Monthly March 2014 For private circulation only Bulletin Suggested Contribution Rs. 15 APDR Statement Against Political Censorship the interests of the ruling party. The fact is clear from the Guild general secretary’s at Kolkata Book Fair statement that the discussion at the book release function could have annoyed the Guild’s Political Censorship at Book Fair state government. And why should a APDR condemns the withdrawal of permission by the Kolkata Book Fair authorities discussion on oppression of women annoy to release the book ‘Parijayee Nari’ written by Jashodhara Bagchi at the fair. The anyone after all, other than those who want so-called technical reasons provided by the Guild for the cancellation does not to perpetuate this crime? hold much water. The booking of the venue was done by a fair participant, SEARCH, We demand that the fair authorities for the release of the book published by Setu Prakashani, while the function was make amends immediately and let the book organised by a women’s forum, Nari Nirjatan Pratirodh Mancha. There are many release function be held at the same venue. instances in the past where books published by one publisher have been released by others. In fact, this is quite in line with the celebration of the free spirit of the Dhiraj Sengupta, world of books which the Kolkata Book Fair stands for. It is the Guild authorities General Secretary. who have violated it. APDR We also note with grave concern that a shadow of virtual censorship is looming large over the Kolkata Book Fair. While the Guild authorities maintain that Kolkata the fair should be “free from politics”, it is they who are playing politics by guarding February 5, 2014 “Say NO to Death Penalty!” The assembled representatives of human rights organisations and individuals called on all political parties to come out clearly against the death penalty and declare so clearly in their manifestos ahead of the upcoming parliamentary elections. It is time that political parties played a leading role in educating public opinion in taking a civilisational perspective on this issue and rise above narrow considerations of retribution and move towards complete Meeting of All India Human Rights Organisations and Activists abolition of the death penalty, thereby on March 8, 2014 in Chennai joining the ranks of more than 140 countries that have done so. More than 25 human rights activists representing People’s Union for In this context, they called on Democratic Rights (PUDR), Delhi, Civil Liberties Committee, AP, political parties to prevail upon the Indian Progressive Democratic Forum, Karnataka, BMC / CDRO – West Bengal, government to become a signatory to the People’s Union for Civil Liberties (PUCL), Karnataka, Rajasthan and Tamil UN general assembly resolution calling Nadu and journalists, lawyers, other professionals and citizens gathered in for the abolition of the death penalty. Chennai on March 8, 2014 to discuss the issue of death penalty and relevant The activists note that the strategies to build a broad and inclusive movement towards abolition of decision of the Supreme Court in capital punishment in India.

CDRO Bulletin A Monthly Bulletin of CDRO 1 Send your reports to ([email protected]) January, 2014 in the ‘Shatrughan Chauhan vs Union of India’ MARCH 2014 CONTENTS case is historic in-as-much as it APDR Statement Against Political Censorship at Kolkata Book commuted the death sentences of Fair, APDR ...... 1 15 prisoners to life imprisonment “Say NO to Death Penalty!” ...... 1 thereby providing a fillip to the Maharashtra – Letter from Undertrial Prisoners on Hunger anti-death penalty movement in Strike at Nagpur Central Prison ...... 3 the country. Thousands of Workers Stage Demonstration at Secretariat for The court held that Enacting Contract System Abolition Act ...... 4 inordinate and unreasonable delay Haryana – MSWU Statement on the Success of Autofit in the execution of death sentence Workers Union (Dharuhera) in Defending their Union Rights amounts to torture which amounts and Rights of Contract ...... 6 to violation of right to life under Statement of PUCL ...... 7 article 21 and hence a ground for Kathputli Colony at Receiving End, PUDR ...... 8 commutation of the sentence. Urgent Appeal: Condemn Racial Attacks – Murder, Rape and Another significant observation Assault of Persons Hailing from Northeast (India) in New was that mental health is an Delhi, Capital City of India ...... 10 important ground for 23 February: Kashmiri Women’s Resistance Day ...... 14 consideration of commutation of Stand in Solidarity with Struggling Workers of Bajaj Motors, the death penalty. The court held Gurgaon, WSC ...... 15 that when a mercy petition goes Association for Democratic Rights Condemns the Surrender before the Governor or the of Penguin Books ...... 16 President, the decision should not Haryana – Report on Recent Workers Strikes at Asti and Baxter be limited by the legalities of the Factories, Manesar ...... 17 case and should look into other United Tea Workers Front Moves Ahead on Minimum Wages . 19 facts which are not part of the Statement of Naga Peoples Movement for Human Rights ...... 21 criminal case. In fact, the Statement of People’s Union for Civil Liberties ...... 22 Supreme Court reiterated, that the power of the President or all even an accused on death row has human rights. Governor under Articles 72 or 161 Women’s groups have been saying that the death penalty of the Constitution is “a makes no difference to the victim’s family, that it makes the streets constitutional responsibility of no safer. After the December 2012 New Delhi gang rape, women’s great significance” and it is open groups have come out more vociferously against the death penalty. to the President to “scrutinise the The activists felt that there was an urgent need to revisit the evidence on record of the criminal “rarest of rare” provision set out in the Bachan Singh case on the case and come to a different death penalty, which has been subsequently applied by various courts conclusion from that recorded by in very subjective terms, reflecting the social ideology of the bench. court in regard of the guilt of, and This has resulted in inconsistent judgments following trials during which sentence imposed on the the accused coming from poorer sections of society had no recourse accused”. to competent legal counsel and were hanged to death unjustly. The Shatrugan In the meeting there was consensus that death penalty has Chauhan judgment also gives us become utterly unjust and has become a tool in the hands of certain scope for looking at the issue political groups. It’s being used like other laws, like the laws of sedition. beyond the accused as a legal The activists resolved to conduct further extensive research subject, and towards restoring the and gather information on the way death sentences were being humanity of the accused. After pronounced and the condition of people on death row, to set up a

2 CDRO Bulletin repository of information on the Jayaraman, Independent death penalty and to carry out Dr. V. Suresh, PUCL. Journalist, Bangaluru. educational programmes in Paramjeet Singh, PUDR, Delhi. Suhrith Parthasarathy, Advocate. schools and colleges. Sujato Bhadro, BMC (WB). and others. Participants felt that the Chandrasekahar, Lakshman, movement against the death Sriman Narayana, Civil Note: The meeting was penalty should be inclusive of all Liberties Committee, AP. organised as a working group groups and sections of society. Ramesh and Ramasamy, meet to follow-up the decision There is need to sensitise judges, Progressive Democratic made at the end of the All India civil society, especially Forum, Karnataka. Convention Against Death youngsters, with creative Ramdas Rao, PUCL, Karnataka. Penalty organised by PUDR literature. Activists resolved to Kavita Srivastava, PUCL, and CDRO held in Delhi on 1st come out with new and innovative Rajasthan. February, 2014, to re-launch material which can be put online, G. Saraswati, TSS Mani, K. the All India Campaign Against to reach a wider audience, as well Saravanan, Sankaralingam, Death Penalty. as to get cartoonists, filmmakers Veerabahu and others, and musicians to enter the anti- PUCL, TN death penalty movement. Maharashtra – Letter from Undertrial Prisoners on Hunger Strike at Nagpur Central Prison

Update as of Feb 6: The strike has been called off yesterday. A petition highlighting the Several prisoners including Sudhir Dhawale were hospitalized. conditions of the prisoners to the effect has been sent to the Indefinite Hunger Strike from 30th January onwards Honorable judge through the jail superintendent on January 20, Dear Friends, 2014. If there is no reasonable We request your support for the indefinite hunger strike that response by the 30th of January, will commence on 30th January onwards at Nagpur Central Prison, 2014, 177 under trial prisoners Nagpur, Maharashtra. At least 177 under trial prisoners, including 7 (including 7 female) are resolved women, (arrested under UAPA, MCOCA, and murder cases) are going to go on an indefinite hunger strike to participate in the strike. till our following demands are It is the settled principle of law and directive of the Apex court achieved. of this country that “Bail is the rule and Jail is an exception”. A memorandum including Despite the repeated directives of the said Supreme Court to the following demands has been grant bail at the earliest, irrespective of the gravity of the charge, bail sent to Honorable Principal Judge applications for these prisoners are continually rejected or postponed. of Bombay High Court (Nagpur They are deprived of their legal and constitutional right to bail; physical Bench) and others through The attendance in courts; bail in lingering, procrastinated trials; reasonably Superintendent of the Nagpur quicker judgments; in short, fair and speedy trials. The move towards Central Prison Nagpur on 20th camera trials distances these prisoners further from their lawyers, the January 2014: court, their ability to present their own case. It will only continue their 1. The directives of sequestration in prisons. As a result, under trial prisoners continue to Honorable Supreme Court that languish in jail and the prison population is ever increasing. In the “Bail is the rule and Jail is an meantime, their families and friends continue with their futile anxious exception” should be implemented wait outside. as principle regarding bail and Bail

CDRO Bulletin 3 should be granted definite time bail (s) has/have been refused activists, civil society groups, and period (short time). earlier. intellectuals to kindly extend your 2. After charge sheet is 4. The right of fair trial support in our favour. filed, those charges with cannot be established through supposedly serious crimes should Video Conference method so its With regards also be granted bail. Albeit with if (V.C.) should not be an option 1. Sudhir Dhawale required. during trial and Under trial 2. Diwakar Jha 3. In order to establish the prisoners must be physically 3. Gautam Pillewan right of fair and speedy trial. The presented in the courts. and other undertrial prisoners. Judgment should be given relatively The success of our definite time period (short time). struggle cannot be achieved February 10, 2014 If the case is pending due to some without your solidarity and active Unavoidable reasons then bail support from outside. So we should be granted. Specially to humbly and hopefully appeal that those Under trial prisoners whose democratic rights groups, legal

Thousands of Workers Stage Demonstration at Secretariat for Enacting Contract System Abolition Act

AAP government turns its face from its own promise, the labour minister of must present the bill. Finding no Delhi government said that the anti-contract system act will harm the other way the labour minister then capitalists and hence the Kejriwal government will not present the contract told straight away that since such a labour abolition bill. legislation would harm the Around two thousand workers staged a huge demonstration today capitalists, his government will not under the banner of Delhi Mazdoor Union. The workers were making the present it. When the workers’ demand of enacting a contract system abolition act from the Kejriwal delegation demanded to give the government. The workers were first tried to stop at Kisan ghat by erecting same in writing, he said that barricades, but the workers managed to reach the gate of Delhi Secretariat government does not give anything by crossing over the barricades. The workers staged a dharna there from 1 in writing. After this the workers’ pm to 6 pm. Seeing the huge demonstration the labour minister Girish Soni representatives tried to register their came out to address the workers at around 3 pm. When the representatives complaint on the anti-corruption of Delhi Workers Union put forward their demand to present such a bill, he helpline though phone. But as soon responded by saying that such a bill cannot be presented. When provisions as the operator of the anti-corruption of the central act ‘Contract Workers Act, 1971’ was read out and when he helpline was told that the complaint was told that the central contract workers act is very weak, he asked to send was against the labour minister a 5 member delegation to meet him. But the workers insisted that the labour Girish Soni, he responded that he minister Girish Soni give some assurance regarding the enactment of such cannot register the complaint. legislation. Failing to give any response to the workers’ representatives, the Delhi Mazdoor Union labour minister hurriedly fled from the spot after this. Subsequently at around secretary Ajay Swami told that 4:30 pm a delegation of workers went inside the secretariat to meet Girish Kejriwal government’s character has Soni once again. There Girish Soni told in clear terms that he will not make been exposed today. It is totally any such act because he has to take into consideration the interests of the against workers. The Aam Aadmi management and companies hiring contract labourers. After that when the Party is now publically turning its representatives warned them to clarify his stand on this legislation, he asked face away from the promises it had for half an hour time for pondering. When the talk resumed after half an made in the election manifesto. To hour, Girish Soni told that such a legislation would require three-fourth escape from the promise of majority which it will not get. On this the workers’ representatives told that abolishing the contract labour it is the job of the Kejriwal government to present the bill. If any legislature system, Kejriwal government has votes against it, he will be exposed before the people and Delhi Mazdoor formed a committee which will carry Union will carry out exposure campaign against him. But the government out investigation on contract labour.

4 CDRO Bulletin Delhi government already has all the continue continuously in the days Despite this the workers reached in information about the contract to come and Kejriwal government huge numbers and thereby they labourers of Delhi. Nothing is left to will not be able to turn its face from have proved that they are not afraid be investigated at this point. What its promises. In todays’ of the goons of AAP. Despite this, it Kejriwal government had to do was demonstration the workers’ is now clear that Kejriwal government to enact a contract labour system representatives have arrived from has made its mind of betraying the abolition legislation in Delhi as about all the industrial workers of workers. The Aam Aadmi Party will against a weak central act. But Delhi. But if our demands are not met, have to pay for it in the coming instead it has chosen to take the a Mazdoor Satyagrah will be Loksabha elections because after beaten path of forming committees. commenced after 16th March. this betrayal the workers will throw It in itself shows that the Kejriwal Navin who had come from the Aam Aadmi Party to the dustbin. government’s promise to abolish the Udyognagar Mazdoor Union In the end of the contract labour system was a Piragadhi said that the workers of demonstration, all the two thousand betrayal with the labourers. Udyognagar had come here with the workers took an oath. As per this Shiwani from Karwal hope that the Kejriwal government oath, all the workers of Delhi will Mazdoor Union said that after the will give them a written assurance totally boycott Aam Aadmi Party, will talk with the labour minister Girsh for fulfilling its promise. But, on the show the door to the candidates of Soni it is now clear that Kejriwal and contrary it turned its face from the Aam Aadmi Party in the coming his Aam Aadmi Party had made the electoral promise and Girish Soni, the elections, an exposure campaign will promise of abolishing the contract Labour Minister in Kejriwal be carried out against the Kejriwal system only to get the vote of government said in clear terms that government and on 24th March the labourers. But since the formation of that it will not pass the Contract secretariat gate will be jammed with the AAP government the manner in System abolition act because it will tens of thousands of workers. which all the industrialists, harm the contractors. This in itself Rakesh from Delhi Mazdoor Union contractors etc. are strongly shows the bias of Kejirwal said that date of 24th March is fixed supporting the Aam Aadmi Party, government. It was making the provisionally. Even if Congress itself reveals the true character of promise to the workers only to get withdraws its support after the Kejriwal government. This is a the votes. And after the government Loksabha elections, the Aam Aadmi betrayal with the workers and also a formation it is publically turning its Party government cannot fall before fraud against them. But today’s face away from it. What then is the June. Hence the Kejriwal government demonstration was a warning difference between Congress, BJP will be forced in the next demonstration that Kejriwal and AAP? Even the Congress and demonstration to fulfill its promise. government give a written assurance BJP governments have done the If Kejriwal government does not give that the contract labour system similar fraud in the last 65 years. And written commitment to Delhi abolition bill will be presented before now the Aam Aadmi Party has Mazdoor Union and all workers of the coming into being of code of proved that it too belongs to the Delhi to pass such legislation, the conduct of Loksabha election, same tribe. secretariat gate will be jammed in the otherwise if today two thousand Sunny from Vajirpur next demonstration. The dharna was workers have knocked the door of Karkhana Mazdoor Union said that ended at 6 pm. Besides Delhi secretariat, after one month tens of the goons of Aam Aadmi Party were Mazdoor Union, Karawal Nagar thousands of workers will come to continuously putting hindrance in Mazdoor Union, Delhi Metro Theka jam the gate of secretariat. the preparations of today’s Kamgar Union, Vajirpur Karkhana Kavita from North-West demonstration, they were Union, Udyognagar Mazdoor Union, Delhi Mazdoor Union said that after threatening and intimidating the Mangolpuri Mazdoor Union, North- Holi (16th March), a huge mass of workers. In all the industrial areas West Delhi Mazdoor Union and Stree about 50 lakh contract workers will mostly the factory owners and Mazdoor Union took part in this gherao the Kejriwal government and contractors have become the demonstration. will force it to present the contract members of AAP. It was their goons system abolition bill. Today’s who were threatening to lay off the Delhi Mazdoor Union demonstration is just a beginning. workers in order to make today’s The workers’ charter movement will demonstration unsuccessful. February 6, New Delhi. CDRO Bulletin 5 Haryana – MSWU Statement on the Success of Autofit Workers Union (Dharuhera) in Defending their Union Rights and Rights of Contract

MSWU congratulates the Spirited Struggle and success of Autofit Workers establish and retain the unity among Union (Dharuhera) after 59 days of strike in defence of their Union rights the permanent, trainee, casual and and rights of contract workers contract workers. The MSWU also congratulates the striking workers of We salute the spirit of exemplary struggle of workers of Autofit Munjal KIRIU Manesar who won factory, Dharuhera, Haryana in defending their Union rights, achieving a their demands after 26 days of strike fair settlement, and forging and standing by unity of permanent and contract in front of the factory gate through workers at all costs, and congratulate them on their success. Today in the the united might of permanent and day-time, on the 59th day of their long-drawn strike since 8th December 2013, contract workers. All workers, they have achieved success and management has been forced to backtrack contract trainee and permanent were on their coercive tactics. We also congratulate the Munjal Kiriu workers taken back and the management was who won their demands in a negotiation last month after a massive show of forced to give in writing that ten unity among workers here, and also justfully got cases registered against permanent would be taken back on management officials who sent goons to beat up workers. duty in a time-bound manner. More After Autofit Workers Union (Reg. no. 1958) got registered in June than that, it was after many years that 2013 and submitted a charter of demands demanding a fairer wage settlement, the police had to take some action the management retaliated at this ‘audacity’ by suspending 17 worker leaders against the guilty management and including the whole Union body, and imposed a Good Conduct Bond. It file an FIR against company three increased repression by continuous harassment and taking back facilities. management officials who had sent More suspensions, terminations, good conduct bonds, false criminal cases goons to beat and seriously injure of misbehaving and stoppage of raw material entry, threats and abuses peacefully striking workers at the became the rule. Workers refused to sign the Good Conduct Bond, resisted factory gate two days earlier in an the move to divide the permanent and contract workers and struck work open display of the repression that from 8th December 2013 to effect a complete halt at production, affecting the is the law in the region. This factory production in Hero Motorcorp and other factories, continued a sit- happened when Munjal Kiriu in at the factory gate, and gave solidarity calls to workers in the region who workers along with over 4000 participated in large numbers. After threats and coercion failed to deter the workers of the area gheraoed the struggling workers, the management came down to the proposal in the Manesar Police Station on 14th tripartite negotiations on 28th January 2014 in ALC Office Gurgaon, that all December 2014 in the daytime. contract workers and four Union body members will remain out of the factory, Management here act as though and only permanent workers will be retained. The Autofit Workers Union they are completely immune to the resisted the move, and continued the struggle with the demand of taking law system. The workers of Autofit back the contract workers. 28th January was also when MSWU’s Jan jagaran and Munjal Kiriu fought the Padayatra (15-31 January 2014) had reached Gurgaon, and we were enthused imposition of horrendous working by the joint show of solidarity among workers near the ALC’s office. conditions, while the management Today 5th February 2014, the management has been forced to got away by paying peanuts to backtrack on its insistence of terminating the services of striking contract workers. They fought the workers, and has agreed in the settlement to take back all the suspended authoritarian and illegal practice of and terminated workers, while only four permanent workers are to be taken throwing out contract workers every back in one month. They have also forced the management to effect a wage six months. They have fought settlement with an increase of Rs.7300 in CTC in next three years. This has another instance of company been possible only because all through the biting winter and wage-less management arrogance, of nights of December and January, our worker brothers sat on strike at the exploitation of workers toil, divisive factory-gate, and fought tooth and nail to defend their Union rights, and to policies and repression of legitimate

6 CDRO Bulletin demands. They fought and won of their struggle will inspire all there was no requirement for the today on the strength of their struggling workers and Unions not prisoners to prove suffering or to independent fighting spirit, with the only in this industrial belt but demonstrate the specific ill solidarity of mass of workers in the workers struggling in other parts of effects of imprisonment or agony region. India to defend their Union rights, in prison. This struggle comes in the and forge and fight with the Continuing the trend of a backdrop of the repressive combined might of permanent and visionary, path breaking judicial machinery unleashed on workers’ contract workers. In the coming days, expansion of human rights law, rights and workers struggles in the we also hope that workers of Autofit the SC also held that it was open industrial belt of Gurgaon-Manesar- will continue to stand with every to the Tamil Nadu Government to Dharuhera-Bawal, particularly after voice of struggle of workers in the consider exercise of powers the 18th July 2012 incident in Maruti belt and beyond. under sections 432 and 433 Suzuki Manesar, which was done Criminal Procedure Code to grant first to suppress our own struggle With struggling greetings, remission to the 3 prisoners if they which raised these uncomfortable questions about workers rights, Provisional Working Committee approached the government for central to which was the issue of premature release or remission, contract workers. This struggle has February 6, 2014 by following the due procedure of inspired us, and we hope the success law. By doing so, the SC has demonstrated its ability to stand statesmanlike above the blood Statement of PUCL thirsty demands for retribution and revenge which has occupied PUCL welcomes the historic and landmark ruling of the Supreme public space and media coverage Court today (18th February, 2014) commuting to life sentence the on death penalty cases in recent death penalties awarded to Murugan, Santhan and Perarivalan, times. convicted in the Rajiv Gandhi assassination case. This judgment of The SC’s ruling is a the Supreme Court, and the 21st January, 2014 judgment in ‘Shatrugan momentous ruling for asserting Chauhan vs Union of India’ marks a watershed in the evolution of that human values and humane death penalty jurisprudence in India and restores the primacy of a justice should ultimately be the constitutional vision imbued with a sense of humanity and compassion. cornerstones of modern, The ruling also emphasizes an appreciation of the right to life in the constitutional India. We hope this context of “[the] brooding horror haunting the prisoner in the will mark a significant step condemned cells for years” as a consequence of prolonged delay towards eventually abolishing the in deciding mercy petitions. death penalty altogether from our The unanimous ruling delivered by the Hon’ble Chief Justice law books. of India, P. Sadasivam and Justices Ranjan Gogoi and Shiva Kirti Singh built on the principles evolved in ’Shatrugan Chauhan vs Sd/- Union of India’ saying that the unexplained, undue and inordinate Prof. Prabhakar Sinha, National delay of 11 years in rejecting the commutation petitions by the President, PUCL Executive would amount to torture, constituted a violation of Art. 21, Dr. V. Suresh, National General the right to life, and is ground enough to commute the death sentences. Secretary, PUCL The SC also rejected the most preposterous argument of the Attorney General of India, GE Vahnavati, that there was “not a word 18th February, 2014 of remorse” and that the 3 prisoners were “enjoying life, attending music concerts and were not in any sort of agony”. The SC pointedly emphasized that agony did not mean physical torture and that in law,

CDRO Bulletin 7 Kathputli Colony at Receiving End

done of the survey, all families to be recorded, photographs of each family taken with thumb impressions/signatures, among others. Residents then recalled their futile attempts to get information with their RTIs eliciting vague information that there is a plan to construct houses but the number of houses mentioned was about 2800. All this while the residents were kept in dark about the fact that the Ministry of Urban Development/ On the 24 February, 2014, the LG of Delhi put off the demolition of the DDA had “conveyed” its decision Kathputli colony till the 1st April. But demolished it will be. Nearly fifty year to lay the foundation stone of the old Kathputli Colony, home to 3274 households comprising between 15000- project of “in-site rehabilitation of JJ 17000 people will be bulldozed at the hands of a nexus between the Union clusters at Kathputli Colony on Ministry of Urban Development, the DDA and the builders Rahejas. 20.01.09. Nor did they know that a Kathputli Colony came up in 1965 when Pandav Nagar was built survey was carried out on 26.05.2008 and the vacated land got settled by puppeteers from Gujarat and Rajasthan by Gyan P Mathur & Associates. It followed by other street artistes like jugglers, magicians, snake charmers was submitted on 26.08.2008. It is etc. Jagdish from Sikar, Rajasthan, came in 1963. Islam Azad came in 1981. approved by Chief Architect on Some marked their arrival with a major event and recalled having come when 23.09.2008. Parallel to that, viability Lal Bahadur Shastri was the Prime Minister (1965-66) or when Dr Zakir report is submitted on 26.08.2008. Bid Husain was the President (1967-69). Remarkably fourteen Pradhans represent documents are submitted on 14 communities such as Gujarati, Marathi, Balmiki, Bagri, Adivasi, Yadav, 16.09.2008. And finally the status is Kushth, Manpupuris etc. noted as “awarded the project on An artistes’ society called Bhule Bisre Kalakar (‘Long Forgotten 04.09.09 to the M/S Raheja Artistes’) Cooperative Society dates back to 1978.The foundation stone of Developers Pvt Ltd”. It says that the society centre was laid by Sarthi, a non-government organisation, in “work is under progress.” 1978 and UNESCO helped with the workshop for the centre. It was only recently that they got documents that showed Stakeholders kept in dark that the urban land measuring 5.216 According to the residents we met, it was in 2008 that they got to hectares (around 14 acres) or 52160 know something was amiss when DDA carried out a survey but refused to sq. metres, with 3274 houses, was share any information claiming that the “final list” had not been prepared. sold to Raheja Builders for a princely RTI provided confirmation that on 15/12/2009 DDA had received the sum of Rs. 6 crore in 2009 as part of complaints of the residents of the Kathputli Colony. [#F5(210) WD5\2009\2223 Public-Private Partnership. The audit dated 15/12/2009 the Executive Engineer WD-5/DDA to the Superintending report of the project by the Auditor Engineer, Civil Circle, DDA, Jhandewalan, N. Delhi.] The Executive Engineer General (Delhi) in March 2011 took a asserts that “So far as this office is concerned, there is no role to play for self-confessedly “moderate rate of allotment of the EWS houses to the individual residents of the Kathputli Rs. 2.00 lakh per sq. mt”. Thus even Colony” and refers to a socio-economic survey as “conducted by this office at the moderate value of Rs. 1043.2 to CLM vide this office letter dated 08.09.09.” DDA’s own guidelines, dated crore was given away at 5 per cent 20/04/2010, lays down that a survey must be preceded by notice being of its value! posted on the site prior to survey, a rough sketch plan, videography to be

8 CDRO Bulletin Issue of Urban Land for Working (State Level Expert Appraisal homes. There will be sufficient land Class of Delhi Committee) in its meeting held on left for sanitation, drainage, roads Rahejas in a letter to the Lt 30.06.2011 because “the information etc.” Governor dated 14/06/2011 refer to submitted does not meet The experience of the the project as being under Rajiv requirement for Environmental residents once again illustrates the Awas Yojana, which cannot be true Clearance”. And they asked for role of DDA as an agency which has because under RAY’s model five it further information on 20 items failed to build even fifty per cent of must be a “beneficiary led” growth. amongst them it asked for the 2.36 million houses from 1962 to Rahejas’ plans reveal that “Percentage land use demarcation 2001. They built only 1.1 million. only a fraction of the land is meant for EWS, premium apartment, DDA has not accounted for 1.26 for their housing whereas 4/5th of the commercial block, greenery, and million homes and the residential land land is being reserved for commercial common facility etc. in tabular form”. reserved for that purpose. This centres and luxury apartments. Delhi Even the Airport Authority of India despite the fact that 320 slums Urban Art Commission is one of the has not cleared the project. spread over 640 acres have been three authorities who have to Apart from everything else demolished and some evictees sanction an urban construction a wall would separate the multi- forcibly moved to Bawana, Holambi project. The other two are Airport storeyed high, cramped flats (21 sq. Kalan etc. and thousands rendered Authority of India and the State metres) for residents of Kathputli ‘ineligible’ based on spurious Expert Appraisal Committee, which Colony from the up-market surveys undertaken by DDA without gives environmental clearance. condominiums and shopping mall. the knowledge of the residents. According to Indian Express (Delhi Residents wondered if the We believe cooperative edition, 21 November 2013) DUAC low roof houses are safe. They know housing by the slum dwellers as part in a meeting held on 5 September 2013 their equipment and instruments will of in-site slum development is what refused to approve the layout and not have storage space. “Our the residents of Kathputli want. building plan and observed that: puppets are 10 to 15 feet long. How PUDR demands that no To house a very large will they fit in a flat with height of 10 eviction takes place in the colony by number of slum dwellers, they are feet?”, some of them wondered. And driving people away from a land they to be accommodated in parallel what about their livelihood if they have inhabited and developed over multi-storeyed blocks, each 15-20 cannot store their source of several years in the name of law/ storeys high, and 15-20 metres livelihood safely and conveniently aesthetics/sanitation or for any other apart. This is an architecturally and somewhere. reason. We demand from DDA and environmentally undesirable But a more immediate the Lt Governor that the residents solution.” And then goes on to say problem is being shifted to Ramjas be consulted as equals at every step that “The provisions of open space, Ground in Anand Parbat to a “transit of the project through their social amenities and convenience camp”. They shared us with their representatives and not treated shops for low-income residents in anxiety that the temporary camps are discriminatorily and dismissively as the present proposal is inadequate. cramped and they fear that they will they have been so far, and that their In contrast, the gated high-income not be able to return to their colony. need for 20-22 sq. yards of land be condominium and shopping mall accepted as right. occupies disproportionately large Residents’ Demands: When we parcels of land.” And concludes that asked what is it that they would have Ashish Gupta and D. Manjit “The objective of producing liked happen, with one voice they (Secretaries PUDR) affordable homes that are socially said all they want is 25 square metres and environmentally sustainable . . (22 square yards). “We will collect February 25, 2014 . for rehabilitation of slums does not Rupees 6 crore instead of the appear to have been met.” Rahejas and all we would like is to The environmental build our colony according to our clearance was withheld by the SEAC desires. We will construct our own

CDRO Bulletin 9 Urgent Appeal: Condemn Racial Attacks – Murder, Rape and Assault of Persons Hailing from Northeast (India) in New Delhi, Capital City of India

Meenakshi Munda, Bhaiya Ram Recent Incident: Munda Foundation, 1) Assault on Mr. Telheiba Laishram, s/o L. Bidhanchandra of (Jharkhand. India) Wangjing Sorokhaibam, on 25 November 2013 at Kishangarh, Vasant Miles, Kilusang Mayo Uno Kunj, New Delhi. (Philippines) 2) Assault on Miss Tharmila Jajo, Miss Chonmila, Mr Lungshim Ms. Bestang Dekdeken, Cordillera Shaiza and Mr. PhungreingamJajo, all residents of Ukhrul District, Peoples Alliance Manipur, on 25 January 2014, at Kotla Mubarakpur, New Delhi. (Philippines) 3) Assault and murder of Mr. Nido Tania, s/o Nido Pavitra of National Organization of Arunachal Pradesh on 29 January 2014 at Lajpat Nagar, New Delhi. Indigenous Newar Youth 4) Rape and assault of a 14 year old girl (name withheld) from Students in the Nepal Manipur on 8th February 2014 at Munirka, South Delhi. Pankaj Teron, Karbi Human Rights 5) Assault and robbing of Mr. N. Ginkhansuan, 24, and his Watch brother N. Vunghsuan Mung, 26, from Churachandpur, Manipur on 9th Pradipkumar, Manipur Alliance for February 2014 at Maidangiri area in South Delhi. Child Rights 6) Stabbing and robbing of Mr. Khusiangen from Manipur on Roy Laifungbam, Centre for 11th February 2014 at Ambedkar Nagar, New Delhi. Organisation Research 7) Injury and detention of several students on 14th February and Education (Manipur) 2014 by the police in a bid to suppress demonstration and the attempt to storm the parliament demanding anti-racial law in India. Event Description: 1) On 25th November Place of Incident: 2013 Mr. Telheiba Laishram was New Delhi, capital of India having sun bath on the terrace of his rented room at 63/9, Appeal Issued by: Kishangarh, Vasant Kunj, New All Manipur Women’s Voluntary Association (AMAWOVA) Delhi. One Bhramprakash, an Anish Shrestha, Newah Bidhyarthi Daboo (Newar Students’ Indian neighbour told him not to Association), Nepal stand on the terrace and spoke Ashish Gupta, People’s Union for Democratic Rights something that Telheiba could not Asia Pacific Indigenous Youth Network understand. All of a sudden, Mr. Babloo Loitongbam, Human Rights Alert (Manipur) Bhramprakash approached from Campaign for Peace and Democracy (Manipur) behind with an aluminium rod and Centre for Research and Advocacy, Manipur began thrashing him. Telheiba’s Civil Society Coalition on Human Rights in Manipur and the UN left hand was broken and there Committee on Human Rights (Manipur) were multiple injuries on several European Manipuri Association parts of the body. Telheiba was Human Rights Initiative (Manipur) admitted unconscious at the All Indigenous Peoples Movement for Self Determination and Liberation India Institute of Medical Sciences Irabot Foundation Manipur (Manipur) (AIIMS) and went through Keileipak Students Association (Manipur) medical treatment. An FIR was not Life Watch Manipur lodged to the police as he was Manipur Students’ Association Delhi threatened by the neighbourhoods Manipuri Students Federation to not to do so. Marifel T. Macalanda, Cordillera Youth Center (Philippines)

10 CDRO Bulletin 2) On 25th January 2014, time. Then Tania was again beaten attempt to murder. at around 9 pm Miss Chonmila up by the same group. Tania 7) Integral to the series of from Ukhrul District, Manipur returned to his room with injuries protests, on 14th February 2014, currently staying at New Delhi had and he was found death in his hundreds of students staged a gone to a shop managed by room in the next morning. demonstration at the Parliament Tharmila in Kotla Mubarakpur area 4) On 8th February 2014, Street and attempted to storm the of New Delhi to buy some a 14-year-old girl from Manipur parliament demanding anti-racism Manipuri herbs. On spotting them, (name withheld) was dragged law in India. The police resorted a group of Indian men first hurled through the bustling streets of to indiscriminate baton charge racial abuses at them. When they Munirka in South Delhi by the leading to the injury of about forty didn’t react, one of them tied the landlord’s son, Mr. Ashish alias students (some were hospitalised) leash of his pet dog to Chonmila’s Vicky. The incident happened while and arrest of several others. boots. She got so scared that she the girl was going out to buy some started kicking the dog away to household items. The victim was State Response: shoo it away. First, the men were forcibly grabbed in front of a 1) The Government of just doubling up in laughter. But pharmacy near HYGEA Hospital India continue to deny that there when they saw the woman trying (popularly known as Daya has been practising of racism and kicking the dog, they suddenly Hospital) and took to a vacant room institutionalised racial started beating her on the charge nearby where she was raped. discrimination in India. of ill-treating the animal. When Vicky was allegedly assisted by 2) The Delhi Police Tharmila intervened, two men some others who closed down the initially refused to file an FIR into dragged her out by the hair, shutter from outside. The girl not the case of rape of the minor from virtually pulling her over the only suffered injuries to her private Manipur. Later they filed an FIR counter and thrashed her as well. parts but she also sustained injuries after much pressure. In the case There were many Indian shops in on the face (cheeks and chin). The of stabbing of Mr. Khusiangen, the the same lane but none of the matter has been reported to the police also refused to file shopkeepers came out to help. Mr police. complaint under appropriate Lungshim Shaiza (27) was badly 5) On 9th February 2014, section such as “attempt to beaten up to the extent of Mr N. Ginkhansuan, 24, and his murder”. The police filed an FIR fracturing two fingers on the left brother N. Vunghsuan Mung, 26, under robbery and not for hand as he tried to stop the men hailing from Manipur were ‘stabbing’, which was an attempt from beating the women. Mr mercilessly attacked by a group of to take Mr. Khusiangen’s life. Mr. Phungreingam Jajo (22), was also men at Ambedkar Nagar in Delhi Nido Tania’s life could have been beaten up and his mobile phone and around 8.30 pm. They were first saved had the police intervened to wallet were snatched away. subjected to racist taunts at a diffuse the tension created after 3) On 29th January 2014, cigarette shop while they were the racial slur and thrashing. The Mr. Nido Tania (20), a student returning from the Madangiri inaction of the Delhi Police and from Arunachal Pradesh was Market, before being beaten up their refusal to file complaints searching a residential address in with sticks. under appropriate sections of the Lajpat Nagar when a group of 6) On 11th February 2014, Indian laws is a clear indication of Indians commented on his hair a 20-year-old Manipuri student Mr. violation of human rights. It colour. It was followed by an Khusiangen was stabbed and reflects institutionalisation racism argument and scuffle. The Indians robbed at Saket area in South and encourages racist attacks on beat him with rods and sticks. The Delhi. The incident took place the people from Northeast India. police came and took away Tania when the youth’s cell phone was 3) A Special Committee away from the spot, forced him snatched by the assailants, and was instituted by the Home to pay Rs. 10,000 to bear the cost was attacked when he tried to Ministry of the Government of of the glass pane that was broken resist the robbery bid. The police India on 6 February 2014 with a during the scuffle and dropped him first registered an FIR on robbery mandate to examine various kinds back on the same route after some but refused to lodge FIR for of concerns, including those of CDRO Bulletin 11 security and the causes behind the Pradesh, Mizoram and elsewhere. Whenever a racial attack had violence and discrimination against The protest demanded justice to occurred, the government merely the people from North East. Mr. the victims of racial assaults and feigned a temporary measure to MP Bezbaruah, a retired IAS will enactment of anti-racial law in diffuse tension of the mounting chair the Committee. However, the India to address the plight of the public pressures by the aggrieved appointment of the special Northeast peoples. communities and progressive committee has also been widely organizations. There has been no condemned from different Racial Attacks and Human consistent and systematic policy sections for its exclusivity in the Rights Violations: to tackle the pattern of racial composition and the lack of The recent incidents of attacks, especially in New Delhi, consultation with civil societies, racial attacks on people hailing capital of India. women’s groups and human rights from the Northeast violated rights The racial attacks and bodies from India’s North East concerning; (a) right of all persons discrimination targeting the people region. against any forms of racial of North East India can be 4) The Government discrimination, (b) rights against attributed to the perplexing ordered to proceed an investigation any forms of discrimination historical, political, social and by the Central Bureau of against women, (c) rights of the cultural context. Historically, the Investigation (CBI) into the murder child, (d) right to life, (e) right to Northeast ((Manipur, Nagaland, of Mr. Nido Tania on 11 February justice remedy, (f) indigenous Assam, Meghalaya, Tripura, 2014. peoples rights, etc. It also Mizoram, Arunachal Pradesh), was 5) On 11th February, the constitute serious violation of the not part of India till 1940s. They Delhi High Court had asked the several international laws and are considered to be racially Home Ministry to consider instruments such as; (a) different from the ‘mainstream’ changing the existing SC/ST Act International Convention on the Indians in physical appearances, or introducing a new law to allow Elimination of All Forms of Racial social outlook, language, culture, provisions for deterrence against Discrimination, (b) UN food habit, etc. Against this alleged “racial attacks” on people Convention on the Elimination of backdrop the feeling of annexation from Northeast states. The All Forms of Racial Discrimination by India has been persistent to Supreme Court has agreed to hear against Women, (c) UN many who wish to establish a Public Interest Litigation on 14th Declaration on the Rights of Independent country. At the same February 20214 concerning the Indigenous Peoples, 2007 and (d) time the ‘mainstream’ Indians recent attacks on people from the Convention on the Rights of the suspected the Northeast peoples North East. The PIL, filed by a Child. about their ‘national’ loyalty. Based bunch of lawyers, seeks pan-India on this suspicion and racial guidelines to prevent attacks and Background: prejudice the Indian State indulged discrimination based on racial Racial Attacks and in militarisation to suppress all profiling and to set up of a special Dilemma of People from India’s forms of self-determination investigation team to look into the NE movement. Massive subjection series of attacks on the people The racial attacks on and suppression are carried out from the Northeast. peoples hailing from Northeast in under the provisions of the Armed New Delhi and other parts of Forces Special Powers Act, 1958 Community Responses: ‘mainland’ India have been an (that allows killing anyone on the There has been massive alarming and longstanding ground of mere suspicion) and outcry against the series of racist concern. The poignant memory of other repressive laws. This attacks on the people hailing from the murder of Mr. Loitam Richard process of militarisation not only Northeast region especially from Manipur in Bangalore and the suspended the “rights to life’ but sparked off by the murder of Mr. controversial suicide of Miss. Dana also had serious repercussion on Nido Tania. Till date series of Sangma from Meghalaya in New the economic livelihood of the protests had been carried out in Delhi in 2012 is still fresh and their many. Delhi, Manipur, Arunachal families are yet to achieve justice. Economically, due to the

12 CDRO Bulletin neo-liberal policy of the Indian Demands: 7) Resolve politically the State the Northeast remains Manipuri Students ongoing armed conflict in the underdeveloped and dependent on Federation (MSF), Manipur Northeast with due recognition of imports. Over the decades Students’ Association Delhi the inherent human rights of all corporatisation of land and (MSAD), Life Watch Manipur indigenous peoples. resources by the multi-national (LWM), Human Rights Initiative 8) End all forms of companies and exploitative mega (HRI), European Manipuri destructive and unsustainable projects such as mega dam Association (EMA), Committee on development projects in the constructions, Lower Subansiri Human Rights (COHR), Centre Northeast, which have destroyed HEP Project, Teesta III, Tipaimukh for Research and Advocacy, (or likely to destroy) the livelihood HEP Project, mining, oil and natural Manipur (CRAM) and Campaign and survival sources of Indigenous gas exploration and drilling had for Peace and Democracy communities. exacerbated the scale of (Manipur) would like to urge upon displacement, marginalization and the Government of India to Appeal addressed to: impoverishment. On the other hand undertake the following initiatives: there has been utmost neglect of 1) Urgent free and fair 1. Dr. Manmohan Singh agriculture, industrial growth, investigation of all cases of racial Prime Minster, educational infrastructure, health attacks on persons hailing from Government of India. facilitate and employment Northeast and award the opportunities. punishment all those involved in 2. Chairperson, Due to neo-liberal the crime. National Human Rights Commis- constrains in the North east 2) Ensure adequate sion. (militarisation and protection of the migrant students, underdevelopment) many are workers/employees, tourists, 3. The Chief Justice, forced to migrate as students, medical patients, and others hailing Supreme Court of India. employees, job seekers, etc. in the from the Northeast residing in the Indian metropolitan cities. Most of Indian metropolitan cities. 4. Ms. Shelja Kumari them lived in overcrowded 3) Full implementation of Minister of Social Justice and Em- colonies in rented rooms. It is in the provisions of the UN powerment, Government of India. these colonies, streets, markets, Convention on the Elimination of and in certain institutions that they All Forms of Racial 5. Mr. Okram Ibobi Singh encountered racist discriminations Discrimination, the UN Chief Minister of Manipur. and extra economic burdens Convention on all forms imposed by the Indian landlords, Elimination against Women, the 6. Committee constituted by the shopkeepers, etc. and also Convention on the Rights of the Ministry of Home Affairs to look discrimination by the law Child and rectify its two protocols, into the various kinds of concerns enforcing police. It is worth and the UN Declaration on the of the persona hailing from the mentioning that although Rights of Indigenous Peoples, North Eastern States who are liv- discriminations based on caste, 2007. ing in different parts of the coun- class and religion have been order 4) Enact and implement try, especially the Metropolitan ar- of the day among the Indians; anti-racism law in India. eas, and to suggest suitable reme- when it comes to the Northeast 5) Adopt a policy to dial measures which could be taken peoples the Indian social address the political and economic by the Government. discrimination is mixed up with causes of the emigration of racism. Against this backdrop indigenous peoples from the most of the victims of racial Northeast and the economic, discrimination could not pursue social and cultural causes of racial long standing legal fight due to attacks. vulnerability and inferior 6) Repeal Armed Forces conditions. Special Powers Act 1958.

CDRO Bulletin 13 23 February: Kashmiri Women’s Resistance are resisting at the Kupwara Sessions Court. The government Day of Jammu and Kashmir, whether through the police or the Public For twenty four years the women of Jammu and Kashmir have been Prosecutor, have repeatedly subject to widespread and systematic gendered human rights violations, displayed their lack of seriousness including rapes, sexual assaults, abductions, disappearances, extra in prosecuting the case or bringing judicial executions, and torture perpetrated by the Indian state- the perpetrators to justice. To paramilitary, army, Jammu and Kashmir Police and others. Through commemorate Kashmiri these years, women from Jammu and Kashmir have struggled for Women’s Resistance Day this truth, justice, and to lead lives free of fear, threats, violence and stigma. year, a special programme They have refused to let their voices be silenced, against tremendous organized by Jammu Kashmir odds, whether it is by speaking out against their perpetrators, publicly Coalition of Civil Society and the exposing official attempts at cover ups, organizing as women’s groups, Support Group for Justice for or approaching the State Human Rights Commission [SHRC], or legal Kunan Poshpora Survivors will be forums for justice. On the occasion of the twenty third anniversary held on 23 February at 1:30 p.m., of the mass rape and torture at Kunan Poshpora, and recognizing the [exact venue to be decided, and resilience and courage of all women in Jammu and Kashmir against announced]. We call on all State violence, we urge all sections of Kashmiri society to members of civil society, political commemorate 23 February from this year as the Kashmiri Women’s parties, women’s groups, student Resistance Day. organizations and others to Rapes and sexual assaults, which are internationally endorse, recognize and remember recognized as a war crime, and a form of torture, have been the struggle, resistance and extensively and routinely used as a weapon of war in Jammu and sacrifices of the women of Kashmir. All the organs and agencies of the State have deliberately Jammu and Kashmir on this day. impeded processes of justice and truth for victims, and have colluded Public support and solidarity for to ensure impunity to armed forces. They have specifically fostered the struggle of the survivors of and endorsed impunity for sexual crimes, within the wider culture of mass rape and torture in Kunan impunity that prevails in Jammu and Kashmir. The Kunan Poshpora Poshpora, as part of a wider case is emblematic of both this pervasive culture of impunity, and of movement towards ending the long-standing resistance against such atrocities. On the intervening impunity for sexual crimes and night of 23/24 February 1991, personnel of the Indian Army, 4th violence against women in Rajputana Rifles, 68 Mountain Brigade, gang raped many women of Jammu and Kashmir, is vital, on Kunan and Poshpora while the men from the villages were subject to this, the ‘Kashmiri Women’s mass torture. On 21 October 1991, the case was closed as untraced; Resistance Day, 2014’. however no formal closure report was submitted before a competent court. In April 2013, 50 Srinagar based women from diverse age Jammu Kashmir Coalition of Civil groups and backgrounds, filed a PIL before the High Court of Jammu Society (JKCCS) and Kashmir demanding the re-opening and re-investigation of the Support Group for Justice for case. This PIL prompted the police to file a closure report, which on Kunan Poshpora being resisted by the survivors, led to an order for further Survivors investigations. To date, the police are in contempt of the Court’s orders, as the time granted by the Court has expired and they carried out no 14th February 2014 investigations in the villages. The Indian army has now sought to shut down the investigations altogether, by filing a revision petition against the Magistrate’s order of further investigation, which the survivors

14 CDRO Bulletin Stand in Solidarity with Struggling Workers of Bajaj Motors, Gurgaon

workers. While the management claims that the reason for suspensions is ‘indiscipline and slow-down of production’ in the last five days, the real issue at stake as one worker puts it is, “At present here (in Gurgaon-Manesar) the managements of all the companies and entire the (state) department is united to put curbs on workers forming their own organization for their needs, rights and social security, as they fear that their profit On the NH-8 stretch from Gurgaon to Manesar, the largest concentration of margins will be affected if workers two-wheeler production in the world, the workers of Bajaj Motors are on sit- get organized.” Since before the down protest at the factory gate since the morning of 24th February. Day and formation of the Union itself, night through the last two weeks, workers have held through their unity coercion and threats, even emerging even stronger in the face of ‘legal’ and illegal attacks and brandishing guns by bouncers to manipulations by the management, coercion through huge mobilization of dissuade workers from filing for their police force (the day before, police tried breaking the tent) and coordinated Union recognition, have been the threats and attacks by local goons on the payroll of the company. ways of ‘maintaining discipline’. The Bajaj Motors Gurgaon management launched a fresh attack After the formation of the Union on its workers by a series of vindictive terminations and suspensions, through a two-hour strike, the effecting a lock-out situation by imposing a humiliating ‘good conduct bond’ management started process of as a condition for entry, and forced-work in conditions of near-bondage for Union-breaking and the factory has a handful of contract workers. seen continuous coercion and On Monday 24th Feb when A-shift workers came for work, they resistance. found a list of suspension orders against 15 workers, while others were Workers of Bajaj Motors asked to sign a humiliating ‘Good Conduct Bond’ to go inside. On Sunday, are not new to struggle of the in preparation, 150-200 DT (Diploma Trainee or another name for contract) working class in the belt. On 20th workers had been called by the company on overtime, and were being forced October 2009, Bajaj Motors workers to work in conditions of near-bondage, abused and even threatened to be joined other 1 lakh auto workers in physically assaulted, and arrangements made with tent on the rooftop to the region on a one-day general stay overnight within the factory premises itself. On Tuesday 25th February strike to support the 43-day strike of morning, one worker from among the DT workers inside, fractured his leg nearby workers at Rico Gurgaon while attempting to jump from over the wall of the factory premises running where 26 year old worker Ajit Yadav away from this forced labour. Production is practically at a halt with less had been shot dead by management than 10% taking place by the 150-odd workers as all the other around 1500 goons. On 7th October 2011, Bajaj workers are on sit-down protest at the gate ever since. Motors workers occupied the This attack comes in the wake of a long struggle of the workers in factory on a 20 hour strike, in the plant which the management has been continuously trying to suppress solidarity with the Maruti Suzuki since the ‘audacity’ of the workers in forming ‘Bajaj Motors Workers Union’ Manesar workers’ second-phase of in 2008 (Reg. No. 1870). Five among the 15 suspended workers are BMWU strike that year which happened with body members. Symptomatic of the management attack on the Union is the the demand to take back all contract termination of work of the BMWU President Vijender Gill without any formal workers. notification since 22 Nov 2012 just after the settlement of the Charter of To crush this emerging Demands, while due to pressure two other Union body members were unity of workers on a plant level, the reinstated earlier. Workers were demanding reinstatement of all suspended organized company managements of

CDRO Bulletin 15 the region waited for a reason and appealing to the workers in 3 other Other workers and Unions from the situation to attack the workers. Bajaj Bajaj Motors plants (of its 11 total region are coming in support, among Motors Owner Chairman and MD, plants) in nearby Manesar, Binola whom are Maruti Suzuki Workers V.P. Bajaj is the President of the GIA and Bawal to come in support for a Union, Honda Employees Union, (Gurgaon Industries Association), larger struggle. Hero Motorcorp Employees Union, and the relative of Brajmohan The plant in Gurgaon has Suzuki Motorcycles India Employees Munjal, owner of Hero Motorcorp, around 1500 workers of which 283 Union, and Unions from Omax Auto, with (declared) personal wealth of are permanent with wages around Lumax Auto, Rico Dharuhera and $2.2bn. This family alone controls Rs.10-12000 while the rest are FCC Rico, Automax, and so on. The number of factories in the region, and contract workers of various settlement meetings so far have not has the government machinery at its categories who are doled the yielded any results with the beck and call. Haryana minimum wage for unskilled management adamant on breaking Ever sky-rocketing profits worker of Rs.5342. Whereas the work the workers unity, while the workers for Munjals and their partners has required is of a highly skilled nature, are resolved to struggle ahead with meant ever increasing workload in the bulk of the work is foisted on their demands. increasingly dismal conditions for contract workers whose skewed the workers in the Narsingpur plant ratio compared to permanent workers Immediately reinstate all here. The highly mechanized is even admitted by the the terminated and suspended production process has meant management. The contract workers workers of Bajaj Motors! cutting down on jobs and increasing also find themselves terminated from Immediately implement the workload on a single worker rather their jobs after every 6-7 months; just demands of Bajaj Motors than its opposite as claimed by the there’s another category of around workers! management. Workers here sends 300 contract workers called DT End the regime of parts for 15000 bikes everyday, (diploma trainee) who’re never made exploitation-oppression of workers producing 22 engine parts like shafts, permanent, working for 1-2 years. in Gurgaon-Manesar-Dharuhera- planks to Hero Motorcorp (Gurgaon, Only around 10% of the workers are Bawal in the name of development! Haridwar, Dharuhera), Suzuki from Haryana, while the rest are Motorcycles, Mahindra two- migrant workers; most worker stay wheelers, New Holland Tractors, and on rent 10-12km from the factory. Workers Solidarity Centre, Gurgaon so on. Suring the struggle at present, At present workers workers seek to turn this production continue to sit in protest at the 10th March 2014 chain into a chain of resistance factory gate on the national highway. Association for Democratic Rights Condemns the Surrender of Penguin Books

Association for Democratic Rights, Punjab strongly condemns the decision Andolan’ shows that to what extent taken by Penguin Books India to withdraw and pulping all copies of famous the fascism of intolerant forces in American writer Wendy Doniger’s book ‘The Hindu: An Alternative History’ this country has spread its tentacles while caving in before hindutav forces. Dr. Wendy Donger is a high profile who claim itself being the biggest scholar who holds two doctorate degrees in Sankrit and ancient Indian democracy in the world. That how Culture. And she has produced 75 PhD scholars during her 40 years much the space for individual’s right experience in research. She reinterpreted the ancient Indian Culture to free speech and free expression, documented in literature with in-depth intellect and from scientific view- the space for scientific testing of point. It should be remembered that the Indian Express group honored her historical facts and democratic Goenika Award after evaluating the above-said book as one of the best discourse has been shrunk. And to prose of our times. what extent the retrogressive, Association’s state President Prof. Ajmer Singh Aulakh and General obscurantist forces hold sway on the Secretary Prof. Jagmohan Singh said that the surrender of a world famous state, judiciary and ruling classes of publication group like Penguin India before Hindutav group ‘Siksha Bachao the country.

16 CDRO Bulletin This is not some rare While underlining the made with the aim of increasing the episode but an essential part of a blessings of the war of repressive power of these laws are large scale phenomenon. In the independence, the AFDR’s office- tools to scuttle the progress of recent past, the arrest of young girls bearers opined that when Netaji society and strengthen the who criticized state’s mourning over Subash Chander was the national retrogressive forces. With the hue Shiv Sena supremo Bal Thakre’s president of Indian National and cry of ‘hurt feeling’ these forces demise on the face-book, attacks and Congress, the task of defending the are active to stop the scientific re- misbehave with renowned lawyer fundamental rights of the citizenry interpretation of history and fresh Prashant Bhushan and rights was integrated with the true spirit of historical researches. They are activist Gautam Navlakha when they complete freedom those rights putting hurdles in the way of social expressed their free opinion on the became part of Indian Constitution. progress while using threats and Kashmir issue, the arrest of But at the same time, the draconian hooliganism and looming sword of cartoonist Asim Trivedi, again arrest colonial articles of IPC, e.g. 295-A litigations on its head. They made a of two publishers from Punjab under and 153-A, were maintained in the appeal to all democratic and S.C.S.T. Act who published some constitution whose sole purpose progressive forces to have concern poetry from pre-partitioned literary was to suppress the right to free in view of rise of this alarming trend works of famous Punjabi poet Babu speech and free expression and and raise their voice for the Rajab Ali, charging and arresting scuttle the scientific research and protection of right of free expression Prof. Inder Singh Ghagga for his strengthened the hands of and scientific research. article on Raksha Bandhan under the reactionary forces. The Indian state pressure of reactionary Hindutav has been patronizing such Buta Singh forces who had initiated a vicious reactionary motives. The imposition campaign against him, and the of article 66-A of Information February 19, 2014 connivance of the state machinery Technology Act-2000 is a glaring in encouraging this fascist trend by example. The laws made in the British helping to fulfill their ill-intentions Colonial era with the ill-intention of are some recent examples. ‘divide and rule’ and the amendments Haryana – Report on Recent Workers Strikes at Asti and Baxter Factories, Manesar

A day after Union Finance Minister P. Chidambaram, doled out grounds for 80% contract workers, and among further cheer for Auto Company bosses in the interim budget, all the workers whom women workers constitute at auto parts electronics factory, Asti Electronics India Pvt. Ltd. (Plot 399, around 70%, struck work, and sat Sector 8), IMT Manesar, went on a wildcat strike occupying the plant on inside the factory at the maidan. This 18th February 2014, pointing to the brutal exploitation of workers which immediately erupted after the buttresses this cheer. Emboldened by this strike action, a little while later on incident yesterday morning when that day itself, workers in nearby Baxter Pharmaceuticals India factory also some women workers were abused struck work on to voice their long-standing discontent. While the immediate and molested by supervisors and trigger for the strike at Asti was physical and sexual violence against four managerial staff, fuelling the already women workers in the morning, the workers at Baxter revolted against the boiling workers anger. arrogant rejection of their file for Union recognition by the labour department This builds up on a regime which hand-in-glove with the company would not allow Union formation in of underpayment, at times even the multinational. below the state minimum wages, increasing work pressure and Strike at Asti harassment at work, all common Since the morning of 18th February, fed up with continuous features of the exploitation-pit which repression of their trade union rights and coercive measures by the produced the vulgar glitter recently management which include terminations, threats, abuse and now molestation at display at the Auto Expo in nearby and physical intimidation, all of the around 600 workers, which includes 70- Delhi, had made workers come

CDRO Bulletin 17 together to try and get their Union the might of workers united strike disorders, infectious diseases, registered. Filing for Union action. trauma, and other chronic and acute registration on 12 January 2014 only Asti (AEIPL) is a subsidiary medical conditions’, the brutally incensed the management of the of Asti Corp, Japan which produces exploitative and repressive multinational who attacked by wiring harness, switches, controllers, conditions under which workers who terminating the services of two and other automotive and produce these drugs work expose the workers, one on 25th Jan and another electronics parts. It supplies to auto hollowness of the humane overcoat on 27th Jan. Both these workers name companies Suzuki Motorcycles, which the company wears. appear in the list of Union Maruti Suzuki, Yamaha Motors, For the last six months, representatives that workers agreed Omron Automotive, etc. with workers have been struggling to get to in filing for Union recognition. branches in Japan, China, Vietnam their Union registered. The file for Next to go was a contract worker who and India. Union registration was rejected by protested the high-handedness of a the Labour Commissioner on flimsy supervisor a few days later. The Strike at Baxter technical grounds, the real reason, move of the management was to Meanwhile in nearby as some workers told us, being that intimidate anyone who came forward Baxter India Ltd, a pharmaceutical the state is taking on as a to voice the collective anger, or even company, workers of A shift struck responsibility, to see to it that any collective attempt at asking for work in the morning, later joined by workers get ‘peacefully exploited’ in Union rights. The move this morning, B and C shift workers. The strike at the MNC-raj regime. The case is now of sexual harassment and Asti emboldened them to organize pending at the Punjab and Haryana intimidation is part of the measures their long standing unrest. This strike High Court. When yesterday for ‘industrial peace’ that is common comes in the wake of continuous workers received news that the date in the area. Women workers attest to workers struggle for the last 6 for mediation of the stalemate of their the daily sexual harassment of snide months, where 45 workers who conciliation with the DLC has been remarks to add to the continuous signed for filing Union recognition merely delayed to 22nd April, and squeeze of their overworked mind have been transferred to its Waluj upon hearing about the strike action and body. plant near Aurangabad in at Asti, they struck work. They Police was called by the Maharashtra, while around 6 workers stayed inside the plant in the night, management who used the threat of were later suspended and terminated. while the management security and force, but the unity of workers and This was done by the management police did not allow any food inside their disciplined sit-in could not be in vengeful manner to curb Union the premises the entire day till 19th broken. The workers from nearby formation. And to top it up, in place evening, when workers from nearby factories also gathered outside the of the transferred workers, those plants and trade unions tried getting factory gate in a show of solidarity. newly hired are on contract, showing food inside the plant. One woman Slogans of ‘management chor hain’ its concerted move towards worker fell sick and had to undergo could be heard from inside the plant. contractualisation. medical treatment later which was In the evening, under immense With 70% women also not available during the time of pressure from the striking workers, workforce, and 50% the strike. Late into the evening of the management had to back off by contractualisation and increasing, 19th Feb, negotiations with the conceding to the demands of the the plant has around 450 workers, management got workers their workers. All three demands of (a) who toil day and night in demand of reinstating all 45 reinstatement of three terminated underpayed, overworked, abusive transferred workers back in the workers, (b) no vengeful tactics to and hazardous work environment. Manesar plant. The six suspended be used by management related to Permanent workers here get Rs. 7- workers however remain suspended workers filing for Union registration, 8000 while contract workers take pending domestic enquiry in a time- and (c) proceedings against guilty home around and less than the bound manner. supervisors and management who minimum wage of Haryana at Rs. Baxter manufactures used sexual violence and force 5600. While the pharmaceutical plant medication delivery and renal against workers in the morning, were says that it produces life-saving businesses in 27 countries with three agreed to. This is a swift victory of drugs to treat ‘hemophilia, immune plants in India; it recently expanded

18 CDRO Bulletin capacity and vertically integrated to days and made the management independent of which there is a produce plastic parts, but with even backtrack on its condition of growing assertion of plant-based lesser number of workers, while it separating and keeping the contract workers unity across segmentation registered 49.77% as gross margin workers out of the plant. The strike (the Autofit strike being a particularly profits in the last year. at Asti where working class women illuminating case) and plant In the last two months were at the centre of struggle and at occupations, among others, are itself, among others, management Baxter where workers were fed-up increasingly to be seen in the recent coercion against Union rights, was with the farcical neutrality of the strikes in the last two months. seen in the nearby Munjal Kiriu in labour departments hand-in-glove IMT Manesar where goons were with the management and Nayan sent to beat up workers sitting at the punishment regime adds to this factory gate and Autofit factory in growing class anger. The inefficacy February 21, 2014 Dharuhera some distance away, and second-class managerial role of where workers struck work for 59 the central trade unions, United Tea Workers Front Moves Ahead on Minimum Wages

The United Tea Workers Front (UTWF) welcomes the announcement made At its launch, the UTWF by the Joint Labour Commissioner on 8th January 2014 that the first meeting presented its Charter of Demands for for wage negotiations will be held at the Siliguri Circuit House on 25th February Terai, Dooars and Darjeeling, which 2014. This is good start to UTWF’s demands on the timing and venue of the concentrated on the following: negotiations. * Wage negotiations must be On 10th February 2014, the UTWF will be meeting the Joint Labour completed before the expiry of the Commissioner at Siliguri to press for its Charter of Demands, along with its present agreement, which is valid till two immediate demands- 31st March 2014. 1. Place of the entire wage negotiation should be in Darjeeling and * The negotiations must take Siliguri and not Kolkata so that workers have more chances of understanding place in Siliguri and Darjeeling, what is happening and so that leadership can consult the workers. instead of Kolkata, so that workers 2. Negotiations must be completed before the 31st of March 2014. and their leaders can participate in a much more active manner in the *A mass gathering and rally to the JLC is planned on negotiations, instead of feeling the occasion. The rally will start from Bagha Jatin Park at 2 marginalised, as they do in Kolkata. PM. Please Join* * Tea workers must be included in the Scheduled Employments under the Minimum Wages Act 1948. The UTWF also calls upon all other unions of tea plantation workers The Government of West Bengal and in other sectors for a coordination to make the collective bargaining must notify wages under the Act for agreement of 2014 to 2017 reflect the true aspirations of tea plantation workers. tea workers and any collective bargaining agreement must ensure Anuradha Talwar (Convener, Darjeeling) that wages are above those fixed P. T. Sherpa, Leos Hasapurti, Kiran Kalindi (Convenors, Dooars) under the Minimum Wages Act. A Rajesh Toppo, Harihar Acharya (Convenors, Siliguri Terai) calculation made using the widely accepted 15th ILC recommendations A REPORT ON THE ACTIVITY OF UTWF FOR A FAIR WAGE IN TEA and Supreme Court orders showed The United Tea Workers Front (UTWF) was launched on 27th that this would be Rs.322 at December 2013 at Siliguri, primarily to raise the issue of a living wage and September 2013 prices. related matters in the forthcoming wage negotiations in North Bengal. The * Any deductions made from launch was preceded by a number of discussions between unions about the such a minimum wage for benefits non-transparent and anti-working class manner in which wage negotiations under the Plantation Labour Act take place in the tea sector in West Bengal and the total absence of any kind must be calculated in a transparent of conception of minimum wages in these negotiations.

CDRO Bulletin 19 manner. All such calculations and one of the important stakeholders in Kalindi and a member of the UTWF documents must be made available the industry. Committee, Baijnath Naik. They are to the workers and their unions. still in jail and have been refused bail * All wage and non-wage The UTWF has since then so far. Despite their absence, other benefits must be extended to all organized the following leaders of the union are continuing bigha (seasonal) workers. programmes: with their organizing and campaign * The Tea Board must also 1. Meeting of garden level work successfully. participate in the discussions. leadership of the Doars at Birpara on The UTWF’s movement * All other fiscal issues such as 17th January 2014, attended by about has had the impact of bringing to the Wages & Salary, Extra Leaf Payment, 200 workers. forefront the issue of very low wages Dearness Allowances, Variable 2. Meeting of garden level in the tea sector. After it raised the Dearness Allowances, L. T. A. and leadership of Nagrakata and demand for Rs.322 as the daily Additional Compensation must be surrounding blocks attended by minimum wage(inclusive of all resolved alongside, and all cash about 500 workers at Nagrakata TE benefits) based on the 15th ILC and payments, including the daily rated on 20th January 2014 Supreme Court orders and inclusion wage should be inflation linked with 3. Meeting of over 400 in the Scheduled Employments 100% compensation for inflation. women workers on 24th January 2014, under the Minimum Wages Act, * All vacant posts must be in collaboration with Karmajivi other unions have also made similar immediately filled. Trainings for skill Mahila Parishad, a state level council demands. The Co-ordination improvement must be undertaken. of women workers from 11 trades, at Committee publicly presented its Malbazar culminating in a charter of demands on 10th January Actions: deputation to the SDO on the 2014 and later TMC led unions have On 7th and 8th January, the demands of women workers as well also made public statements about UTWF presented its charter of as submission of the UTWF Charter. their demands. There seems to be an demands to the Labour Minister and 4. Meeting of garden level industry-wise agreement amongst the Coordination Committee of leadership of Terai region at unions, with both the Co-ordination Plantation Associations (CCPA). Bagdogra TE on 25th January 2014 Committee and the TMC led unions The Labour Minister received the attended by about 100 workers. raising the demand for inclusion of demands of the UTWF positively. He 5. Public convention of tea tea workers in the Minimum Wages seemed in favour of inclusion of tea workers at Nagrakata attended by Act. Similarly, the Co-ordination plantation workers in the Scheduled about 400 workers on 6th February Committee has demanded a cash Employments and was also in favour 2014. wage of Rs.285 and the TMC led of the need to have negotiations in 6. Presentation and unions Rs.290. If non-cash benefits Siliguri and Darjeeling, if the discussion of the UTWF charter of provided under the Plantation employers were agreeable. He was demands to GTA Sabha members at Labour Act are added to this, the however initially of the opinion that Darjeeling on 7th February 2014. amount would be even more than the it would be impossible to hold wage Besides this, garden level Rs.322 as asked for by the UTWF. negotiations before the Lok Sabha meetings have taken place in a large A second impact has been elections, but later he assured us that number of gardens throughout the that the Joint Labour Commissioner they could be started before the 31st region. on the 8th January 2014 announced March 2014 and he would also try to The UTWF also had to face a the Government’s intention of ensure completion by 31st March setback when 4 of the leaders of its holding the first meeting for wage 2014. The CCPA told us that “the constituent, Terai Dooars negotiations on 25th February 2014 dynamics in the industry had Progressive Plantation Workers at Siliguri. changed. We are aware of this and Union, were arrested on false will respond accordingly.” charges on 27th January 2014, while February 10, 2014 Immediately after this, the organizing a bandh protesting the CCPA invited the UTWF to the gang rape of an Adivasi girl at negotiation on Leave Travel Labhpur in Birbhum. This includes Allowance formally recognizing it as one of the UTWF Convenors, Kiran

20 CDRO Bulletin Statement of Naga Peoples Movement for Human Rights

The Delhi High Court today (10.3.2014) issued notice to the respondents In the latter part of the Ministry of Home Affairs, Ministry of External Affairs, and the Indian 1980s, recognising the need for an High Commission at Ottawa Canada, in a writ petition filed by Luingam indigenous peoples’ platform for Luithui, his wife Peingamla Luithui, and members of the immediate family Asia, he took the lead in setting up and clan, demanding the full restoration of the citizenship rights of Mr. the Asia Indigenous Peoples Pact Luithui and his wife. Luingam Luithui, a founding member of the Naga (AIPP) eventually becoming its Peoples Movement for Human Rights (NPMHR) and a senior civil rights first Secretary General for two activist, and his wife, have been living in virtual exile in Canada ever consecutive terms from 1992 till since 1995. This tragic violation of their fundamental rights is a direct 2000. He was also involved in result of unconstitutional acts and omissions of abuse of process, and United Nations’ processes on of fraud and deception perpetrated by the Government of India, making human rights actively contributing it impossible for them to return to India, and forcing them to take to the UN’s Working Group on Canadian citizenship after almost a decade of statelessness abroad. Indigenous Populations and the NPMHR welcomes this step by the High Court of Delhi. The drafting of the UN Declaration on matter came up for hearing before the Acting Chief Justice of the High the Rights of Indigenous Peoples. Court of Delhi, Hon’ble Mr. Justice Badar Durrez Ahmed, and Hon’ble In 1993, as a special invitee, he Mr. Justice Siddharth Mridul. The Petitioners were represented by Senior addressed the UN Conference on Advocate, Mr. M.S. Ganesh, assisted by Ms Shomona Khanna, Mr. K. Human Rights, Vienna on issues Seshachary, and Ms. Sahana Basavapatna, Advocates. of indigenous and tribal peoples in The petition is about reclaiming the rightful citizenship of Mr. Asia. and Mrs. Luithui. It seeks declaratory and substantive reliefs and prays Luingam Luithui and his for the enforcement of various constitutional, statutory citizenship rights wife have been forcibly exiled from and other allied fundamental rights guaranteed under the Constitution of India. The NPMHR believes in the India. The petition also challenges the constitutional validity of provisions sanctity of the Court and rule of of the Citizenship Act, 1955 and Passport Act, 1967 and accompanying law and has complete faith that rules, insofar as these empower the State to effectively exile and banish justice will be done in the writ a citizen of India by birth through refusal or impounding of their passport petition, and the unconstitutional or travel document and thereby preventing such citizen from returning acts and omissions and frauds to India and exercising their constitutional citizenship rights. committed upon the Petitioners will Aside from Mr. and Mrs. Luithui, twelve others forming their be reversed. nuclear and extended families and membersof the Luithui clan and other The petition has also family elders, the Chairman of Langdang Phungcham, and the Pastor of arrayed as parties the United Langdang Phungcham Baptist Church are also petitioners in the present Nations High Commissioner for writ. They are also praying for the enforcement of their fundamental Refugees, and the Government of rights which are being violated by denying Mr. and Mrs. Luingam Luithui Canada, which came to the rescue to return to the family and community. of Mr. and Mrs. Luithui upon their Luingam Luithui has been involved from his youth in the abandonment abroad by the Indian formation of many mass-based platforms and has served in various State. human rights organisations. A signatory to the letter petition that eventually resulted in the Supreme Court of India’s judgment on Armed Dr. Gina Shangkham, Forces Special Powers Act (AFSPA) in NPMHR v. Union of India (1998 Secretary General 2 SCC 109), his human rights work transcends borders and peoples. NPMHR During the Emergency period, as a student in Delhi he actively, along with others, worked for the rights of ordinary citizens. 10.3.2014

CDRO Bulletin 21 Statement of People’s Union for Civil Liberties

PUCL condemns the move of Meerut Police and UP Government Such whimsical, vengeful to book 67 Kashmiri students of Swami Vivekanand Subharthi and capricious abuse of the University, Meerut under sedition law, namely Section 124-A, IPC, criminal laws by the police will for allegedly cheering in support of Pakistan during the Asia cup only result in further alienation of cricket match. The use of the harsh provision of sec. 124A IPC Kashmir youth and not help to against the students has shocked the nation, for apart from build emotional and social bonds criminalizing a trivial incident, the law invoked carries a sentence of with the rest of people in India. It upto life imprisonment. Though the sedition charges were dropped is time that civil society becomes later due to political intervention, they not only go on to show the more sensitive to the need to way in which Kashmiris are treated across the nation but also raise address Kashmiri alienation by another important issue of the way draconian provisions of law like making Kashmiris feel welcome the anti-sedition law is routinely abused to silence citizens, muzzle and included whenever they visit free speech, intimidate anyone even remotely questioning government any city or region of India. and state policy and brutally ensure that citizens conform to what is It is therefore that PUCL considered politically right by the ruling political elite and demands that not just sec. 124A, establishment. but the FIR filed against unnamed Sec. 124A IPC was made by the British government to crush Kashmiri students be and silence freedom fighters during the independence struggle and unconditionally withdrawn. had been famously used against Mahatma Gandhi and Balgangadhar PUCL also demands that the Tilak, both of who were convicted for 6 years under this law. suspension of the students by For the last 100 years, both the colonial British state and University authorities should also independent Indian governments have used anti-sedition laws as a be withdrawn. tool of repression to silence anyone from questioning their actions. This draconian law has been invoked earlier against author and Dr. V. Suresh, National General activist Arundhati Roy, well known doctor and PUCL National Vice- Secretary, PUCL President Dr. Binayak Sen, journalist Seema Azad and cartoonist Prof. Prabhakar Sinha, National Aseem Trivedi. President, PUCL PUCL strongly believes that Section 124A is an archaic and repressive law which has a ‘chilling effect’ on freedom of speech 7th March, 2014 and expression of Indian citizens as enshrined in Article 19 (1)(a) of the Indian Constitution. As long as it is in the law books it will continue to be abused to silence dissent and prevent challenges to ruling interests. Jawaharlal Nehru made a promise to the nation in India’s First parliament that sec. 124A IPC is unacceptable and that the law will be repealed. PUCL has been demanding not just the repeal of sec. 124A IPC but also clones of the law in other statutes like the Unlawful Activities Prevention Act. The Meerut police, have charged the students not only under Sec. 124A, but also u/s 153A IPC (promoting enmity between different communities) and sec. 427 IPC (committing mischief). PUCL strongly condemns the registration of criminal case as unacceptable and unwarranted for the alleged incident is trivial.

22 CDRO Bulletin