Vol. XXXVII, No. 8 ISSN-0970-8693 AUGUST 2017 Rs. 20

Press Statement: 16th July.2017

PUCL Condemn the Criminal Complaint PUCL Condemn the Criminal Complaint against against AIB and its Founders! (1) AIB and its Founders! ARTICLES, REPORTS & DOCUMENTS: Indian Police and Politicians Need Humour Minorities: A Sacred Trust - Rajindar Appreciation Training!! Sachar (3); Vigilante Politics and Failure of Rule of Law in India - Pushkar Raj (4); The PUCL condemns the action of Mumbai Police for registering on 16th July, Remembering Justice Tarkunde - Ashok 2017 a criminal case of defamation and obscenity against the comedy group, Kumar Panda (5); A Dangerous Arrogance `All India Bakchod' (AIB) for allegedly caricaturing the PM, Narendra Modi. of Power Is Setting In - Harish Khare (7); According to the police AIB had on Thursday, 15th July, tweeted a picture of a Environmental Defenders being Killed in Record Numbers Globally, New Research Modi look-alike standing in a railway station, peering into his phone and a Reveals - Jonathan Watts and John Vidal (8); special effects app which allows users to add a dog]s nose, ears and tongue Karnataka PUCL: Report of the Fact over their face while taking a selfie or other photographs. The tweet carried Finding Team of PUCL Mysore and other the hashtag "#wanderlust" apparently referring to the frequent foreign trips of groups on Social Boycott on the issue of the PM. Inter-Caste Marriage in Davangere District The Mumbai police registered the FIR, reportedly based on the complaint of (10); Appeal from the NAPM Movement – a Twitter user on charges of `defamation' under section 500 of the IPC and Another Attack on People's Movements by Madhya Pradesh Govt. (12); Free "publishing / transmitting obscene material in electronic form under section Speech, Nationalism and Sedition - 67 of the Information Technology Act. Niharika Jain (12); Report of the Seven- The alacrity of the Cyber Cell of the Mumbai Police to so quickly register a Days Fast against Mob-Lynching Ended FIR against AIB is to put it mildly, bizarre, unintelligible and senseless. It (15); Extracts from Report: SAHRDC on escapes common sense and is baffling how the twitter picture of a Modi-look `First Draft of the Report on the NHRC (16); alike fully clothed, standing in a railway station, can amount to being Odisha PUCL: Communal Violence in "lascivious or appeals to the prurient interests of or tends to deprave Bhadrak (17). and corrupt persons", which are all ingredients to establish an offence PRESS STATEMENTS, LETTERS, AND NEWS: under section 67 of the IT Act. It is also inconceivable that the Mumbai police Press Statement: PUCL Condemns the do not know that an offence of defamation under section 500 IPC cannot be Killings of Amarnath Yatris! (2); Delhi registered by the police but requires a private criminal complaint to be filed PUCL: Resolution for the Anti-Emergency before the Magistrate's court. Day Meeting (14); Counter Currents has So how do we explain what appears to be a clear and gross abuse of law by Released a New Book: "The Political the police against the comedy group? Is it merely a bona fide mistake in Economy of Beef Ban" (17). understanding the law? Or is there a more sinister purpose behind the police's action? Annual Subscription: PUCL Bulletin The present action of the Cyber cell of the Mumbai police will have to be seen (w.e.f. January 01, 2017) INDIA in the backdrop of recent history of police action against creative artistes PUCL Members Rs. 200 lampooning ruling party leaders in different states. In Maharashtra itself the Non-Members Rs. 240 Libraries, Institutions Rs. 300 police quickly registered cases against cartoonists like Aseem Trivedi and OVERSEAS Contd. on page 2 PUCL Members US$50 Non-Members US$100 Announcement for the PUCL National Council Meeting Libraries, Institutions US$120 Dear All, The next National Council Meeting of the PUCL will be held in Gandhi Peace Foundation, Delhi on 18th and 19th November, 2017 (Saturday & Sunday). All National Council Members are requested to attend the meeting V. Suresh, General Secretary, National PUCL ❑ 423

PUCL BULLETIN, AUGUST 2017 1 Contd. from page 1 known group such as AIB can be lives. Humour is the best healer" against 2 young girls for FB posts at targeted so blatantly by the Police and a further tweet in March, 2017 funeral of Shiv Sena leader Bal agencies, then the fate of ordinary saying "We surely need more Thackeray. In West Bengal CM citizens can be well imagined when humour in public life"! Mamta Banerjee got a Jadavpur they exercise their freedom of Worldwide the trend is towards University professor arrested for expression. greater transparency and a open comments about the government's It will not be out of place to point out society with humour used as a key policies. In all these cases, the that India has a long tradition of tool to raise political debate. attempt of the police and their cartoonist lampooning political Ironically, in India we seem to be political masters was to stifle and leaders. Morarji Desai as PM was regressing, with more and greater silence any form of criticism of their depicted as a rooster, Rajaji as a political intolerance to free speech rule and to crush any form of dissent. cobra, SP Mukherjee as a got and and humour and becoming more The inability and intolerance of the Sheikh Abdullah as a lion. repressive than it was during the ruling political class to appreciate PUCL decries the actions of the colonial regime! political satire and humour is Police against those who venture to Very clearly, the police in India need accompanied with a savage venality hold or express opposing opinions, to have `humour sensitivity training'! to abuse criminal law by arresting including through use of humour. The PUCL Demands: and prosecuting creative artistes, PUCL also believes that such misuse 1. The FIR against AIB must be writers, cartoonists and others. of the powers under CrPC given to withdrawn immediately and due Unfortunately, the police, who have a the Police puts serious questions disciplinary enquiry must be professional duty to abide by the law regarding credibility and impartiality conducted against police officers and the Constitution, fail in their duty. of the Police agencies, and is not in involved in abuse of the law by The police is expected not to blindly the long term interest of the nation. registration of FIR No. 50/2017 implement whatever is asked of them The actions of the Maharashtra Cyber Police Station, Mumbai. but to advice their political masters on Police are intended to have a "chilling 2. Criminal action must be initiated what is and what is not permitted in e f f e c t " o n I n d i a n c i t i z e n s against the de facto complainant the law. Thus by consciously and constitutionally ordained right to free under Section 182 and 211 IPC for willfully abusing the law by launching speech and expression. filing the false complaints against questionable prosecutions the police The PUCL calls upon all citizens to AIB. not only turn accomplices to the continuously remain vigilant and 3. The Parliament and the Law abuse of criminal law but end up oppose all anti-democratic and anti- Commission of India through their silencing and crushing creative human rights actions and decisions appropriate mechanisms must criticism, generation of a critical of the Government (both Central and look into the issue of misuse of discourse about social and political State) so that our precious Section 499/500 IPC (Criminal events and political dissent. fundamental rights and freedoms are Defamation) and Sections of the This is not the first time the AIB has not crushed, weakened and denied. IT Act such as Section 67, and been targeted with criminal cases; Ironically the Mumbai police seem appropriately modify/amend/ previously when they lampooned not to have noticed the PM's twitter of repeal them. Bollywood celebrities they were 14th January, 2017 saying "I think we Ravi Kiran Jain, President, PUCL; criminally prosecuted and also need more satire and humour. Dr. V. Suresh, General Secretary, threatened with violence. If a well Humour brings happiness in our PUCL ❑

Press Statement: 15th July 2017 PUCL Condemns the Killings of Amarnath Yatris! PUCL strongly condemns the injured during the attack. both opposed the killings and also recent killing of 7 pilgrims from What stands out is the timing and called upon all sections to maintain Gujarat and Maharashtra near the fact that the targets were peace and communal harmony. Anantnag on the Jammu-Srinagar chosen so as to divide the While PUCL firmly condemns the highway by armed militants who communities further along shooting incident and the killings shot at the bus they were travelling communal lines, both in the valley a n d a c k n o w l e d g e s t h e in. The killings of unarmed civilians, and also in the rest of India. It is a c o n s t i t u t i o n a l d u t y a n d returning from a pilgrimage to the tribute to the people of the Valley as responsibility cast on the holy site of Amarnath can in no way also elsewhere in India, that the Governments to protect the life of be justified or accepted. PUCL intention of the killers was not all people, PUCL nevertheless expresses its grief over the killings achieved. Public opinion inside the asserts that all counter-measures and extends its condolences to the valley and outside overwhelmingly adopted by the Government should families of those killed and wishes c o n d e m n e d t h e k i l l i n g s . adhere strictly to the rule of law, speedy recovery of those who were Spontaneously, many groups, both including the core principles of inside the valley as also outside

PUCL BULLETIN, AUGUST 2017 2 criminal and constitutional law and is a political problem and that any alienation of the people of Jammu the specific standards and lasting solution can be reached and Kashmir. PUCL also calls upon obligations of international human only by finding political solutions the Government of India to adopt a rights law, and, where applicable, agreeable to all concerned. PUCL more conciliatory approach and humanitarian law. It should be hopes that the State and Central create a congenial atmosphere in noted that these principles, government will not engage in any which to initiate, foster and standards and obligations, as knee jerk and reckless actions, and encourage dialogue with and constantly affirmed by the Supreme deal with the situation with the amongst all sections of Kashmir Court, define the boundaries of maturity, sense of balance and valley and all other stakeholders. permissible and legitimate State farsightedness it demands. They That's the only way peace can action against extremism and must not be swayed by impulsive return to the valley. terrorism. calls by some groups and Ravi Kiran Jain, President, PUCL once again reiterates that individuals for brutal retribution, PUCL; Dr. V. Suresh, General the problem of Jammu and Kashmir which could lead to further Secretary, PUCL ❑

Minorities: A Sacred Trust Anti-HYPERLINK "http://www.newsexperts.in/tag/anti-religion/" religion Equal Opportunity Commissions Hindu Majority Junaid murder minorities Not in My Name Rajindar Sachar The guilt of fiendish murder of different races condemns itself; a integral part of India. Let me quote Junaid cannot be sidelined by state which labours to neutralize, to what Swami Vivekanand (who Hindu Majority under the slogan of absorb or to expel them is destitute even worst of RSS idealouge will "Not in my Name". In fact Hindu of the chief basis of self- not deny that Swami Ji was one of majority will continue to be held government"; we need only the greatest spiritual personality of guilty so long such devilish acts substitute minorities for races to in India) has to say of the intimate continue. These acts are a shame the above quotation to apply the connection between the spirit of on our constitution and this test in India. Islam and Hinduism thus, "He also challenge has to be met frontally. Supreme Court when it said; [Dr. told Hindus not to talk of the The recital in the preamble to the Ismael Faruqui Vs. Union of India, superiority of one religion over Constitution that India is a secular 1994 (6) SCC 360] ; another. Even toleration of other state means that no religious group " I t i s c l e a r f r o m t h e faiths was not right; it smacked of (including Hindus) can claim any constitutional scheme that it blasphemy. He pointed out that his special dominant position or status guarantees equality in the g u r u , S r i R a m a k r i s h n a in the country. matter of religion to all Paramhansa, had accepted all Secularism does not signify Anti- individuals and groups r e l i g i o n s a s t r u e . S w a m i Religion. In India people fervently irrespective of their faith Vivekanand in fact profusely believe in their respective religions emphasizing that there is no praised Islam and in a letter to his and overwhelming number of religion of the State itself." friend Mohammed Sarfraz Hussain persons of all communities give Posing the question what is the (10 th June 1898) without any equal respect to the religion of purpose it referred with approval to hesitation wrote "therefore I am others. Secularism signifies giving the test laid down by Lord Scarman firmly persuaded that without the equal dignity and respect to all of House of Lords UK; help of practical Islam, theories of religions. Of course it goes without 'The purpose of the law must vedantism, however fine and saying that Indian State has no be not to extinguish the groups wonderful they may be are entirely religion of its own, nor for that which make the society but to valueless to the vast mass of matter can any religion claim devise political, social and mankind. For our own motherland a superiority over another religion as legal means of preventing junction of the two great systems by resorting to false premise that them from falling apart and so Hinduism and Islam – Vedanta any religion in the Country is destroying the plural society of brain and Islam body – is the only indigenous while others are which they are members.' hope……. the future perfect India." foreign. This is heresy not Thus inclusive development in There thus can be no real progress permitted by our constitution, which India and for that matter in any in India which does not include gives equal reverence to all the country alone is the path to minorities, Muslims, Christians as religions practiced by various prosperity. It is an undeniable truth equal stakeholders. It needs to be communities of India. and needs to be irrevocably emphasized that development and As put expressed succinctly by accepted by all in India, namely that growth in the country has to be all Lord Acton as follows: "A state minorities, Muslims and Christians i n c l u s i v e – t h e m o d e o f which is incompetent to satisfy are not outsiders. They are an development must necessarily take

PUCL BULLETIN, AUGUST 2017 3 into account the needs and schemes." minorities, Muslims and Christians sensitivities of Minorities, Dalits, The basic task is to reconcile the are not outsiders. They are an Tribals in India. This was reaffirmed pluralism which then exists in that integral part of India. There can be and emphasized recently by the State, and the need to respect the no real progress which does not Socialist party (India) which is identity of the various groups, with include minorities, Muslims and inspired and follows the philosophy the overall concerns of non- Christians as equal stakeholders in and programme of Shri Jaya discrimination, equality, national the country. I cannot put it better Prakash Narain and Dr. Ram security, territorial integrity, and than what Sir Sayyed Ahmed Khan, Monohar Lohia, thus; "that they political independence. one of the greatest leader of our must be treated as a special trust The Minorities especially the country had to say over a century and there is an urgent need to Muslims have been the ignored back. Gandhiji repeated it in 1921, a t t e n d t o t h e i r p r o b l e m s factor by all Central Governments. and also in another prayer meeting immediately." It is not understood why since at Rajghat on 24th March 1947 thus; The report of U.N. Human Right Prime Ministers High Level "In the words of Sir Sayyed Ahmed council, Forum on Minority issued committee Report was given in Khan……I would say that Hindus on 14-15th, December 2010 has November 2006, and which had and Muslims are the two eyes of mandated as follows; recommended the establishment of mother India just as the trouble in "The Council emphasizes; Equal Opportunity Commission as one eye affects the other too, "Consequently, the right of a n i n s t r u m e n t t o p r e v e n t similarly the whole of India suffer minorities to participate discrimination against Minorities in when either Hindu or Muslim effectively in economic life the private sector like housing, suffer." must be fully taken into account employment, (since courts cannot This puts a sacred obligation on the by governments seeking to interfere in discrimination in private majority to fight for justice to promote equality at every level. sector) this recommendation has minorities like Junaid. From implementing non – been inexcusably violated and also I can do no better than end with a discrimination in employment remained in cold storage. quotation from the well-known and enforcing protection laws Thus inclusive development in the Italian author Dante namely; "the in the private sector to country alone is the path to hottest spot in hell is reserved for developing national economic prosperity. It is an undeniable truth those who see injustice and do development and international and needs to be irrevocably nothing." development assistance accepted by all in the country that Published in News Experts, Jun 30th, 2017 ❑ Vigilante Politics and Failure of Rule of Law in India Pushkar Raj Hafiz Junaid, a 16-year-old boy, violence related to the Hindu whose total population is 1.3 billion. was killed on June 22 on a train by a radical cow-protection campaign. The ruling BJP ministers have mob because he was a Muslim. Hindu cultural groups inspired by either denied or played down the The youth had been returning from Rashtriya Swayamsevak Sangh killings, while the prime minister Delhi with his brother and two (RSS) and supported by its political made a passing note of the grave friends after shopping for Eid, the face – the Bharatiya Janata Party matter. Muslim festival immortalized by (BJP) – have formed thousands of For a couple of decades, Hindutva, India's foremost Hindustani writer, cow-protection brigades across the a predominant form of Hindu Munshi Premchand, in his story country, beating and killing nationalism, has grown. Its first Idgah, celebrating the "joy of living". Muslims, who are associated with major vigilante act was the 1992 But what happened on that train the cattle trade and beef demolition of the Babri Mosque in was the "joy of killing". consumption, which is considered Uttar Pradesh state by several This was not an isolated incident. sacrilegious by a majority of RSS-affiliated parties and groups Vigilante terror is sweeping parts of Hindus. such as the BJP, Vishva Hindu India, legitimizing violence and Muslim minority suffers hostility Parishad and Bajrang Dal, some of causing a failure of the rule of law in The perpetrators were not whom are currently being the country. punished in any of the cases prosecuted in court. According to a recent Human because of their belief in the The BJP benefited from the Babri Rights Watch report, since May ideology of Hindutva, which demolition and subsequent riots, 2015 at least 10 Muslims, including advises exclusion and hostility which polarized the country's Hindu a 12-year-old boy, have been killed toward Muslims, a 180-million- majority and led to a coalition in seven separate incidents of mob strong religious minority in India, government in 1998.

PUCL BULLETIN, AUGUST 2017 4 Yogi Adityanath, a BJP member of Personal freedoms under threat The government rejected 43 of the parliament, founded a vigilante Beginning with UP, people across 77 names that the Supreme Court group, Hindu Yuva Vahini, in the country are unable to enjoy Collegium had recommended for eastern Uttar Pradesh (UP) in 2002 personal freedoms such as where appointment to various high courts. to confront Muslims on so-called to go, whom to befriend and marry, The government is battling for "love jihad", beef, and conversion. or what to eat and say. Under the control of the appointment of Unrest helps boost BJP present regime, people are being judges after the Supreme Court By 2014, Adityanath's organization prevented from being normal adult struck down the National Judicial had spread vigilante terror through human beings. Appointment Commission Act relentless attacks against Muslims I n a press briefing, UP police asserting its independence and for their cultural and religious claimed that under the anti-Romeo autonomy under the constitution. practices. Aided by riots elsewhere campaign they questioned nearly On November 8, without consulting in UP, the BJP won 71 of 80 700,500 people and warned nearly the Reserve Bank of India, Modi parliamentary seats, paving the half that number in a one-month declared 86% of country's currency way for Narendra Modi to become period. frozen, causing hardship, chaos prime minister. Modi had faced After assuming power, the new and the deaths of more than 150 allegations of collusion in the 2002 chief minister of UP closed people across the country in what Gujarat riots while he was chief slaughterhouses, causing a economist and philosopher minister of the state. domino effect across the Hindu Amartya Sen called a "despotic Yogi Adityanath became the chief heartland and leading to new rules action". minister of UP in March when the by the central government under The government raided a BJP secured a three-fourths the Prevention of Cruelty to prominent TV news channel, majority in the state assembly Animals Act. NDTV, after the ruling party's elections. He continues to be the The new rules have in effect wiped spokesman accused the media chief patron of the Hindu Yuva out the meat industry, depriving outlet of bias in a live news Vahini, which faces criminal millions of Muslims and Dalits of a program. Noted constitutional charges related to lethal riots in means of livelihood and a cheap expert Fali Nariman termed the raid Gorakhpur in 2007 and Mau in source of food. In other words, an act to delegitimize the media 2005. neither culture nor constitution but further. Vigilantism against Muslims seems an elected leader from the majority In a society where violence is to be aimed at the subjugation of community has been able to legitimized to achieve political minorities. With Yogi Adityanath determine citizens' diet and nature ends, totalitarian tendencies becoming chief minister in UP, of work. emerge at the expense of rule of India's largest state, Hindu vigilante One major difference between an law, order and civility. However, politics has been legitimized, with authoritarian and a totalitarian given India's long tradition of serious implications. regime is that in the former some pluralism and the Gandhian legacy, Leaders emerging out of vigilante institutions are beyond the control these aberrations are likely to be politics tend to be authoritarian of the government. In India, the fiercely challenged, drawing because they are the product of judiciary, economic institutions, additional battle lines in the country. hate, anger and violence and need and media may fall into this Published in Asia Times, July 3, to appear tough and decisive. They category. However, the present 2017 [URL for the article: realize that they are in power g o v e r n m e n t h a s t r i e d t o "http://www.atimes.com/vigilante- despite the Indian constitution and emasculate all of them. politics-failure-rule-law- therefore need not care for it more Independence of high court india/"wHYPERLINK than it suits them. challenged "http://www.atimes.com/vigilante- politics-failure-rule-law-india/" ❑ Remembering Justice Tarkunde A Crusader for the Cause of Civil Liberties Ashok Kumar Panda, Senior Advocate, Supreme Court Today, when the country is passing on March 22, 2004, the country has liberties movement to the through a severe stress on the state faced Human Rights issues under enormous challenges posed by of Human Rights in different different regimes. From time to different state as well as non-state dimensions, we remember the role time, the civil liberties movement agencies. The current situation and contributions of Justice has been responding to such portrays an abysmal shrinkage of Tarkunde on his 108th birthday. challenges. Time has come to democratic space in different parts After the passing away of Tarkunde consider the responses of the civil of the country.

PUCL BULLETIN, AUGUST 2017 5 Kashmir seems to be the worst year 1933-34. He joined the up the cause of political prisoners, affected State in the context of Congress Socialist Party (CSP) in freedom of the press and judicial human rights violations. The the thirties and subsequently independence. His defence of perceptions between the civil became General Secretary of the Kuldip Nayar, the foremost fearless society and the Central and State Radical Democratic Party (RDP) journalist before the Delhi High Government authorities seem to be under the guidance of M.N. Roy, a Court is a landmark precedent in antagonistic. Each one has a great revolutionary thinker. judicial history. The bench which different narrative with regard to Throughout this period, he was a directed the release of Kuldip most of the events taking place in full time political worker. After the Nayar from preventive detention, the State. The Union Government Radical Democrats decided to c o n s i s t e d o f J u s t i c e s S . feels that it is dealing with a disband their party to become a Rangarajan and R.N. Aggarwal. situation of insurgency, and thus, movement, Tarkunde with his For their bold judgment, the repressive measures like the use of previous legal background Hon'ble Judges had to suffer pellet guns and draconian laws like returned to active practice as a punitive action by the executive. the Armed Forces Special Powers Barrister in 1949. Within a period of Justice S. Rangarajan was Act are justified. Plea for ten years, he was elevated to the transferred to the Guwahati High moderation and dialogue at the Bombay High Court and was widely Court and Justice R.N. Aggarwal, ground level by the democratic k n o w n a s a j u d g e w h o who later became the Chief Justice opinion in the country remain administered law imbued with of Delhi High Court, was demoted unheeded. While the situation in justice and equity. After his to the post of District Judge in Delhi. the State of J&K has attained an resignation from the Bench, This was representative of the explosive state, the distress and Tarkunde came to Delhi in 1969-70 executive arrogance to instil fear turmoil in the agriculture sector has and joined the Supreme Court Bar and infringe into the domain of also become extremely acute. In as a Senior Advocate. judicial independence during different parts of the country, the The country, that time was witness emergency. farmers are taking to the streets in to repeated onslaughts on the Under the chairmanship of protest of the crisis in the farm judicial independence in the form of Tarkunde, Civil Rights Committee sector. Instances of farmer suicide supersession of Supreme Court was formed to investigate into the in large scale are also indicative of Judges. Preventive Detention laws k i l l i n g s o f c o m m u n i s t the acute distress in the rural w e r e p r o m u l g a t e d p l a c i n g revolutionaries in Andhra Pradesh sector. The response of the State democratic rights under severe in fake encounters. The committee Governments in dealing with such strain. Political dissent and trade included eminent Gandhians like protests is causing deep concern union rights were curtailed. Against Nabakrishna Chowdhury, former among the people who hold the this background, the Citizens for Chief Minister of Orissa, Kaloji cause of freedom dear to their Democracy was formed with Jaya Narayan Rao and eminent heart. The latest development of Prakash Narayan, M.C. Chagla journalists like B.G. Verghese and the use of pellet guns on the and Tarkunde as the founders. But Arun Shourie. The committee farmers' protests is something no the Citizens for Democracy had its recorded extensive evidence and civilized country can countenance. inherent weakness by making the issued two reports in May and Against this background, we organization a forum exclusively for June, 1977, establishing the fact of remember the inspirational the non-party people. fake encounters, and giving the thoughts and role of Tarkunde and In June 1975, with the declaration details of the killing of 16 boys who can imagine what would have been of internal emergency, the founders were labelled as "naxalites". his response to the present crises of Citizens for Democracy realized In 1977, Tarkunde was appointed in the country. In a span of seven that without the active participation Chairman of the Indian Red Cross decades of active political life, of political activists, effective Society. In 1977-78, he also Tarkunde's role as a political resistance to the emergency headed the Civil Rights Committee activist, a jurist and a crusader for r e g i m e w a s n o t p o s s i b l e . which looked into more than 80 the cause of civil liberties will Therefore, People's Union for Civil instances of fake encounters in certainly inspire the toiling people Liberties and Democratic Rights Punjab. The report on fake and the youth dedicated for the was formed in October 1976 to encounter in the Punjab made cause of social emancipation. make the civil liberties movement people aware of the killings of the Tarkunde's persona was imbued broad based, where political communist revolutionaries in cold with exemplary enthusiasm for the activists belonging to different blood between the period 1972-77. cause of freedom and civil liberties. political persuasions could play an Tarkunde, Gobind Mukhoty and Tarkunde had his political baptism effective role in the resistance to K.G. Kannabiran defended and in the freedom struggle of the the emergency regime. secured the release of D. Nag country and was elected to the All During emergency, Tarkunde and Bhushan Patnaik, a widely India Congress Committee, in the his colleagues courageously took respected naxalite leader, from the

PUCL BULLETIN, AUGUST 2017 6 Supreme Court. violence. A report on the Punjab cornerstone of India's foreign In 1979-80, Tarkunde took the situation was published bringing policy. initiative in organizing the Peoples' out large scale violation of human The events leading to the Union for Civil Liberties (PUCL) into rights. For this publication, Amiya demolition of Babri Masjid and the a broad based civil liberties Rao, N.D. Pancholi and Aurobindo ensuing communal divide in the movement. During this period, with Ghose were arrested and the report country made Tarkunde a sad the active cooperation of activists was proscribed by the Central person. Consistently in all his committed to struggles at the grass Government. Tarkunde remained writings and speeches, he kept on root level, PUCL emerged as an steadfast on the face of the state emphasizing the growing threat of organization defending the rights of assault. This period also was communal fascism as the chief the struggling masses. Civil m a r k e d b y w i d e s p r e a d danger to our secular and national liberties movements with Tarkunde suppression of civil liberties in the fabric. as its guide radicalized itself by Northeast. While recounting the crusading identifying itself with various In the later part of his life, Tarkunde zeal of Tarkunde for the cause of struggles in the country. Tarkunde devoted himself to the cause of freedom and civil liberties, one will emphasized the role of PUCL as a restoration of democratic process always remember his sterling defender of the rights of the and human rights in Jammu and humane qualities which made him struggling people to organize and Kashmir. For his relentless above all a fine human being. He defend their rights. championing the cause of freedom was always available with a smiling In 1984, the Operation Blue Star in J & K, Tarkunde invited the bitter face for anyone with a right cause. and assassination of Mrs. Indira wrath of the national chauvinists. His legacy of struggles for human Gandhi, the then Prime Minister, Simultaneously, with the struggle rights will continue to inspire hope culminated in the killing of for human freedom, Tarkunde was in the young generations. thousands of Sikhs throughout the espousing the cause of peace as a Published in Live Law.in, 3.07.2017 country which shocked the world national policy towards China and [URL for the article: community. Tarkunde with other Pakistan. He was critical of the "http://www.livelaw.in/remembering- civil liberties activists boldly came ever-increasing defence budget. justice-tarkunde-crusader-cause-civil- forward against the mass scale He used to often say that friendly liberties/"kunde-crusader-cause-civil- liberties/ @ 04Jul2017] ❑ relations with China should be the A Dangerous Arrogance of Power is setting in Harish Khare As democratic institutions – t e n a n c y w i l l h a v e i t s Like Atal Bihari Vajpayee before cabinet, bureaucracy, media, consequences. The equation him, Modi too has sought to gain a presidency and judiciary – weaken, between the president and the kind of upper hand in the patron- the Modi establishment is riding prime minister has always been client relationship that defines the high on overconfidence. This is bad s u b j e c t t o c o n s i d e r a b l e RSS-BJP symbiosis. The heart of news for the Indian polity. modification and negotiation after the matter is that there is an Quietly and perhaps unsuspectedly every change of players; and, inherent conflict between a prime we are entering a potentially though Rashtrapati Bhavan is not a minister's constitutional obligations dangerous period in our polity. Not rival centre of power, its occupant – and a swayamsevak's oath of because we have reason to any occupant – can be a source of allegiance to this "cultural body", entertain continuous anxiety on our irritation and frustration for any with its headquarters in Nagpur. nation's borders, not because the prime minister. Hence, the Vajpayee was clear from the very e x t e r n a l e n v i r o n m e n t i s importance of next week's beginning that his constitutional deteriorating to our disadvantage, presidential poll on the quality of the responsibilities and duties would but because internal institutional prime minister's control and power take precedence over the RSS's equations are about to change in a of the Delhi sultanate. expectations and demands; but he manner that would upset the It is widely accepted by New Delhi's had to pay a certain price for clarity democratic polity's equanimity. political cognoscenti that Kovind is and conviction. Modi has played a To begin with, in another seven Prime Minister Narendra Modi's subtler hand of cultivated days we shall know who would be personal choice; moreover, it is ambiguity, humouring the RSS the new head of our republic. further suggested that in opting for once in a while. But then it is in the Barring potential subversion on an him, the prime minister has cocked nature of office that, sooner or later, extremely large scale, Ram Nath a snook at the RSS impresarios, a prime minister has to draw a line – Kovind should be the new tenant of who had different ideas. The RSS- for himself and for the Nagpur that sprawling real estate property Modi relationship is up for a bosses. atop the Raisina Hill. The change of revision. In opting for Kovind, Modi has

PUCL BULLETIN, AUGUST 2017 7 drawn a line. This has not gone mutedness seems to have crept in The sum total of reconfiguration of unnoticed or unresented by the the judicial voice. Like any other these institutional equations can parent body. For a BJP prime institution, the judiciary's spunk is only set in motion objective minister, the RSS is the elephant in vitally dependent upon the moral conditions in which authoritarian the room and it cannot be ignored. fortitude of those who come to temptations become seductive. From a different perspective it people the bench. On this count, T h e M o d i g o v e r n m e n t i s would appear to be rather ironic there are rumours. Those who approaching a difficult phase, when that hope ought to be pinned on a believe that a robust and vibrant all its promises and pretensions body like the RSS to keep in check judiciary remains a necessary have not exactly worked out. a rampant prime minister. condition for a functioning Economically, jobless growth has a Come July 20, Modi will have his democracy do not feel all that very limited potential for electoral own president. That would make a sanguine. The ruling coterie will dividends. The entire business qualitative difference to the nature have less and less reason to worry community – the corporates, of choices available to the prime about judicial disapproval or rebuff. t r a d e r s , s h o p k e e p e r s a n d minister in dealing with friends and Of course, there is the ruling party consumers – is yet to regain its foes. Though Pranab Mukherjee itself. For all its appearances as a breath after being buffeted twice – was not a difficult president for modern political party, the BJP first by the demonetisation drama Modi, nonetheless he could not be remains a closed affair. Since 2013, and now by GST. called a rubber stamp. Modi or his when Modi crowbarred his way to Politically, the Modi establishment advisers certainly could not take dominance in the BJP and then has proved itself extremely Mukherjee for granted – an option went on to graft democratic competent and clever; it feels it has that is now open to the prime legitimacy over his leadership by reduced the Gandhis and the minister. A vital equation in the winning the 2014 Lok Sabha poll, Congress and other opposition national power grid will stand the party has allowed itself to be parties to an ineffectual bunch; it definitely tilted, in favour of the content with a very subordinate feels doubly sure of its cleverness prime minister. voice. The BJP president has no a f t e r h a v i n g s o l d t h e Not only a pocket president, next political persona outside Modi's demonetisation joke to the masses; month the prime minister will also shadow. There is no leader left who it feels it has momentum – and be able to get a vice president of his can be remotely thought of as a history – behind it. choice. Whatever little space the potential challenger to Modi's There is a dangerous edge to this opposition was able to claim for hegemonic stewardship. Neither overconfidence. It is morphing itself itself in the Rajya Sabha would get Vajpayee nor L.K. Advani ever into a sense of entitlement. Strong- drastically curtailed. And, all said enjoyed this kind of sway over the headed leaders tend to arrogate to and done, Hamid Ansari did not BJP; their leadership was themselves an aura of inevitability deny himself the pulpit, from where collegiate and they found and infallibility. A robust democracy he spoke out in defence of themselves constrained to share should have available to itself republican values and democratic authority. Modi feels no such institutions of accountability which sensibilities. This minor source of handicap. ensure that no leader, however irritation would also stand taken Three other democratic institutions powerful and however popular, care of in less than a month's time. – cabinet, bureaucracy, media – trips over his own web of And then, later in August, there will stand cheerfully self-emasculated. megalomania. be a change of guard at the Never before was such a Harish Khare is Editor-in-Chief of S u p r e m e C o u r t o f I n d i a . convergence of timidity and The Tribune, where this article Institutionally, the higher judiciary opportunism seen as now among originally appeared. It has been remains the only power centre that these three institutions; there edited to meet style guidelines. is not easily amenable to the seems to be a veritable race to Courtesy: The Wire, 14.07. 2017 [URL for government's blandishments or reduce themselves to the role of a the article: spear-carrier for the prime minister. https://thewire.in/157518/narendra-modi- brandishments. Of late, a certain ram-nath-kovind-democracy-india/ ❑ Environmental Defenders being Killed in Record Numbers Globally, New Research Reveals Jonathan Watts and John Vidal Note: The Guardian paper on 13th developmental and industrial enquiry about the social and June, 2017 carried a very important projects in different countries. The environmental impact of the article focusing on the deadly high financial stakes involved, the individual projects have made attacks against environmental monetary value of cornering environmental activists key targets rights activists across the globe, massive natural resources and the for ruling elites, industrial interests, who have been challenging major unwillingness to tolerate any critical government agencies and local mafia.

PUCL BULLETIN, AUGUST 2017 8 In India too we have been witnessing and are dependent on the indigenous communities by state personalised attacks on green activists, environment. The countries do not and corporate actors." as environmental activists are popularly called. In fact, in India, the attempt of the respect the rule of law. Everywhere Around the world, the number and state agencies and industrial interests is in the world, defenders are facing intensity of environmental conflicts to dub anyone raising critical issues threats. is growing, say researchers. An about environmentally questionable projects as being anti-developmental, "There is an epidemic now, a EU-funded atlas of environmental anti-growth and therefore being anti- culture of impunity, a sense that c o n f l i c t a c a d e m i c s a t 2 3 national. Environmental activists are anyone can kill environmental universities has identified more also maligned as eco-terrorists and defenders without repercussions, than 2,000, ranging over water, draconian, anti-people laws used against them including to book them under anti- eliminate anyone who stands in the land, pollution, evictions and sedition laws. Amongst the many way. It [comes from] mining, mining. ridiculous cases registered by the police agribusiness, illegal logging and "These are just the reported ones. against people raising concerns of dam building." There could be three times as potentially destructive projects is the action of the Tamil Nadu police In May, farmers in Brazil's many. There is much more violence registering criminal cases under sedition Maranhão state attacked an now," said Cass business school provisions, conspiracy law and as acts indigenous settlement, hacking researcher Bobby Banerjee who against the national security of India with machetes at the hands of their has studied resistance to global against a bunch of school children whose only crime was to carry placards victims in another land conflict that development projects for 15 years. against the Koodankulam nuclear power left more than a dozen in hospital. "The conflicts are happening project in southern part of Tamil Nadu. There have also been killings of worldwide now because of The article below is a chilling reminder to environmental defenders and globalisation. Capitalism is violent rights activists of the reality of liquidation and serious body and attacks on others in Colombia, and global corporations are looking personal damage they potentially face. Honduras, Mexico and many other to poor countries for access to land Even in India, there are numerous countries since the new year. and resources. Poor countries are projects which are facing local Most environmental defenders die more corruptible and have weaker challenges. The rights movement needs to discuss how to ensure safety of in remote forests or villages law enforcement. Companies and activists and to force the government affected by mining, dams, illegal governments now work together to agencies to enforce the law in the spirit of logging, and agribusiness. Many of kill people," he said. the constitution in a fair, independent the killers are reportedly hired by The 2016 Global Witness data and unbiased manner. We acknowledge with thanks the efforts taken by the corporations or state forces. Very shows that the industries at the Guardian to alert the world community to few are ever arrested or identified. heart of conflict were mining and oil, the threats faced globally. This is why the Guardian is today which were linked to 33 killings. Last year was the most perilous launching a project, in collaboration Logging was in second place ever for people defending their with Global Witness, to attempt to worldwide – with 23 deaths, up from c o m m u n i t y ' s l a n d , n a t u r a l record the deaths of everyone who 15 the previous year – followed by resources or wildlife, with new dies over the next year in defence agriculture. That ranking could r e s e a r c h s h o w i n g t h a t of the environment. We will be change. In the first five months of environmental defenders are being reporting from the world's last this year, the most striking trend is killed at the rate of almost four a wildernesses, as well as from the that for the first time agribusiness is week across the world. most industrialised countries on the rivalling mining as the deadliest Two hundred environmental p l a n e t , o n t h e w o r k o f sector, with 22 deaths worldwide – activists, wildlife rangers and environmental defenders and the just one short of the total for the indigenous leaders trying to protect assaults upon them. whole of last year. their land were killed in 2016, Billy Kyte, campaign leader on this The situation in Colombia in according to the watchdog group issue at Global Witness, said that particular has gone from bad to Global Witness – more than double the killings that make the list are just worse in 2017. Brazil and the the number killed five years ago. the tip of an epidemic of violence. Philippines are also on course to hit And the frequency of killings is only "Communities that take a stand new highs and indigenous groups increasing as 2017 ticks by, against environmental destruction c o n t i n u e t o s u f f e r according to data provided are now in the firing line of disproportionately. exclusively to the Guardian, with 98 companies' private security In terms of country rankings, in killings identified in the first five guards, state forces and contract 2016 Brazil was once again the months of this year. killers," he said. "For every land and deadliest country in absolute terms "There is now an overwhelming environmental defender who is with 49 killings, many of them in the incentive to wreck the environment killed, many more are threatened Amazon rainforest. Timber for economic reasons. The people with death, eviction and destruction production was implicated in 16 of most at risk are people who are of their resources. those cases as the country's already marginalised and excluded "These are not isolated incidents. deforestation rate surged by 29%. from politics and judicial redress, They are symptomatic of a More broadly, Latin America systematic assault on remote and remained the most dangerous

PUCL BULLETIN, AUGUST 2017 9 region for anyone wanting to formerly led by her mother. prepared defenders, people who protect rivers, forests, mountains One west African anti-illegal might be forced unexpectedly into and oceans, accounting for 60 of logging activist, who asked not to protecting their lands due to the global total of killings of named for fear of reprisals, said: "I e v i c t i o n s o r e n o r m o u s environmental defenders even am subject to pressure and threats. infrastructure developments, are though it is home to less than a Millions [of dollars] are coming out up against the same violence." tenth of the world's population. of the forests and yet people have The 2016 Global Witness report With major economic interests at nothing – no schools, no health also notes that environmental stake, state security forces were centres. Money is not going to the protest is being clamped down on behind at least 43 killings globally – state but to private people. We are across the board – even in the 33 by the police and 10 by the working without resources. richest countries – citing the case of military – while private actors such "My family has been threatened the Standing Rock campaign as security guards and hitmen were with death. We have had against the construction of an oil responsible for 52 deaths. anonymous calls. I keep working pipeline under Lake Oahe in the The human cost of all this is terrible, with the help of my colleagues. We US, and noting North Dakota said Laura Cáceres, one of the gave information to the UN, and legislators only narrowly defeated a daughters of Honduran indigenous asked for help. We got nowhere. bill that would have allowed drivers Lenca leader Berta Cáceres, who We could be killed any moment." to run over and kill protesters was murdered in 2016 after Wildlife defenders are also being without being jailed. r e s i s t i n g t h e A g u a Z a r c a increasingly targeted. More than N1M co-founder Fran Lambrick told h y d r o e l e c t r i c d a m o n t h e 800 park rangers have been killed t h e G u a r d i a n : " F r o n t l i n e Gualcarque river. by commercial poachers and environmental defenders are Now in exile following death armed militia groups in the past 10 critical in fighting climate change, threats, Cáceres was recently in years, according to US group protecting our natural resources Oxford, in the UK, at a conference Global Conservation. and upholding human rights and organised by Not1More (N1M), a "Rangers face high levels of cultural identity. Yet they face group founded in 2016 in response violence and are being [killed] at an violent reprisals, threats and t o t h e v i o l e n c e f a c i n g alarming pace," says Sean criminalisation." environmental defenders. Willmore, president of the "We are defenders of life," said "Berta Cáceres was a hindrance to International Ranger Federation. Laura Cáceres. "We are willing to the system," she said. "[Honduras] "Almost 60% of those killed in 2016 do anything to allow life to continue. is so battered; 30% of the land has were from Asia, with the majority We don't want to lose our lives and been granted to transnational from India." lose our mamas and families. But corporations. Companies are US writer Olesia Plokhii, who we assume that risk. If they can taking over ancestral territories. w i t n e s s e d t h e m u r d e r o f murder someone with high Forests are being privatised. My Cambodian illegal logging activist recognition like my mother Berta, mother was passionate about her Chut Wutty in 2012, wrote in the then they can murder anyone." land, her roots, and she was Ecologist last month: "Wutty ran his Courtesy: The Guardian, 13th June, horrified by the sinister and violent own environmental organisation, 2017 forms with which imperialism acts." had Western financial backers, the "https://www.theguardian.com/environ Shortly after the conference the support of high-ranking Cambodian ment/2017/jul/13/environmental- Guardian reported that another of military officials, hundreds of local defenders-being-killed-in-record- numbers-globally-new-research- Cáceres' children, Berta Zúñiga supporters who watched out for him reveals?CMP=Share_iOSApp_Other" had survived an armed attack soon and tools – multiple cell phones, a MP=Share_iOSApp_Other @ after being named leader of the GPS tracker. He was still murdered. 14.7.2017} ❑ indigenous rights organisation "Much less organised and Karnataka PUCL: Report of the Fact Finding Team of PUCL Mysore and other groups on Social Boycott on the issue of Inter-Caste Marriage in Davangere District, Karnataka The social boycott and related the victim. As the victim had gone to not meet DYSP, the Investigation rioting, on the issue of inter-caste hospital we met Mr Bhima Nayaka, Officer, as he was on leave. marriage at Haluvarthi village of the President of Panchayat of The Background: D a v a n g e r e d i s t r i c t w a s Hosahalli thanda and others and The villages: The incident has investigated. On 02nd June-2017 collected facts of the incident. We close relation with three villages members from PUCL, AIPF., also met the Sub Inspector Mr Haluvarthi village, Hosahalli thanda Swabhimani Jathi Vinasha Vedike Kiran, In- charge of Rural Police and Kenchammana halli. The travelled to Hosahalli village of Station, at Davengere, who residents of Haluvarthi village Davangere to meet Mr Ravi Kumar, appraised us of the case. We could belong to various castes and it is a

PUCL BULLETIN, AUGUST 2017 10 mixed caste village. People youths freedom & their behavior in owner of the Dabha rang up and belonging to Lingayata (dominant the thanda and surrounding youth in four bikes came to dabha caste) Kuruba, Jada, Madiga, villages. At this stage Veena's and attacked Ravi Kumar. Some Nayaka, Agasa (dhobi) and other parents started looking for a boy to truck loads of people came and caste groups reside in the village. marry her off. She protested and joined the attack. Badly beaten Lingayata community dominates informed them about her marriage Ravikumar was then locked up in both in number and social status. to Chetan. She was publicly beaten Anjaneya temple of Hosavarthy The village has Dairy, Filter water by the family and threatened to be village. facility, agriculture labourer's come locked up. On fearing adverse The Police: Police were informed here seeking work. Government consequences, she complained to of the attacks and the social boycott bus passes through this village. Chetan. On the first day of degree a t H a l u v a r t h y v i l l a g e . M r The Shiv Dabha owned by a examinations, ie on 22-05-2017, Krishnamurty, General Secretary of Lingayata is also located here. instead of attending to final degree Rytha sangha informed the police The Hosahalli thanda is a village of e x a m s , Ve e n a , u s e d t h e around 8pm. He even reprimanded Lambani's only, the exclusive SC opportunity to elope to Bangalore to the rioters and opened the caste village. About 60% of the join Chetan. Mr Ravikumar, father Anjaneya temple and took village has education up to SSLC or of Chetan, was also against this Ravikumar, the victim, to Hospital in PUC drop outs, few teachers and marriage, he scolded, using foul an ambulance. Ravikumar was some doctors. But no government language, his sisters son Mr Vinod hospitalized for a day and at job. Again most of them have 0.5 to (works at poultry farm) for being a present is on treatment as an 1.0 acre land holdings. Residents signatory and witness to Chetan & outpatient. He has sustained here depend on daily wage labour, Veena's registered marriage. injuries all over the body. One of the they also supply milk to Dairy at Unrest at Ravikumar's house was eye is badly damaged. The police Haluvarthy, there is no bus stop in unbearable and his wife deserted could control rioting, took action by the village, and they fetch filter her husband, leaving him, she went booking case under Prevention of water from Haluvarthy. to her parents house. Ravi Kumar SC/ST atrocities sections on 13 The Kenchammanahalli residents was now dependent on Shiv dhaba persons. The police arrested three again belong to Lingayata at Haluvarthy village, for evening persons! Siddappa(30yr)/SO population and other castes also meals. Rajkumar, has a Kirani Shop. reside. There is bus stop in this The incident: On 27-05-2017, the Seenappa(35yr) /SO Jagadish, the village. social unrest was discernable. The Dabha owner and Udaya (35yr) The Inter-caste marriage: The social boycott against Hosahalli SO/ Poojar Siddappa, is an residents of Hosahalli Thana thanda people started. At around 6 agriculturist all of Haluvarty village. belong to Lambani caste (SC). Mr pm in the evening, dairy at Two police vans were stationed at Ravikumar, BMCC conductor at Haluvarthy village refused to take junctions of the village to prevent Bangalore, is a resident of milk from Hosahalli thanda farmers any untoward incidents in the Hosahalli Thanda. Mr Ravikumar's and would not allow them access to sensitive villages. son Mr Chetan had married Ms filter water. Buses, especially the The State: The Tashildar, Mr Veena belonging to Lingayata 7.15 pm trip was not allowed to stop Santosh and Social welfare c a s t e , f r o m n e i g h b o r i n g at Haluvarthy, if they stop then department chairperson, Ms Kenchammana Halli, about a year Hosahalli villagers were prevented Sunitha visited the village. The ago. They got married on 26 th April from getting down. Two women of Deputy SP, Circle Inspector & SI , 2016 at Sub Registrar's office. But Hosahalli, Poojabai & Vasanthabai, called the villagers for a peace this fact was a secrete, not revealed who had gone to hospital were not meet at Davengere on 28-05-2017. to families, both were casually allowed to alight at Haluvarthy From Hosahalli thanda village four pursuing degree course in village. They had to alight at a far off persons attended, while about 100 government college. Meanwhile, p l a c e , a t G u m m a n u r u o f persons in Lories from Haluvarthy Mr Chetan got a job at Bangalore Kenchammana halli. They had to village attended the peace meet. about 3 months ago. Secret plan seek the help of locals to be Police advised them to use restraint was that Veena write the BSC., final escorted to their house at and to respect the law of the land. examinations and then join him at Hosahalli. The youth of village Strict warning against social Bangalore. (Ravikumar & Hanumanth Nayak) boycott was made. They wanted Triggering factor: Meanwhile a who had gone to work at Steel with drawl of the police cases, for youth Mr. Arun of Hosahalli village factory were also attacked. Attacks which the DYSP refused, he even married Ms Asha, belonging to continued! said as long as I am in uniform I Lingayata caste of Kenchammana Attack on Mr Ravikumar: cannot with draw atrocities cases! Halli, at a government sponsored Meanwhile, Mr Ravi kumar, He asked the rioters to surrender. samoohika marriage arranged in a Chetan's father had gone to Shiv The protest: 'Karnataka Thanda temple at Tarikere, about two Dabha at about 7.15 pm for his Rakshana Vedike' organized months ago! This recent marriage meals. The bone of contention protest on 01-06-2017, at DC triggered the social unrest, on was the inter caste marriage. The office, Davengere (District

PUCL BULLETIN, AUGUST 2017 11 Colelctor's office). The President of recent social boycott and the rioting appreciable. However, the social the organization Mr. H.K. Lingaraj, over the issue of inter caste welfare department has not given submitted memorandum to the marriage that took place at any compensation to the victim. District Collector, Mr. D. S. Ramesh Haluvarthy village is a new We demand: and to Commissioner of Police Ms phenomenon! Villagers said that in · Protection and immediate Yashoda S. Vontagodi. They the past inter-caste marriages of c o m p e n s a t i o n t o M r condemned the attack on girls from Lambani with upper caste Ravikumar, the victim. Ravikumar by upper caste and also boys have taken place but it was · Hosahalli thanda people demanded to provide protection to not an issue. Moreover, these two need work under NREGA the victim. marriages the boys from Hosahalli project for better their The Fact Finding team members thanda married girls from livelihood situation. included Dr V. Lakshminarayana, Kenchemmana halli villages and · Awareness campaigns State Convener, AIPF., Dr. Rati they had nothing to do with against social boycott and Rao, President, PUCL-Mysore, Mr Haluvarty village. Yet, Haluvarty also regarding the issue of Shivalingam, State President, village youth took active part in inter caste marriage must be Swabhimani Jathivinasha Vedike, social boycott and rioting. This organized by the State and Mr. Malthesh, Mr. Maruthi, and aspect could not be investigated in the social welfare institutions advocate Mr. Ramappa, CPI(ML). detail and elaborated by the fact of the area. Observationsof the Fact Finding finding team. The team observes Dr Rati Rao, Mr Shivalingam. Team: The villages had not that the police have acted promptly Dr V Lakshminarayana, experienced any rioting in the past to prevent further damage to any Karnataka PUCL ❑ and co existed peacefully. The life and property. This is

Appeal from the NAPM – National Alliance of People's Movement ALERT · Around 600 NBA activists and people of Narmada Valley along with Medha Patkar got detained from Bhopal and Habibganj Railway station in Bhopal · Madhya Pradesh Police detained and kept people at three places, New Central Jail (Gandhinagar, Bhopal), Habibganj and Rest at Bhopal Railway Junction Another Attack on People's Movements by Madhya Pradesh Govt.

Bhopal | 19th July, 2017: Today, their due rehabilitation and raising losing moral grounds. The people people of Narmada Valley reached their voice against the unlawful and are suffering the worst attack Bhopal early morning where the unjust submergence planned by promoted by the state. police detained them without giving Madhya Pradesh Govt. and Central We appeal the citizens to call the any reason and taken them to Govt. 40,000 families are still left police officials of Bhopal and Central Jail, Bhopal. Around 600 without rehabilitation in the Sardar chief minister office to release all Narmada Bachao Andolan Activists Sarovar Dam affected region in the the detained activists and people and People of Narmada Valley got Narmada Valley. of Narmada Valley to save the detained at Bhopal and Habibganj This is the third time in a month time constitutional values and their Railway Station. Now the people when police of different states fundamental rights. are at three places, around 200 detained the people of Narmada Contact Details: Rishi Kumar Shukla, people at New Central Jail, Gandhi Valley and NBA activists at various DGP (Mob. 07552443501); Chief Nagar, Bhopal; around 300 people places without any reasons. The Minister, Shiv Raj Singh Chauhan at Habibganj, and others at Bhopal people's movements are facing the (07552441581, 2441033, 2442231, 2442241); Home Minster, Bhupendra Junction. worst dictatorship in India and the Singh (07552677533, 2671024, The Madhya Pradesh Govt. is Madhya Pradesh Govt. has left with 2671046); Additional Chief Secretary, K acting harsh on people demanding no other option than to resign on K Singh (07552441619). ❑

Article by an Intern with PUCL Delhi: Free Speech, Nationalism and Sedition Niharika Jain* "If the students, in a democratic country like ours, won't be given a chance to question and seek information from the government, then it is a question on the quality of our democracy." Introduction: Right to free speech Constitution in Article 19(1)(a). ambit of this freedom. This is and expression is one of the However, even after being subject to certain restrictions to its fundamental rights granted to all expressly mentioned, there have application given in Article 19(2) the citizens of India by the been many cases questioning the such as public order, decency

PUCL BULLETIN, AUGUST 2017 12 and morality, the existence of country, targeting corruption done be given a chance to question and which seems justified to ensure that by the government officers. Such seek information from the one's freedom to do something incidents clearly depict the anxiety government, then it is a question on does not affect any other of the government and their inability the quality of our democracy. individual's fundamental rights. to accept criticism. Such people The offence of sedition and Another such provision imposing a have been categorized as 'anti restrictions on free speech, have restriction on this freedom is national'or 'desh drohi' by the often been linked to cultural S.124A of the Indian Penal g o v e r n m e n t d e p a r t m e n t s . nationalism by the government. In Code,1860 which defines the However, it is pertinent to question the name of sedition, the views and offence of sedition and its the real meaning of an anti- beliefs of one culture or those of punishment which ranges from national here. Does being national only a set of people are being three years to imprisonment for implies being loyal towards the imposed on others. There is a life. Sedition, in general terms, Constitution, which lays down the c o n t i n u o u s e f f o r t b y t h e means any act or expression or law of the land or towards the government to stop all or any form representation which shows government, how much ever right of media that talks about the d i s a f f e c t i o n t o w a r d s t h e or wrong their actions might be? Is it loopholes of the political or legal government or its actions and just a way used by the government system in the country. It is not just incites feelings of hatred and to threaten people from raising their the government but some majority violence towards the government. voices against their decisions, sect of citizens as well, who try to Mere criticism of the governmental which is a basic feature of a influence the government, to take actions without inciting any democracy? If today also, citizens decisions which impose their views violence cannot be constituted as are being stopped from expressing on others. Many incidents such as an offence under this section. their views towards the functioning that of Beef Ban and increase in This offence was introduced by the of the government, then it becomes the mob lynching of Muslims are British colonial government in India difficult to understand the proofs of this attitude. Ban or in order to supress the voices of difference between the democratic editing of movies, documentaries Indians who were fighting for form of government we have today and plays is another way of India's freedom from the colonial and the British colonial rule or a restricting the freedom to express rule and thereafter, has been Dictator rule. The recent incident of opinions. The ban on release of the retained in the Indian Penal Code CBI raid at the house of the co- movie 'Lipstick under my Burkha' as an offence. Many arguments founders of NDTV ,Pranoy Roy and saying that it would provoke women and demands for quashing this Radhika Roy, just after they had is no proper justification. The case section have been ignored by the aired an interview where one of of editing of certain scenes from the government and judiciary too has their news anchors had rebuffed movie' 'Udta Punjab'to the extent held it to be constitutional. the BJP spokesperson, on the of even deleting the name Punjab Issue of Interpretation and ground of a private complaint for from the title was not justified in the Misuse: The offence of sedition is financial violations which was name of protecting the image of the being continually used by the lodged eight years later is another state. The deletion of the scene Indian government to supress example where the government where 'Hanuman Chalisa' fails to criticism. It has become the easiest has used its power and influence to scare the ghost away was tool to lower down the voices of suppress those who dare to speak demanded in the movie 'Phillauri'. those who try to revolt against against it. The freedom to express through some unsatisfactory decisions of The government has been any form of media is fundamental to the government. increasingly using the offence of the existence of a democracy. All Linking it to Nationalism and sedition to restrict the freedom of these incidents reflect the attempt feelings of love and pride towards speech of those who challenge its made by the authorities not to let the nation, FIRs have been lodged power. The target space has also people gain access to the correct against people who dissented with expanded to universities and information, thus, curbing their the government's decisions or tried institution, where students and ability to even think or question the to bring to notice the loopholes in organisations may question the set views and standards. The the legal framework or its decisions and policies of the biggest pitfall in a democracy is implementation. Such is the case government. The recent incident of when there is lack of multiple views where a girl was arrested for Ramjas protests; #fightbackdu on a given issue which results in posting a status update on a social campaign or the JNU protests are accepting the norms without even media platform which criticized the clear examples. It is depressing to questioning, thus turning it towards shutdown during Bal Thackeray's see how much hatred and atrocities dictatorship. funeral in Maharashtra.. Another is the students have to face for mere On reading the language of the the case of the famous cartoonist sloganeering and protesting section, it can clearly be Aseem Trivedi, who made funny without the incitement of any understood that it does not cover cartoons depicting the pitfalls of the violence. If the students, in a m e r e d i s a p p r o v a l o f t h e implementation of the laws in our democratic country like ours, won't governmental actions unless and

PUCL BULLETIN, AUGUST 2017 13 until it excites violence or provokes government has a tool to whether the citizens of India are p e o p l e t o o v e r t h r o w t h e suppress the opinion of the truly independent or not. government by means of arms and public. A democracy is not a In order for a democracy to ammunition which has also been democracy unless the citizens progress and government to upheld by the judiciary in many along with positive views also have function effectively as per the cases. However, the government is an opportunity to voice dissent and needs of the public, it is necessary still misusing the law for its own discuss revolutionary ideas without that unnecessary restrictions on power. any restrictions. Our ancestors had freedom of speech and expression Conclusion: Sedition is like a fought to free us from the British be removed and an effort to make black law in a democracy. Pandit r u l e t o o v e r c o m e s u c h the society less intolerant be made. Jawaharlal Nehru too, as suppression. If this freedom is still *Niharika Jain is a 2nd year student of mentioned in his speech was controlled and restricted for BBA, LLB (Hons.) from Vivekananda against retaining this provision. By unjustified reasons after passing of Institute of Professional Studies, seventy years of independence, GGSIPU, Delhi. She interned with retaining this provision the ❑ then there arises a real doubt as to PUCL, Delhi unit, in summer 2017.

Delhi PUCL: Press Release on 26th June, 2017 People's Union for Civil Liberties (PUCL), Janhastakshep, Citizens For Democracy (CFD) and Champa Foundation organized a public meeting on 25th June, 2017 at Gandhi Peace Foundation on the 44th Anniversary of imposition of emergency by Smt Indira Gandhi in 1975. The public meeting was organized to deliberate upon the undeclared threat of even bigger emergency under the present Modi government which is pursuing an even more divisive and reactionary agenda. The meeting was addressed by: Veteran journalist Sh Kuldeep Nayar, Civil rights lawyer Ms Nandita Haksar, Civil rights activist Prof Apoorvanand, Dr. Ashish Mittal. At the end of the meeting the following resolution was adopted. Resolution for the Anti-Emergency Day Meeting Janhastakshep and Peoples Union being targeted by the lumpen by Indian rulers was once again for Civil Liberties (PUCL) have hordes of the Sangh Pariwar who etched on the minds of people organized this public meeting in enjoy government sanction. Mob across the globe when the image of Delhi on 25th June which shall lynching of innocent Muslims in the Farooq Ahmad Dar who was tied to always be remembered as the a name of cow protection in different the front of an army jeep to be used dark in the history of modern India. corners of the country is becoming as a human shield, and taken In 1975 on this day the then Prime t h e o r d e r o f t h e d a y . around several villages to set an Minister of India had declared Simultaneously, there is a example of how stone throwers internal emergency; suspended the concerted effort to implement the shall be dealt with, was beamed on fundamental rights of the people economic agenda dictated by their television screens. The army and imprisoned thousands of national and international capital to chief, has the temerity to say that he political dissidents. Press was accelerate the loot of the natural wished the Kashmiris were using censored, their offices raided and resources of the country. This has bullets instead of stones such that their editors were either arrested or brought the Indian state in direct the army could deal with them threatened .The atmosphere was conflict with people in large parts of accordingly. Let alone the right to ubiquitously filled with a sense of the country; armed resistance s e l f - d e t e r m i n a t i o n , t h i s fear and apprehension. With the struggle by adivasis in central India government has flatly refused to completion of 3 years of Modi is an example of this. talk to the Kashmiri leadership. government, the sense of fear and The near total neglect of agriculture Under the circumstances, it is the apprehension has far surpassed has resulted in pauperization of the patriotic duty of every Indian to those of emergency days. The peasantry and a never ending cycle steadfastly oppose the atrocities media today appears far more of farm suicides. The crying need being committed by the security conforming and beholden to the for land reforms in the country has forces, including the army, in rulers. The raid on the residence of simply been thrown out of the Kashmir. the proprietors of NDTV was agenda. The recent outburst of In pursuit of their authoritarian targeted to keep the media in line f a r m e r s i n t h e s t a t e s o f designs the Modi government has lest they develop other ideas. Maharashtra and Madhya Pradesh mounted an attack on institutions of During emergency the attack on is a reflection of the pent up anger higher education to crush the voice people was unleashed using of India's peasantry and this is of reason and dissenting ideas. Government's coercive apparatus bound to grow sharper. UGC has put in place draconian and bureaucracy; however, today The naked repression of the regulations that shall curb student's apart from a compliant bureaucracy democratic rights and natural rights and facilities, shall police the and security forces people are also aspirations of the Kashmiri people teacher's independence in

PUCL BULLETIN, AUGUST 2017 14 teaching and guiding the students imprisonment to workers who protection', 'triple talaq' etc. and shall keep a tight vigil over the waged a struggle to assert their All these are bad omen for kind of research. The programs of right to forming a union and in democracy in the country. We call debates and discussion on the muzzling the voice of intellectuals upon the Modi Government to campuses are being regularly who have stood by the side of the stand by its constitutional disrupted by the goons of Akhil struggling masses under the obligations towards the people of Bhartiya Vidyarthi Parishad provisions of the draconian UAPA India and to rein in the rogue cadres (ABVP) who it seems have the (Unlawful Activities Prevention o f t h e H i n d u c o m m u n a l exclusive right to label people as Act). The punishment given in the organizations who are wantonly anti-nationals. Maruti worker's case, incarceration going around attacking Muslim The recent caste violence in of Prof Sai Baba despite his severe youth and men in the name of cow Saharanpur and the stand of the physical disability and the murder protection. However, it is unlikely UP government only shows that charges slapped against Prof that this government shall listen to BJP's attempt to win over the Dalits Nandani Sundar are cases in point. good counsel unless people rise up into the Hindutva fold to bolster its The central government, under in their numbers to oppose his numerical strength is only a sham tutelage of the RSS, has no socio- murderous assault on democratic and reinforces the upper caste and economic and political program to rights. This gathering calls upon upper class credentials of offer for resolving people's day to various progressive political forces Hindutva. day needs and issues like in the country to come together to It is noteworthy that the executive unemployment, hunger, health lead the people of India in this and the 'executive minded' judiciary care, education, caste oppression struggle. have increasingly come together in etc. and they seek to deflect Signed by N. D. Pancholi, President, throttling the voice of the people by people's attention by raising PUCL Delhi; Dr Vikas Bajpai, handing down a punishment like life superfluous issues like 'cow/cattle Co-convener, Janhastakshep ❑

Fast against Mob-lynching in Delhi, July, 2017: A Note Report of the Seven-Days Fast against Mob-Lynching Ended

The 7-day Satyagraha Fast at from the mob, it is possible that a differences and violence. Jantar Mantar has ended. On the part of the life might be spent in jail. Supporters of neo-liberal policies, last day, many people from social- If mobocracy continues to grow like whether they are leaders or civil political-educational-religious this then chances are that political society activists, cannot stop mob- organizations came to the venue; workers will also be targeted, just lynching. Communalism has been farmers-workers-students unions some writers and intellectuals have the effective tool of capitalist too came to attend; many people been targeted. And governments occupation from the beginning. It came of their own. But they all will stand far apart. Just like they was due to this that the country was expressed solidarity with the are doing now. divided. Now the country is again cause. The presence of the youth The present government is working being divided. Therefore, the desire continued to remain encouraging; day and night to transfer the public- and efforts of the neo-liberal they came in large numbers on the social-national resources of the supporters in this direction are seventh day also. Many youths country into the hands of domestic naturally doomed to be half- from the nearby cities of Delhi came and foreign corporate houses and hearted and inadequate. over after reading the news on multinationals. As soon as this The experience of the Fast has social media. government came into power, it inspired us to do work further Renu Gambhir, Prof. Gopeshwar allowed 100 percent Foreign Direct towards preventing mobocracy. Singh and Manju Mohan offered Investment (FDI) in the Defense Many colleagues have resolved to fruit juice to end the Fast with the sector. During the rule of previous work together. The efforts will hope that the society will take government, the Land Acquisition continue. We have to assure the strong action at every level to Act of 1894, was slightly amended minorities, especially the youth, prevent mobocracy which defies in the interest of the land-owner that everyone has equal rights in the constitutional order and human farmers. When the present India. They need not to fear, and civilization. government came to power, it should not to be misguided. Lohia was not in favour of fasting. brought the Ordinance on that new Dr. Prem Singh, Dept. of Hindi, Due to his participation in the Act. It is privatizing the 'Navaratna' University of Delhi, Former Fellow, freedom movement, he had a long units of the public sector. It is selling Indian Institute of Advanced Study, experience and the courage to go railway stations. To keep the Shimla and Former Visiting Professor, to jail. Many of us do not have that. attention of people away from this Center of Eastern Languages and heinous national crime, it has Cultures, Dept. of Indology, Sofia But it seems that there is not too University, Sofia, Bulgaria ❑ many options left. If people survive engaged them in mutual

PUCL BULLETIN, AUGUST 2017 15 Extracts from Report: SAHRDC on `First Draft of the Report on the National Human Rights Commission (NHRC) of India The South Asian Human Rights HRDs. intervention in the cases of attacks Documentation Centre (SAHRDC) Out of the 124 complaints sent, on HRDs, neither has it ordered has prepared this report to be almost 30% of the cases are compensation or prosecution in a submitted to the Global Alliance of closed, disposed or dismissed single such case. National Human Rights Institutions inlimni by NHRC. An emerging new Though statutorily NHRC is (GANHRI) to be considered for the trend in NHRC is to close the restricted, it nevertheless can take purpose of accreditation of the complaints without sharing with the much more stringent measures in N a t i o n a l H u m a n R i g h t s complainant the copy of the report improving the human rights Commission (NHRC) of India that is submitted by relevant authorities condition of the country if it makes due in November, 2017. The and calling for response as use full use of the powers already purpose of the report is to bring to mandated by Practice Directions granted to it. The 2006 amendment the attention of GANHRI the Guideline 17 of the NHRC dated to Section 18(c) now enables the failures of NHRC and its working. May 28, 2002. It is an attempt by Commission to recommend relief at We carry excerpts from the report NHRC to reduce the huge number any stage of the enquiry. Further, r e l a t i n g t o H u m a n R i g h t s of backlog of complaints in the the Commission is also entitled to Defenders. NHRC, which is against the approach the Supreme Court or the Human Rights Defenders' Cases principles of natural justice. In most High Court for such directions or at NHRC of these 30% cases, the cases orders or writs as that court may In the year 2016, HRDA, a national were closed solely based on the d e e m n e c e s s a r y i f i t s platform working for the protection report submitted by police. The recommendations are cast aside1. of HRDs in India, had sent 124 NHRC does not investigate cases In case of violation of human rights complaints on attacks on HRDs to where HRDs are falsely implicated by private persons the Commission NHRC. The NHRC had registered in a criminal case, citing that such can intervene by looking into the 112 of the complaints sent by cases are sub-judice, and therefore failure of police, or public HRDA. The analysis of the action such complaints are closed. authorities to prevent violation of taken by NHRC shows that 14% of Around 30% of the cases sent by human rights. the complaints sent were the NHRC in the year 2016 are The Supreme Court's adverse transferred to the respective state pending as the government observations in the case of human rights commissions authorities have not responded EEVFAM v. Union of India2, (SHRCs). It is a matter of concern within the time given to them. regarding the NHRC being a that many cases are transferred to NHRC has not taken any measures toothless tiger, may also have SHRC, despite the fact that there is or actions, as provisioned in the endorsed the view of the first a severe shortage of members in PHRA, to prevent this inordinate Director General (Investigation) of SHRCs and most of the vacancies delay which adversely affects the the NHRC who recently said: for the posts of Chairperson and delivery of the timely justice to the "Instead of bemoaning its lack of Members are lying vacant. victims of human rights violation powers, NHRC has to play a more Similarly, these commissions suffer and HRDs in particular. proactive and transformative role from inadequate staffing, lack of The Commission has linked 12% of for the advancement of human resources, infrastructure, adequate the complaints sent by HRDA with rights in the country3. f u n d i n g a n d n o p r o p e r complaints sent by others on same References: investigations wings. Hence, they matters. But the NHRC fails to duly 1 Section 18(b), Protection of Human Rights are not in a good state to act upon inform about the updates about the Act, 1993. 2 Supra n. 38 complaints in the cases of human cases to all the complainants in a 3 Anubhav Dutt Tiwari, Has the NHRC failed rights defenders. Moreover, linked case, by which the chance of its mandate to protect and promote human accused in majority of these cases providing additional information by rights in India? July 18, 2016. Available at are local police personnel and other complainants is taken away. https://scroll.in/article/811654/has-the- nhrc-failed-its-mandate-to-protect- sending the complaint to the The year 2016 witnessed targeted and-promote-human-rights-in-india. and systemic attacks on HRDs by SHRC, mostly comprising officials (last accessed on 27th June, 2017 at 11:30 from state government, translates State and non-State actors across am) See also, Sankar Sen, Not so toothless, into increased instances of the country. Despite this the NHRC The Statesman, June 15, 2016. ❑ harassment and reprisals against h a s n o t t a k e n a n y m a j o r

PUCL BULLETIN, AUGUST 2017 16 Release of Book: Counter Currents has Released a New Book "The Political Economy of Beef Ban" Preface of the book people. It is also not just an our children. Let's do it by holding A pall of gloom has descended incursion into our food rights but the constitution of India in one hand upon India. An all pervasive fear also will affect the livelihood of and the tricolour in the other hand. If grips the nation. When the state millions of already stressed we rise up as one, this emerging puts its nose into your food plates farmers. This beef ban will wreck fascism will, as Robert O Paxton you know that fascism is here. the cattle sector and also will break said, dissipate into entropy. I hope When vigilante squads roam the the backbone of the farmers, that this book will help in our fight for streets lynching people you know driving them to suicide. the idea of India we all stand for. that fascism is here. This book contains articles that Authors Robert O Paxton in his classic book Countercurrents.org published on Articles by Mahatma Gandhi, Dr. B "The Anatomy of Fascism" writes "I the topic of beef, the oldest of which R A m b e d k a r, a l o n g w i t h propose to examine fascism in a is Dr Ambedkar's seminal essay contempory writers viz. Afroz Alam, cycle of five stages: (1) the creation "Did Hindus Never Eat Beef?" Aftab Alam, B.F. Firos, Binu of movements; (2) their rooting in which we republished on 5th May, Mathew, Cynthia Stephen, Dr the political system; (3) their 2003, to the lynching of 16 year old Akhileshwari Ramagoud, Gaurav seizure of power; (4) the exercise of Junaid in a train on 22nd June, Jain, George Abraham, Imran power; (5) and, finally, the long 2017. Khan, K.P. Sasi, Kavita Srivastava, duration, during which the fascist When fascism knocks on our door Manali Chakrabarti, Megha Bahl, r e g i m e c h o o s e s e i t h e r we have only two choices. 1. To S h a r m i l a P u r k a y a s t h a , radicalization or entropy." It seems succumb to our fate and surrender Mohammad Ashraf, Neha Saigal, to me that India is at the fifth stage – meekly. 2. To fight back with all our Oliver Dsouza, Parul Verma, the radicalization of Hindutva, means. It's time India took a Parvez Alam, Prof. Shah Alam which is the Indian version of decision. To surrender or fight back Khan, Ram Puniyani, Sally fascism. is the question. Surrender is not an Dugman, Samar, Satya Sagar, This radicalization of Hindutva is option and it is also against human Shamsul Islam, Sheshu Babu, taking place at different levels. nature. Our reflexive action is to Subhash Gatade, Suhail Qasim Through engineered riots or low fight back. We've to go back to the Mir, Sukumaran C V, Susmit Isfaq, level skirmishes that divide society basic nature of the Republic and T Navin & Vidya Bhushan Rawat vertically to massive social fight to win back the Idea of India You can order it from here. engineering programmes like the that the founders of this nation http://peoplesbookshop.com/product/p 'beef ban'. Beef ban gives blanket imagined. Let's stand up for the olitical-economy-beef-ban/ and for those outside India send mail to license to Gau Rakshaks to lynch idea of India we learnt to love as ❑ children and we want to pass on to [email protected] Odisha PUCL: Communal Violence in Bhadrak, Odisha Pramodini Pradhan and Sailen Routray Ram Navami celebrations in Bhadrak, Odisha have always been organised by the Bharatiya Janata Party and its affiliate organisations and are also associated with memories of communal violence in the town. This year, the festival was celebrated aggressively against the backdrop of the BJP's landslide victory in the Uttar Pradesh assembly elections and the town witnessed another communal clash. Even so, the majority of Bhadrak's residents have refused to fall prey to the machinations of communal politics. Bhadrak town in the district of the and the other in 1991—with a more communally charged, centred as it same name in Odisha has a recent one taking place in April. was on the Ram Janmabhoomi – sizeable Muslim population What is common is that all three Babri Masjid issue. In that charged constituting 39.56% of the total clashes ocurred against the atmosphere, Ram Navami was population of 1,21,338. Centuries backdrop of communal tension in celebrated for the first time in of living together have led to the the larger political scenario in the Bhadrak town, organised primarily development of a shared culture country and were triggered by petty by the Rashtriya Swayamsevak and its expressions in many ways local events. Sangh (RSS). On the very day of and forms in the day-to-day life of The 1946 violence took place the celebration, the town plunged the people. However, this harmony against the backdrop of the Muslim into a major clash between the has been disturbed periodically. League's demand for a separate Hindus and the Muslims which led The town experienced two major state. In 1991, the political to the loss of many lives. It also communal clashes—one in 1946 atmosphere of the country was spread to the nearby town of Soro

PUCL BULLETIN, AUGUST 2017 17 and other rural areas. of Muslim mohalla committees of legislative assembly (MLA) and his This time too, the communal clash B h a d r a k ) w e r e c a r e f u l l y son, as one of the accused was the took place two days after the Ram chosen—people who would not get son of a ruling Biju Janata Dal Navami celebrations. The following provoked easily. Most shops (BJD) leader. By the time the FIR is a brief account of how it all started owned by Muslims were closed on was registered, alongwith the and the role played by communal the day. students, the activists of the forces.1 Added to the effects of aggressive Bajrang Dal, VHP and HSS were Unprecedented Celebrations celebrations during Ram Navami, also agitating outside the police From the time it was first tension was also simmering among station demanding action. Soon introduced, the observance of Ram a section of the Muslim youth for after the FIR was registered, a Navami in Bhadrak has always another reason. The Urs (death section of the agitating crowd went been organised and monitored by anniversary of a saint) celebrations on to block the National Highway the Bharatiya Janata Party (BJP) of Nasim Sarkar, a spiritual leader 45. This was followed by attacks on and its affiliate organisations. This revered by certain sections of the Muslim-owned shops near Bant year, the scale and grandeur of Muslim community, were planned Chhak. After this, the police celebrations was unprecedented for 16 April, and posters declared Section 144 (the Code of and continued for seven days, announcing this were put up in the Criminal Procedure) in the town whereas earlier they lasted for town. During the period of the Ram and detained some of the rioters. three days. About one lakh people, Navami celebrations, some of The next day, the district nearly 10 times compared to the these posters were found to be torn administration convened a meeting previous years, participated in the and defiled, allegedly by Hindu of the peace committee at the processions. Given that the youth. Besides, around the same collectorate where the local MLA, population of the town is a little over time, there were offensive postings chairperson of the Bhadrak a lakh, the participation of such on the social media about Islam, municipality, the inspector general huge numbers points to efforts to again, allegedly by some Hindu of police (IGP) and superintendent mobilise people from outside. youth. But the matter was not of police (SP) Bhadrak, additional Saffron flags were seen all over the brought to the notice of the police. district magistrate (ADM) and some town, including atop government Trigger Point community leaders were present. It office buildings throughout the In such a tense atmosphere, on the was officially announced that 23 week. On the final day of the day after Ram Navami, that is, on 5 shops had been burnt down, and celebrations, about a hundred April, certain remarks apparently that the municipality would be medhas (floats) participated, insulting the Hindu deities Ram and arranging a vending zone for the accompanied by about 80 music Sita appeared on social media. It affected shop owners. bands playing high decibel music. was alleged that a Hindu student By some accounts, many persons Processions which had earlier had posted on his Facebook wall a who were not members of the wound up by 12 pm, continued till 3 picture of the Ram Navami peace committee had entered the am. During the processions, c e l e b r a t i o n s w i t h t h e meeting hall and occupied the religious chants such as Jai accompanying text, "Jai Sriram" seats as a result of which, there Sriramand politically-loaded and some Muslims had posted was no room for some genuine slogans like Hindustan mein rehna derogatory comments on it. On 6 members. While the "chaotic" hai to Ram naam kehna hai were April, members of the Akhil peace committee meeting was held also raised. In the words of the Bharatiya Vidyarthi Parishad inside the meeting hall, many president of the Hindu Suraksha (ABVP), Bajrang Dal and Vishva young men had gathered outside Samiti (HSS), "After the UP election Hindu Parishad (VHP) brought it to despite the prohibitory order. Some results, our youth were very the notice of the police and were onlookers while nearly 150 excited. Their enthusiasm was very demanded immediate arrest of the Muslim youth had also gathered to high. And here in Odisha, we did accused. Reportedly, two written know whether their grievance well in the recently held panchayat complaints were lodged on the regarding the defiling of the posters elections. So this year's celebration basis of which the police registered of Sarkar Baba was being was a special one." a first information report (FIR). One addressed by their community No untoward incident took place on complainant, a Class 10 student, leaders. When they came to know the day of the festival. The Muslim declared himself as an active that this matter was not raised in the community even felicitated the member of the Bajrang Dal. It was meeting, the young men got leaders/medhas in the processions reported that the police took time to agitated and proceeded towards when these passed through their act upon the complaint since the the Madina Maidan, located in the localities. But beneath the veneer matter involved a cybercrime but Puruna Bazaar (the place where of this normalcy, there was the complainants insisted on the community decisions are often apprehension in the Muslim immediate arrest of the accused. taken) on their motorbikes, community that something Moreover, an impression was shouting slogans like "Bulu u n t o w a r d m i g h t h a p p e n . created that the police were Pattnaik zindabad" (Pattnaik is a Volunteers engaged by the Chauda reluctant to take any action at the BJD youth leader and son of Jugal Mohalla Committee (an apex body behest of the local member of Kishore Pattnaik, the sitting MLA

PUCL BULLETIN, AUGUST 2017 18 (BJD) of Bhadrak) and "Islam Hindu shops in Chandan Bazaar the situation. It must be noted that zindabad" and, by some accounts, and nearby areas. the district administration was "Pakistan zindabad, Hindustan Thus, began a chain of looting and headless during the riot, since the murdabad." It is important to note arson. The main affected areas collector had retired from service that all this happened when the were Kacheri Bazaar, Bant Chhak s i n c e 3 1 M a r c h , a n d n o local political leaders as well as the area, Chandan Bazaar, Laha Pati replacement had been posted. The top brass of the police and district and Charampa / Station Bazaar SP and the inspector in charge of administration were present in the where mostly roadside shops were the Town Police Station and the town. attacked. The looting and arson did ADM, who were on duty when the While the administration was not spread to the residential areas. riot took place, were transferred. conducting the peace meeting, One mosque was attacked and Daytime curfew was in force for a leaders of the BJP and its affiliates partially damaged in Station few days, but night time curfew was were mobilising Hindu youth, Bazaar, and a temple was affected in place for over a month following through social media and mobile in Laha Pati though no human life the violence and during this period, phones and to which the police was lost. about 275 people were arrested failed to pay attention. Hindu youth Response of the Government including the state secretary of the began gathering on the streets The local police and the district Bajrang Dal, the district unit shouting, "jor se bolo Jay Shri administration did not respond with secretary of the BJP Yuva Morcha Ram." As on the previous day, the the required seriousness, until the and a BJD councillor. There were activists of the Bajrang Dal and evening of 7 April. However, the allegations that many innocent VHP were also part of the state government swung into action people were also arrested. Apart demonstration. Most of the shops once it became clear that the from the anger felt by the owned by Muslims were already situation was going out of control. concerned communities and family shut due to the Friday afternoon The same evening, the home members of these innocents, the prayers. Around 5 pm, the crowd secretary and the director general economic hardships faced by the began attacking Muslim shops in of police (DGP) rushed to Bhadrak families, particularly those of the the Kacheri Bazaar area. As this and mobilised additional forces for poor, are a matter of serious message reached the Muslim the town. Curfew was imposed the concern. majority areas, groups of young same night. Order was issued for Five days after the violence, on 12 men, many of whom were already the immediate posting of a new April, Chief Minister Naveen on the streets, began attacking district collector to take charge of Patnaik visited the town and Contd. on page 20

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NB: Please send money in the name of the ‘People’s Union for Civil Liberties’, preferably by DD/MO. In case of outstation cheques, please add Rs. 70/-. Please do not send Postal Order. Always send the Membership Form to the State/Local branch. National Off.: PUCL, 270-A, Patparganj, Opp. Anand Lok Apptt. (Gate-2), Mayur Vihar-I, Delhi-110091 (Phone: 011-2275 0014)

PUCL BULLETIN, AUGUST 2017 19 Posting : 1-2 August, 2017 at New Delhi PSO Date of Pub.: 27-28 July, 2017

Contd. from page 19 However, many ordinary citizens declared that the damage due to from both communities came the riots would be assessed and forward to prevent the violence in adequate compensation would be their areas. The role of the provided. The compensation residents of Puruna Bazaar, a amount, it was announced, would Muslim-dominated area, in range between a minimum of p r e v e n t i n g v i o l e n c e w a s ? 20,000 and a maximum of appreciated even by the president ? 2,00,000 and was greeted with of the HSS. In his own words, discontentment among all sections It is an admitted fact that the Muslim of the victims. dominated Puruna Bazaar Dynamics of the Riot remained peaceful because A noticeable feature of the riot this Muslims took the lead and time was the active participation of protected the area from unruly the youth, including students, in the youth. Some Muslims actually looting and arson. The general threatened to beat up their own Founder : Jaya Prakash Narayan perception among both the youth if they indulged in damaging President : Ravi Kiran Jain communities is that the hold of the Hindu houses and shops of General Secretary : V. Suresh traditional leadership has been their locality. That is the bhaichara Treasurer : Surendra Kumar breaking down and there is no (brotherhood) of Bhadrak town. alternative in place for the youth. Conclusions Vice-Presidents : Binayak Sen, T h e r e i s a l s o i n c r e a s i n g Unlike the riot of 1991, this time the G. Saraswathi (Ms.), N.D. Pancholi, unemployment. As a result, vote- violence did not spread throughout P.B. D’sa, Radhakant Saxena, seeking political parties are luring the town and could thus be curbed Sanjay Parikh, Vinay Kantha. them with money to work as their soon. This underlines the fact that Secretaries : Kavita Srivastava (Ms.), foot soldiers. the common people did not Nishant Akhilesh, Rohit Prajapati, The recent communal clash was participate in it. Nevertheless, there Sudha Bharadwaj (Ms.), also partly due to the local are worrying trends as well. One is Vandana Misra (Ms.), YJ Rajendra d y n a m i c s o f e l e c t o r a l t h e u s e o f s t u d e n t s a n d Organising Secretaries : Ajay T.G., politics—intra- and inter-party unemployed youth as cannon rivalries. There are reportedly two Arjun Sheoran, Nishat Hussain (Ms.), fodder to further gains in electoral Ramashray Pd. Singh. factions in the local BJD, one led by politics by cynically creating and Prafulla Samal and the other by m a n i p u l a t i n g c o m m u n a l Jugal Kishore Pattnaik. It is said sentiments. This will have that Samal is trying to contest the dangerous consequences. There next election from Bhadrak while are also signs that households Pattnaik is trying to consolidate his living in areas dominated by the Muslim vote bank. Each is trying to other community no longer feel outsmart the other. Similarly, within safe and some families are thinking the BJP, there are a number of of shifting out. This will lead to aspirants for the Bhadrak assembly ghettoisation that will damage the seat who are trying to get the voters town's social fabric. Moreover, as on their side by whatever means Hindutva and majoritarian politics that are available. deepen and expand nationally, one Rumour-mongering played a part cannot rule out the danger to the too. In Charampa area, a rumour locally rooted syncretic culture of that Muslims had destroyed three the town. temples in the Puruna Bazaar area Note: This commentary is based was deliberately floated by Hindu on a report by People's Union for youth, while attacking a mosque Civil Liberties (PUCL), Odisha, and Muslim shops. It must be noted Weeping Salandi (June 2017). that no Hindus had been attacked in this area. In the Kacheri Bazaar Pramodini Pradhan is an activist vicinity, when Hindus began and Convenor for PUCL Odisha; destroying Muslim shops, people Sailen Routray is an educationist. talked about Pakistani bombs Both are based in Bhubaneswar. being deposited in the Puruna Courtesy: Economic and Bazaar area! Political Weekly (EPW), Vol. 52,

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