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An Interview with Teesta Setalvad
Jindal Global Law Review https://doi.org/10.1007/s41020-020-00116-3 ARTICLE Proto‑fascism and State impunity in Majoritarian India: An Interview with Teesta Setalvad Oishik Sircar1 © O.P. Jindal Global University (JGU) 2020 Abstract This interview with Teesta Setalvad was conducted in the wake of the February 2020 anti-Muslim violence in North East Delhi. Drawing on her vast experience as a human rights activist, journalist, and peace educator, Setalvad’s responses map the continuum — across years, anti-minority pogroms and ruling parties with divergent ideologies — of the cultures of hate, and the practices of state repression and impu- nity in a proto-fascist India. Setalvad ofers an interrogation of the ideology of the Hindu right, delves into the historical trajectories of the rise of the Rashtriya Sway- amsevak Sangh (RSS) and the Bharatiya Janata Party (BJP). She also charts the repeating patterns of police and media complicity in fomenting anti-minority hate and critically analyses the contradictory role of the criminal law and the Constitu- tion of India in both enabling and resisting communal violence. In conclusion, she ofers hopeful strategies for keeping alive the promise of secularism. Keywords State impunity · Hindutva · Gujarat 2002 · Pogrom · Genocide 1 Introduction The cover of Teesta Setalvad’s memoir — Foot Soldier of the Constitution — features a photograph of her looking directly into the eyes of the reader.1 Her face is partly lit and lightly silhouetted, her eyes simultaneously conveying an invitation and a provocation. One might use words like determination, courage and fortitude to describe the expres- sion on her face — as the blurb on the back cover of the book does. -
Breathing Life Into the Constitution
Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering in India Arvind Narrain | Saumya Uma Edition: January 2017 Published by: Alternative Law Forum 122/4 Infantry Road, Bengaluru - 560001. Karnataka, India. Design by: Vinay C About the Authors: Arvind Narrain is a founding member of the Alternative Law Forum in Bangalore, a collective of lawyers who work on a critical practise of law. He has worked on human rights issues including mass crimes, communal conflict, LGBT rights and human rights history. Saumya Uma has 22 years’ experience as a lawyer, law researcher, writer, campaigner, trainer and activist on gender, law and human rights. Cover page images copied from multiple news articles. All copyrights acknowledged. Any part of this publication may be reproduced, copied or transmitted as necessary. The authors only assert the right to be identified wtih the reproduced version. “I am not a religious person but the only sin I believe in is the sin of cynicism.” Parvez Imroz, Jammu and Kashmir Civil Society Coalition (JKCSS), on being told that nothing would change with respect to the human rights situation in Kashmir Dedication This book is dedicated to remembering the courageous work of human rights lawyers, Jalil Andrabi (1954-1996), Shahid Azmi (1977-2010), K. Balagopal (1952-2009), K.G. Kannabiran (1929-2010), Gobinda Mukhoty (1927-1995), T. Purushotham – (killed in 2000), Japa Lakshma Reddy (killed in 1992), P.A. -
NCM File No. MIDL/30/0036/12 COMPLAINT of MALEK NIYAZBIBI BANNUMIYAN Dated 10
BEFORE THE NATIONAL COMMISSION FOR MINORITIES, NEW DELHI Re: NCM File No. MIDL/30/0036/12 COMPLAINT OF MALEK NIYAZBIBI BANNUMIYAN dated 10. AFFIDAVIT OF SANJIV RAJENDRA BHATT I, SANJIV RAJENDRA BHAlT, aged about 48 years residing at:, Bungalow No.2, Sushil Nagar Part 11, Opposite Mahatma Gandhi Labour ': Institute, Drive-in Road, Ahmedabad 380 052, do hereby state and ',: solemnly affirm as under: 1. Iam filing this affidavit in furtherance of my earlier affidavit dated April 25, 2012, through which Ihadinter alia sought to bring out certain facts regarding the inadequacies of the investigation carried out by the SIT into the Complaintdated June 08, 2006,made by Mrs.ZakiaJafri pertaining tovarious allegations regarding the larger conspiracy and orchestration behind the Gujarat Riots of 2002. The Complaint of Mrs.ZakiaJafri encompasses the abominable and woeful events which took place inthe State of Gujarat between 'Mbruary, 2002 and May, ZOO2 after the abhorrent Godhra incident on 27th February, 2002.My earlier affidavit sought to bring out certain details regarding the dubious role of the State Government of Gujarat in shielding the high and mighty including the Chief Minister Mr.NarendraModi from lawful inquisition and legal punishment.1 had also averred in my earlier affidavit, that the Honourable Justice Nanavati and Mehta- Commission of Inquiry and the SIT were deliberately turning a blind eye to the overwhelming ddtumentary, oral and circumstantial evidence to conceal the complicity of the State Government of Gujarat and its high functionaries in the Gujarat Carnage of 2002. 2. I have now had the occasion to peruse the Report submitted by SIT in compliance of the order passed by the Honourable Supreme Court on September 12, 2011 in Criminal Appeal No. -
Accountability for Mass Violence Examining the State’S Record
Accountability for mass violence Examining the State’s record By Surabhi Chopra Pritarani Jha Anubha Rastogi Rekha Koli Suroor Mander Harsh Mander Centre for Equity Studies New Delhi May 2012 Preface Contemporary India has a troubled history of sporadic blood-letting in gruesome episodes of mass violence which targets men, women and sometimes children because of their religious identity. The Indian Constitution unequivocally guarantees equal legal rights, equal protection and security to religious minorities. However, the Indian State’s record of actually upholding the assurances in the secular democratic Constitution has been mixed. This study tries to map, understand and evaluate how effectively the State in free India has secured justice for victims of mass communal violence. It does so by relying primarily on the State’s own records relating to four major episodes of mass communal violence, using the powerful democratic instrument of the Right to Information Act 2005. In this way, it tries to hold up the mirror to governments, public authorities and institutions, to human rights workers and to survivors themselves. Since Independence, India has seen scores of group attacks on people targeted because of their religious identity1. Such violence is described in South Asia as communal violence. While there is insufficient rigorous research on numbers of people killed in religious massacres, one estimate suggests that 25,628 lives have been lost (including 1005 in police firings)2. The media has regularly reported on this violence, citizens’ groups have documented grave abuses and State complicity in violence, and government-appointed commissions of inquiry have gathered extensive evidence on it from victims, perpetrators and officials. -
EVENT Year Lib. No. Name of the Film Director 35MM DCP BRD DVD/CD Sub-Title Language BETA/DVC Lenght B&W Gujrat Festival 553 ANDHA DIGANTHA (P
UMATIC/DG Duration/ Col./ EVENT Year Lib. No. Name of the Film Director 35MM DCP BRD DVD/CD Sub-Title Language BETA/DVC Lenght B&W Gujrat Festival 553 ANDHA DIGANTHA (P. B.) Man Mohan Mahapatra 06Reels HST Col. Oriya I. P. 1982-83 73 APAROOPA Jahnu Barua 07Reels EST Col. Assamese I. P. 1985-86 201 AGNISNAAN DR. Bhabendra Nath Saikia 09Reels EST Col. Assamese I. P. 1986-87 242 PAPORI Jahnu Barua 07Reels EST Col. Assamese I. P. 1987-88 252 HALODHIA CHORAYE BAODHAN KHAI Jahnu Barua 07Reels EST Col. Assamese I. P. 1988-89 294 KOLAHAL Dr. Bhabendra Nath Saikia 06Reels EST Col. Assamese F.O.I. 1985-86 429 AGANISNAAN Dr. Bhabendranath Saikia 09Reels EST Col. Assamese I. P. 1988-89 440 KOLAHAL Dr. Bhabendranath Saikia 06Reels SST Col. Assamese I. P. 1989-90 450 BANANI Jahnu Barua 06Reels EST Col. Assamese I. P. 1996-97 483 ADAJYA (P. B.) Satwana Bardoloi 05Reels EST Col. Assamese I. P. 1996-97 494 RAAG BIRAG (P. B.) Bidyut Chakravarty 06Reels EST Col. Assamese I. P. 1996-97 500 HASTIR KANYA(P. B.) Prabin Hazarika 03Reels EST Col. Assamese I. P. 1987-88 509 HALODHIA CHORYE BAODHAN KHAI Jahnu Barua 07Reels EST Col. Assamese I. P. 1987-88 522 HALODIA CHORAYE BAODHAN KHAI Jahnu Barua 07Reels FST Col. Assamese I. P. 1990-91 574 BANANI Jahnu Barua 12Reels HST Col. Assamese I. P. 1991-92 660 FIRINGOTI (P. B.) Jahnu Barua 06Reels EST Col. Assamese I. P. 1992-93 692 SAROTHI (P. B.) Dr. Bhabendranath Saikia 05Reels EST Col. -
Hindutva Watch
UNDERCOVER Ashish Khetan is a journalist and a lawyer. In a fifteen-year career as a journalist, he broke several important news stories and wrote over 2,000 investigative and explanatory articles. In 2014, he ran for parliament from the New Delhi Constituency. Between 2015 and 2018, he headed the top think tank of the Delhi government. He now practises law in Mumbai, where he lives with his family. First published by Context, an imprint of Westland Publications Private Limited, in 2020 1st Floor, A Block, East Wing, Plot No. 40, SP Infocity, Dr MGR Salai, Perungudi, Kandanchavadi, Chennai 600096 Context, the Context logo, Westland and the Westland logo are the trademarks of Westland Publications Private Limited, or its affiliates. Copyright © Ashish Khetan, 2020 ISBN: 9789389152517 The views and opinions expressed in this work are the author’s own and the facts are as reported by him, and the publisher is in no way liable for the same. All rights reserved No part of this book may be reproduced, or stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without express written permission of the publisher. For Zoe, Tiya, Dani and Chris Contents Epigraph Preface Introduction 1 A Sting in the Tale 2 Theatre of Masculinity 3 The Ten-foot-tall Officer 4 Painting with Fire 5 Alone in the Dark 6 Truth on Trial 7 Conspirators and Rioters 8 The Gulbarg Massacre 9 The Killing Fields 10 The Salient Feature of a Genocidal Ideology 11 The Artful Faker 12 The Smoking Gun 13 Drum Rolls of an Impending Massacre 14 The Godhra Conundrum 15 Tendulkar’s 100 vs Amit Shah’s 267 16 Walk Alone Epilogue: Riot after Riot Notes Acknowledgements The Big Nurse is able to set the wall clock at whatever speed she wants by just turning one of those dials in the steel door; she takes a notion to hurry things up, she turns the speed up, and those hands whip around that disk like spokes in a wheel. -
SDG 16 India Mapping the Datascape.Pdf
i Commonwealth Human Rights Initiative The Commonwealth Human Rights Initiative (CHRI) is an independent, non-profit, non-partisan, international non-governmental organisation, working for the practical realisation of human rights in the countries of the Commonwealth. In 1987, several Commonwealth professional associations founded CHRI, with the conviction that there was little focus on the issues of human rights within the Commonwealth although the organisation provided member countries a shared set of values and legal principles from which to work. CHRI’s objectives are to promote awareness of and adherence to the Commonwealth Harare Principles, the Universal Declaration of Human Rights and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in Commonwealth member states. Through reports and periodic investigations, CHRI continually draws attention to progress and setbacks to human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, member Governments and civil society associations. Through its public education programmes, policy dialogues, comparative research, advocacy and networking, CHRI’s approach throughout is to act as a catalyst around its priority issues. CHRI is headquartered in New Delhi, India, and has offices in London, UK and Accra, Ghana. International Advisory Commission: Yashpal Ghai - Chairperson. Members: Lord Carlile of Berriew, Alison Duxbury, Wajahat Habibullah, Vivek Maru, Edward Mortimer, Sam Okudzeto, and Sanjoy Hazarika Executive Committee (India): Wajahat Habibullah – Chairperson. Members: B. K. Chandrashekar, Jayanto Choudhury, Maja Daruwala, Nitin Desai, Kamal Kumar, Poonam Muttreja, Jacob Punnoose, Vineeta Rai, Nidhi Razdan, A P Shah, and Sanjoy Hazarika Executive Committee (Ghana): Sam Okudzeto – Chairperson. -
Constitutional Crisis in Gujarat
Constitutional Crisis in Gujarat:- The main cause of the Constitutional crisis is that the Chief Minister of Gujarat is abusing his position as Administrative Head of the State in practically all spheres of the Administration and is violating the Basic Structure of the Constitution and using entire state machinery to defeat the mandate of the Constitution and subvert the cause of public justice. We particularly bring to your notice the following actions of the Government which violates the Basic Structure of the Constitution. a) Abusing his position as a Chief Minister in Administration of Justice and instead of honestly prosecuting those who are guilty of murders, mayhem and wanton destruction of property of hundreds of people are brought to justice and instead he is taking steps to ensure that they go Scot Free. Towards this end he and his administration, including senior partymen and legislators are indulging in activities that amount to tampering with evidence, influencing witnesses and de-railing the justice process. The chief minister is also abusing his powers and specifically patronizing those lawyers who are appearing as counsel for those accused of major crimes by handpicking them as special public prosecutors at high stipends. In 2004, the Supreme Court of India had pulled up the government of Gujarat for subverting the justice system remarking that the “public prosecutors in the 2002 carnage cases were behaving like defence counsel.” Subversion of the Criminal Justice System “...Doraiswamy J and Pasayat J identified serious deficiencies in the manner the case had been investigated and also the manner in which the proceedings in that case had been conducted in the trial court and in the High Court. -
SIT Volume 2 Page 459-541
b ' has been found 'that the evidence given by Shri 4." Sreekumar lir) '. nelther,fbrk&part of the same transadtion: hc; :he scic s:z:ernenrs rr, have been made by ~hri~reekuma'r at the time of occurrence of ill, the incident or at least .immediately. thereafter and, therefore are ra ,. not relevant as per Sec .6 of the . Indian . Evidence Act. In the b m. + instant case, the so called.' evidence ,of'Shri R.,B.. Sreekumar, s, concerning the events before the riots was his own perception as he had no direct knowledge of the same. 5 3 I Shri R.B. Sreekumar has .contended that no follow up action . 4 - . was taken on the reports sent by him on 24-04-2002, 15-06-2002, k . 20-08-2002 &. 28-08-2002 about anti-minority stance, of the administration. A letter dated .24-04-2002 addressed, to ACS . (Home) with a copy to DGP .contained an analytical note on h current communal scenario in Ahmedabad city, which is general in nature and no specific instance has been cited. In brief, it has been mentioned in this note that of late the minority community was found to be taking an increasingly belligerent postures as they felt themselves as a section of population left at a total mercy of radical communal elements of ~ajran~~al and VHP.. It was further mentioned that the Muslim communities being the major victims of . the riots developed amajor grudge against the drimina~Justice System, which they felt was According to Shri Sreekumary-certain VHP and had started extorting protection money from t rie businessmen from both the communities and were, pressurisinb the merchants and general public not to employ the members' of the minority community. -
When Justice Becomes the Victim the Quest for Justice After the 2002 Violence in Gujarat
The Quest for Justice After the 2002 Violence in Gujarat When Justice Becomes the Victim The Quest for Justice After the 2002 Violence in Gujarat May 2014 International Human Rights and Conflict Resolution Clinic Stanford Law School http://humanrightsclinic.law.stanford.edu/project/the-quest-for-justice International Human Rights and Conflict Resolution Clinic at Stanford Law School Cover photo: Tree of Life jali in the Sidi Saiyad Mosque in Ahmedabad, India (1573) Title quote: Indian Supreme Court Judgment (p.7) in the “Best Bakery” Case: (“When the investigating agency helps the accused, the witnesses are threatened to depose falsely and prosecutor acts in a manner as if he was defending the accused, and the Court was acting merely as an onlooker and there is no fair trial at all, justice becomes the victim.”) The Quest for Justice After the 2002 Violence in Gujarat When Justice Becomes the Victim: The Quest for Justice After the 2002 Violence in Gujarat May 2014 International Human Rights and Conflict Resolution Clinic Stanford Law School http://humanrightsclinic.law.stanford.edu/project/the-quest-for-justice Suggested Citation: INTERNATIONAL HUMAN RIGHTS AND CONFLICT RESOLUTION CLINIC AT STANFORD LAW SCHOOL, WHEN JUSTICE BECOMES THE VICTIM: THE QUEST FOR FOR JUSTICE AFTER THE 2002 VIOLENCE IN GUJARAT (2014). International Human Rights and Conflict Resolution Clinic at Stanford Law School © 2014 International Human Rights and Conflict Resolution Clinic, Mills Legal Clinic, Stanford Law School All rights reserved. Note: This report was authored by Stephan Sonnenberg, Clinical Supervising Attorney and Lecturer in Law with the International Human Rights and Conflict Resolution Clinic (IHRCRC). -
DETAILS PARAGRAPH the Complaint by Smt
PAGE / DETAILS PARAGRAPH The complaint by Smt. Jakia Jaffri was filed under Sections – 120b, 302, 193,114,186, Page 1 153a, 187 of the IPC, Section 6 of the Co/m/mission of Inquiry Act, under the Gujarat Police Act and Human Rights Act (dated-8/6/2016) . The inquiry of the complaint was Paragraph 1 handed over to Additional Director General of the Police, Gujarat State. No FIR was registered. With the help of Teesta Setalvad (of the Citizen for Justice and Peace), an application for issuance of mandatory direction to register the said complaint as an FIR, an order to submit the investigation to an independent agency. However, this application was dismissed. The aggrieved further filed a SLP before The Supreme Court with same requests. In furtherance to this, the Supreme Court assigned The Special Investigation Team with the inquiry and responsibility to take steps as required in law. The reports of the members (Shri Malhotra and Himanshu Shukhla) were sent to the Learned Amicus Curiae appointed by the Supreme Court. The Supreme Court held the SIT can carry further investigation with respect to the Amicus Curiae’s observation, at its own option. In the final report submitted by SIT it says that allegation in respect of the offences Page 6 under different acts which have been made on the accused member was not found to be true and there was no sufficient evidences to prove offence against any of the accused Paragraph 2 person and no reasonable cause were found thus, a closure report has been filed. -
Gujarat Files
Dedicated to Mukul Sinha and Shahid Azmi who gave me a purpose to fight. For Abba and Ammi Contents Title page Dedication Foreword Preface Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Endnotes Copyright FOREWORD िहरयेन पाेण ससािपिहतं मुखं । तं पुषपावृणु सधमाय ये ।। (The face of truth is covered by the golden vessel; Oh Pushan, uncover it for the vision of truthful dharma) —Ishavasyopanishad ‘Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn’t’, said Mark Twain epigrammatically. But, the nature of truth, has baffled philosophers all over the world for ages. Like the Holy Grail, it is envisioned differently by different persons in different times and tracts. People who pursue the truth single-mindedly must of necessity tread the lonely path beset with travails and tribulations bereft of expectations of help from anyone except their own conscience to guide them. This version of the truth of the disturbing events in Gujarat during 2002 and the saga of fake encounters makes fascinating reading. According to the author, this book gives the reader an insight provided by the lens of a spy camera and spy microphone both of which were freely used in a long drawn sting operation. As to whether the material presented in this book represents facts, or mere perspective vision of the events, is for the reader to judge. The narrative interspersed with quoted conversations makes interesting reading. It is for the State apparatus enforcing the Rule of Law and the Constitutional machinery as its sentinel to objectively assess the trustworthiness of the facts narrated here and take necessary action to restore the faith of the citizens of this country in the Rule of Law.