Vol. XXXVIII, No. 8 ISSN-0970-8693 AUGUST 2018 Rs. 20 Resolution of the PUCL National Executive Meeting held in Delhi, 30th June & 1st July, 2018:

Resolutions PUCL National Executive “State Worse than Emergency” – India turning Meeting: “State Worse than Emergency” – into a Lynchistan! India turning into a Lynchistan! (1) PUCL is shocked at the situation of our democracy which is a “State ARTICLES, REPORTS & DOCUMENTS: worse than the Emergency”. It is obvious that the present regime, with its From Eugenics, Biometrics to Jurimetrics: religious majoritarian agenda, is trying to cause disaffection between Supreme Court Judges on Trial - Gopal sections of the people and destroying the social fabric of the society. The Krishna (9); Preliminary FFT Report of people are being pushed to the brink of civil strife with large sections Incident of Gang Rape of 5 Adivasi Women in living in fear. The State is also brazenly conspiring with corporate Jharkhand (14). financial interests and elites to deliberately push people to directly challenge the state thereby giving a pretext to crush all democratic PRESS STATEMENTS, LETTERS AND NEWS: rights. Increasingly the agenda of the state is being pushed from welfare as a human right to a security and surveillance state. PUCL Resolution on the NRC updation in st The PUCL National Executive takes note of the recent incidents of state Assam, 1 July2018 (2); Rejoinder to Arun violence against citizens occurring in the targeted killing of unarmed Jaitley by Prabhakar Sinha (3); Press citizens protesting against the Sterlite plant in Thoothukudi (also known Statement: PUCL Stands in Solidarity with as Tuticorin), mass arrests of farmers and local citizens protesting Sudha Bharadwaj, National Secretary, PUCL against the 8 lane highway between Salem and Chennai; violence (5); Public Statement by Advocate Sudha unleashed along with filing of several hundreds of false cases and Bharadwaj (6); Press Statement: PUCL arrests in thousands of Dalits protesting the Supreme Court judgment, Strongly Condemns the Ghastly Attack on making the Act for Prevention of Atrocities of the SC ST ineffective; Swami Agnivesh (7); PUCL Rajasthan: Press making India “lynchistan” through widespread mob attacks and Note: Not Cow Sumggling but Extortion lynching predominantly of Muslims; police killing of farmers in Madhya Which Led to the Lynching of Akbar Khan (8); Pradesh; the action of the security forces in the cold blooded killing of at Minutes of PUCL National Council Meeting least 40 tribals in Gadchiroli and throwing of their bodies in the Indravati and Decisions & Resolutions held on 18-19 River; and numerous other such incidents. Two things stand about these Nov. 2017 at GPF, Delhi (13); Tamil Nadu incidents - one the brazen sense of impunity and power of the armed PUCL: Press Release (17); Gujarat PUCL: state, and on the other the resounding silence and a non-questioning Memorandum to H.E. the President (18); attitude of civil society and majority of the media. Gujarat PUCL: Press Note on Anti- Apart from the Indian state virtually waging a war against its own citizens, (the Govt of India as also) the governments of various states Emergency Day with two Resolutions (18). have also systematically divested themselves of their responsibility to bring about social justice and ensure the well-being of their citizens, by Annual Subscription: PUCL Bulletin either not implementing laws protecting these groups or progressively (w.e.f. January 01, 2017) INDIA reducing budgetary allocations towards food and social security, health, PUCL Members Rs. 200 education and the welfare of marginalized and vulnerable sections, Non-Members Rs. 240 Libraries, Institutions Rs. 300 including Tribals, Dalits, women and people with special needs. This has OVERSEAS led to alarming levels of starvation highlighted by 20 deaths in PUCL Members US$50 Jharkhand, UP and Karnataka in the last few months. Shamefully India Non-Members US$100 now ranks 100 out of 119 in the hunger index. Libraries, Institutions US$120 The intolerance to democratic dissent is matched by the intolerance towards media professionals exposing true facts underlying tall claims to development and governance in India in the last four years, ranging from slapping of defamation cases and terrifying trolling to outright killings. Increasing corporatisation of the media has ensured that the media fails to play its role as a sentinel of public interest becoming a

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PUCL BULLETIN, AUGUST 2018 1 pliant tool in the hands of the state killing those opposed to their been so reduced to irrelevance as to create a discourse and a mindset interests. The scary part is that is happening under the present and even creating fake news other state governments like dispensation. Parliamentary supporting the anti-democratic Haryana have started following the traditions of holding debates before actions of the Indian state. example of the UP government and the passage of important Bills has The grim situation of women's indulge in encounters as a pretext been given up as has been the safety in India is starkly highlighted to counter growing crime. marginalization of Parliamentary by the use of sexual violence as a Aadhar is at its core a surveillance- Standing Committees and their tool to silence women and society, enabling programme, which Reports. both in conflict areas like Bastar threatens privacy and democratic The last straw on the camel's back and Kashmir, as also in other p r a c t i c e . S h o c k i n g l y t h e has been the increasing executive places like the Kathua and Unnao Government through sustained interference with the independence incidents. The studied and propaganda accompanied by of the judiciary. So much so that deliberate silence of the Prime coercion of making people four senior judges felt compelled to Minister to condemn many of the mandatorily link Aadhar to every bring this to the attention of the incidents outlined above is akin to service has lulled people into nation through a media conference. selective amnesia from a person believing that privacy is the price The vexed issues of judicial who is otherwise quick to respond we have to pay for better appointments, allegations of to personal and insignificant events implementation of welfare corruption, lack of accountability occurring worldwide. programmes. In fact, the Aadhar and erosion of constitutional values While the real perpetrators of anti- project is endangering both - are leading to a loss of faith towards dalit violence of Bhima Koregaon welfare as well as privacy. justice among the people that is a on 1st January 2018 roam free, the The attack on Scientific temper, the source of deep concern. vindictiveness of the state against school curriculum and higher In view of the grim human rights human rights activists is epitomised education is complete. With the scenario prevailing in the country by the recent arrests of lawyer Prime Minister and his ministers and the importance of educating Surendra Gadling, Professor frequently pouting nonscientific and mobilizing ordinary citizens to Shoma Sen, tribal activist Mahesh facts and promoting superstition, protect, preserve and promote Raut, Dalit writer Sudhir Dhawale including giving ministerial status to human right, oppose fascist rule and political activist Rona Wilson, god man in State after State, along and dictatorial governance the in the name of the Urban Maoist with making seriouschanges in the PUCL has decided to organise bogey. curriculum and text books regional meetings focussing on Never before has any state according to the majoritarian i s s u e s t h r e a t e n i n g I n d i a n brazenly adopted encounters as a religious ideology, and almost democracy. The gatherings will means of addressing issues of destroying Institutions like JNU, include members of student crime like the current Uttar Pradesh HCU in order finish the autonomy of unions, trade unions, women's government led by Yogi Adityanath these Universities in every organisations, Dalit and adivasi (Ajay Singh Bisht). A virtual reign of sense.And now with the recent groups, disabled people's groups, terror has been unleashed wherein hurried proposal of repealing the sexual minorities and other constitutional proprieties and Rule UGC Act and bringing in the Higher organisations working for the of Law Doctrines have been thrown Education Commission of India bill, democratic rights of the people. We to the winds with the UP Police establishes thepush for ending would like to reiterate that it is only a having committed more than 1000 autonomy and bringing in more vigilant citizenry which can protect encounter incidents shooting down government and political patronage human rights and democracy. 50 persons. Not only has the state and control of Universities and Dr. V. Suresh, General Secretary, police abdicated its constitutional Institutions; and stifle critical PUCL on behalf of the National responsibilities to follow the law, thinking on campuses. Executive Committee q they have turned into state predator Never before has the Parliament

Note: The PUCL National Executive Committee during their meeting on 30th June and 1st July, 2018 had also discussed the serious situation existing in Assam pursuant to the exercise of the Government of Assam to create the National Register of Citizens (NRC) and heightened insecurity amongst members belonging to the minority community that this was an attempt to delegitimize them and to declare them ot be aliens and pushed out of the country, where they have been residing, in many instances for the last 40 to 50 years, if not more. We share the text of the Resolution that was prepared. PUCL Resolution on the NRC updation in Assam, 1st July, 2018 The PUCL is extremely anxious register containing the names of system which may exclude genuine and concerned by the process of Indian citizens in the State of Indian citizens, separate families, updating the National Register of Assam. We fear large scale from the updated NRC, particularly, Citizens (NRC), which is the manipulation in the verification Muslims and people of Bengali

PUCL BULLETIN, AUGUST 2018 2 descent, who also include a large from the NRC, without a prior in the Supreme Court. As stated by number of Dalits who maybe investigation and trial.. the special monitor of the NHRC on declared non-citizens and non- The PUCL is concerned that even minorities, the “Indian state must Indian Nationals. in the past when almost two therefore Establish a long term The PUCL is extremely worried at thousand people were declared as policy and clear Legal Regime in the consequence of this exercise of foreigners or Stateless, they were Conformity with Article 21 and establishing legacy data which is put in detention centres, which was International Law in particular the happening in the most arbitrary a part of the existing jail. Apart from UN High Commissioner for manner with the sufferers being there being no clear legal regime Refugees (UNHCR), Guidelines on women and children in large g o v e r n i n g t h e r i g h t s a n d the Applicable Criteria and numbers. Our fear is that such entitlements of detainees, they are Standards relating to the Detention people will be excluded as they living in the most dehumanized o f A s y l u m - S e e k e r s a n d have been disproportionately living conditions, apart from the Alternatives to Detention, 2012”. targeted and affected by the separation of families, there are no “Immigrants are not criminals” is an Tribunals wherein the onus and facilities of recreation, no waged understanding of international law. burden of proof is placed on the work only indefinite incarceration. The PUCL urges the Supreme accused to establish their For many of them its more than 9 Court which is monitoring this citizenship status through years since they have even been updation and the Government of documentation, consequently denied the basic rights of meeting India and Assam to prevent large reducing them to foreigner and their kin, as these detention centres scale human rights violations of the stateless people. Their status will are outside the purview of the jail people of Bengali descent and be recorded as “pending” until their manual. minorities and take a humanitarian citizenship has been determined by And now the country's largest point of view to the situation and let a Foreigners' Tribunal. It is detention centre is being created to the people live a life of dignity. therefore alleged that these orders house the first 1.5 lakh people Dr. V. Suresh, General Secretary, may lead to the wrongful exclusion whose names may not included in PUCL on behalf of the National of close to several lakh people, the first list which is to be submitted Executive Committee q Rejoinder to Arun Jaitley Prabhakar Sinha, Former President, National PUCL & One of the founding Members of PUCL from 1976 onwards On 22nd June 2018, in an unusual erode their credibility and mislead increased. In the early 80s, the move Arun Jaitley posted an article the people.But the most deplorable ultraleft seized the opportunity edited by the India TV editorial part is his knowingly resorting to and started infiltrating into team on the facebook. The article distortion and lies about the PUCL organisations like the PUCL titled 'Govt's Kashmir policy not with which he had been associated and PUDR.The liberals got muscular, fidayeens can't be dealt for several years before he chose to disillusioned with the Maoist with satyagrah' is an attempt to pursue his political career. takeover of the civil liberties justify the free hand given to the Referring to the PUCL, he writes: movement. A few were too armed forces in Kashmir to take "In the early 70s, the People's gullible to understand this". liberty with the life and liberty of the Union for Civil Liberties (PUCL) It is incredible that a lawyer of his Kashmiris in a bid to fight the was formed by constitutional stature would not consult records militants.He justifies the use of liberals led by Shri Jai Praksh and verify facts before launching an unrestrained force even against a Narayan. This timed with the attack on a reputed organisation suspected terrorist who is not supersession of judges, the with which he had been associated fighting but is just hiding. The article m i s u s e o f P r e v e n t i v e from its second birth in 1980. The deals in detail with the author's Detention law and the only conclusion can be that he has version of the attack on the human beginning of dynastic rule. Its deliberately resorted to distortion of rights of the Kashmiris by the relevance increased during the facts and lies to justify the human insurgents and concludes that the Emergency and immediately rights violations in Kashmir use of unrestrained force by the after. In 1977, the Janata following the Modi government's security forces is not 'muscular 'but Government headed by Morarji muscular policy and discredit the the 'rule of law'. Anticipating Desai reversed most of the P U C L a n d o t h e r r i g h t s opposition from the rights autocratic steps which Indira organisations. organisations against human rights Gandhi had taken and To put the record straight, Jaitley's violations, he launches an attack on thereafter, the comfort level of distortions have to be contradicted human rights organisations to the liberals on civil liberties and lies nailed with facts.

PUCL BULLETIN, AUGUST 2018 3 The PUCL was not formed in early promotion of civil liberties in India, to abide by its Constitution. 70s but early 1980's. Originally, the regardless of their political The PUCL members, including the People's Union for Civil Liberties ideology. Thus, the so called ultra- Naxals, also did not discriminate and Democratic Rights (PUCL & left were not barred from joining the against members on the basis of DR) was founded by Jai Prakash PUCL in their personal capacity if their ideology. For example, Ravi Narayan in October, 1976. A they signed the pledge that they Shankar Prasad, an ABVP seminar was held on 17th October 'subscribed to the aims and objects member, was elected as a 1976, which was inaugurated by of the organisation and agreed to Secretary, Bihar PUCL in 1981 and J.B.Kripalani. Mr. V.M. Tarkunde abide by its constitution'. Where held that post till 1988. He was was elected President and Mr. was the question of infiltrating when elected as the General Secretary in Krishna Kant as its General the door was kept open for all? In 1988. He resigned from the post Secretary. fact, the first item in the list of PUCL only after he joined the BJP, as the The PUCL & DR was deliberately 's aims and objects provides that members of political parties are not kept free from political ideologies “the Peoples Union for Civil liberties eligible to hold an office in the so that people belonging to various will try to bring together all those PUCL. He eventually left the political parties may come together who are committed to the defence organisation later because he felt on one platform for the defence of and promotion of civil liberties in that the PUCL had not acted civil liberties and human rights. India irrespective of any differences impartially when it did not send a However, only seven months later they may have in regard to political Fact Finding Team to Ayodhya the Emergency was lifted in March, and economic institution suitable following the police firing on Kar 1977 following Indira Gandhi's for the country”. Sevaks in 1990 in which a large defeat at the 1977 Parliamentary There were two conditions for a number were killed.While he elections. Once the fear of Indira person joining the PUCL.They remained in the PUCL, he enjoyed Gandhi disappeared, the members must subscribe to its aims and the members' support on the basis of the political parties lost interest in objects and must abide by its of his performance. No other the PUCL &DR, and it became constitution. The aims and objects consideration influenced the much less active. of the PUCL confine themselves to members including the Naxals. It was Indira Gandhi's return to the issues of civil liberties and The political elements (members of power in 1980, which revived the democratic rights and strictly political parties) of the PUCL left the fear of the opposition parties and exclude political issues or political organisation only towards late 80's also their interest in the revival of ideologies. Thus, the question of when Indira Gandhi was dead, the PUCL & DR. A conference was the PUCL promoting the interest of Rajiv on the backfoot and the held in November 1980 for the the left or ultra-left or any other prospect of coming to power looked purpose. The 1980 Conference political party does not arise. It is promising. However, the veteran was attended by eminent persons kept outside the ambit of its socialist leaders, Surendra Mohan from all walks of life and by the constitution. The PUCL is also and Karpoori Thakur remained with members of most political parties committed to the use of peaceful the PUCL till their end. George including the Congress. However, a means and the rule of law.Thus, it Fernandes, too, remained with the section of the PUCL & DR was not can neither support the use of organisation, and the PUCL sent willing to include the members of violence nor armed struggle. Observers' team to monitor his the RSS and did not join the Keeping the distant future in mind elections for Lok Sabha from Banka conference. Thus, out of the PUCL when some section of the (Bihar) in 1986 and Muzaffarpur in & DR were born two organisations: organisation may try to change the 1989. I remember to have met the PUCL and the PUDR. The character of the PUCL.and exploit it Yashwant Sinha, who was his PUCL adopted its Constitution and to promote its interest, its election agent, at Banka (I was elected V.M. Tarkunde as President Constitution provides that the President, Bihar PUCL). A few and Arun Shourie as General criteria of membership and aims others remained but the bulk went Secretary. and objects of the PUCL cannot be for a greener pasture.There were Arun Jaitley, who was very closely amended. many others. associated with the formation of the All the liberals and the members of The fact is that the political PUCL, resorts to a downright lie, the political parties including Arun elements left the PUCL when they when he alleges that in the early Jaitley, who joined the PUCL were came close to coming to power and 80s the ultra-left infiltrated into the fully aware of the constitution they later turned oppressors and PUCL. The PUCL constitution had framed and adopted and were violators of human rights and civil adopted at the 1980 conference fully conscious that no person was liberties when they became rulers. mandated that the PUCL should an untouchable or an outcaste for They could not remain in the PUCL bring together all who were the PUCL, if the person subscribed in their new Avatar as an oppressor. committed to the defence and to its aims and objects and pledged Jaitley has not referred to a single

PUCL BULLETIN, AUGUST 2018 4 meeting of the PUCL where the l a w. W e b e l i e v e t h a t t h i s M . A . R a n e , B a b a A d h a v, question of the takeover by the commitment is the very faith of an R.B. Mehrotra (Justice), Dev Brat Maoists was raised by the 'liberals' open society and also that adhering N Pathak, Yashpal Chhibbar, to who allegedly left. In fact, there to this commitment is an effective name only a few. It is not easy to could be no question of takeover by way of converting all to the accept that they were so gullible the Maoists in the early 80s as democratic and peaceful way of and blind as Jaitley suggests. Jaitley alleges, because the CPI transforming our society". Jaitley, an old PUCL member, is (Maoist) was formed only in 2004 The PUCL continues to disapprove aware that the PUCL has been with the merger of the People's War of violence as a means of resolving publishing a monthly bulletin since Group, the Maoist Communist political problems and issues, but 1981, which publishes its stand on Centre and a few others. holds that even those who resort to various issues. He does not A few liberals led by Cho violence must be dealt with support his allegations from our Ramaswamy did part ways with the according to the law of the land.The publications because he cannot PUCL in Madras Convention of the rulers mislead the people into find anything to substantiate his PUCL in 1982, but the issue was believing that the human rights allegations. entirely different.They were of the organisations which stand for the His write up appears to be an view that those who did not believe protection of human rights of the attempt to discredit the PUCL and in the Indian Constitution and alleged Maoists or terrorists are other rights organisations with a resorted to violent means, were not supporters of their ideologies or view to destroy their credibility and entitled to the protection of the causes. also to criminalise and victimise Constitution and the law.The PUCL Arun Jaitley's gullible liberals who them if they oppose the human rejected this view.The Convention remained with the PUCL till the end rights violations, inevitable under appealed to all to use the agencies include V.M. Tarkunde, Rajindar the so called 'muscular 'approach. and methods available in an open Sachar, Rajani Kothari, Prof. Amrik It is a case of giving a bad name society but "affirmed that even Singh, H.M. Seervai, Asghar Ali to a dog if one has decided to shoot those who have taken to violence Engineer, Nayantara Sehgal, him. q are entitled to the due process of Hemlata Prabhu, Aloo Dastoor,

Press Statement: 07th July, 2018 PUCL Condemns Republic TV for the Fabricated, Malicious, Motivated and Scurrilous Attack on Adv. Sudha Bharadwaj, PUCL National Secretary PUCL Stands in Solidarity with Sudha Bharadwaj, National Secretary, PUCL The PUCL strongly condemns the be created and of receiving money rights defenders under UAPA on recent fabricated, malicious and from Maoists, without even seeking 6th June 2018, a similar fabricated m o t i v a t e d a t t a c k s a g a i n s t any clarifications from her or letter was produced by Republic TV Advocate Sudha Bharadwaj and questioning the authenticity of the allegedly addressed to the same other human rights defenders, by letter. "Comrade Prakash". On 7th June Republic TV and its anchor Ms. The letter has been used by the 2018, Advocate Sudha Bharadwaj Shivani Gupta, Deputy Editor Mr. channel to label lawyers and had addressed a press conference Shawan Sen and its Managing human rights defenders as “Urban organized by the Indian Association Director, Mr. Arnab Goswami, by Naxals” and attempts to establish of People's Lawyers (IAPL) in New way of a series of programmes links with Kashmir separatist Delhi to condemn the arrest of presented on Republic TV on 4th groups. The programmes have Advocate Surendra Gadling of the July 2018 as “Super Exclusive been aired with headers of “Urban Nagpur High Court. Breaking News”. Naxals Exposed”. The PUCL is extremely proud to Relying on a fabricated letter Similar allegations were made have advocate Sudha Bharadwaj allegedly addressed by her to a against other human rights as its member. She has been a Maoist named 'Comrade Prakash', defenders and lawyers including dedicated trade unionist for more the channel repeatedly aired, senior human rights activist and than three decades and has served completely false, unsubstantiated founder of the PUDR, Mr. Gautam as a general secretary of its and scurrilous accusations against Navlakha, telecast in Part 2 of the Chhattisgarh branch, during which Advocate Sudha Bharadwaj. We programme, via a second letter time the branch did remarkable stand by her in her categorical supposedly procured by the work in the State. She is also denial of having ever written this Channel. As if that was not enough, associated with the Chhattisgarh letter. it was followed by a national debate Mukti Morcha, which was founded The channel revealed no source on Prime Time TV at 9 pm that day by the late Shankar Guha Niyogi. and details of how the letter was hosted by the channel's anchor, She started her legal practice in the procured, accused her of stating Shivani Gupta. year 2000 and has since, fought that “Kashmir like situation” had to It is pertinent to note that in the innumerable cases of workers, earlier arrests of the five human PUCL BULLETIN, AUGUST 2018 5 farmers, adivasis and poor people harm and injury. In light of the above: in the fields of labour, land We wish to reiterate that the tenor 1. The PUCL calls upon the National Human Rights Commission (NHRC) acquisition, forest rights and and shrill nature of the Republic TV and the courts to take note of this environmental rights. Since the report gives the clear impression trend and take measures to arrest it year 2007, she has been practicing that they are also acting as immediately. in the High Court of Chhattisgarh at mouthpiece and agents of 2. We also call upon the Republic TV to Bilaspur and was nominated by the issue an unconditional apology to investigating agencies, who have Sudha Bharadwaj and demand that High Court to be a member of the no compunction in twisting and the programmes aired by it be Chhattisgarh State Legal Services subverting the law. All of this goes immediately withdrawn from its Authority. She also supported against the National Broadcasters website, social media and other young lawyers to set up the public platforms. The Republic TV Standards Authority (NBSA) should also carry prominently and in Jagdalpur Legal Aid group as a civil Guidelines on Broadcast of detail the letter of denial issued by society initiative to provide legal aid Potentially Defamatory Content, Adv. Sudha Bharadwaj repudiating to incarcerated Tribals. She is a which categorically state that the allegations made by Republic TV visiting faculty at the National Law channel in the same prime time News “5. A news anchor / journalist / Slot as earlier. University Delhi, where she presenter should not make any 3. We also call upon the democratic teaches the course on tribal rights derogatory, derisive or minded citizens of India to condemn and land acquisition. judgmental statements as part the unprincipled manner in which Republic TV has defamed Sudha Advocate Sudha Bharadwaj's of reporting or commentating. Bharadwaj and oppose such consistent and selfless work in the 6. As a norm, a news channel insidious and collusive attempts by field of human rights, speaks for should not report – live or State agencies and media outfits to itself, and is evidence of her pro- recorded – any statement that silence human rights activists against the vindictive State policies and people positions at all times. As a is per se derogatory or derisive. action. human rights lawyer she has 8. Before reporting any 4. We further condemn the constant appeared in cases of habeas accusation or allegation the profiling of human rights activists corpus and fake encounters of version of the person affected working tirelessly against the state's adivasis in the High Court of anti-people actions and policies as must be obtained and aired “urban naxals/ Maoists”, in an attempt Chhattisgarh and also made simultaneously with the to malign them and influence public representations to the National accusation or allegation to give sentiment. Human Rights Commission in the a complete picture to the 5. We demand that the National defence of many human rights Broadcasting Standards Authority of viewer. In the event of inability India (NBSA) register a complaint defenders. Recently the NHRC to obtain the version of the against Republic TV for violating it's s o u g h t h e r a s s i s t a n c e i n affected person(s) within a Code of Conduct and also calls upon investigating a case in Village reasonable period, the same the Editors Guild of India to initiate K o n d a s a w a l i ( S u k m a , appropriate action in the matter. should be aired simultaneously 6. We urge the NHRC to immediately Chhattisgarh). a n d a u t h e n t i c order a transparent and impartial We are unequivocal in stating that contemporaneous records of investigation against the said her brave and relentless efforts to t h e e f f o r t s h o u l d b e programme of the Republic TV. contest human rights violations by maintained”. 7. We further urge the NHRC to take immediate action against those the state and her defence of human 9. Before broadcasting any responsible and issue order rights defenders, stands in such news / programmes, the restraining the Republic TV from opposition to the ethos of Republic channel must take necessary airing such fallacious and unverified TV and its owners. It is clear that steps to ascertain its veracity programmes maligning human rights this vicious and fabricated defenders in the future. and credibility.” Ravi Kiran Jain, President; campaign was done to malign her S o u r c e : h t t p : / / w w w. n b a n e w d e l h i . c o m / image and reputation and cause assets/uploads/pdf/4_Guidelines_on_Broadcast_ Dr. V. Suresh, General Secretary, of_Potentially_Defamatory_Content_13_12_12_ PUCL National q her both personal and professional E.pdf.

Public Statement by Advocate Sudha Bharadwaj: 4th July 2018 Visiting Professor, National Law University Delhi and National Secretary, Peoples' Union for Civil Liberties I have been informed that Republic and completely unsubstantiated created. I am also accused of TV aired a programme on 4 July allegations against me. Goswami having received money from 2018, presented by anchor and MD has claimed that I have written a Maoists. I am also said to have Arnab Goswami as “Super letter (identifying myself as confirmed that various advocates, Exclusive Breaking News”. “Comrade Advocate Sudha some of whom I know as excellent The programme, which is being Bharadwaj”) to a Maoist – one human rights lawyers and others repeatedly shown, contains a long “Comrade Prakash” - stating that a whom I do not know at all, had list of ridiculous, scurrilous, false “Kashmir like situation” has to be some sort of Maoist link.

PUCL BULLETIN, AUGUST 2018 6 I firmly and categorically deny that High Court to be a member of the in targeting such lawyers, the state the letter referred to by Goswami – Chhattisgarh State Legal Services is trying to silence those who stand if at all such a document exists - has Authority. In the last year I have for the democratic rights of citizens. ever been written by me. I firmly been teaching at the National Law The state strategy is to create a refute all the allegations that the University Delhi in the capacity of a chilling effect and deny equitable Republic TV has made against me, Visiting Professor, where I offered a access to the legal system. Also defaming me, causing me seminar course on tribal rights and very recently the IAPL had professional and personal injury. In land acquisition; and a part of the organised a fact finding into the its programme, the Republic TV regular course on law and poverty. difficulties faced by lawyers in has not revealed the source of such As a part of the programme of the Kashmir. a letter. I find it curious that a Delhi Judicial Academy, I As a human rights lawyer I have document purporting to contain addressed the presiding officers of appeared in cases of habeas evidence of such serious crimes labour courts from Sri Lanka. corpus and fake encounters of should first surface in the studio of My pro-people positions and work adivasis in the High Court of Arnab Goswami. as a human rights lawyer are a Chhattisgarh and also made I have been a dedicated trade matter of public record. I am representations to the National unionist since the past 30 years, perfectly aware that they stand in Human Rights Commission in the working in the organisation of the direct opposition to the views so defence of many human rights late legendary Shankar Guha loudly and frequently expressed by defenders. Recently the NHRC had Niyogi, Chhattisgarh Mukti Morcha, Arnab Goswami and Republic TV. s o u g h t m y a s s i s t a n c e i n in the working class shanties of In my opinion the present investigating a case in Village Dalli Rajhara and Bhilai, and m a l i c i o u s , m o t i v a t e d a n d K o n d a s a w a l i ( S u k m a , hundreds of workers are witness to fabricated attack on me is because Chhattisgarh). In all these cases I the fact. As a part of my work as a I recently addressed a press have acted with the professional trade unionist I became a lawyer in conference in Delhi to condemn the integrity and courage expected of a the year 2000 since when I have arrest on 6 June of Advocate human rights lawyer. This indeed fought scores of cases of workers, Surendra Gadling. The Indian appears to be “my crime” which has farmers, adivasis and poor people Association of People's Lawyers earned me the super exclusive in the fields of labour, land (IAPL), an organisation of lawyers attentions of Arnab Goswami. acquisition, forest rights and has also strongly taken up the issue I have asked my lawyer to send a environmental rights. Since the of other lawyers such as Advocate legal notice to Arnab Goswami and year 2007 I am practising in the Chandrashekhar of Bhim Army and Republic TV for their false, High Court of Chhattisgarh at Advocate Vachinathan arrested m a l i c i o u s a n d d e f a m a t o r y Bilaspur and was nominated by the after the Sterlite firing. It is clear that allegations against me. Advocate Sudha Bharadwaj q PUCL Press Statement: 22nd July 2018 PUCL Strongly Condemns the Ghastly Attack on Swami Agnivesh The ugly, planned attack on Swami enslaved labourers were freed from relentlessly fight against communal Agnivesh in Pukar, Jharkhand on the shackles of bondage, is his propaganda, hate campaigns and Tuesday, the 17th July 2018 by memorable contribution to the majoritarian violence is well known members of the Bharatiya Janata promotion of the human rights across the country. A powerful and Yuva Morcha (BJYM) and affiliates movement in the country. The eloquent speaker, Swami Agnivesh of BJP, shows the extent of judgment of the Supreme Court in i s i n v i t e d b y m o v e m e n t s , depravity to which the right wing this connection in 1980, popularly campaigns and groups across goons can fall in pursuance of their known as 'Bandhua Mukti India to share his views, hatred against those who are Morcha' case is a landmark experiences and insights with engaged in building and promoting decision which also helped in people so as to strengthen the secular and democratic values in promoting the growth of the s e c u l a r a n d d e m o c r a t i c the country. concept of Public Interest Litigation movements in India. Swami Agnivesh has been involved in the initial periods. He has been T h e r i g h t w i n g , H i n d u t v a in espousing the cause of dalits, deeply involved in the campaign for organizations have, from time to minorities and other deprived eradicating the evil practice of time, been openly issuing sections of society –especially the liquor consumption in the country. statements and threats against children for more than 50 years. He has led large number of him. The `All India Hindu The laudable work done by the campaigns for opposing nuclear Mahasabha' on 24th May 2011, at Bandhua Mukti Morcha which he power projects. He deep and Lucknow, declared an award of founded in the 1970's by which intense commitment to secular and Rs.10 lakhs to the Hindu (person) thousands and thousands of democratic values and his who would behead Swami

PUCL BULLETIN, AUGUST 2018 7 Agnivesh. The Haryana unit of July, there was no police team Swami Agnivesh has been an Hindu Mahasabha, on 24th April, present in the hotel where Swamiji important member of Peoples 2015 declared at Jind an additional was staying to ensure his Union For Civil Liberties (PUCL) award of Rs.5 lakhs for the same. protection and personal safety. It from its very inception and has Despite such obviously illegal and was public knowledge that the played very important part in provocative statements, no BJYM and BJP affiliated groups promoting its activities relating to effective action has been taken had openly threatened physical protection and promotion of human against such elements by the attack on Swamiji. Yet no rights in the country. Swamiji, was respective governments. The right preventive action was taken by the also part of a team of human rights wing forces have been carrying out Jharkhand police to stop the mob activists who walked deep into the a false and vicious propaganda to from assaulting and injuring Swami forests in Chhattisgarh to help discredit him and his activities. Agnivesh. release a number of subordinate Swami Agnivesh has been Most ironically, the mob was level policemen who had been exposing the false 'Babas', allowed to attack Swamiji at a time kidnapped by the Maoists. 'Sadhus' and 'maulvis' who have when the Supreme Court was PUCL strongly condemns the been duping thousands of innocent pronouncing its judgment asking cowardly attack on Swami citizens in the name of religion. He state governments to ensure Agnivesh at Pakur, Jharkhand, by has continuously and vehemently proper measures for checking and members of the Bhartiya Yuva opposed the concept of 'Hindu controlling the unruly mobs who Morcha and other right wing goons R a s h t r a ' a n d e f f e c t i v e l y have cropped up everywhere and and urge the State government of demolishes the 'Hindutva' are always ready to attack and Jharkhand to immediately arrest propaganda in his speeches as well lynch anyone who they see as and prosecute the culprits who as in debates on various TV o p p o s i n g t h e i r c o m m u n a l participated in the ghastly attack. channels. No wonder that right propaganda of hate, intolerance PUCL also appeals to the citizens wing forces have been looking for and violence. The trend for the last to unite and actively oppose the every opportunity to attack him. four to five years show that instead dangerous trend of this kind of mob It is shocking that in spite of the of controlling the mob mentality, the mentality being encouraged by the advance information given to the governments seem to have been regressive forces in the country. Jharkhand state police about the encouraging the same to which Ravi kiran Jain, President, meeting in which Swamiji was Swami Agnivesh became the latest N.D. Pancholi, Vice President, & going to participate in Pukar on 17th victim. V. Suresh, General Secretary, PUCL National q PUCL Rajasthan: Press Note: Jaipur, 21st July, 2018 Not Cow Sumggling but Extortion Which Led to the Lynching of Akbar Khan At 1 am in the night of 20th and 21st July, 2018 After having studied collectively Dairy farmers from the killer Gau Along with three police encounters with others activists, the lynchings rakshaks, who are basically in the city of Alwar of Meo Muslims, in Mewat area of Rajasthan, it has extortionists. It may be recalled that in the name of the picking up cows. become clear to the PUCL that in the past, 4 lynchings have Although in this case the police Akbar Khan who had bought two happened since 2015, with three in brought the deceased to Alwar and cows from village Ladpur, Ramgarh 2017. Please recall the following lodged an FIR 0321/18 u/s 143, tehsil, Alwar district and was taking murders: 341, 323, 302, 34 IPC at the back the cows in the night to his  30 May 2015, Abdul Gaffar Ramgarh police station. own village Kol near Firozpur Querishi, Birloka, Didwana We would like to ask the Chief Jhirka, Mewat, Haryana, was killed tehsil, Nagaur district Minister of Rajasthan, who tweeted due to extortion. He was killed in  1st April, 2017 Pehlu Khan, immediately this morning, Jungle Lalawandi, Ramgarh. It is Behrorthana, Alwar district condemning this incident, whether well known that extortionists under  16th June, 2017 Zafar Khan, she has any plans to call a halt to the garb of Gau rakshaks are Pratapgarh town, Pratapgarh this bloody madness as now the roaming the streets looking for a district Gaurakshaks have tasted blood prey. If those carrying cows are th and have the support of the police  10 Sept, 2017 Bhagtaram able to pay the sum demanded, and administration. Meena, Neem ka Thaana, then they are allowed to go or else All the killers named by Pehlu Khan fired at and killed. This time too this Sikar district.  th were thrown out of the purview of has been the case, as reported by 12 of November, 2017, Umar investigation and cases of cow activists from the ground level. Mohammed, a resident of smuggling are still being faced by The murder of Akbar is the Ghatmatika Pahadi, near Pehlu khan's companions, Azmat complete failure of the Government Pahadi Kaman killed near and Rafiq. To date Zafar khans in protecting Muslims in particular Ramgarah Tehsil, Alwar killers are roaming free and the eye

PUCL BULLETIN, AUGUST 2018 8 witnesses in the Umar case were courts and maximum punishment. · Aslambe given protection. thrown into jail. In Bhagtaram's It these are not going to stop now, · No false case of cow smuggling case nothing happened, till the these murders are going to be on be filed against Akbar and High Court intervened earlier this the increase? It will be a major Aslam. month in July. There seems to be violation by your Government of T h e R a m g a r h S H O b e complete impunity to the killers, Article 21, the right to life of the · with the Home minister Gulabsingh Muslims dismissed from duty, as the onus is on the State to protect the Kataria going on record that Gau We demand: people from lynching. Rakshaks to good work, after Pehlu · The immediate transfer of · The Home Minister give a plan khan was killed. investigation to an independent for the protection of dairy We would also like to know whether agency, like an SIT or under the farmers particularly the Meos in the GOR has any plans to IG. implement the Supreme court Mewat region. · Arrest the killers of Akbar Khan. guide lines. The SC clearly made We also demand from the CM that the centre and State responsible for · Immediately return and restore this be the last lynching in lynchings, and said mobocracy will the cows to the family of Akbar Rajasthan. The impunity and not be allowed. As part of the Khan. protection to these killers be guidelines it has all state to make · Compensation including cash of withdrawn now. nodal officers, immediate arrests Rs. 25 lakhs and land to the Kavita Srivastava, President, and charge sheets and fast track family. And a government job to Anant Bhatnagar, General his kin. Secretary, PUCL Rajasthan q From Eugenics, Biometrics to Jurimetrics: Supreme Court Judges on Trial Gopal Krishna* “Aadhaar Act and Artificial Intelligence pave the way for jurimetrics, the death of justice as we know it”. In the moment of Uber-isation and technology, computer prediction and these technologies are not Ola-isation of services, wherein an and statistical inquiries tantamount class and caste neutral as they app links a supplier with a to predicting human judicial reflect the prejudices of the consumer via a platform and the behavior through jurimetrics. This programmers of all shades. This app provider may be based in one non-human turn ends up promoting will add up yet another layer of country, the supplier in another and use of symbolic logic, behavior automated inequality amidst the consumer in a third, the models, mechanical aids for continuation of gross rampant imminent verdict on the unjustness prediction of both individuals and historical inequality. of Aadhaar Act has put the five groups to eliminate personal Attempts at predicting human judges of the Constitution Bench of e l e m e n t f r o m j u d i c i a l , behavior including judicial behavior Supreme Court on trial. It has administrative and political through these technologies will emerged that the problem that decisions. have unprecedented collateral beset the trial judges also engulfs A decision in favour of UIDAI will damage. It is destined to fail. the appellate judges. Allowing imply accepting infallibility of The Record of the Proceedings present and future Presidents, computer prediction without before the Supreme Court's 5- Prime Ministers, Judges, military factoring in the “Heisenberg feed- Judge Constitution Bench for 10 personnel, poets and citizens and back effect” and the alchemy of May, 2018 reads: "Hearing e v e n n o n - c i t i z e n s t o b e machine learning. While judges concluded. Judgment reserved" in biometrically “profiled to the nth work in open (having learnt that the case related to world's biggest extent for all and sundry to know” by sunlight is the best disinfectant), Central Identities Data Repository 12-digit Unique Identification (UID)/ the computer programmers and (CIDR) of 12 –digit biometric Aadhaar number for Central their visible and invisible beneficial U n i q u e I d e n t i f i c a t i o n Identities Data Repository (CIDR) owners work behind the scene. If (UID)/Aadhaar numbers. Now the is indefensible. 2 4 x 7 i d e n t i f i c a t i o n a n d s e c o n d j u d g m e n t i n t h e The trust which the lawyers of authentication of citizens and UID/Aadhaar case can be Ministry of Electronics and r e s i d e n t s i s d e e m e d pronounced on any of the coming Information Technology (MeitY)'s constitutionally permissible by days. The final hearing began on 17 Unique Identification Authority of electronic and biometric systems January, 2018. The original case India (UIDAI) and its proponents then the possibility of trial by fallible was filed on 18th October 2012. The wish the judges of the Constitution these very systems too cannot be documents and submissions in the Bench to place in the certainty and ruled out in the immediate future. UID/Aadhaar case which has been guidance of UID technology, The fact remains that these submitted in the Supreme Court by A r t i f i c i a l I n t e l l i g e n c e ( A I ) systems have beneficial owners 16 lawyers (from both sides) in the

PUCL BULLETIN, AUGUST 2018 9 course of the final hearing can be Jabalpur case was authored by the India, Chandak Sengoopta reveals found here. The first verdict in this evil personified. how biometric identification case was pronounced on 24 Justice Chandrachud observed: technique was fine-tuned by August, 2017 by a 9-Judge “When histories of nations are Bengal Police. Eugenics and Constitution Bench. The 5-Judge written and critiqued, there are slavery has long been abandoned, Bench comprises of Chief Justice judicial decisions at the forefront of the scientific claims of biometrics Dipak Misra and Justices A.K. Sikri, liberty. Yet others have to be too have been found to be A . M . K h a n w i l k a r , D . Y. consigned to the archives, dubious by reputed official Chandrachud and Ashok Bhushan. reflective of what was, but should institutions. Biometric UID/Aadhaar The 9-Judge Bench comprised of never have been.” In order to project assumes every resident of Chief Justice Jagdish Singh compare this highly questionable India to be a suspect. The K h e h a r a n d J u s t i c e s J . verdict of Chief Justice A.N. Ray proponents of UIDAI's project are Chelameswar, S.A. Bobde, R.K. and Justices M. Hameedullah Beg, treating residents and citizens Agrawal, Rohinton Fali Nariman, Y.V. Chandrachud and P.N. worse than prisoners who are Abhay Manohar Sapre, D.Y. Bhagwati, drawing from Siddhartha regulated by Identification of Chandrachud, Sanjay Kishan Kaul Mukherjee's The Gene: An Intimate Prisoners Act, 1920, an Act to and S. Abdul Nazeer. History, Justice Chandrachud a u t h o r i z e t h e t a k i n g o f As part of his joint order in the right recalled that the decisions like the measurements including finger- t o p r i v a c y, J u s t i c e D . Y. one of the US Supreme Court in impressions and foot-point Chandrachud dwelt on the flawed Buck v Bell ranks amongst those impressions- and photographs of verdict of the four judges of which should never been delivered. convicts and others. It a sister Act of S u p r e m e C o u r t ' s 5 - J u d g e In the Buck v Bell case of 1927, Prisons Act, 1894. Constitution Bench in ADM Justice Oliver Wendel Holmes Jr. UIDAI's paper titled Analytics - Jabalpur v Shivakant Shukla opined that: “three generations of Empowering Operations states, the delivered on the black day of 28 imbeciles is enough” and accepted “Data can be considered as the April, 1976. The submission of the the forcible sterilization of Carrie equivalent of water. There are a detenues in the Court was that the Bucks as part of a programme of number of processes involved suspension of the remedy to s t a t e s p o n s o r e d e u g e n i c before the actual consumption of enforce Article 21 does not sterilization. Bucks's abdomen was water and data. The journey begins automatically entail suspension of opened. A section of both fallopian with data, like water, being the right or the rule of law and that tubes of her was removed by John generated at multiple sources. even during an emergency the rule Bell, the doctor. He tied the ends of These are then brought together of law could not be suspended. A the tubes, and sutured them shut. into one central location”. The majority of four judges of this Court With this the chain of heredity was simile of water flow for data flow (Justice H R Khanna dissenting) broken when this first case was reveals the sensitivity of the held that: “Liberty is confined and operated under the law which controller and owner of the grids- controlled by law, whether common presumed that imbecility can be be it water grid, power grid or data law or statute. It is in the words of inherited. Holmes wrote, “The grid. There are economic and Burke a regulated freedom. It is not principle that sustains compulsory military forces at work that seem to an abstract or absolute freedom. vaccination is broad enough to seek centralization of every The safeguard of liberty is in the cover cutting the Fallopian tubes” conceivable resource unmindful of good sense of the people and in the under the influence of junk science its cognitive consequences and system of representative and called Eugenics which was civilizational cost. Despite colonial responsible government which has promoted because American and experience, the far reaching been evolved. If extraordinary European White people were ramifications of such free flow of powers are given, they are given worried about the contamination of human data in one direction because the emergency is their gene pool if interracial remains to be fathomed in its extraordinary, and are limited to the marriages and marriages with entirety. The fact remains one of the period of the emergency.” Justice A f r i c a n s l a v e s a n d W h i t e key factors for colonization was Chandrachud has held: “The immigrants is allowed. information asymmetry between judgments rendered by all the four British colonial power had suspect the occupiers and the occupied, judges constituting the majority in identification offices in Egypt and between the conqueror and the ADM Jabalpur are seriously flawed. India after the development of vanquished and the money Life and personal liberty are biometric identification by Sir lenders, bankers and their clients. inalienable to human existence.” Francis Galton, an English The second verdict in the The fact is that it was not just eugenicist (who supported slavery) UID/Aadhaar case is significant seriously flawed; it was profoundly that compiled data of suspects. In after the verdict on right to privacy immoral, unpardonable, sinful and the book Imprint of Raj: How in the context of 360 degree monstrous. The verdict in ADM Fingerprinting was born in Colonial surveillance of citizens and their

PUCL BULLETIN, AUGUST 2018 10 activities. As per Privacy Bill, 2011, remaining faceless. The Finance Since the 1998 WTO Ministerial "surveillance as covertly following a Bill, 2018 which has been passed Conference when Members person or watching a person, and awaits President's assent has adopted a temporary moratorium of placing secret listening or filming changed the definition of what not imposing customs duties on devices near him, or using constitutes a foreign company. electronic transmissions, this informants to obtain personal While the original Foreign Currency moratorium has been renewed at information about him". This Bill Regulation Act of 1976 defined a the WTO Ministerial Conferences. has been referred to in the privacy foreign company as one with over Global trade remains open and verdict. 50 per cent foreign ownership, closed for strategic reasons. It is The provisions of Aadhaar Act must thereby disallowing the companies increasingly evident that trade in be read with the provisions of owned by foreign nationals or services and non-agricultural `Collection of Statistics Act, 2008' Indian-origin people based abroad products is going to acquire which defines “informant" in and with foreign citizenship, to fund electronic route in near future in a Section 2(c). Informant can be any and influence political parties in dramatic manner. “There will also person, who supplies or is required India, the amendment moved in be financial losses when investors, to supply statistical information and 2016 via the Finance Act sought to rather than establishing local includes an owner or occupier or change what it meant to be a presence, prefer to provide person in-charge or his authorised foreign company altogether. If services online. Countries will representative in respect of these amendments are read with experience losses from taxation persons or a firm registered under t h e e - c o m m e r c e r e l a t e d foregone”. It emerges that WTO's the Indian Partnership Act, 1932 or legislations including Aadhaar Act, Work Programme of 1998 is linked a Co-operative Society registered it is apparent that UID/Aadhaar to India's e-commerce and privacy under any Co-operative Societies project is a subset of universal related legislations like Aadhaar Act or a company registered under project which entails rewriting the Act, IT Act, Collection of Statistics the Companies Act or a society political geography of the country Act and Consumer Protection Bill. registered under the Societies forever. As per Consumer Protection Bill, Registration Act, 1860 or any Given the fact that Aadhaar Act is 2018 e-commerce means “buying association recognised or one of the two e-commerce laws, it or selling of goods or services registered under any law for the is germane to recollect that at the including digital products over time being in force. Unlike the 1953 11th Ministerial meeting of the World digital or electronic network”. version of the same law, the Trade Organisation (WTO) which Aadhaar Act defines “service”. `Collection of Statistics Act, 2008' concluded in December, 2017, Service means any provision, provides for collection of data from India submitted a written position facility, utility or any other “economic, demographic, scientific on e-commerce opposing demand assistance provided in any form to and environmental aspects.” The for negotiations on e-commerce by an individual or a group of Collection of Statistics Act, 2008 US and its allies. The latter are individuals and includes such other m a k e s i t c o m p u l s o r y f o r demanding access to citizens' services as may be notified by the individuals, households and database for free as per their Central Government. This implies companies to share information written submission. The WTO has a that “service” can be impregnated required by government through 1998 Work Programme on e- with more meaning than it currently data collectors which it has hired on commerce. This Work Programme has. In the light of submissions in contract. If one fails to do so, then provides for the discussion of trade- World Trade Organisation (WTO), it one will have to face a maximum related issues relating to e- is increasingly becoming apparent penalty of Rs 1,000 in case of commerce to take place in the that “goods” can be made to mean individuals and Rs 5,000 for relevant WTO bodies like the “services”. companies. Council for Trade in Services; the C o n s t i t u t i o n B e n c h o n This makes individuals and Council for Trade in Goods; the UID/Aadhaar matter is all set to households totally devoid of even Council for TRIPS; and the deliver its verdict amidst the an iota of privacy; ironically, C o m m i t t e e f o r Tr a d e a n d possibility of civilian and non- donations to political parties from Development. civilian military applications of UID foreign and Indian companies have In recent times, proposals are being bulldozed by commercial been made anonymous by the being pushed by some developed entities in order to store and read amendments of 2017 and 2018 in countries to negotiate new rules in biometric and DNA script of present the Companies Act, 2013 through addition to the existing ones in the and future Indian citizens in the the Finance Act of 2017. As per WTO Agreements with regard to e- aftermath of the sequencing of amendment in Companies Act, commerce amidst vehement Human Genome for epigenetics, 2013 made through Finance Act opposition by many developing vested interest of pharmaceutical 2017, companies can make countries including India because it industry, big data entities, social unlimited donations to parties while goes beyond the 1998 mandate. control technology companies and

PUCL BULLETIN, AUGUST 2018 11 inhuman aspects of inheritance, exchanging atoms, not bits. Bits collection and capturing of citizens' eugenics and genetic determinism. form the basis of cyber world. He sensitive personal information like The cumulative effect of these predicts that “Like a mothball, biometric data by corporate and efforts has the potential to make which goes from solid to gas transnational entities, which can digital colonization full proof directly, I expect the nation-state to potentially be sold or marketed, through data colonization in what is evaporate without first going into a eventually paves way for the being called the Fourth Revolution gooey, inoperative mess, before enslavement of generations to by the World Economic Forum some global cyber state commands come through Aadhaar database which has also launched a Global the cyber ether. Without question, that lies in `cloud' beyond Indian Redesign Initiative to make nation the role of the nation-state will jurisdiction. This create a states appear like medieval change dramatically and there will compelling logic to factor in the residues or redundant. The verdict be no room for nationalism than findings of Julian Assange and on Aadhaar Act, the e-commerce there is for small pox”. Arguments Edward Snowden who have put law will come in a backdrop of of Negroponte and Kissinger imply their lives at risk to tell Indian Henry Kissinger's observations in that national law is beginning to government, Indians and others his book World Order: Reflections become irrelevant for cyber world that they are being spied upon by on the Character of Nations and the given the fact that cyber law is foreign governments, banks and Course of History wherein he essentially global law. t r a n s n a t i o n a l s u r v e i l l a n c e claims that “Cyberspace has This creates the possibility of the technology companies. Unless colonized the physical space and, country getting colonized yet again judges factor in the ungovernability at least in major urban centres, is by the asymmetry of information of these technologies and their beginning to merge with it.” It is not created through information, beneficial owners, present and a coincidence that all the communication, identification, AI future Presidents, Prime Ministers, proponents and supporters of and surveillance technologies judges, legislators and officials UID/Aadhaar are city folks. because it is now realized that all handling sensitive assignments Meanwhile, in a seemingly related empires have been information and may increasingly find themselves development India's National communication based regimes. b e c o m i n g r e d u n d a n t w i t h Council of Applied Economic Notably, it has been accepted that reference to their age old roles for Research (NCAER), University of Aadhaar number data is entered in securing “national resources and Maryland and University of various applications. In order to assets” in the national interest. Michigan have established a enter quality data of Aadhaar If jurimetrics is not a wise and National Data Innovation Centre numbers, UIDAI felt the need to certain way of decision making in ( N D I C ) f o r e n h a n c i n g validate the entered Aadhaar legal disputes, if eugenics is now a methodological research on data number. Therefore, “UIDAI has discredited science, how can AI collection techniques. The main recommended Verhoeff algorithm and biometrics be deemed sane in objective of NDIC is to serve as a for validating the same. Based on the matters of life and death of laboratory for experiments in data the same, component has been present and future generation of collection, interfacing with partners developed to validate the Aadhaar Indians. Galton advocated three in think tanks, Indian and number entered in an application.” things: slavery, eugenics and international universities, and AI based machine learning biometrics. Two of his beliefs have government. algorithms, in which computers been debunked; the Constitution The core issue is: how do concerns learn through trial and error has Bench has the choice of joining the emerging from data nationalism been deemed to be a new form of ranks of Eugenicists like him, and resource nationalism get "alchemy" by AI researchers who Justice Holmes, Doctor Bell and the reconciled when Union of India admittedly “do not know why some bench of ADM Jabalpur to promote collaborates with foreign entities algorithms work and others don't, biometrics or to declare Aadhaar whose national interest may not nor do they have rigorous criteria Act as a black Act. necessarily converge with India's for choosing one AI architecture *Dr Gopal Krishna, the author had supreme national interest. over another”. This assumes appeared before the Parliamentary Deliberations in WTO on e- significance given the fact that Standing Committee on Finance that commerce issues have already examined the Aadhaar Bill and the Rakesh Dwivedi, UIDAI's lawyer Parliamentary Standing Committee on revealed that there is no has admitted in the Court that Food, Consumer Affairs and Public convergence in the national “ U I D A I i s u s i n g m a t c h i n g Distribution that examined the interests of these countries and algorithm.” Consumer Protection Bill. He is editor India. Countries like USA, UK, China, of www.toxicswatch.org and is the Prof Nicholas Negroponte, author Australia and France have rejected convener of Citizens Forum for Civil of Being Digital has already b i o m e t r i c p r o f i l i n g b a s e d Liberties which have been working on explained how world trade has identification projects like Aadhaar. UID/Aadhaar issue since 2010. q t r a d i t i o n a l l y c o n s i s t e d o f However, Aadhaar which enables

PUCL BULLETIN, AUGUST 2018 12 PUCL National Council Meeting held on 18th & 19th November, 2017 at Gandhi Peace Foundation, Delhi: Minutes of Meeting and Decisions & Resolutions Made in the National Council Meeting 1. Scope of Civil Liberties and p r o s e c u t e d , e s t a b l i s h e d support the narrative of the state; Human Rights institutions being delegitimized, the tribal situation is grim and In Brief: A spirited discussion took dissolved and diluted – in short to needs highlighting. place based on the paper circulated set up a dictatorial regime to which Fr. Jose spoke about the corruption by Ravikiranji on whether the scope people do not oppose. The greatest of judiciary in the highest levels and of PUCL's activities will go beyond danger is when general society need to counter this as judiciary has the narrow definition of civil liberties supports dictatorship of the ruling a key role to play. as basic human rights alone but will party. PUCL has the onerous task Others who spoke included: also cover other social, political, of both (a) protesting incidents and Ramshray Prasadji highlighted economic and cultural rights protecting victims but also to (b) rights violations issues in issues, as elaborated in the work to influencing public opinion Jharkhand, TSS Mani spoke of Directive Principles of State Policy against such tendencies. ideological corruption as a key and different UN documents. Kavita spoke about the total attack danger to address, Rajendra about People who spoke during the on democracy and threat to human the All India Farmer's Assembly in discussion: Prabhakarji, Pancholiji, rights using the context of Delhi being ignored by the central TSS Mani, Arun Kumarji, Sanjayji, Rajasthan; the continued assault government, the problem of Kavita Srivastava. on democratic institutions, control Devadasis and the large proportion Conclusion: In our understanding over sites of protest, using the of undertrials and convicts in the term Civil Liberties and Human slogan of `natitonalism' and sub- Prisons across India being Dalits Rights are co-terminus and nationalism whenever it suits them and Muslims. recognizes the interdependent as during the controversy over the Darshana spoke about the nature of civil, political, economic, film `Padmavat'. largescale issue of migration which social and cultural rights and the Sudha spoke of repression of saw mass movement of labourers fact that the promotion, protection journalists, especially in states like from across states all across India and expansion of human rights is Chhattisgarh where numerous and rising anti-outside violence in essential to the functioning of journalists were being targeted, many states. A key issue she democracy and democratic way of arrested, creating terror and fear highlighted was the problems in life. unless they toe the official line. The Assam with the NPR and how the 2. Current Crisis in Democracy new trend was to target and attack law was being used to alienate Summary: The discussion was lawyers who defend victims of Bengali speaking Muslims and kicked off by Prabhakarji who rights violations, as for example the Dalits. This issue is growing and highlighted a key difference arrest of a lawyer and arrest under PUCL needed to have a clear between the regime of Indira the dreaded CSPA law for having position and plan to address the Gandhi and the current Modi / NDA charge sheets of cases in which problems. The other issue she government. While during the Maoists were the alleged accused! highlighted was of opposing the Emergency period, people could She stressed the important role that deportation of Rohingya Muslims. see through the injustice and anti- PUCL should play as creating a Darshana agreed to circulate a democratic acts of a repressive platform and being a larger Concept Note on the (a) Issue of government which openly crushed umbrella of organizations at the Stateless Persons and Refugees in dissent, used brute police force state and national level to support India and (b) Migration issues so against opponents and created a local groups in their fight for justice that a separate meeting could be climate of fear, they did not make an and human rights. organized on this issue. a t t e m p t t o i n s t i t u t i o n a l i s e A n a n d K i s h o r e s p o k e t o Decided: The various issues dictatorship and make it acceptable widespread state repression on highlighted required to be collated to people. In sharp contrast, there is farmers movements and ignoring and categorized and discussed an undeclared Emergency farmers' issues as for example in elaborately in the next meetings prevailing today where the TN, Rajasthan. inside PUCL A 3-day workshop repression is not only hidden but Kailash Meena spoke of corruption should be held in May-June, 2018 media used to get sanction of key in mining industry and violence on covering these issues, with concept sections of civil society. History is villagers who oppose destructive notes being circulated in advance being distorted, media and social mining projects, inadequacy of and with special speakers invited to media used to push a certain type judiciary, need to coordinate anti- present overviews to enrich of ideology, tacit approval is given mining campaigns in different discussions. to extreme violence of non-state states etc. The following members said they players belonging to majority F r. S o l o m o n s p o k e a b o u t will help evolve concept notes to community who are never significant section of society start discussions:

PUCL BULLETIN, AUGUST 2018 13 Sudha would work on labour rights; how the work with very poor and suggestion and Ravikiranji's Darshana on citizenship, migration marginalized Dalit children, running remarks that the Report will be and refugee laws; Rajendra will of tuition centres run by auto drivers prepared by Suresh and circulated coordinate on Dalit, farmer's and and local leaders all led to the to all NC members to elicit their r e l a t e d i s s u e s . K a v i t a o n creation of Dalit consciousness response, incorporating all the majoritarian violence and also which opposed targeting of comments made in response to the mining issues. Sarfarazz and Bihar minorities and violent attacks on draft report presented, including friends on issues of natural t h e m b y m e m b e r s o f t h e those of Prabhakarji and others disasters, floods, cyclones, majoritarian ideology. who opined against the report. A drought. Decision: It was decided to form a final version of the Report will be The following key decisions Committee of Ravikiran Jain, prepared incorporating the were made: Ramkumar, Kavita and Sanjeev to c o m m e n t s r e c e i v e d f r o m 1. On the theme of `Crisis of decide on the appropriate course of members. Democracy' workshops will be action that pUCL should undertake 5. Politics of Lynching held in every state, at district to safeguard Chandrasekar whose Neelabh Mishra, former Secretary levels and culminating at state life was under threat and other dalit of PUCL Bihar and Editor in Chief of level. leaders in UP. National Herald and a veteran 2. Prabhakarji volunteered to Separately Vasantha, wife of jailed journalist spoke to the members write a Basic Note to be Prof. Saibaba, also addressed about the politics of lynching and circulated to all states to start members about the precarious the importance of PUCL to study the discussion and to be a health situation of Prof. Saibaba this properly and decide on an template for discussion. who was being kept in near solitary appropriate course of action to 3. Workshop on Human Rights to confinement in the Anda Central counter the divisive politics of the be held in Bengaluru in May- Prison in Nagpur. Medicines were right wing, Hindu majority right June, 2018 to be hosted by not being given, he was deprived of forces. Karnataka PUCL. Suresh to blankets and sweaters and 6. Miscellaneous anchor this in coordination with numerous other problems were T h e f o l l o w i n g d e c i s i o n s / Rajendra and Darshana of created. resolutions were passed: Bengalury PUCL. Decision: It was decided that PUCL (a) Raising salaries of Babita Garg 4. Coming out with booklets to should issue a statement and and Ashok Kumar, National educate people about the undertake a campaign demanding Office staff; essential unjustness of release of Prof. Saibaba from (b) Sending 3-member team of draconian laws like NSA, prison. Arjun Sheoran will write a Pancholiji, Sanjayji and Sudha Criminal Law Amendment Act, basic note in consultation with to UP State unit to settle UAPA, sedition laws etc. Sudha and Kavita and circulate for internal organizational issues. 3. Discussion on Prof. Saibaba's finalization and planning of the type detention in Nagpur Central of campaign to be undertaken by (c) Separately it was clarified that Prison and of Chandrasekhar PUCL. the former State unit of AP was Azad of Bhim Army Bharat Ekta 4. Kashmir FFT Report not dissolved but that after Mission A lengthy and fractious discussion bifurcation of the undivided Two representatives of the support followed the presentation by state into states of Telangana group to the Bhim Army Bharat Ekta Ramdas Rao of the Report of the and AP, the earlier state unit Mission addressed the members FFT which visited Kashmir in ceased to exist; consequently the issues underlying the arrest and October, 2016. The Report of this new units would need to be s o l i t a r y c o n f i n e m e n t o f discussion and decision made is formed there with Ad Hoc Chandrasekhar the founder of the prepared separately. committee. Bhim Army by the UP Police, about Decided: Accepting Fr. Jose's Prepared by V. Suresh, General Secretary, PUCL National q Preliminary Fact-Finding Report of Women's Groups into the Incident of Gang Rape of 5 Adivasi Women in Khunti & Continuing Repression in Ghaghra and Neighbouring Villages in Khunti & Araki Districts of Jharkhand Following up on media reports of Jharkhand to investigate into the narrative available to the public was the gang rape of 5 adivasi women in incident. The fact-finding was held that of the administration, and the Kochang, Araki block, Khunti over 3 days, from 28 June to 30 media did not carry information district while holding street plays on June, in and around Khunti, from independent and alternative anti-trafficking, WSS constituted a Kochang, Ranchi and neighbouring sources. During the fact-finding, fact-finding team comprising areas, to gather further information the team met with several persons women's groups from different on the incident and subsequent and institutions related to the states and local activists from developments, as the only incident and with information on the

PUCL BULLETIN, AUGUST 2018 14 case. The team also attempted to of the 5 survivors (those who Father Alphonse, two other meet with the 5 survivors, currently were in the NGO's troupe) for persons have been arrested by under the custody of the Khunti their preliminary medical the police. The police claim that police., but was not granted examination, and on 21 June, a these two accused have further access. Though we did seek board was constituted as per identified 3 others as co- appointments to meet with the law for the medico-legal accused, who they claim are district collector and S.P., they did examination of all 5 survivors.. leaders of the Pathalgarhi not meet us. It is not known how, and from movement. On asking whether Through the course of the fact- whom, the police first received the identity of all 5 identified finding, several facts have information of the offence. As accused and their claims have emerged which throw into question per our inquiries, the thana first been verified by the 5 the narrative of the police. received information of the survivors, we were told that Facts emerging from the fact- offence directly from the SP only the SP office will respond finding office. to all queries about the 1. The incident of gang rape 3. The FIRs identify Father incident. a g a i n s t t h e 5 w o m e n A l p h o n s e a n d ' o t h e r 6. On 26 June, the police claimed performing street plays on anti- u n i d e n t i f i e d p e r s o n s / to have raided Ghaghra village trafficking occurred on 19 June pathalgarhi supporters' as the in order to arrest these three 2018 in Kochang village, Araki accused. However, there is other named suspects in the block. The street plays were a videographic evidence of the gang-rape who are also collaboration between, a home incident. One week after the 'leaders' of the pathalgarhi for rescued women, managed incident, the police released movement. On this day, b y t h e R C M i s s i o n i n the photo of one of the accused residents of Ghaghra and Jharkhand, and a troupe from the same video, who is some from neighbouring belonging to an NGO. Out of well known by the locals and villages were holding a Gram the 5 survivors (all adults) , two journalists as Baji Samant, who Sabha meeting on the issue of were those who had been is not a pathalgarhi supporter pathalgarhi, and we received under the care and protection but a resident of a different no confirmation of the of the organization affiliated village, Sarai-kela. all other presence of any of these 3 with the mission, and 3 sources we spoke to including named suspects at the belonged to the troupe of the those form near by villages meeting. The police force, NGO. In the first FIR lodged by said that the 4 men who came initially comprising only the head of the NGO, he on bikes (the suspects) were adivasipersonnel, but later also alleges that the Sisters not from the area. joined by more force, the DC , accompanying the troupe from 4. While it is being projected in the SP and others, attempted to the RC Mission pressured the media that Father Alphonse stop the Gram Sabha meeting, t r o u p e o n h o l d i n g t h e was arrested for not doing after which there was an performance in Kochang. enough to prevent the incident, altercation between the people However, as per information and for failing to report the case and the police. It was during gathered from several other to the police, in the FIR he is this process that the women sources, by 19 June, the troupe accused of a range of very residents chased the police to had already completed their grave offences, most of which the house of Karia Munda, and planned 16 performances in are non-bailable. Offences brought back three deployed the district, and it was on the included in the FIR lodged at guards with them. persistence of the head of the Mahila thana by one of the 7. On 27 June, a 1000-member NGO that the others reluctantly survivors on 21 June include: strong force of CRPF, RAF, agreed to also hold another wrongful restraint, wrongful JAF and personnel from other performance in Kochang, as he confinement, voluntarily units raided Ghaghra (a village said he had already made causing hurt, disrobing, gang with a population of around announcements far and wide. rape, kidnapping, kidnapping 300) and neighbouring 7 2. The incident occurred on 19 with intent to wrongfully confine villages. Out of these 7 June 2018, but two FIRs were and conspiracy. Offences in the villages, pathalgarhi had only filed on the incident, one at the other FIR lodged by the head of been declared in 3 or 4 villages. Khunti PS and the other at the the NGO also on 21 June Out of the 2 villages where Khunti Mahila PS, only on 21 include: wrongful restraint, pathalgarhi had been initiated, June 2018. As per our inquires, w r o n g f u l c o n f i n e m e n t , the security forces unleashed we believe that the police had voluntarily causing hurt, brutal violence in the form of already received information of causing hurt by means of beatings and atrocities on men, the offence at least as early as p o i s o n , k i d n a p p i n g , women and children, lathi- 20 June. On 20 June itself, the kidnapping with intent to charge, tear-gassing and police had called one of the two wrongfully confine, criminal rubber pellet shootings, and Sisters who were also a part of intimidation, hiding evidence also raided the homes of the the troupe for questioning, and and conspiracy. residents. One person died in later in the night, had brought 2 5. As per our inquiries, apart from the lathi-charge, a minor girl

PUCL BULLETIN, AUGUST 2018 15 suffered fracture, and between police? Also, if Yusuf Purti has 2 ) T h e l e g a l p r o c e e d i n g s 150-300 persons, including not been named by any of the subsequent to the incident are women in substantial numbers, arrested accused or the shrouded in doubt, as these are were arrested. After the raids, survivors, then why is the based entirely on the questionable residents of all 8 villages have police projecting him and other narrative proposed by the police fled to the forest and nearby P a t h a l g a r h i l e a d e r s / and Jharkhand administration, areas out of fear and terror. The supporters as the rape w i t h o u t a n y a v e n u e s f o r security forces continue to accused in their proceedings independent verification and camp outside the villages even and the media? corroboration. This, combined with after the so-called abducted 6. Why are the girls still under the the subsequent repression by guards returned safely on 29 custody of the police? Why are security forces has created a reign June. The fact-finding team they not being allowed to meet of terror for the residents of Khunti attempted to also enter or speak to anyone (except the and neighbouring areas, further Ghaghra village for inquiries, NCW team)? u n d e r m i n i n g c h a n c e s o f but were refused access by the 7. Who is head of the NGO which independent verification. heavy numbers of security was a part of the troupe and 3) In the name of pursuing personnel deployed outside who has filed the first FIR? unidentified suspects, the police the village, and the roads were Where has he disappeared has artificially linked those blocked with armed vehicles. after filing the FIR on the associated with the pathalgarhi The investigations of the Fact- incident with the police? Is he movement with the gang rape, and Finding team raise the following also under the custody of the h a s u n l e a s h e d t a r g e t e d questions: police? persecution, harassment and 1. How and when did the police C o n c l u s i o n s o f t h e arrests on them. There is sufficient first get information of the investigations into the incident evidence to suggest that the 4 incident? Why was an FIR not by the fact-finding team: bikers who committed the crime filed immediately but only 2 1) The Jharkhand police and were not localites. One of those days later? administration are maintaining from the video has been identified 2. Why were two of the survivors utmost secrecy in the actions and as Baji Samant, resident of taken for a surreptitious proceedings subsequent to the neighbouring Sarai-Kela. Yet, medical examination on the incident. As of now all information instead of pursuing these night of 20 June, followed by a about the incident, the statement of identifiable accused, the police, full medical examination of all the survivors and the witnesses is with the support of security 5 survivors on 21 June? coming form only one source – The personnel, is targeting pathalgarhi 3. When there was video SP office. On the pretext of keeping leaders as the prime suspects in recording of the incident, why the 5 survivors in the protective the case. was the FIR filed against custody of the police, they have not 4) The targeting of the mission and 'unidentified' persons? Why been allowed to meet or speak with mission run organization- It has did the police not pursue the anyone, including their families and been projected that the Father of accused, Baji Samant, other care-givers, except the NCW the mission in Kochang has been identified in the video, despite team. The organizations to which arrested for not doing enough to being aware of his name and they belong have also been not stop the incident, or for failing to address? While it storms into allowed to speak with press or any report when he had knowledge of unconnected villages of the one else. The staff of that the incident. The NCW is now pathalgarhi movement under organization has also been ordered projecting the whole incident as the pretext of arresting the to stay within the organization being pre-planed. The charges rapists. premises and are not allowed to against Father Alphonse in the FIR 4. Why did the police raid the admit visitors or speak to anyone. are of a much more serious degree, Gram Sabha meeting in We also found out that the families carrying offences of gang-rape, Ghaghra where the pathalgari of these women have not been wrongful restraint, conspiracy, event was ongoing on the informed by the police about the among a range of others. pretext of arresting the incident. In the whole incident, their 5) The role of the media in the entire accused, when they knew that voice (who are all adults, some of process has also been suspicious, the accused belonged to who are married and have children) with local and national newspapers another area, Sarai-Kela? is completely missing. There has and media channels widely 5. Why have the police not been no statement from them, their misreporting on the incident, based verified the identity of the 2 families or friends. At the same on false and distorted facts. The persons arrested thus far by time, the quick escalation of police media has concertedly cast the survivors? Also, why have action in the days after the incident adivasis, pathalgarhi supporters the police not verified the has focused entirely on a campaign a n d t h e C h u r c h / M i s s i o n identity of three suspects to tarnish pathalgarhi movements organisations in a negative light in being pursued by the police by and leaders, with the result that t h e a b s e n c e o f v e r i f i a b l e the survivors, but instead only investigations into the gang-rape information. The press was also by the two suspects who are and safety of the survivors have present in large numbers in the already in the custody of the assumed secondary importance. security camp prior to and during

PUCL BULLETIN, AUGUST 2018 16 the raids on 27 June in Ghaghra, crackdown that caused the death of survivors from the control of the and was relaying the police version one person and many sustained Khunti police and some alternative directly from the frontlines. grave injuries. We also demand the safe arrangement be made for For these reasons, the fact- withdrawl of all security personnel them, taking into consideration finding team demands: currently camped outside Ghaghra their own choice. In the present The institution of an independent and neighbouring villages. situation it is evident that they have inquiry into the incident, through a All the safety of the women not been given that choice and high-level committee, comprising survivors is very important, their have been forced into this retired Judges, lawyers and own agency too has to be kept in protective custody by the police. women's rights activists mind. It is not clear whether they Some of the women have children The police Investigation of this have asked for protective custody and it is very possible that they may incident should not be conducted or was it a decision taken by the want to return to their families or the under the influence of the Khunti police?. To a large extent it seems organization that they were living administration or police, it should like the latter. Keeping them in. be carried out by an independent cloistered and under the complete Rinchin, Radhika and Puja, from agency. control of Khunti police can not Women against Sexual Violence and An inquiry should be carried out not allow for a fair inquiry. State Repression and Sexual only of the incident of the alleged The team also demands that the Repression (WSS), www.wssnet.org; Contact: gang rape , but also of the state government ensure the [email protected]. q aftermath , in which the police immediate removal of the 5

Tamil Nadu PUCL: Press Release: 04.07.2018 In Tamil Nadu nowadays the voices the people have constitutional and many cases, from 15 upto 45, have of the peoples for their rights are legal rights the government is been registered. In addition, some being crushed by iron fists. Afraid trampling human rights. The sections of the people are being that the people having tasted Peoples Union of Civil Liberties threatened to depose as favorable victory in the Jallikattu protests will strongly condemns the use of the witnesses. Peoples Union of Civil be encouraged to take up protests police by the government as its tool Liberties firmly deplores such against the State, the TN for repression. actions. Along with the 13 government has resorted to severe Raising voices against the Thoothukudi killings, 7 persons repression in order to instill fear government in public meetings have been foisted with anti national amongst the people and prevent leads to arrests. Distributing cases and many have been jailed. them from fighting for their rights. In pamphlets expressing dissent The list of extra-judicial actions t h e p r o t e s t s a g a i n s t t h e against the government policies is keeps increasing. Apart from these h y d r o c a r b o n p r o j e c t s a t met with arrests. Persons going in individuals such as Valarmathi, Kathiramangalam and Neduvasal support to public protests are Vanchinathan, Mansur Ali Khan, the TN government let loose the branded without evidence as anti- Piyush Manush, Mugilan and police to repress the people. nationals and terrorists. Travelling activists belonging to organizations Despite this the continued protests to different places and speaking such as Peoples Power (Makkal against NEET and demands for the against the government is made Adhigaram), Communist Parties, Cauvery Water Management out to be a grave mistake. The Tamil Nationalists are being A u t h o r i t y f r i g h t e n e d t h e police acting in this arrogant targeted by the police and government and urged by the fashion against the basic repressed. Most of the arrests are corporate power caused it to constitutional rights of the peoples against the guidelines given by the unleash repression in a most is to be denounced. In the same Supreme Court in the well known ghoulish manner against its own manner, in Tamil Nadu permission `D.K. Basu case' while arresting people in Thoothukudi. Now the is being routinely denied to social individuals. Many rules are being Government has started to crush and civil groups for their public broken in the arrests that are being the protests erupting against the meetings or protests. Having to made. eight lane super highway between seek judicial intervention for Social activists are being treated Salem and Chennai. holding every such event indicates like murder convicts by the police in Almost daily, in a callous manner the extent to which the democratic Tamil Nadu. Not only in Tamil Nadu and without listening to the voices spaces have shrunk. For example, but in India an Indian citizen has the of the peoples, the government just recently eighteen people, right to go anywhere and protest. through the police is willy-nilly including six women, have been Peoples Union of Civil Liberties arresting and foisting false cases arrested and put in jail simply warns that this denial of basic rights on people. There exists in Tamil b e c a u s e t h e y d i s t r i b u t e d by the government will lead to a civil Nadu an undeclared Emergency pamphlets criticizing government war in Tamil Nadu. It is not with the government fearing policies. acceptable that the government democratic expressions of the Moreover, in the Thoothukudi repeatedly takes up growth and people. Not willing to accept that protests on more than 250 persons development projects that not only

PUCL BULLETIN, AUGUST 2018 17 ignores the plight of the farmers but persons jailed for protesting functioning of the government in its harms them whilst favoring only the against the government projects anti democratic ways and turning corporates. PUCL stoutly censures and also releases them. PUCL also the nation into a police state will the Tamil Nadu government calls upon the government to listen endanger the independence of the functioning like an anti people and give importance to the opinion nation. government. PUCL demands that of the people so that projects are R. Murali, President; Gana. Kurinji, the Tamil Nadu government undertaken with the true consent of General Secretary – Tamil Nadu revokes all cases against the the people. The continued PUCL q

Gujarat PUCL: Memorandum to H.E. the President To, in our country. educated and well informed The President of India, The 'mobs' are creating havoc consensus. The obligation should Rashtrapati Bhavan, New Delhi. under different pretexts and taking be shared by the fourth estate i.e. law in their own hands, whether in Media also. Honourable Sir, the name of Cow slaughter, fear It is the call of the hour to say 'NO' to A meeting of concerned citizens of th psychosis of child trafficking gangs the factory of fake information in the Gujarat met on Thursday, 19 July or because of the difference in form of Whatsapp, Facebook, 2018 in Ahmedabad under the opinions. There seems total Twitter and other social media. auspices of Movement for Secular absence of 'Rule of Law' or It is also the call of the hour for the Democracy (M.S.D.). The meeting 'Government' in the entire country. common citizens of the country to was chaired by eminent journalist, When the common people are say 'NO' to the overt and covert activist and convenor of M.S.D. toiling under severe price rise, involvement of the ruling party in Shri Prakashbhai N. Shah. A i n c r e a s i n g u n e m p l o y m e n t , such 'Mobocracy'. resolution on recent attack on Shri difficulty in access to basic facilities It is also imperative on the civil Swami Agnivesh and rise in like education and health, etc. society to stay vigilant so that this 'Mobocracy' in the country was these 'Mobocracy' is adding to their 'Mobocracy' do not creep deep into passed in the meeting. The woes. our social life and become the order resolution is as follows: It is shocking that when on one side of the day. Resolution: Stop this Typhoon of The Supreme Court of India is We the citizens of Ahmedabad- 'Mobocracy' warning the Central Government Gujarat condemn such 'Savagery” We the citizens of Ahmedabad- over this mobocracy, on the other of 'Mobocracy'; the overt and covert Gujarat severely condemn the side, simultaneously, a 'Saffron' involvement of the ruling party and attack by Mobocracy on Shri mob attacks Swami Agnivesh in demand stringent exemplary Swami Agnivesh. Jharkhand! punishment to the culprits. The concern of the common In democracy, it is the responsibility Prakash N. Shah, Gautam citizens is growing over rise in of the ruling class to create Thaker, Dwarikanath Rath from 'Mobocracy' instead of Democracy awareness and atmosphere for Gujarat PUCL q

Gujarat PUCL: Press Note on Anti-Emergency Day with two Resolutions: 26-06-2018 Let us identify and confront 'Undeclared Emergency'! A period of 43 years has elapsed clamped emergency on the basis of violence. In the names of 'Cow since 'Emergency' was clamped on articles of the constitution whereas Slaughter' and 'Love Jehaad' 25th June 1975. A meeting under the present rulers, instead of anybody, at any time could be the auspices of PUCL (Gujarat) and subsisting on the path of killed. To-day, the economy has MSD was convened under the constitution, are trying to survive in gained supremacy over the people. chairmanship of senior journalist, power not by constitution but by Govt. is encashing full benefit of Prakash N. Shah. In this meeting taking recourse to other routes. that. It seems that people of India two resolutions namely “On 43rd Presently, a distinctly different has become weak or lethargic. It Year of Emergency, black night has game plan is being played. All the appears as though elections could become even gloomier! People structures of our constitution are be won by using nexus of four should remain awake to defend sought to be intangibly squeezed elements like money, muscles, d e m o c r a t i c v a l u e s a n d and sucked. Co-workers or the Madira (liquor) and media. constitutional rights” and “Freedom colleagues as well as subordinates Dr. Rohit Shukla had expressed the of Expression” were unanimously are cowed down and confined view that to-day's reference is of passed. under the charge or control, by entirely different type. We should While addressing this meeting, threats and trepidation. Presently, not lose sight of our aim or the f o r m e r C h i e f M i n i s t e r , the Govt. is capable to create a object in our statement by linking Sureshchandra Mehata informed scenario, as suits its will and the old emergency with the that present rulers are cleverer than pleasure. When needed, it gives 'Undeclared Emergency'. In the Indira Gandhi. The latter had free hand to those indulging into guise of so-called development,

PUCL BULLETIN, AUGUST 2018 18 people are being befooled. On the Convener of MSD, apprising about presided over the meeting, had told one hand the Govt. is projecting or the current situation asserted that t h a t w h i l e t a l k i n g a b o u t portraying dreams of 'bullet train' politics of hatred is being resorted “Nationalism”, the ruling party is and presenting rosy or grand to and differences of class, creed talking about discovery of a 'Peace picture of Delhi – Mumbai corridor and race are being created. Town' like Lavasa. Those boasting and on the other hand, irregularities Because of all this, there is a great about Congress-free or Congress- and corruption have become discontent or distress among the less India, have become Congress- rampant. While the issues of people. laden. Even to-day we are fighting education and health have In the Resolution presented by for Self-Rule (Swaraaj). We shall degenerated into monstrosity, it is Lalubha Chauhan and Minakshi have to be awake, by constant essential to keep a watch on the Joshi, emphasis was laid on confrontation and without being serious situation, in place of Freedom of Expression. Increasing dismayed, for retaining our blaming that Indira Gandhi had danger to the mass media and freedom. We should persist in our “done this or done that”. journalists has become a matter of fight for 'self-rule' (Swaraaj). While moving the resolution, concern. Gautam Thaker, Gautam Thaker, General Secretary Prakash N. Shah, Chairman of General Secretary, of PUCL and Dwarika Nath Rath, PUCL and a senior journalist, who PUCL Gujarat 25th June 2018 Resolution No. 1 On the 43rd year of Emergency, it Awakened people of the State preserving and promoting the has become even more darker could not tolerate infringement of human rights. Any voice of dissent today people should remain awake c i v i l l i b e r t i e s , a t t a c k o n is being repressed in the name of to defend democratic values and fundamental rights and freedom of treason or sedition. Arbitrary, anti- constitutional rights! thoughts, speech and press. people, dictatorial approach is For the first time, an assault was Against that under the leadership of distressful to the pro-democratic made on democratic system of the Jay Prakash Narayan there arose a people. country on 25th June 1975. When whirlwind throughout the country. Even after passage of 70 years, our hardly a period of 25 years had This challenge and resistance democracy appears to be elapsed since India became became the golden page in the smothered and strangulated. republic, considered as the largest country's history. In the year 1977, Gobbling canvassing though social democracy there were violations of people secured second freedom media, attacks on print, audio- human rights, liberty, freedom of also. visual media – “Godi Media” is a speech, freedom of expression was Today in the year 2018 'Undeclared matter of deep concern. In this strangulated and press censorship Emergency' has been clamped all situation, there is a strong need on was effected. As a matter of fact throughout the country as a the part of concerned citizens to get while the Govt. had adopted shadow of that emergency. Rights united together by overlooking their e r r o n e o u s a n d u n r e a l i s t i c of the citizens are being snatched class, creed and racial differences economic policy, it ultimately away under the guise of “Patriotism to defend liberty, self-esteem, resulted into severe shortages of a n d c u l t u r a l n a t i o n a l i t y ” . d e m o c r a t i c v a l u e s a n d articles and inflation. Even attacks Everywhere, freedom of speech, constitutional rights. were made on the judiciary. writing and expression are being There is a dire need to impart Because of all these reasons and banned. Vacuum has been created education of democracy to our due to anti-corruption agitation on the economic front because of illiterate masses, awakening and launched across the country the Demonetization and imposition of uniting them in a non-partisan way. then Govt. brandished 'armament GST. Systematic efforts are being Resolution proposed by Gautam of emergency' and detained and made to harass the activists who Thaker, PUCL; Resolution seconded imprisoned political leaders, are struggling for defending, by Dwarika Nath Rath, MSD including innocent citizens. Resolution No. 2 Freedom of Expression While a period of 43 years has increasing. Last year, we witnessed atmosphere of fear and terror elapsed since internal emergency vindictive actions against NDTV p r e v a i l i n g i n t h e c o u n t r y was clamped in the year 1975 in our channel, threats posed to Ravish e v e r y w h e r e a r e t h e s t a r k country, a meeting held at Kumar, murder of journalist Su. Shri examples. This meeting strongly Ahmedabad by the PUCL, MSD Gauri Lankesh right at her condemns the incidents of killings and other N.G.Os, Activists, Bangalore based residence and in and attacks. intellectuals and the concerned that especially murders of fearless Any society, country, civilization or citizens had realized that perils and impartial editor of “Rising comity aiming to achieve progress against freedom of expression and Kashmir” together with two of his shall have need for understanding, especially against mass media, defence personnel recently on 14th co-operation and co-existence. It is media persons – journalists etc. are June in the broad day light and very much essential to know and

PUCL BULLETIN, AUGUST 2018 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 August, 2018 at New Delhi PSO Date of Pub.: 27-28 July, 2018 evaluate controversy, dialogue or steps and to forestall the the realism. We ought to prepare deteriorating situation. g r o u n d f o r o u r l i b e r t y , Resolution proposed by Lalubha resourcefulness and progress such Chauhan, MSD; Resolution seconded by that we may also accept co- Meenakshi Joshi, All India Mahila e x i s t e n c e o t h e r s a n d g e t Sanskrit Sangathan. appropriate opportunities for their Meeting held on 24-06-2018 survival and happiness, and if the organized under the auspices of media persons, journalists create PUCL and M.S.D. under the ground realities then only chairmanship of Senior Journalist intellectuals can formulate Prakash N. Shah unanimously reformative and pro-progressive passed the resolutions. This remedies and can achieve success meeting was addressed by former in surmounting undesirable Chief Minister, Sureshchandra Founder : Jaya Prakash Narayan tendencies, merely self-interest Mehta, Dr. Rohitbhai Shukla, driven approaches and in their Gautam Thaker, Dwarika Nath President : Ravi Kiran Jain appropriate transformation. Rath, Meenakshi Joshi, Lalubha General Secretary : V. Suresh This meeting appeals to the C h a u h a n , M . U m a r Vo r a , Treasurer : Surendra Kumar political authorities – rulers to take I k r a m b h a i , R a j a n i D a v e , Vice-Presidents : Binayak Sen, q immediate, effective and impartial Bhupendra Patel, etc. G. Saraswathi (Ms.), N.D. Pancholi, P.B. D’sa, Radhakant Saxena, Sanjay Parikh. PUCL Announces the Publication of the Compilation of Secretaries : Kavita Srivastava (Ms.), Judgements of the Supreme Court in PILs filed by the PUCL Rohit Prajapati, Sudha Bharadwaj (Ms.), Vandana Misra (Ms.), YJ Rajendra Taking Human Rights Forward Organising Secretaries : Ajay T.G., Arjun Sheoran, Nishat Hussain (Ms.). People's Union For Civil Liberties (PUCL) Judgments Editor : V. Suresh Editorial Board : Sanjay Parikh, Ms. Kavita Srivastava, Ms. Sudha Bhardwaj, Ms. Daisy Narain (Prof.) Assistance : Babita Garg

V. Suresh, General Secretary, PUCL, on behalf of People's Union for Civil Liberties; Printed at: Royal Offset, 489, Patparganj Indl. Area, Delhi-92; Published at: 270-A, Patpar Ganj, Opp.Anand Lok Apartments, Mayur Vihar-I, Delhi 110091; Editor: V. Suresh.

Contribution Rs. 295/- per copy (plus postage extra) Copies may be obtained from the following address: PUCL National office, 332, Ground Floor, Patpar Ganj, Opp. Anand Lok Appartments(Gate No.2) Mayur Vihar-I, Delhi - 110 091 Tel.: 011- 22750014

PUCL BULLETIN, AUGUST 2018 20