strict action and suspension of the facilitation of aggression inside Passports and are waiting to be concerned jail staff and the jail college campuses, on the streets granted citizenship. The others superintendent, and lodging of including rallies of little children and affected are those who are here due t h e F I R s a g a i n s t t h e young men, shouting slogans like to marriages on both sides. Where culprits.asstated in the NHRC Pakistan Murdabad and other such are the visas being granted that guidelines. v e n o m o u s s l o g a n s a g a i n s t brought in hordes of Pakistanis as • T h e G O R a n d G O I t h e Kashmiris, along with social media tourists. This order is also a part of the transportation of the body of the driving the high pitched attack. And hate narrative. deceased with dignity, back to his the fuelling of this hate environment And of course we were shocked that family. by the political leadership at the at the behest of the Karni Sena the • Decent compensation to the highest level in the country. All this Jawahar Kala Kendra Director family of the prisoner. has surcharged the atmosphere with prevented a play from being · Lastly, the GOI must ensure the hate and tension in the city. performed at the Navras theatre safety of all Kashmiri and As a result of this we are seeing festival as in a conversation had a Pakistani prisoners in the rest of everyday the huge exodus of statement against the Indian Army the Jails of the State. Kashmiri students and workers and which was not even the message of Kavita Srivastava, President; traders back to the Kashmir part of the play, “Patharbaaz”. Anant Bhatnagar, General the J & K from several cities of In this context, the killing of the Secretary – Rajasthan PUCL q Rajasthan and the rest of the Pakistani prisoner inside the jail

NAPM Press Statement: 15th February 2018: *Fatal Attack on CRPF Convoy at Pulwama killing 44 Jawans Condemnable* *Military and Militant Violence must end and give way to democratic aspirations of people of Kashmir* Deeply pained at the loss of 44 political parties, media and other noted that the role of the state of human lives, NAPM condemns the sections of society would respond Pakistan in planning and facilitating militant car-bomb attack on the with maturity and sensitivity, attacks of such scale and intensity CRPF convoy in Pulwama refraining from any retributive cannot be ignored and this calls for yesterday, expresses its sincere statements or actions that would more political, economic and condolences to each of the families jeopardize peace and justice diplomatic pressure on Pakistan to of the CRPF personnel who were intiatives. We warn the Govt of prevent such attacks. killed and hopes for early and India and 'powers-that-be', against The 'Kashmir' question is complete recovery of those injured using this tragic incident for their undeniably a socio-political in the attack. We know that no own ulterior political designs at the problem caused and exacerbated a m o u n t o f ' m o n e t a r y cost of justice and peace to the by decades of insincere and compensation' can do justice for deceased jawans and people of ineffective policies and politics at this loss of lives, which is also the Kashmir in particular and India at the Centre and state, massive result of the gross failure of the large. militarization and consistent state and particularly the present While the admitted involvement of neglect of the democratic government (which claims to be the Jaish-e-Mohammad in the present aspirations of the common people custodian of the interests of and earlier attacks is a matter of of Kashmir. jawans) to ensure a democratic public record and JeM must be held Viewing the political struggle, civil resolution to the political problem in accountable for its violent actions, it unrest and militancy in Kashmir the region. must be recognized that this alone only as a 'law and order' and At this moment of national grief and cannot solve the problems of civil 'territorial' problem to be handled by mourning, NAPM expects that the unrest, violence by the State and security forces comprising the Prime Minister, Home Minister, militant response by certain other State Police, Central Armed Police Defence Minister, Army Chief, all sections in Kashmir. It must also be Forces and the Indian Army, is at

PUCL BULLETIN, MARCH 2019 2 the root of the problem. a beginning for public confidence- Liberties (PUCL); Kailash Meena, NAPM The problem has only grown over building measures. People-to- Rajasthan; Sandeep Pandey, NAPM, Richa Singh, Sangatin Kisaan Mazdoor the decades, with increasing people contact between India and Sangathan; Arundhati Dhuru, Manesh alienation of the people of Kashmir, Pakistan in the larger interest of Gupta, Suresh Rathaur, Mahendra, especially disenchantment of the peace in the sub-continent must be NAPM, Uttar Pradesh; Sister Celia, youth, and excesses by the security immediately and consistently Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere, NAPM, Karnataka; forces on the one side and at times encouraged. Alongside, diplomacy Gabriele Dietrich, Penn Urimay Iyakkam, like this, of the army or police initiatives with other neighbours, Madurai; Geetha Ramakrishnan, personnel on the ground, who are towards improving the internal Unorganised Sector Workers Federation; also drawn largely from the security situation in Kashmir must Arul Doss, NAPM Tamilnadu; Dr.Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh 'ordinary working and farming also be taken up. The recent UN Samiti; Rajkumar Sinha, Chutka Parmaanu classes' of this country and are Report on human rights violations Virodhi Sangharsh Samiti,NAPM, Madhya used as canon fodder by the in Kashmir also should be taken Pradesh; Vilayodi Venugopal, CR political leadership! seriously and justice must be Neelakandan, Prof. Kusumam Joseph, Sharath Cheloor, NAPM, Kerala; It is high time India and Pakistan ensured. Dayamani Barla, Aadivasi-Moolnivasi acknowledge that deployment of NAPM urges all parties concerned Astivtva Raksha Samiti, Basant armed forces over decades by both to accept the polintlessness of the Hetamsaria, Ashok Verma NAPM states, to the exclusion of cycle of violence as a means of Jharkhand; Anand Mazgaonkar, Swati Desai, Krishnakant, Parth, Nita Mahadev, d e m o c r a t i c a v e n u e s a n d finding a solution and instead Mudita Paryavaran Suraksha Samiti, Lok engagement with the people of initiate and engage in open and Samiti, NAPM Gujarat; Vimal Bhai, Matu Kashmir at the centre of the meaningful dialogue involving the Jan sangathan; Jabar Singh, NAPM, process, has done nothing to solve different stake holders in order to Uttarakhand; Samar Bagchi, Amitava Mitra, NAPM West Bengal; Suniti SR, the core concerns of Kashmiris. end State and non-state violence Suhas Kolhekar, Prasad Bagwe,NAPM, NAPM calls upon both the and move forward towards a Maharashtra;Bilal Khan, Ghar Bachao Governments of India and Pakistan democratic resolution of the G h a r B a n a o A n d o l a n , M u m b a i , NAPMMaharashtra; Anjali Bharadwaj, to acknowledge the enormous Kashmir conflict. National Campaign for People's Right to Medha Patkar, Narmada Bachao Andolan human cost of ignoring a Information (NCPRI), NAPM; Faisal Khan, (NBA) and National Alliance of People's d e m o c r a t i c a p p r o a c h a n d Khudai Khidmatgar, J S Walia, NAPM Movements (NAPM); Dr. Binayak Sen, Haryana; Guruwant Singh, NAPM Punjab; resolution to the Kashmir question Peoples' Union for Civil Liberties (PUCL); Kamayani Swami, Ashish Ranjan, Jan and expects both nation states to Gautam Bandopadhyay, Nadi Ghati Jagran Shakti Sangathan; Mahendra Morcha; Kaladas Dahariya, RELAA, NAPM engage the people of Kashmir in Yadav,KosiNavnirman Manch; Sister Chhattisgarh; Prafulla Samantara, Lok formulating and spelling out their Dorothy, Ujjawal Chaubey, NAPM Bihar; Shakti Abhiyan; Lingraj Azad, Samajwadi Bhupender Singh Rawat, Jan Sangharsh medium-term and long-term Jan Parishad & Niyamgiri Suraksha Samiti, Vahini; Sunita Rani, Domestic Workers policies for the region. NAPM Odisha; P. Chennaiah, Andhra Union;Nanhu Prasad,Nirman Mazdoor Pradesh Vyavasaya Vruthidarula Union Both the States must initiate talks Union; Rajendra Ravi, Madhuresh Kumar, (APVVU), Ramakrishnam Raju, United with the common people of Himshi Singh, Uma, NAPM, Delhi Forum for RTI and NAPM, Meera National Alliance of People's Movements Kashmir, including youth and Sanghamitra, Rajesh Serupally, NAPM (NAPM) women, people's organizations Telangana - Andhra Pradesh; Kavita National Office: 6/6, Jangpura B, Mathura Srivastava, People's Union for Civil including militant organizations as Road, New Delhi 110014 [Tel.: 011 24374535 Mobile: 09818905316] q JRL Statement: 15th February 2019 People, Kashmir Leaders Regret Every Killing on its Soil: JRL Commenting on the incident at JRL said that the delay in the aspirations of a people has not only L e t h p o r a P u l w a m a , J o i n t resolution of the Kashmir dispute, failed but worsened the situation. Resistance Leadership (JRL) the denial to engage with the JRL said that if this death dance comprising Syed Ali Geelani, sentiments and aspirations of the has to stop , if hatred and revenge Mirwaiz Umar Farooq and people of J&K and instead the use has to stop, if killing and counter Mohammad Yasin Malik said that of a muscular military approach to killings has to stop and if we really people and leadership of Kashmir counter an essentially political and want peace in the region we have to regret every killing that happens on human problem, is wrecking havoc put an end to hostilities . And the its soil. As we witness killing of our in Kashmir especially on our next most effective and civilised manner loved ones our young, and generation and consuming them, to do so , is to reach out and engage shoulder their coffins each day we while those who are here to and listen to the concerns of all can feel and understand the pain execute this policy are also under three stakeholders and address and sense of loss that the family stress and paying a price with their them in the spirit of humanity and and friends of those who are killed lives. justice. Resolve the Kashmir go through, not for a day or two JRL said militarisation CASOs use dispute for all times. when everyone is expressing grief of bullets &pellets blowing up http://www.kashmirtimes.com/ and condolences to them ,but the homes , blinding and maiming newsdet.aspx?q=87863 silent grief and loss that stays with ,PSAs and torture as a means to them for a lifetime. c r u s h l e g i t i m a t e p o l i t i c a l

PUCL BULLETIN, MARCH 2019 3 ‘'Pulwama Attack: Pakistan India Peoples Forum for Peace & Democracy Calls for Peace How many Deaths will it take till we know that too many people have died?' PIPFPD is shocked and saddened along with questions of how such a PIPFPD, among many other by the loss of lives of 44 CRPF huge quantity of explosives was organisations and people, have personnel in a militant attack in piled up and stored. It must also be raised these issues consistently. Lethapora, Pulwama, Jammu & investigated as to why such a large Two reports ('Blood Censored' & Kashmir. The gruesome manner in convoy of military personnel was 'Why are People Protesting in which an explosives laden vehicle, moving together, in a conflict zone Kashmir'), authored by members of driven by a suicide bomber, like Kashmir. PIPFPD in 2017 and 2018 rammed into a CRPF convoy and PIPFPD unequivocally condemns respectively, had gone on to warn the scale of the operation is this and all acts of terror—whether about the worsening situation and horrifying. Loss of precious lives is perpetrated by state or non-state the failure of state policies. Sadly, t r a g i c a n d p a i n f u l . W h i l e actors. While India and Pakistan except for further war mongering, investigations are underway, it is must conduct investigations into these killings are never used by the alleged that Jaish-e-Muhammed this attack, the attack is a clear two governments to brainstorm (JeM) orchestrated this dastardly outcome of flawed Kashmir-centric towards conflict transformation. attack. policies of the Indian government PIPFPD calls for major steps to All civilized societies must prevent and the misplaced claims of wiping ensure end to violence in Kashmir bloodshed and condemn, mourn out militancy from Kashmir. The and the sub-continent. We killings. It is equally important to rigid muscular policy pursued by recommend: understand the genesis of the the Government of India, without 1. Apart from fighting militants attack and find ways to ensure that any attempts for a political militarily, Indian government such incidents do not happen in outreach, have created conditions must open channels of future. It is also important to make that are conducive for militancy. negotiation with the people of sure that violence and war are not Excessive repression in the Kashmir and introduce genuine irresponsibly perpetuated in the Kashmir valley, particularly since confidence building measures name of avenging the blood of the 2016, with men, women and to pave way for a more deceased. children being killed and maimed structured dialogue. The incident raises several with bullets and pellets, highly 2. New Delhi and Islamabad must pertinent questions that must be d i s p r o p o r t i o n a t e s c a l e o f r e s u m e c o m p o s i t e a n d addressed. According to some crackdowns and arrests and u n c o n d i t i o n a l d i a l o g u e reports intelligence inputs about an increasing graph of human rights between India and Pakistan impending attack were available violations often pushes young men and make people of Jammu with the security agencies. Also, the to pick up the gun against the state. and Kashmir an inclusive part entire highway where the attack It is not out of place to mention that of the dialogue. took place, is heavily sanitized. The militancy is an off-shoot of a deeper On Behalf of Pakistan India militant who carried out the attack malaise including an unaddressed People's Forum for Peace & released his video talking about a political dispute, subversion of Democracy (PIPFPD) fidayeen strike before the attack. All democracy and democratic rights https://countercurrents.org/2019/02/16/pul these reports suggest a possible of people and neglect of human wama-attack-pakistan-india-peoples- forum-for-peace-democracy-calls-for- security lapse that must be probed rights violations. peace/ q From Encounters, Yogi Adityanath Govt. moves to "Half-Encounters" as UP cops shoot alleged criminals below the belt1 Rashme Sehgal , February 11, 2019, First Post With a hue and cry having been over 1,100 encounters in the state abdomens, preferably in the legs. created over the number of extra- that have left 49 killed and 370 Such measures have been judicial killings that have been injured. Most of these encounters adopted by the police to quell taking place in Uttar Pradesh under took place in cities such as Meerut, criticism over a spate of alleged the Yogi Adityanath government, Shamli, Muzaffarnagar, Baghpat, extra-judicial killings of alleged the chief minister and the state S a h a r a n p u r, B u l a n d s h a h r, criminals since 2017. police force have now adopted a Ghaziabad and Noida. Shooting below the abdomen is new policy of going in for "half- In a bid to quell the uproar around part of the standard operating encounters." these encounters, the police have procedure adopted in situations Ever since Adityanath came to now switched over to a policy of wherein people may be shooting at power in 2017, there have been half-encounters, in which alleged the police. Activists say it is difficult criminals are being shot below their to determine whether the half-

PUCL BULLETIN, MARCH 2019 4 encounters have been carried out eyebrows, as most of those killed or killing, the police had invited in non-threatening situations, since wounded have been shot in an journalists to film a “shootout” with most of these incidents have taken identical fashion across the state. two armed men, who were later place between midnight and 4 am. The FIRs in such cases are shot dead in Aligarh. Meerut heads the list of half- identical with respect to the timing Scores of alleged criminals have encounters with 255 followed by and sequence of events that led to been killed since Adityanath Gautam Budh Nagar, which has the shootout. Retired IG Police SR launched his “zero-tolerance” fight had 120 such cases. Further, there Darapuri of the Uttar Pradesh against criminals after taking office have been more than 65 such cadre, who is now national in March 2017. Alok Agnihotri, a cases in Ghaziabad, Prayagraj, spokesperson for the All India member of PUCL from Unnao who Lucknow, Varanasi, Agra and People's Front (Radical), strongly has been involved in documenting Gorakhpur. criticised such encounters. He said, these cases said, "There are about File image of Uttar Pradesh Chief "In my 32 years of service, I have three encounters taking place Minister Yogi Adityanath. PTI never known so many encounters every day." Retired DIG Police Vikram Singh is to have taken place in this state A section of Uttar Pradesh police aghast at the terminology being within such a short span of time. officials do not approve of this employed by the Uttar Pradesh Yogi Adityanath is the first Uttar policy, and believe that resorting to police personnel. Singh said, "Let Pradesh chief minister who has such measures will only serve to us not fool ourselves. An encounter stated publicly that police rob the crime-fighting capabilities of is an encounter. This kind of encounters are part of his state the police. "The way we are going, artificial classification is not going to policy. The words he used were we will end up being the laughing work. While a policeman has a right 'thok do'. What is even more stock of the nation," said a senior to personal defence, he must only shocking is that if we look at the police official in Lucknow. use force that is in proportion to the backgrounds of those who have Rihai Manch, an NGO based in threat. What kind of impact is such been killed, we find that the majority Uttar Pradesh, examined 17 FIRs killing going to have on the crime are from the minorities, Dalits or in detail and concluded that these rate in the state? Very little, backward classes. There have were all cases of extra-judicial because experience has shown us been no killings of people from the killings. The Rihai Manch took up in both Punjab and Manipur that a upper castes." the matter before the NHRC and target-oriented policy has never Darapuri has filed an RTI to find out asked it to investigate the cases. delivered results," said Singh. the names and family details of all It was only when the NHRC began Lucknow-based Ram Kumar, those who have been killed or to investigate the 17 killings that the general secretary of the People's disabled. "In my application, I have Uttar Pradesh Police went on the Union for Civil Liberties (PUCL), also asked to be provided a list of defensive. says that the only reason why the policemen who have been injured, The PUCL also filed a PIL in this state has switched over to half- how much time they have spent in regard on 14 January, 2019 before encounters is because if the police the hospital, their names and ranks. the Supreme Court. A bench kill a person, they have to report his It is possible that many of them get comprising Chief Justice Ranjan death to the State Human Rights admitted to hospital in the morning Gogoi and Justices Ashok Bhushan Commission. "With these boys and are discharged by the and SK Kaul have also perused the being shot below their abdomens, afternoon. The hospital admission material on record in detail and their families also do not take up is done only to add gravity to the stated that the issues raised in the their cases, and so the police encounter," said Darapuri. PUCL petition require serious officials feel that this way, they He further pointed out that the consideration. would not end up facing any legal condition of some of the injured The next date of hearing has been hassles," said Ram Kumar. boys who have been admitted to fixed for 12 February. Kanpur-based activist Vijay state hospitals is pathetic. "I have The question remains as to why the Chawla claims that 29 half- learnt that some have developed political establishment in Uttar encounters have taken place in and gangrene and their legs have had Pradesh has not come out around the city. "The alleged to be amputated," he claimed. He vociferously against these criminal is taken to a pre-decided went to add that these intimidation encounters. The problem is that in spot, where warning tapes stating tactics are being employed the past, both the SP and BSP have that the local public should not because following Gujarat, Uttar also resorted to encounter killings. come close to the crime scene are Pradesh is the next state to serve However, no party had earlier made played repeatedly. He is then shot as a laboratory for Hindutva. Only them an integral part of state policy. at in the middle of the night or the here, he believes, it is being done Courtesy: First Post. early hours of the morning, from more vigorously. 1URL: where he is then taken to a Uttar Pradesh Police personnel are https://www.firstpost.com/india/from- hospital," said Chawla. known to be a trigger-happy lot. encounters-yogi-adityanath-govt- Chawla also said that this Last October, a constable shot moves-to-half-encounters-as-up-cops- "crackdown" has raised several Apple executive Vivek Tiwari dead shoot-alleged-criminals-below-the- q in Lucknow. A month before Tiwari's belt-6066101.html @ 12Feb 2019 PUCL BULLETIN, MARCH 2019 5 All India Secular Forum Condemnation of the Pulwama Terror Attacks We strongly condemns the terror punished. Our hearts go out to the Jammu and Kashmir government attack on the CRPF convoy in families of the security personnel as the killing of security personnel Pulwama, Jammu and Kashmir. It's who were killed or injured in the in such terror attacks in the last four a barbaric act of violence. The attack. Our deepest condolences years has increased by almost 90% perpetrators of violence should be with the families of the victims of and Pulwama terror attack is the brought to justice in accordance this barbaric terror attack. This most ghastly amongst them. q with law and the guilty should be attack points to the failure of the Big Brother Is Watching You The Union government notification allowing extensive State surveillance of personal information is a black patch on the promises of equality, privacy and freedom1 Sayantan Ghosh, Millenium Post, 9th February, 2019 American singer Rockwell wrote a monitor and decrypt data stored been a useful weapon for those in song back in 1984 named, across computers. power. Somebody's Watching Me. The The petition places reliance on the Apar Gupta, a lawyer and executive lyrics encapsulate the song's wide 2017 nine-judge bench decision director for Internet Freedom resonance among masses: "I that had declared the right to Foundation said, "The new always feel like somebody's privacy a fundamental right under s u r v e i l l a n c e l a w s b y t h e watching me; And I have no Article 21, and the subsequent government are unconstitutional privacy." Though a part of popular Aadhaar judgment in 2018, where because they breach of the right to culture, this song was etched in the disclosure of information was privacy. We have urged the reality – a reality that Indians today declared a requisite only in the Supreme Court to look into the law are struggling to cope with. On interest of national security. i n r e s p e c t t o t h e A a d h a r December 21, 2018, announcing a Breach of privacy? In its verdict on judgement." In this context, the decision that could have wide the right to privacy, the Supreme MHA notification suggests that if ramifications across the country, Court had explicitly acknowledged the government perceives a threat the central government allowed 10 that technological development to national security or public order, intelligence and investigating and innovation in the digital space it can not only monitor a citizen's agencies along with Delhi Police to to violate individual privacy may online activities but also carry out intercept, monitor and decrypt "any emerge as a threat, necessitating searches and seize information i n f o r m a t i o n " g e n e r a t e d , an expansive reading of the new stored in any computer resource, transmitted, received or stored in right. As India moves towards including mobile phones and tabs. "any computer". digitisation, algorithms and artificial The government can then access Meanwhile, the Supreme Court intelligence, the judiciary will be any information stored on a issued a notice on a PIL by the able to interpret the right to privacy computer device, including NGO People's Union of Civil and apply it to new technological passwords and photographs – Liberties (PUCL), challenging the innovations. PUCL observed, "It is even those not shared online. "Any surveillance powers of the State important to point out that the first surveillance should happen within under section 5(2) of the Indian petition challenging the citizen's judicial safeguards and oversight. If Telegraph Act read with Rule 419-A right against surveillance by the there is no such regulation, then of the Indian Telegraph Rules of s t a t e w a s t h e P U C L P I L surveillance will indeed be a breach 1951. The petition also attacks the challenging telephone tapping filed of the right to privacy. We believe constitutional validity of section 69 in 1991, in which a judgement was there should be a regulation on of the Information Technology Act given in 1997, laying down surveillance," added Gupta. and the Information Technology guidelines with regard to telephone Further, recent rules observe that a (Procedures for Safeguards for tapping. In the said case, PUCL person under state surveillance will Interception, Monitoring and had argued that any order for not be informed of his/her Decryption of Information) Rules, telephone tapping should be precarious position under scrutiny. 2009. The bench headed by Chief sanctioned by judicial authority to "I also think that there should be Justice Ranjan Gogoi tagged the prevent arbitrary and politically some rule where, at the end of the PIL on January 14, with a string of motivated decisions to tap process, a person is aware of the earlier petitions challenging the telephones of different people." surveillance," Gupta asserted. Ministry of Home Affairs' order Surveillance efforts by the ruling Meanwhile, the Ministry of Home dated December 20, 2018, government have always evoked Affairs' order on surveillance authorising ten security and the ire of opposition parties and triggered a massive controversy intelligence agencies to intercept, legal experts, yet, surveillance has

PUCL BULLETIN, MARCH 2019 6 across the country, particularly Police officials also rubbished the safeguards. If the authorities are so through political corridors. statement of misuse of law, saying confident that there would not be Responding to Congress leader that without permission from the any misuse, then why can't they Anand Sharma's criticism of MHA Home Department of the Union add the clause of safeguarding?" a l l o w i n g 1 0 s e c u r i t y a n d Government or state government, Sen also said that, in his intelligence agencies to monitor a no such surveillance can take experience, there have been computer, Finance Minister Arun place. "The order is not new and several cases where phone tapping Jaitley said: "On December 20, the neither has the government given and snooping occur without prior same order of authorisation that any new power to authorities. None permission. had been existing since 2009 was of these authorities can directly The right of wrong will ultimately be repeated. You are making a decide on whom the surveillance decided by the court; but, through mountain where a molehill does not should happen. Permission should various new norms like Aadhaar exist." Why surveillance? While the be taken from the Home Secretary and surveillance, the State has law for surveillance is being of state or Centre," said an official. cleared its path to enter a citizen's criticised by the opposition and According to the government's personal life. Recently, Facebook l a w y e r s , t h e p o l i c e a n d clarification posted on December has confirmed that it would share administration have observed that, 20, the notice was only issued to chat details with police for in today's age of rampant notify service providers to codify investigation needs. This is the life technology, surveillance remains existing orders, as it will help which is private, beyond anyone's one of the few tools that can be ensure lawful, regulated monitoring judgment – the personal is now used to crack down big crimes and and interception of any information. being forced into the paradigm of criminals. "Police is not here to The order, it said, would prevent the public and political. At every interfere in someone's personal any unauthorised agency or step, the lens of scrutiny will be life, we work to protect the people. individual from using it. However, watching you with bated breath. If Nowadays, everything can happen former IPS and former Director this is not a breach of privacy, then through a mobile phone, a laptop or General of the Human Rights what is? This, the state must clarify even a smartwatch. Now, criminals Commission, Sankar Sen, told to the Supreme Court. do not keep things as papers but Millennium Post, "Surveillance is 1http://www.millenniumpost.in/sundaypost/i they just carry it in a drive," said an an important tool but it should not n-retrospect/big-brother-is-watching-you- 340007 @ 10Feb2019 official of Delhi police requesting be there without requisite Courtesy: Millenium Post; q anonymity.

Sharing an important message sent by Prof. Prabhakar Sinha, former National President, PUCL to the CJI regarding a case pending before the SC since November, 2013 about the legality and legal functioning of the CBI in terms of the Gauhati High Court order: - V.Suresh, Editor, PUCL Bulletin Letter dated 7 February 2019 at concerned citizen with a belief that I verdict of the Gauhati High Court 12:31 should draw attention to the verdict: To, shortcomings of institutions and "We hereby set aside and Justice Mr R.Gogoi, constitutional functionaries with the quash the impugned resolution Chief Justice of India, intent to have them removed .It is in dated 1 April,1963, whereby New Delhi this spirit and with this objective that CBI has been constituted ... We Subject: A prayer to end the I am approaching you with the hope do hold that the CBI is neither injudicious exercise of and expectation that you would legal nor a part of the Delhi discretion pertaining to the remove the ugly stain (in my view) Special Police Establishment SLP against the Gauhati on the face of the Supreme Court. (DSPE) and the CBI cannot be High Court verdict on CBI During the ugly spat between the treated as a police force Sir, CBI .and the Bengal police, I came constituted under DSPE Act, First, I would like to make it clear across the startling information that 1946, the court said .It further that I am a votary of independence on 6 November, 2013 a division said the aforementioned Home and dignity of the judiciary and bench of the Gauhati High Court Ministry resolution "was not would be the last person to held that the CBI was an a,decision of Union Cabinet knowingly do anything which might unconstitutional body, which did not nor were these executive lower its prestige; but I am equally enjoy the power vested in the instructions assented to by the clear in my mind that the dignity and police. Further, I found that the President ...Therefore the prestige of any institution can be Supreme Court stayed the impugned resolution ...can at maintained and protected only by judgment on 9th November, 2013 best be... regarded as its own unimpeachable conduct. I .To support my contention, I would departmental instructions, am also a conscious and like to cite the following from the which cannot be termed as

PUCL BULLETIN, MARCH 2019 7 "law", the judgment said". 3. Was it a bona fide exercise of entrusting a large number of The CBI moved the Supreme its discretion? cases to the CBI or hearing Court, which heard the case on 9 4. Is not the CBI, an cases of appointment and November, 2013 and stayed the u n c o n s t i t i o n a l b o d y / removal of the officers of the judgment of the High Court. I have organisation, (as held by the CBI? been told that the matter is still Gauhati High Court ) 8. If and when the judgment of pending and the CBI has been exercising powers it does not the Gauhati High Court is functioning since then on the have (as held by the High upheld by the apex court, the strength of the stay order dated, Court) purely on the basis of government may make the 9.11.2013. the stay order of the illegal acts of the CBI legal I am a layman with a blind faith that Supreme Court . with retrospective effect (by the Supreme Court can knowingly 5. What would be the moral an act), but can the Supreme do no wrong, but that faith is shaken justification for the injustice Court undo the loss of a little, and I am anxious to have it done and suffering already personal liberty, reputation, fully restored.I am sharing with you caused to the people by the mental agony and material the questions, which have been CBI if the High Court l o s s c a u s e d b y a n plaguing me for the last few days judgment is upheld by the unconstitutional body for without a respite. Some of them are Supreme Court at some which the apex court is solely as follows: point of time? responsible (due to its 1. Was the S.C.judicious in 6. Can the Supreme Court continuing stay order). keeping such an important undo the injury caused to the I hope you would consider my case/matter pending for so victims by the CBI on the submission and list the case long? basis of its continuing stay pertaining to the Gauhati High 2. Was the decision to keep it order if the High Court verdict Court verdict on the CBI pending pending for so long (i.e., w.e.f is upheld? since 2013 at the earliest. .09.11.2013) a just and fair 7. Why did not these questions Prabhakar Sinha exercise of its discretion or its cross the mind of the Nepali Kothi, Club Road, misuse/abuse? S u p r e m e C o u r t w h i l e Muzaffarpur, Bihar 842002 q Statement against Threat of Imminent Arrest of Prof. Anand Teltumbde Students, Faculty and Alumni of IIT Kharagpur We, the undersigned students, Director & CEO of Petronet India Random House. Besides this he faculty, alumni and others from IIT Ltd. Even while being in the has also delivered hundreds of Kharagpur are shocked by the corporate sector, unusually, he lectures across India and abroad threat of imminent arrest of our ex- published over 20 research papers for the past three decades thereby colleague, Prof. Anand Teltumbde. in prestigious journals. carrying out the role of a public This comes in the aftermath of Later, he was invited to serve as a intellectual. Various universities rejection of the appeal he filed at Professor in IIT Kharagpur, where have conferred upon him several the Supreme Court regarding the he taught business management laurels, awards and honorary baseless FIR lodged against him by courses for more than five years doctorates. the Pune police under the pretext of before joining GIM. Currently, he Coming from the poorest of the the Bhima-Koregaon incident. He heads the Big Data Analytics poor family, Prof. Teltumbde has currently been granted a period program of GIM and has launched passed through the best institutes of four weeks for seeking pre-arrest a post-graduation course this year, in the country with scholastic bail from the competent Court. the first of its kind in the country. achievements. Just being an Details of the charges can be D e s p i t e h i s h i g h l y a c t i v e a l u m n u s o f h a l l o w e d I I M viewed in the following link: professional life, he has always Ahmedabad, he could have easily http://bit.ly/chargesonanand. been intent on giving back to lived a luxurious life only if he had Prof. Teltumbde has been known society. His intellectual contribution chosen to ignore social oddities as a renowned management encompasses studying of various around him. However, with a sense professional and a scholar. social issues and publishing of of contributing to better the lives of He graduated as a Mechanical hundreds of articles along with a people, he decided to just make Engineer from VNIT Nagpur and regular column, “Margin Speak” in enough to sustain his family at a pursued a degree in Management the prestigious Economic and reasonable living standard and from IIM Ahmedabad. He did his Political Weekly. He has authored devote time to make intellectual doctorate in Cybernetics and has 26 books which have been well contribution, the only thing held responsible positions in the received and widely read in India possible, towards making the world corporate sector such as Executive and abroad by prestigious a little more just. Informed by this Director of Bharat Petroleum publishing houses such as Zed instinct, the residue of activism Corporation Ltd. and Managing books, Routledge, and Penguin during his school and college days

PUCL BULLETIN, MARCH 2019 8 n a t u r a l l y l a n d e d h i m i n There is not an iota of unlawfulness professional reputation, his organizations like Committee for in either his voluminous writings or institute that invested so much Protection of Democratic Rights selfless activism. Rather, his entire resources in his name and recently (CPDR) of which he is today the academic career and corporate took him on its Board of Governors, General Secretary and All India career of nearly four decades have and his numerous friends and of Forum for Right to Education been without a single blemish and course his family—his wife, who, as (AIFRTE) of which he is a exemplar of the integrity of highest the granddaughter of Babasaheb presidium member. degree. Despite all these, the Ambedkar hardly bargained for this He has selflessly fought against danger of being arrested looms fate and daughters who are already caste-based discrimination and large over him. Moreover, as disturbed not knowing what has human rights violation of the regards the insinuation of his been happening to him since marginalised. Moreover, he has connection with Bhima-Koregaon August last year. been vocal about the education or Elgar Parishad, he has been a For a person who has devoted sector which is adversely affected critique of the episode and his almost four decades of his by the neoliberal policies adopted criticism has been published in The professional life in serving this state by successive governments. By Wire[https://thewire.in/caste/myth- apparatus and advocating justice closing down primary schools, bhima-koregaon-reinforces- for the marginalised, such severely cutting funds to higher identities-seeks-transcend]. criminalisation is utterly unjust. education institutes, encouraging Under the preposterous charges W i t h a l l h i s i n t e l l e c t u a l private investments in education, slapped against him, Dr. Teltumbde contributions, Prof. Teltumbde has funding private institutes by tax- can only be arrested under the lived his life as an honest truth payers' money, forcing institutes to draconian UAPA which can mean seeker and has questioned any generate their own funds through years of incarceration. Even a injustice throughout his life. fee hikes or corporate funded hardened criminal can get away Whatever criticisms he made, and r e s e a r c h e t c . , t h e r u l i n g with his crime with a metered whatever questions he placed, he dispensation has continually tried punishment of a year or two, but an has made it with utmost scholastic to push forth its monstrous innocent person merely because discipline. neoliberal agenda of liberalisation the police, invariably acting at the Keeping all his activities and and privatisation. behest of political bosses, claim credentials in mind, it is quite These incidents are not be treated that they have evidence against unfortunate that a scholar like him as stray incidents, rather they aim him could be kept for years in jail. is having to face such police actions t o w a r d s d i s s o c i a t i n g t h e The arrest for him is not simply the without any iota of wrongdoing. We marginalised masses from the hardship of prison life, it is keeping stand by Prof. Teltumbde and fruits of education. These issues of him away from his laptop which has demand quashing of the baseless national concern have been been integral with his body, from his FIR against him not only to lend him constantly brought to the fore by library which has been part of his and his family strength to endure activists and students under the life, half-written manuscripts of this torture but also to do our part as banner of AIFRTE. books committed to various responsible citizens in protecting Prof. Anand Teltumbde has been a publishers, his research papers the democratic ethos of our g u i d i n g f o r c e b e h i n d t h i s which are in various stages of country. nationwide movement to save the completion, his students who have Published in Janata (weekly education sector in India. staked their future on his magzine), 3rd February 2019 q

FORM IV 1. Place of Publication : Delhi 2. Periodicity of Publication : Monthly 3. Printer's Name : V. Suresh (Dr.) Nationality : Indian Address : 332, Ground Floor, Patpar Ganj, Opposite Anand Lok Apartments (Gate No. 2), Mayur Vihar-I, Delhi 110091 4. Publisher's name, Nationality, & address : Same as in (3) above 5. Chief Editor's name, Nationality & address : Same as in (3) above 6. Name and address of individuals who own People's Union for Civil Liberties (PUCL), the newspaper & partners or shareholders 332, Ground Floor, Patpar Ganj, Opposite Anand Lok holding more than one percent of the total Apartments (Gate No. 2), Mayur Vihar-I, Delhi 110 091 capital: I, V. Suresh, hereby declare that the particulars given above are true to the best of my knowledge and belief. March 1, 2019 V. Suresh, Publisher, PUCL Bulletin

PUCL BULLETIN, MARCH 2019 9 Right to Food Campaign's Demands from Political Parties for 2019 General Elections The Right to Food Ccampaign the current prices under the Act. must have access to the full range of requests all political parties to Double the Antyodaya Coverage: anganwadi services. In addition to consider the following suggestions Double the coverage of the improving coverage, several steps towards ensuring right to food for all Antyodaya Anna Yojana, with priority should be taken to improve ICDS while working on their manifestos for to vulnerable groups such as quality and infrastructure. the General Elections 2019. We Particularly Vulnerable Tribal Coverage of ICDS: Along with need to remember that these Groups (PVTGs) and single women, dalits, tribals, minorities, disabled elections are coming at the as per Supreme Court orders. children; special efforts must be backdrop of regular reports of Pulses and Oil: Include dal made to also cover children of starvation deaths from different (pulses), edible cooking oil and other PVTGs and migrants through parts of the country on the one hand nutritious foods at subsidised rates different models. There must be and rural distress and farmers' in the PDS. greater decentralisation and protests on the other. Local Procurement: Procurement flexibility in ICDS with local While the country now has a must be done in an increasingly local consultation to decide timings of National Food Security Act (NFSA), manner, promoting local varieties. Anganwadi Centres, menus etc. the recent spate of deaths shows Children's Right to Quality Care Work as Decent Work: All that the Act is limited in its vision and Nutrition workers providing care work, such implementation. It is currently not Eggs: Provide eggs 6 days a week as Anganwadi Workers and Helpers, even able to ensure the minimum; in all schools and anganwadis and ASHAs, should be provided with at which is that a person does not go ensure midday meals are also least the minimum wage and a hungry due to lack of food. The Act served during school vacations. decent working conditions. needs to be amended to expand Child Development Centres: To Mid-Day Meal should be extended its scope and also ensure that it treat severely malnourished to all children up to class XII. Local prevents hunger (by including a children, substantially increase the farmers and self-help groups should section on starvation protocol) quantum of and support for be given an opportunity to sell food and also contributes to better community-based village child items directly to schools for Mid-Day nutrition status of the people (by development centres (VDCs). Meals where possible, as a means including pulses, oil in PDS, eggs Crèches: To reduce the care work to stimulate the local economy. in schools and Anganwadis etc.). burden on women as well as to Stop the systematic budget cuts Along with the NFSA, it needs to be provide better nutrition, all children and privatisation of services food recognised the current situation of under six years of age must have and nutrition programmes of the hunger is a reflection of rural distress access to a crèche/day care centre government like ICDS, Mid-Day arising out of the agrarian crisis, which provides trained adult Meal etc. poor employment and livelihood supervision, child development Ban private contractors in all opportunities, failure of various activities, adequate nutrition and link public feeding/food distribution social security mechanisms and the to health services. The crèche programmes such as the ICDS, Mid- overall macroeconomic situation. In access will need to be provided Day Meals and PDS. this regard, we also make some through multiple models including Kitchen Gardens: Organic kitchen recommendations for the manifesto workplace crèches, Anganwadi – gardens must be promoted in beyond the changes required in the cum - crèches and so on. Twenty- schools and anganwadis to improve NFSA framework. five percent of anganwadi centres the nutrient content of the meals Public Distribution System should be converted to Anganwadi – served in these institutions. Universalisation: Currently, the cum - crèches and should be For Pregnant and Lactating NFSA is supposed to provide 67% of operational for 8 hours. Women the population in the country with ICDS and Mid-day Meals: The diet Community Meals: Provide free, subsidised foodgrains (cereals). under the Integrated Child hot and cooked nutritious midday However, it is seen that a number of Development Services (ICDS) and meals for pregnant women, lactating deserving households (or some mid-day meals should be enhanced mothers, homeless persons and the members of household) are through the use of millets, animal elderly in anganwadi centres (similar excluded in many states due to products like eggs, milk, yogurt, and t o p r o g r a m s i n t r o d u c e d i n identification issues as well as the meat (for those who eat it), and other Karnataka, Andhra Pradesh and caps placed on the number of ration locally available foods. Menus must Telangana). cards (based on 2011 Census data). be decided primarily in consultation Maternity Entitlements under In order to avoid these exclusion with the community. NFSA: The NFSA provides an errors, the PDS benefits must be Universalisation with quality and entitlement of at least ₹6,000 for all made universal for all residents. equity of ICDS is required to protect pregnant and lactating mothers. The Increase Foodgrains: Increase the the rights of all young children, scheme to implement this currently foodgrains provided, especially pregnant and lactating women and is applicable only to the first birth, millets, in the NFSA, from 5 kgs at adolescent girls. All children in India and entitles only ₹5,000. The

PUCL BULLETIN, MARCH 2019 10 scheme must be amended to ensure per household. sustainable and equitable means, t h a t t h e r e a r e n o s u c h Living wages: Index NREGA wage and ensure adequate food conditionalities and all women are rates to Consumer Price Index Rural availability in all locations at all time. included. The amount of benefit Labourers and ensure that they are World Trade Organization: Make must be increased (for example, it is not less than the minimum sure that India does not agree to any ₹16,000 in Madhya Pradesh and agricultural wage rates in all states. restrictions imposed by the World ₹18,000 in Tamil Nadu). It must also Timely Payment: Ensure strict Trade Organization on public be ensured that the instalments are timely payment of wages within a stockholdings and press for re- paid without any delays. fortnight, unemployment allowance negotiating the agreements in Universal Maternity Entitlements: to those who are not allotted work relation to agricultural subsidies in The Maternity Benefit Act currently and compensation for delayed favour of developing countries. covers only women in the organised payment in accordance with the Act. Sustainable Farming: India should sector. Women do paid and unpaid Urban Employment Guarantee discontinue pesticides banned by work at multiple sites simultaneously Act: Enshrine and implement a other countries and over the next such as farms, forests, worksites, National Urban Employment five years should completely phase factories, markets, and home. Legal, Guarantee Act (as implemented as a out all synthetic pesticides. Fertilizer programmatic and institutional programme in Tripura) with a subsidies should be reduced and provisions must be made to ensure guarantee of at least 100 days per investment should instead be made maternity entitlements that is household for both unskilled and in organic agriculture. There should equivalent to at least minimum skilled jobs, suitable for urban be a total ban on genetically wages at prevalent rates for nine contexts. modified crops and other foods. months for all women. Right to Food Choice Right to livelihoods resources of Special Packages Beef Ban: Remove bans on the marginalised people Community Kitchens in urban slaughter of cows on religious and Safeguard land rights of adivasis areas: Start subsidized community other grounds. by strong implementation the Forest kitchens in all cities, towns and block Social Accountability Rights Act (FRA) 2006; appoint headquarters (like Tamil Nadu's Grievance Redressal: Appoint people's representative at the Amma Canteens) and also in State Food Commissions, District district and block level with hamlets with high tribal populations. Grievance Redressal Officers and immediate effect. Particularly Vulnerable Tribal Vigilance Committees in all states, Protect dalits from forceful Groups: Acknowledging the crisis districts, blocks and fair-price shops evictions, allocate specially of hunger and malnutrition amongst and also ensure a mechanism so reserved land to the landless dalits, PVTGs, provide all the 75 identified that social audits are regularly and create fast track courts for PVTGs nationwide with doorstep conducted for all food schemes. speedy resolution of land disputes. delivery of a special free nutritional Right to Information: Do not Implement with letter and spirit The package (similar to the one provided amend the Right to Information Act, Right to Fair Compensation and to Rajasthan's Sahariyas of 35 kg but instead strength the state Transparency in Land Acquisition, foodgrain, 2 kg of dal, 2 kg cooking information commissions, appoint Rehabilitation and Resettlement oil and 1 kg of ghee every month Information Commissioners, Act, 2013. along with monthly social pensions Lokpals and Lokayuktas and Technology and Welfare as introduced in Jharkhand). implement the penalty provisions of Prevent Aadhaar Exclusions: Social Security Pensions these laws. Ensure that no one is excluded Universal Pensions: Provide Whistleblower protection law: because of Aadhaar to avail of their unconditional universal social I m p l e m e n t w h i s t l e b l o w e r s social security entitlements security pensions to all elderly protection Act and create a especially rations, pensions and above 60 years, differently-abled conductive environment wherein NREGA – delink Aadhaar from all persons, single women and other people have easy access to social welfare schemes. vulnerable communities such as information. Aadhaar: Delink Aadhaar from and transgender persons (as initiated in Agriculture amend Section 7 of the Act to ensure Tamil Nadu) and PVTGs (as initiated Minimum Support Price: Enact the that Aadhaar is not made mandatory in Jharkhand). Bill for Farmers' Right to Guaranteed to avail of any social security Increase Pensions: Increase the Remunerative Minimum Support entitlements including rations, amount for social security pensions Price pending in both houses of pensions, schools and others from monthly ₹200 to at least ₹3,000 Parliament. Te c h n o l o g y s h o u l d e n s u r e or half the minimum wages L a n d R e f o r m s : I m p l e m e n t welfares of people and not (whichever is higher) and ensure redistributive land reforms and stop exclusion, marginalisation and pain. that they are inflation-indexed. forcible land acquisition. Management Information System National Rural Employment Minimum Wages: Secure minimum data should be accessible to Guarantee Act wage of not less than Rs 18000 per people and should be in public Double NREGA: Double the annual month for all workers. domain. q guarantee from 100 to 200 workdays Encourage food production: Encourage food production through

PUCL BULLETIN, MARCH 2019 11 Relocation of Crocodiles: Green Outfit sends Legal Notice to CM, Centre The notice urged the recipients to reconsider their decision and follow the guidelines of the Wildlife Protection Act to preserve the crocodile species. Days after The Indian Express ecological services of nature. Let crocodiles from their natural habitat reported the state government's us not overlook the needs and is against the principles of 'The decision to relocate hundreds of habits of the crocodiles and other Wildlife (Protection) Act 1972'. crocodiles from Pond 3 and 4 of the food-web species for some selfish, Especially such an act by the Narmada Dam in Kevadia Colony human-centric ends.” Forest Department which very well to clear path for the sea plane The notice urged the recipients to knows that this period is the terminal connecting the Statue of reconsider their decision and follow breeding season of the crocodiles Unity, the Paryavaran Suraksha the guidelines of the Wildlife raises questions on their role in the Samiti (PSS) on Saturday served a Protection Act to preserve the management of wildlife and its legal notice to the Union Ministry of crocodile species. It stated, “The habitat. More significantly, the Environment, Forests and Climate purported reason given (for the importance of this species is Change, Secretary of Ministry of translocation of crocodiles near the illustrated by the multiple legal and Environment, Forests and Climate world's tallest statue) is “Tourist policy efforts which have been C h a n g e , P r i n c i p a l C h i e f Safety” but most likely this is being developed by the Government of Conservator of Forest & Head of done for the proposed 'Seaplane India to protect the crocodile's Forest Force (HoFF) of Gujarat as Project'. We strongly believe that population. Any activity which is well as the chief secretary of the translocation of crocodiles will against the survival of the highly Government of Gujarat to stop the cause further problems for this protected species without having translocation, calling it “drastic and nationally vulnerable Schedule I been approved by the State Wildlife mindless action”. species and result in multiple Board and National Wildlife Board The notice, which has also been issues within the area for different and the Government of India is sent to Chief Minister Vijay Rupani, stakeholders, including the patently illegal. There are called the decision of the state authorities concerned.” established Rules, Regulations, government a “short-sighted (one) The notice further stated, “In and Policies to be followed before with long term impacts”. It also absence of the known number of attempting to relocate scheduled questioned the necessity of the crocodiles in the present Lake 3 & species.” said translocation and demands 4, it is not possible to claim a According to Rohit Prajapati of the that it must be made known who crocodile-free water body. Paryavaran Suraksha Samiti, the made the decision and the Moreover, there is also the organisation will file a petition in the consultation sought before possibility of crocodiles entering competent court of law if the executing the translocation of the the dykes from adjoining water government continues its exercise crocodiles. “On what scientific and bodies that are at the distance of to evacuate crocodiles from their technical bases and supervision 18-20 km from the Narmada Dam natural habitat. this action is undertaken? The and the main river course.” Published in The Indian Express, drastic and mindless action of the Raising concern over the arbitrary February 3, 2019 Forest Department will result in translocation of crocodiles close to Link: destruction and degradation of the their breeding season, the notice https://indianexpress.com/article/cities/ahme habitats of many species and stated, “The government's decision dabad/crocodiles-statue-of-unity-green-outfit- sends-legal-notice-to-cm-vijay-rupani-centre- undermine the multiple values and to incarcerate and relocate 5566532/ q Centre's Silence Means Millions May Face Eviction Threat after Supreme Court Order on Forest Rights Act The 'Supreme Courts February defense of a law, the version of the claims for their traditional rights 13th 2019 order in a case petitioners – forest officials, ex- over lands, forest and forest challenging the Forest Rights Act, zamindars and a handful of wildlife resources under the Forest Rights which was published yesterday NGOs – was hence taken to be the Act, and – for some States – goes evening, is a major blow to the truth. In fact their petition is not in on to state that claimants whose struggle of tribals and forest accordance with facts, law or rejections have “attained finality” dwellers for justice and to the conservation, and 'several of Indias should now be evicted. homes, lands and livelihoods of top environmentalists and The fact is that numerous official millions of our poorest people. scientists have condemned their and independent reports have The Central government- for the petition. confirmed that huge numbers of fourth time in a row –chose not to The Supreme Court's order directs claims have been wrongly rejected argue at all in the Court. As no other various State governments to and that forest officials, in party can speak effectively in report on the status of people's particular, have a track record of

PUCL BULLETIN, MARCH 2019 12 illegally preventing people's rights the British and post independence • e x p o s e t h e C e n t r a l from being recognized. Both State governments, who seized forest government's collusion with big and Central governments have lands without respecting people's companies and forest officials repeatedly recognised this – but the rights. Two thirds of this country's against forest dwellers; Central government chose not to forests are in areas that • fight to ensure that all inform the Court of this basic fact. constitutionally belong to tribals governments and parties The Act contains no clause for under the Fifth Schedule of the defend the legal rights of tribals eviction of rejected claimants, Constitution. Is another historic and forest dwellers, and and in fact section 4(5) injustice about to be committed • fight against any effort to use specifically prohibits eviction against tribals and other forest this order to justify illegal u n t i l t h e p r o c e s s o f dwellers? evictions or other atrocities implementation is fully complete We, and we believe all other against forest dwellers. in an area. But this order can organisations, parties and Campaign for Survival and become a pretext for forest movements interested in justice, Dignity, officials to attack lakhs of forest will: https://forestrightsact.com/2019/02/20/cent dwellers across the country. This • seek to have this order res-silence-means-millions-may-face- eviction-threat-after-supreme-court-order- Act was enacted in order to remedy reviewed or modified in on-forest-rights-act/ @ 21.2.2019 q the historical injustice committed by accordance with law,

Forest Rights Alliance – Bhumi Adhikar Andolan Supreme Court Verdict on Forest Rights Act is a Continuation of Historic Injustices over Adivasis and Other Forest Dwelling Communities New Delhi, February 21, 2019: The 12 that Gram Sabha has Supreme country's forest dwellers. recent order of the Supreme Court P o w e r o v e r a n u m b e r o f The last time country-wide on a petition filed by the Wildlife C o m m i t t e e s a n d t h e i r evictions took place was in 2002- Trust of India, Nature Conservation recommendations along with that 2004, by an order issued by the Society and Tiger Research and of the Forest Rights Committees MoEF, under the Bharatiya Janata Conservation Trust evicting of more have precedence over the Party led National Democratic than a million forest dwellers whose technical 'rejections' by the district Alliance government, [that too with claims under the Forest Rights Act and other committees. Other a passing reference to a non- has been 'rejected', is in line with committees at Sub-Division or existent Supreme Court order of 23 the sustained attack by the pro District level can only ask for November 2001] in giving a wrong corporate and conservation lobby reviewing these claims. The Court impression that evictions had been since enactment of the Act in 2006 seems to have overlooked this ordered by the Supreme Court to all in the name of public interest. By critical point. In absence of the the state and union territories, blocking the process of claiming Union government's lawyer in stating that approximately 12.50 and reclaiming of forest rights of the various hearings the details and lakh hectares of forest land is under forest dwellers this order will make processes of recognition and encroachment and that 'all the process of implementation of rejection of Claims has been encroachments which are not FRA 2006 dysfunctional. Forest overlooked and the affidavits filed eligible for regularisation should be Rights Alliance – Bhumi Adhikaar by the State governments have not summarily evicted in a time bound Andolan will appeal this order and been thoroughly discussed and manner and in any case not later will not be mute spectator to the looked into. than September 30, 2002. spectre of terror to be unleashed in The absence of the government's Is another historic injustice about to the forest areas. We urge political lawyer during the hearings only be committed against them yet parties to oppose this and not fall reinforces the predominance of again? At least two thirds of the victim to the malicious propaganda colonial mindset against forest country's forest lands are tribal of the wild life groups and rather people in this legal process and lands under the Vth Schedule of the engage in effective implementation how the government views their constitution. The implementation of of FRA. As the General Elections rights and welfare. This order, if this order will definitely see more approach, there is a need for open followed, can become a pretext for unrest in various parts across India political debate on intentional non- forest officials to attack lakhs of which will be leading to the implementation of FRA by the forest dwellers across the country, impoverishment of the tribals and g o v e r n m e n t a g e n c i e s , i n preventing which was the very t h e o t h e r f o r e s t d w e l l i n g connivance with Corporate forces purpose for enacting the law. This communities. With this draconian and so-called wild life protection Act was enacted in order to remedy order even the status of right groups. the historical injustice committed by holders, who have already received It is to be noted that as per the the colonial rulers as well as after the rights will be endangered. In all provisions of the Act under section i n d e p e n d e n c e a g a i n s t t h e probability they would also be

PUCL BULLETIN, MARCH 2019 13 attacked by Forest department and since governments have not shown light of the current Supreme Court by the mafias engaged by the any political will and made every law. We also demand that companies. attempt to dilute the law and also government issue an Ordinance in It needs to be noted that the historic violate it in name of development larger interest of protecting rights of Kisan Long March to Mumbai and conservation. forest dwellers to stop any evictions undertaken by farmers and Forest Rights Alliance and Bhumi in the name of implementing the adivasis last year and happening Adhikar Andolan condemns the Supreme Order and prevent even now, as we write this, also lackadaisical attitude of the NDA attempts of further harassment. raised the large scale irregularities government and demands effective 36, Pandit Ravi Shankar Shukla in the settlement of claims under implementation of the Forest Lane, (Canning Lane), New Delhi FRA. Communities across the Rights Act and subvert any attempt 110001 country are still struggling to ensure at diluting the law and stop from Link: [email protected] | proper implementation of the Act proceeding to forced evictions in 011-23782890 q

Over 70 Experts Call for US to Stop Interfering in Venezuela1 Venezuelan Analysis, 24th January, 2019 Noam Chomsky, Alfred de Zayas, Sujatha Fernandes, Boots Riley, John Pilger, Vijay Prashad and many others oppose US interventionism in Venezuela. The statement is worth the read The United States government have been worsened by US deep depression, Venezuela m u s t c e a s e i n t e r f e r i n g i n economic sanctions, illegal under remains a politically polarized Venezuela's internal politics, the Organization of American country. The US and its allies must especially for the purpose of States and the United Nations ― as cease encouraging violence by overthrowing the country's well as US law and other pushing for violent, extralegal government. Actions by the Trump i n t e r n a t i o n a l t r e a t i e s a n d regime change. If the Trump administration and its allies in the conventions. These sanctions have administration and its allies hemisphere are almost certain to cut off the means by which the continue to pursue their reckless make the situation in Venezuela Venezuelan government could course in Venezuela, the most worse, leading to unnecessary escape from its economic likely result will be bloodshed, human suffering, violence, and recession, while causing a chaos, and instability. The US instability. dramatic falloff in oil production and should have learned something Venezuela's political polarization is worsening the economic crisis, and from its regime change ventures in not new; the country has long been causing many people to die Iraq, Syria, Libya, and its long, d i v i d e d a l o n g r a c i a l a n d because they can't get access to violent history of sponsoring regime socioeconomic lines. But the life-saving medicines. Meanwhile, change in Latin America. polarization has deepened in the US and other governments Neither side in Venezuela can recent years. This is partly due to continue to blame the Venezuelan simply vanquish the other. The US support for an opposition government ― solely ― for the military, for example, has at least strategy aimed at removing the economic damage, even that 235,000 frontline members, and government of Nicolás Maduro caused by the US sanctions. there are at least 1.6 million in through extra-electoral means. Now the US and its allies, including militias. Many of these people will While the opposition has been OAS Secretary General Luis fight, not only on the basis of a divided on this strategy, US support Almagro and Brazil's far-right belief in national sovereignty that is has backed hardline opposition president, Jair Bolsonaro, have widely held in Latin America ― in sectors in their goal of ousting the pushed Venezuela to the precipice. the face of what increasingly Maduro government through often By recognizing National Assembly appears to be a US-led intervention violent protests, a military coup President Juan Guaido as the new ― but also to protect themselves d'etat, or other avenues that president of Venezuela ― from likely repression if the sidestep the ballot box. something illegal under the OAS opposition topples the government Under the Trump administration, C h a r t e r ― t h e T r u m p by force. aggressive rhetoric against the administration has sharply In such situations, the only solution Venezuelan government has accelerated Venezuela's political is a negotiated settlement, as has ratcheted up to a more extreme and crisis in the hopes of dividing the happened in the past in Latin threatening level, with Trump Venezuelan military and further American countries when politically administration officials talking of polarizing the populace, forcing polarized societies were unable to “military action” and condemning them to choose sides. The obvious, resolve their differences through Venezuela, along with Cuba and and sometimes stated goal, is to elections. There have been efforts, Nicaragua, as part of a “troika of force Maduro out via a coup d'etat. such as those led by the Vatican in tyranny.” Problems resulting from The reality is that despite the fall of 2016, that had potential, Venezuelan government policy hyperinflation, shortages, and a but they received no support from

PUCL BULLETIN, MARCH 2019 14 Washington and its allies who Emeritus, MIT and Laureate Professor, Pilger, Journalist & Film-Maker; Mark favored regime change. This University of Arizona; Laura Carlsen, Weisbrot, Co-Director, Center for Director, Americas Program, Center for Economic and Policy Research; Jared strategy must change if there is to International Policy; Greg Grandin, Abbott, PhD Candidate, Department of be any viable solution to the Professor of History, New York University; Government, Harvard University; Dr. Tim ongoing crisis in Venezuela. Miguel Tinker Salas, Professor of Latin Anderson, Director, Centre for Counter For the sake of the Venezuelan American History and Chicano/a Latino/a Hegemonic Studies; Elisabeth people, the region, and for the Studies at Pomona College; Sujatha Armstrong, Professor of the Study of principle of national sovereignty, Fernandes, Professor of Political Women and Gender, Smith College; Economy and Sociology, University of Alexander Aviña, PhD, Associate these international actors should Sydney; Steve Ellner, Associate Professor of History, Arizona State instead support negotiations Managing Editor of Latin American University; Marc Becker, Professor of b e t w e e n t h e Ve n e z u e l a n Perspectives; Alfred de Zayas, former History, Truman State University; and government and its opponents that UN Independent Expert on the Promotion many others. See the site for the list of all of a Democratic and Equitable names. will allow the country to finally 1 emerge from its political and International Order and only UN Source: https://venezuelanalysis.com rapporteur to have visited Venezuela in /analysis/14249 @ 13Feb2019 q economic crisis. 21 years; Boots Riley, Writer/Director of Signed: Noam Chomsky, Professor Sorry to Bother You, Musician; John Thanks to the S.C. for the CBI's Dubious Existence and Nefarious Activities. The legal status of the CBI is treated as a ' police force It is highly irresponsible of the apex doubtful and it has no moral right to 'constituted under DSPE Act, court to allow a body of doubtful exist. It is still there creating so 1946", the court said .It further said legal existence to play havoc with much scandal and infamy due to the aforementioned home ministry the lives of the people and public the mysterious and inexplicable resolution was "not the decision of servants, especially, when it has conduct of the apex court .The Union Cabinet nor were these found it "a caged parrot".The constitutionality of the organisation executive instructions assented to observation is a reflection on its fair was challenged in the Gauhati High by the Ptesident. "Therefore, the and impartial functioning.Should Court and the court held on 6 impugned resolution ...can at best the court keep the case pending November 2013 that the body was be ...regarded as departmental and allow an "unconstitutional" unconstitutional and it could not act instructions, which cannot be body to play havoc with the lives of as a police force. The Division termed as "law", the judgment said. constitutional bodies? And what Bench of the court held as under: The CBI moved the Supreme Court would be the moral justification for "We bereby... set aside and quash against the High Court verdict and the suffering the CBI has been the inpugned resolution dated April the case was heard on 9 causing to the people if it is found to 1, 1963., whereby CBI has been November,2013 by a bench be really "unconstitutional." In that constituted... We do hold that the headed by J.Sathashivam .The case, the sinner would be the CBI is neither legal nor a part of the S.C.stayed the judgment of the Supreme Court and not the CBI. Delhi Special Police Establishment High Court and went into a deep Prabhakar Sinha on facebook q (DSPE) and the CBI cannot be amnesia which continues

Why does a democratic India need more Draconian Laws than the India under the British Rule? Prabhakar Sinha Democratic India has far more the dreaded draconian laws and irrational.If there is a need for draconian laws than the India under enacted in the Republic of ruthless laws in our country, there the British imperial rule. In fact, the I n d i a . W h e n a d e m o c r a t i c has to be a reason. The fact is that Rowlatt Act whose opposition led to government needs draconian laws, successive governments after the massacre of more than a it means that it has ceased to be i n d e p e n d e n c e h a v e b e e n thousand men, women and agovernmentfor the people and is shamelessly violating the letter and children at the Jallianwala Bag is engaged in serving a handful at the spirit of the constitution and very mild and liberal compared to cost of the multitude leading to the betraying the the people to serve MISA (1971) TADA (1985), UAPA need of an arsenal of draconian the rich causing anger and (1967), POTA (2002), AFSPA laws to suppress the protesting resentment. To take only a few (1958) and numerous other laws masses. Would the people create examples, the constitution enjoins enacted by the Union and the State such a situation for a government the State to 'minimise the governments after independence. which serves them well as to inequalities in income' and Under the Rowlatt Act thousands warrant enactment of draconian 'eliminate the inequality of status, could not have been arrested laws for their own suppression? opportunity and facility' but the indiscriminately as is done under Such a course would be illogical rulers have been maximising

PUCL BULLETIN, MARCH 2019 15 them.The constitution enjoins the democracy to a plutocracy (the rule justiciable. Thus the people have State to prevent concentration of of the rich) with the facade of been made helpless spectators of wealth and the means of production democracy. It is this plutocracy, the usurpation of their rights and into a few hands, but the rulers which impels the government of the their future while the usurpers have have been doing the opposite and day to fill its arsenal with draconian been vesting themselves with have created a class of the rich and laws to suppress the masses ferocious laws to suppress them if super rich. The constitution clamouring for the fulfilment of the they raise their voice against their mandates the State to utilise the dream which the politicians have betrayal. Ours is a government of resources of the nation for the sold them. the people and by the people community, but the same is being The people are helpless in forcing because it is elected by the people, gifted to the handful of the rich to the government to implement the but is not a government for the make them richer. The rich fund all provisions in the constitution people because it serves a handful the political parties and finance (mentioned above) because they instead of the general public.It their leaders, and they all return the have been made non-justiciable i.e. offers bouquet to its paymasters favour by employing the power of the courts cannot direct the State to andlathis, bullets and prison to the the State and resources of the implement them. All the provisions rest. The draconian laws are nation to serve the interest of their dealing with the welfare of the needed to shut us in the prisons benefactors at the cost of the people have been placed in Part IV and ask us to shut up. q people. They have reduced our of the.Constitution, which are non-

PUCL Tamilnadu: Amendment for the Constitution to be taken in the National Conference Dear All, Secretary Kavitha Srivatsava on a discussion to reach a decision. So The Amendment seen below has Nov.19th of 2018 to be placed in the this is the apt time for taking this been sent to the National General National Council last year. This was proposed amendment for a Secretary V.Suresh and National placed before the Delhi National discussion in the coming National Vice President Pro.Saraswathi on Council 2018 and was discussed to Conference. Hope the leadership November 17, 2018 and was also some level and a decision to take will do the possible. send to National General Secretary this for further discussion across Thanking You, and Ex National President the Sub Continent among all State T.S.S.Mani, National Council Prabhakar Sinha, and National Councils and then can be taken for Member, Tamilnadu PUCL Amendment Needed PUCL in its Constitution, clearly President of Tamilnadu in PUCL, be done, which can make the Office placed that members belonging to though they were understood as bearers to concentrate their work in any Political Party can be a members of R.S.S. a Social, P U C L f r e e l y w i t h o u t a n y member of a Council like National Cultural organisation .Now the disturbance. Council, State Council, and District Socio-Political situation in the When we want the Office bearers at council, but can't be an Office Country leads to mushroom growth every level to exclusively take the bearer in any level. This bylaw was of Social organisations, and they responsibility of pucl, without taking written in 1980, when there are w e r e k n o w n a s N o n - a main leadership role in other leaders and individuals from Party.organisations. So there is organisations, we mean only the Political Partys, who came to ample oppurtunity that many decision making mainstream PUCL, since they felt the need of a vanguards and leaders of such office-bearers like, President, Civil Liberty movement in India Social organisations came inside General Secretary and Treasurer. after Emergency. At that time even PUCL. This leads to a situation, that But to include some Eminent, High there were Non Party Social many of PUCL office bearers are in Profile persons who may be organisations, to which some of the t h o s e S o c i a i l , C u l t u r a l leaders of any Social, Cultural, leading persons of PUCL were organisations and Trade Unions T.U.s, and Funded NGOs, as Vice attached to. If we want to name and even having funded NGOs. Presidents and Secretaries or Joint some of the organisations we can This leads to some clash in their Secretaries at any level can be mention R.S.S. like Social, Cultural work. Preferences and Priorities done, so that to acknowledge the organisations. Particularly George clash within their own work Human Rights movements and Fernandes and Sathyanarayana Style.So PUCL has to come out Defenders in the Society and PUCL singH of C.PI.[M-L} were members with some "New ideas" so that the can have an inclusive say. These of National Council. And Arun Office bearers of PUCL may not Projections can be helpful to Shourie, was National Generel have any conflict of interest and Strengthen the Outfit against any Secretary,and Ravishankar Prasad shall be fee to act for PUCL with onslaught from the Violeters. was State Secretary of Bihar and main Priority and first Preference. From--T.S.S.Mani q Cho Ramasamy was State An amendment in this respect shall

PUCL BULLETIN, MARCH 2019 16 Appropriating An Icon: RSS Celebrates Netaji Subhash Chandra Bose Ram Puniyani On this 23rd January BJP-RSS eye to eye on this issue. For getting actions of Netaji and Hindu organized various programs to freedom for India, Congress nationalists-RSS were poles apart. honor Netaji Subhash Chandra launched 'Quit India' movement to So why are they projecting him Bose. In one of these programs, a build the anti British pressure and today? Why are they trying show clash took place leading to a curfew this gave boost to the freedom similarities which are not there? in Kendrapada, Orissa. In different struggle. During Second World War Essentially as RSS did not meeting organized by BJP-RSS Netaji's approach was to launch participate in freedom movement, it attempt was made to draw parallels armed military action against British does not have any national icon. between Bose and Savarkar, Bose by collaborating with axis powers RSS's Atal Bihari Vajpayee at that and RSS. Propaganda is on to show (Japan and Germany), that's how he time was a young college student that it was on Savarkar's suggestion set up INA. He also formed free who during Quit India movement that Bose undertook to tie up with India's provisional Government in was jailed by mistake; he axis powers (Germany and Japan). Singapore on 21st October 1943. He apologized and got himself Parallels are being drawn between has been a charismatic leader who released. Savarkar since he was RSS and INA (Azad Hind Fauz). was thoroughly anti British. Anti British before being imprisoned Now all attempts are on to show that Undoubtedly Congress was firm in in Andaman jail has been glorified Bose's nationalism was close to that the path of non violence. It launched as the brave warrior by prefixing of Savarkar-RSS. the Quit India movement which was Veer (Brave) to his name. He also RSS combine is trying to praise led by Mahatma Gandhi. Bose did had apologized to the British and got Netaji Subhash Chandra Bose as develop some differences on the released from the jail. Mostly the the one who gave legitimacy to matter of fighting against British. He communal nationalists, Muslim struggle for Independence against resorted to tying up with the Fascist League - Hindu Mahasabha - RSS British. When did this combine Germany and its ally Japan. What never took anti British stance. This realize the contributions of this great were RSS and Hindu nationalists should be the defining point for freedom fighter? Or for that matter doing at this point of time? Hindutva Indian nationalism. Congress and the question comes did RSS ideologue Savarkar, the progenitor Bose were anti British to the core, so combine ever want to struggle of Hindutva and Hindu nation their nationalism in a way has against British rule? It is last few ideology, propagated at that time similar wave length despite some years that these attempts to identify that Hindu nationalists should help differences. with national icons are going on. British in their war efforts against When INA of Bose was being tried While in case of Sardar Patel the J a p a n a n d G e r m a n y. R S S by British for their anti War actions propaganda is that had he been the Sarsanghchalak M. S. Golwalkar against British, it was the likes of first Prime Minster of India we would also went on to instruct all its Nehru who defended the INA, none not have had Kashmir problem, we branches not to do anything which from Hindu Nationalist camp came would has progressed more. The will annoy British and kept aloof forward to defend Bose and his truth in this matter is that Patel and from the anti British struggles. So colleagues during the trial by British. Nehru were two solid pillars of while Congress was putting It is only for electoral reasons that I n d i a n C a b i n e t w h o g a v e pressure on British through Quit now RSS-BJP need to identify with foundations to Indian republic. The India movement, Netaji was fighting the likes of Patel and Bose. They are differences among them were of British through INA, Savarkar was actively trying to dig up some points minor nature and Patel was the proactively helping British by here and there to get a ride on the most trusted Cabinet colleague for helping them in recruitment for back of legends like Patel and Bose. Nehru, armed forces. In a way RSS did So far Sardar Patel has been As far as Subhash Chandra Bose, nothing which went against British projected and now it's Netaji's turn! Netaji, is concerned we know that rule. So here, with a forked tongue, Their central opposition is to Indian he is one of the major freedom Hindu nationalists on one hand nationalism. They vilify Jawaharlal fighters of India. He was part of were supporting the British in their Nehru who stood rock solid in Indian National Congress most of war efforts (Savarkar) or keeping defense of secularism and his life and was its President of aloof (Golwalkar-RSS), on the other democracy. Since RSS wants to Tripura session in 1939. Within now they are eulogizing Netaji for oppose the Nehru legacy, Congress Congress he was part of the his anti British INA! on electoral ground, RSS keeps Socialist group. He and Nehru had While Netaji was Socialist, close to propping up icons like these. While matching ideas on issues of ideas held by Nehru, Golwalkar these icons had some differences socialism, secularism among went on to write that Communists with Nehru, they essentially were on others. He did fallout from Congress are internal threat to the Hindu similar wave length as far as secular on the issue of method of getting nation. While BJP at the time of its democratic values are concerned. freedom. While the Gandhi-led formation used the word Gandhian These projections of Patel and Congress wanted to adopt the path Socialism, it was a mere electoral Netaji are mere electoral ploys to of non violence, Netaji did not see Jumla (gimmick). The ideology and garner more power! q

PUCL BULLETIN, MARCH 2019 17 Press Release: 2nd February 2019 Press Conference: Draconian Laws, State Impunity and the Illegal Arrests A press meet against the illegal Adv. Jagdeesh Meshram talked and the Khairlanji case where dalit arrest of human rights defenders about how the 2016 Surjagad case rural workers were lynched and under UAPA and other draconian was foisted on Adv. Surendra raped by local upper caste laws was held at Press Club of Gadling and Varavara Rao just landlords for defending their land. India, New Delhi yesterday, i.e., 2 days ago. On 31st Jan, the police They are still seeking justice. February 2019. transferred both from Pune jail to Anil Chamadiya, stated that there is In blatant disregard to the order of Aheri, Gadchiroli and are now no legal recourse when people are the Supreme Court of India making more efforts to foist other declared guilty without trial. These allowing Prof. Anand Teltumbde c a s e s a n d p r o l o n g t h e i r actions not only spread fear among four weeks to approach the court incarceration. people but also threaten the for anticipatory bail, the Pune police Himanshu Kumar, human rights judiciary. arrested him from the Mumbai activist, declared the arrest of Uma Chakravarti, feminist historian airport at the wee hours of 2 activists after branding them and film maker declared that February 2019. Later in the day the Maoists isincredulous. He spoke people may be angered and Pune Sessions Court abiding by how those who have been serving depressed by these events but they the SC order released Prof. the most marginalised people now must speak out. The current Teltumbde and directed them to find themselves in jail, put there by situation is one often repeated in desist any action against him till 11 Narendra Modi and the BJP led h i s t o r y. E v e n d u r i n g t h e February 2019. The Campaign government. He added that people Emergency, when thousands of A g a i n s t S t a t e R e p r e s s i o n must oppose these illegal arrests people were arrested and organised a press conference to else the government won't stop censorship prevailed, people denounce the malicious arrests of arresting whomsoever it wants. He spoke out in the face of threats. She workers, lawyers and human rights stressed again on the need to said the government won't declare defenders at the Press Club of struggle against fascist forces. an emergency but has already India, New Delhi on 2 February Ujjwal Kumar Singh, Professor - implemented one in Chhattisgarh. 2019. Delhi University, characterised The government seeks to divide the Taking a position against the draconian laws like UAPA as not people and target workers, lawyers communal forces in the country, only archaic but also a colonial and other human right defenders by Justice BG Kolse Patil spoke of method to stifle dissent. The name accusing them of conspiring uniting against these forces and of these extra-judicial laws is against the state. What rule of law, bringing the real perpetrators of the irrelevant, as soon as one is except an emergency would allow violence at Bhima-Koregaon repealed another takes its place as for this? Shambhaji Bhide and Milind was the case between POTA and John Dayal, human rights activist Ekbote to justice. Adv. Vrinda UAPA amendments in 2004. There condemned prevalent arbitrary use Grover stated that Anand are no fair trails under these Acts of the law. Arresting people who Teltumbde's name was maliciously and the conviction rate is speak out like suppression of the added and despite the interim appallingly low. He rhetorically press are efforts to hide the crimes protection till 11 February accorded asked why these draconian laws of the state. to him by the SC order, he was were needed when there exists a N Sai Balaji, JNUSU, stated that the picked up at 3:30 am and taken to robust IPC? It is to create a sense of Modi government is especially Pune Sessions Court. She further fear. He narrated how people vicious against people who fight for added that Teltumbde's house was spend years between being jailed jal-jangal-jameen and for the rights raided when he wasn't at home and acquitted stating how this is in of adivasis, Dalits, Muslims and whichin itself is illegal. The itself a form of punishment.These women. Modi's policy is lies, loot disregard for the law by the Pune arrests are politically motivated and hatred. Exposing this lands you Police is blatantly clear. actions by the state against these in jail while Nirav Modi and Mehul MinalGadling spoke about the people and the organisations and Choksi are flown beyond the reach threats faced by her partner, Adv. communities they work with. They of law. Surendra Gadling from the local are political prisoners and the fight Vasantha, activist ,spoke about the police officers like Ravindra for their release must be political deteriorating health of her partner Kadam. She further asked if and not just legal. Prof. GN Saibaba in jail right now, helping dalits, adivasis and workers Subhash Gatade drew parallels and appealed to everyone to unite was reason for the arrest? between the Bhima-Koregaon case and speak up for her husband

PUCL BULLETIN, MARCH 2019 18 whose life is under threat. trial, no effort was spared to brand event even when retired SC and Sidhharth Varadarajan, editor of him anti-national. Fear-mongering HC judges like PB Sawant and the Wire, counselled against is done deliberately to mislead Kolse Patil have openly admitted to deeming this a victory and called it people. being the organisers. This is a BJP only a temporary relief. Fabricated Jignesh Mevani, MLA from Gujarat, election gimmick to suppress cases, branding of people as urban s t a t e d t h a t n o n s e n s i c a l dissent. He concluded by stating naxals, plot to assassinate the PM, accusations of being anti-national that Anand Teltumbde is a dalit and these are all just concocted is the new norm. Bhim Army's if the rule of law prevails the Pune conspiracies. It is no coincidence Chandrasekhar Azad spent 15 police should be prosecuted under that just days ago efforts were months in jail despite no evidence the SC/ST Prevention of Atrocities made to revive cases against against him. Government wishes to Act. Kanhaiya Kumar during whose brand Bhima Koregaon as maoist Sent by N.D. Pancholi, National SA Bill Draft Dear All, Subject: [MKSS-Saathi] Fwd: SA been a struggle of many years. As a sequel to the RTI Act, the Bill Draft.pdf The campaign traveled to many Rajasthan groups have been states. In Kerala, the government pushing for a law pinning down the The civil society / peoples was on the brink of passing the state for delivery of services and movements in Rajasthan have legislation, but has not. The governance. There has been talk of b e e n c a m p a i g n i n g f o r a n Rajasthan Government is poised to the need to draft a Social Accountability law as a follow up to pass the law in the budget session Accountability legislation. After a the RTI. It has been important for us later this month. month long yatra and numerous to ensure accountability, as This legislation like the RTI will discussion MKSS friends have transparency and disclosure alone apply to a spate of violations of come out with a draft legislation cannot deal with corruption or the accountability by the power elite, which might be moved before the arbitrary use of power. You may affecting a large section of the Rajasthan Assembly by March, recall that in 2016, we did a three population, in a range of issues. 2019. month bus yatra to all the 30 The draft bill is attached, and we Sharing it with you all for comments districts of Rajasthan, called the welcome your comments. and responses. Jawabdehi Yatra. In the course of Regards, Regards, which we came up with several Nikhil Dey, Shankar Singh, V.Suresh, General Secretary, lapses of governance and exposed Rakshita Swami & Aruna Roy, on National PUCL arbitrary decision making leading to behalf of the SR Abhiyan denial of basic services, sometimes Aruna Roy, Mazdoor Kisan Shakti ------Forwarded message ------causing loss of life. Many of us were Sangathan (MKSS), Village From: Aruna Roy also beaten up in Jhalawar district, Devdungri, Post Barar, District q the home district of Vasundhara Rajsamand, Rajasthan. Date: Thu 14 Feb, 2019, 10:09 PM Raje , then Chief Minister. It has

Contd. from pg. 20

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

PUCL BULLETIN, MARCH 2019 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 March, 2019 at New Delhi PSO Date of Pub.: 25-26 February, 2019

nd Press Release: 02 February 2019 Regd. Office : Socialist Party's Salute to George Fernandes 332, Ground Floor, Patpar Ganj Opp.Anand Lok Apartments, Mayur Vihar-I, Delhi 110091 Tel.: +91-11-22750014 E-mail : [email protected] [email protected] Website : www.pucl.org

Founder : Jaya Prakash Narayan President : Ravi Kiran Jain General Secretary : V. Suresh Treasurer : Surendra Kumar Vice-Presidents : Binayak Sen, Contd. on pg. 19 G. Saraswathi (Ms.), N.D. Pancholi, P.B. D’sa, Radhakant Saxena, Sanjay Parikh. Secretaries : Kavita Srivastava (Ms.), Rohit Prajapati, Sudha Bharadwaj (Ms.), Vandana Misra (Ms.), YJ Rajendra Organising Secretaries : Ajay T.G., Arjun Sheoran, Nishat Hussain (Ms.).

Editor : V. Suresh Editorial Board : Sanjay Parikh, Ms. Kavita Srivastava, Ms. Sudha Bhardwaj, Ms. Daisy Narain (Prof.) Assistance : Babita Garg

V. Suresh, General Secretary, PUCL, on behalf of People's Union for Civil Liberties; Printed at: Royal Offset, 489, Patparganj Indl. Area, Delhi-92; Published at: 332, Ground Floor, Patpar Ganj, Opp.Anand Lok Apptt., Mayur Vihar-I, Delhi 110091; Editor: V. Suresh.

PUCL BULLETIN, MARCH 2019 20