Vol. XXXIX, No. 1 ISSN-0970-8693 JANUARY 2019 Rs. 20

Presidential address for the National Council Meeting on 24-25th November 2018 at GPF, Delhi: Presidential address for NC Meeting at Responding to Danger to Indian Democracy GPF, Delhi: Responding to Danger to Ravi Kiran Jain* Indian Democracy - Ravi Kiran Jain (1) This meeting of the National Council is being held in extremely a grim situation. This situation is an inevitable result of Modi's election campaign and then his rule after coming into power in 2014. The 2014 elections were GS Report for NC Meeting for the year based on emotive communal divide which had literally dumped the basic 2016-18 (3); Bihar PUCL Report presented issues into the dustbin of electoral politics and Modi's communal divide plank became a determinant of success of his election. The new political scenario in NC Meeting (6); Delhi PUCL Report (8); has certainly brought the atmosphere of communal hatred and grave fear in PUCL TN & Puducherry Report of Activities the society as a result of which the fundamental questions like elimination of done during 2017-2018 (9); PUCL poverty, the distribution of national wealth, the assurance of social justice in Karnataka Report presented in NC Meeting civil society of our time are being brushed aside under the carpet. (11); Understanding PUCL - Prabhakar Recent years have witnessed systematic attacks on human right defenders Sinha (12); PUCL Punjab Reoprt (14); and fearless journalists, writers and rationalists. 2019 polls are going to be Editor's Note: The Hashimpura Massacres between democracy and authoritarian rule. of 1987: Justice Finally Delivered (15); Human Right Defenders and journalists are specially becoming the victims Hashimpura Conviction: Clinching of the policies of the Modi Government to silence any voice raising Evidence was Diary with Names of dissenting view against the misdeeds of his government. th rd 13 J.P.Memorial Lecture was delivered by Shri V.M.Tarkunde on 23 March Policemen on Riot Duty - Gaurav Vivek th Bhatnagar (15); Hashimpura Massacre 1993, (just after 3 and a half months of the demolition of Babri Masjid on 6 Case: Verdict by the Delhi High Court - December 1992). I deem it necessary to place the following quotes from that speech: Anubhav Pandey (17). “In the meantime, a graver and most serious danger to Indian democracy has appeared in the horizon. It is represented by the growing strength of the Bhartiya Janata Party and the power behind it – the R.S.S and the Sangh Parivar consisting of such organizations as the Akhil Bhartiya Vidyarthi Elected New Office Bearers for 2018-2020 Parishad, the Vishwa Hindu Parishad and the Bajrang Dal. They are giving (6); PUCL Total Members of All States (14); to the Indian people a heady mixture of aggressive Hindu communalism and PUCL Delhi: Campaign to Uphold the Right equally aggressive Hindu Nationalism. In that process they are promoting to Dissent, Defence & Organize animosity between Hindus and Muslims.” ------Demonstration (14). “As I will show later; the movement which is being fostered by these forces contains all the essential characteristics of Fascism”. Annual Subscription: PUCL Bulletin ------(w.e.f. January 01, 2017) INDIA “I am of the view that the communalist nationalism which is being propagated PUCL Members Rs. 200 by the BJP and Sangh Parivar represents a far greater danger to Indian Non-Members Rs. 240 Democracy than the personal authoritarian rule which Mrs. Indira Gandhi Libraries, Institutions Rs. 300 OVERSEAS and the Gandhi- Nehru family were likely to impose on the country”. PUCL Members US$50 ------Non-Members US$100 “Our difficulty arises from the fact that a theocratic State may possibly be Libraries, Institutions US$120 established in the country after the next elections and therefore it is necessary that besides a long-term program of a socio- cultural transformation, we must have a short term program which would prevent a communal party coming into power in the country in near future.” ------“There is indeed a great deal of similarity between the politics of BJP and that of Hitler's Nazi party. Hitler fostered a sense of pride among Germans on the

440

PUCL BULLETIN, JANUARY 2019 1 ground of their Aryan's race and be secularists for creating a joint 6th Dec 1992 giving Sangh Parivar a hatred for the Jews because the secular anti –communal platform. We way to claim to construct a “grand Jews diluted the ethnic purity of that cannot forget that the main reason temple” at the site of the demolished race. The BJP and the Sangh Parivar why the Babri Masjid was destroyed Masjid and gave a boost to the BJP to are striving to promote the pride of on 6th December 1992, was that the contest the 2014 elections based on Hindus in their Hinduism and to foster Central Government of the this issue. The 2014 election was hatred for Muslims. Secondly, the Congress-(I) did not want to take any contested by the BJP based upon N a z i s w e r e a g g r e s s i v e l y firm action against the so-called Kar Modi's communal divide plank. After Nationalistic and wanted Germany to Sewaks because it was reluctant to 3 years of the Modi government at the be the strongest and the greatest alienate Hindu votes. Anti- communal Centre, Yogi Adityanath, the Hindu nation in the world. The BJP and the secular fronts should, in my opinion Icon was installed as the Chief Sangh Parivar is also intensely be created by all the non- Minister of U.P. Of the 403 seats, the Nationalistic and although it cannot governmental organizations (NGOs) BJP secured a majority of 325 under the existing circumstances which believe in democracy and members in the U.P Legislative think in terms of India being the which are determined that India will Assembly. Yogi has the reputation of strongest country in the world, they never have an anti- humanist being a hardcore Hindu leader. His want it to be militarily a strong country theocratic state. Such anti elevation to the post of the U.P Chief so that it would dominate over the –communal secular fronts consisting Minister shows that Hindutva is neighbouring states. Recent events, of NGOs and other supporting sweeping the country. moreover, have demonstrated that, individuals should be formed in all In U.P there is an openly declared like the Nazis, the Sangh Parivar important cities and towns and they Encounter Raj. U.P Chief Minister have no regard for law and thus s h o u l d p r o p a g a t e a g a i n s t Yogi Adityanath has declared that “as believe that Might is Right. Although communalism and in favour of a criminals should leave U.P or there are, some obvious differences democratic and secular state. Such else…….. there are only two places between the Nazi movement and educative work can be carried out for them jail or……..as per available movement of Sangh Parivar, they through the publication of literature figures upto 14th Aug 2014, there have basically the same Fascist and through meetings, processions, have been 2351 shoot outs, killing 63 characteristics. exhibitions, street plays and other persons across 24 districts. The ------means of mass communication. actual numbers are many more. For “What We Can Do” There are ample reasons to believe the list of those killed it is obvious that “We must now turn to the steps which that such an anti-communal most of them were Muslims and people like us, democrats and movement can be developed on a Dalits. Draconian laws like UAPA, humanists, can take to meet the non-party basis and it can overcome NSA and 124-A IPC,(sedition) are danger of communal chauvinism the danger of communal chauvinism being used to implicate public which is being promoted by the BJP coming to power in the country”. intellectuals, writers, fearless and the Sangh Parivar. We must The situation as it existed when Shri journalists and Human Rights have both a long term and a short Tarkunde delivered the J.P. Memorial Activists and not against criminals/ term program. However, it is obvious Lecture 25 years ago, in March 1993 terrorists for whom these laws are that even a long term program has to was very different than what it is made. The criminals / terrorists who be commenced immediately and not today. The chain of events from 1993 should have been booked under to be postponed. In my opinion, the is relevant to see the difference these Draconian Laws are being long term program must be aimed at between the situation in 1993 and killed in Encounters. promoting the values of democracy today. In the 1996 Lok Sabha If U.P is deemed to be a “Rashtra and humanism in the broad masses elections, the BJP secured 161 seats ”then it can be safely said that it has of the people……….” and a non-Congress government virtually become a “Hindu Rashtra” (There is a lengthy note in the was formed which could not after Yogi Adityanath became its speech relating to the “long term complete its full term. In 1999 Chief Minister with a huge majority in program”in which there is a elections the BJP secured 182 seats the Assembly. suggestion of spreading the and with its allies in NDA it was able to In a recently published report democratic values of liberty, form government with Atal Bihari “Dismantling India - A Four year equality and fraternity among the Vajpayee as its Prime Minister. Report”“over the period 2015-2018”, broad masses of the people Thereafter from 2004 to 2014 there there is a note of Mathews Jacob in which should be carried out by was an UPA Government headed by which it has been mentioned that non-party activists working at the Dr. Manmohan Singh as Prime HRDA has documented over 300 grass root level and so on). Minister. During the UPA-II regime cases of attacks on HRDs across the Then about the “short term the Allahabad High Court verdict on country, and HRDs and members of program”, the quote is as follows: the Babri Masjid case came on 30th their families are facing threats to “Our short term program must be Sept 2010. After this judgment a their personal and physical directed to the objective of ensuring grave and serious danger to Indian securities. They are being profiled, that a party which wants to create a democracy appeared on the Horizon. harassed, intimidated, ill-treated and theocratic state in the country is not This verdict gave a legal shape to the subjected to hateful abuse in the elected in the next or subsequent political agenda of the Sangh Parivar media. They are arbitrarily arrested elections. It is not safe to depend “Mandir Wahin Banaenge” and had or detained and cases filed against upon political parties which claim to legitimized the Masjid demolition on them. Their offices raided and files

PUCL BULLETIN, JANUARY 2019 2 stolen and confiscated etc. that joint action may be decided in a posed by the divisive and fascist Now comparing the situation as it meeting in which all the aforesaid politics of the RSS and the BJP. We existed when Shri Tarkunde persons or the representatives of the may start the involvement of the state delivered the J.P. Memorial Lecture aforesaid organizations would be units by holding a meeting of State on 23rd March 1993 with the situation invited. The first meeting of all these Units representatives with the as it exists now in the light of the chain persons may be held at Rajghat or at m e m b e r s o f t h e E x e c u t i v e of events from 1993 till today as Jantar Mantar. About the long term Committee of the National PUCL. described above my suggestions are program I recall that we had launched The other two National level as follows: a three nationwide campaigns, campaigns namely a Nationwide There should be a joint action by 1. A nationwide campaign for campaign for securing the dignity of human rights organizations like securing the dignity of the individual in practice and a PUDR and CJP (led by Teesta individual in practice, meaningful and effective reform of Setalvad), HRDA [Human Rights 2. A campaign against great the criminal justice system have also Defenders Alert (India)], Mass threat posed by the divisive to continue. But as a short term and a Movements like NAPM, Citizens and fascist politics of the long term program as envisaged Shri groups and Anti-communal citizens RSS and BJP and V.M. Tarkunde we may concentrate fronts, eminent concerned citizens 3. A meaningful and effective on the second National Level like Romila Thapar, Harsh Mander, reform of the criminal justice campaign involving all state units Aruna Roy ,Ashok Vajpayee, Ram system namely a campaign against threat Puniyani, Gauhar Raza, Mathews The discussion to launch these three posed by the divisive and fascist Jacob, Justice A.P.Shah, Justice H campaigns at the National level by politics of the RSS and BJP at this Suresh, Justice B.G. Kolse Patil, involving all State Units was started moment. Justice P.B. Sawant, eminent in December 2014 at the Patna PUCL Having said all this, the following journalists like, P. Sainath, Medha Convention and it continued two campaigns which are on the Dikshit, Ravish Kumar, Punya thereafter till the National Executive agenda of this NC meeting will Prasoon Vajpayee, eminent scholar meeting at Jaipur in June 2017. c o n t i n u e o n t h e c o n c r e t e Apoorvanand and student leader Merely announcing that “All State suggestions which emerge out of the Kanhaiya Kumar. In the July 2017 Units across India” will be involved in debate in this meeting. issue of the PUCL Bulletin there is an the three National Level Campaigns, 1) Campaign for the release of open letter of 65 senior retired is not enough. We have to find a Sudha Bharadwaj and other officials from different Central mechanism by which the National Human Rights Defenders/ Services. All public authorities and PUCL can involve the State Units. Activists Constitutional bodies should take As a long term program to meet the 2) Campaign Demanding heed of the letter entitled “Retired “communal chauvinism which is Repeal of UAPA. Bureaucrats Warned of Growing being promoted by the BJP and the Authoritarianism, Majoritarianism”. Sangh Parivar” we may focus on the * Ravi Kiran Jain, National Those 65 Senior retired officers may second nationwide campaign namely President, PUCL & Senior also be asked to join. What should be a campaign against a great threat Advocate, Allhabad High Court. q

General Secretary Report for National Council Meeting on 24-24th November 2018 at GPF, Delhi: Report of the General Secretary for the years 2016-18 Friends and Colleagues, his quash petition is currently being vituperative and authoritarian state. This National Council meeting is heard by the Bombay High Court. This apart, the government has taking place at a very important Two other respected rights activists, shown that they care nothing about historical juncture in the history of Fr. Stan Swamy from Jharkhand respecting institutional integrity, rule both our organisation, as also our (also a PUCL member and PUCL of law principles and democratic country. The meeting is being held Jharkhand State Council member) norms by using all the instruments of when one of our colleagues and and Prof. Anand Teltumbde are also state power – the police, special N a t i o n a l S e c r e t a r y, S u d h a implicated, and not arrested till date establishments like the CBI, para Bharadwaj, has been falsely only because of their cases before military forces, enforcement implicated and arrested in the Bhima the Bombay High Court. agencies like the Enforcement Koregaon case of Pune, and is It is important to mention this, Directorate, Income Tax authorities currently incarcerated in Pune because this is the general climate of and others – to crush dissenting Central Prison for Women. Alongwith an all out attack on human rights voices and organisations, falsely Sudha, three of the four other rights defenders which has been launched implicate individuals and groups and defenders who were arrested on 28th by the BJP-led UPA Central creating a `Chilling Climate of Fear' August, 2018, Arun Fereira, Vernon G o v e r n m e n t a c r o s s I n d i a , by promising impunity to the police Gonsalves and Varavara Rao have characterised by the sheer and other forces, even when the also been arrested and are in prison, brazenness in violating all the openly and blatantly break all laws of while Gautam Navalakha is still to be established constitutional principles the land. No democratic institution - arrested thanks to an order of the safeguarding the citizens' rights be it the Election Commission, the Delhi High Court and also because against an oppressive, violent, CVC, the CBI, Income Tax

PUCL BULLETIN, JANUARY 2019 3 Department to name just a few – Police, Mr. SR Kalluri. While the that PUCL Rajasthan received from have not been subverted, corrupted team completed the visit and minority groups was apparent during and made to serve the ends of the interacted with the affected people to the meeting when speaker after ruling right wing, majoritarian get a first hand experience of their speaker spoke about the role played government. The Constitution exists, problems, the reaction of the police to by the Rajasthan state PUCL group in mainly on paper and only in name, the visit was harsh and arbitrary with giving them a sense of confidence with the judiciary too not being the state police picking up many of and security that despite State immune to the machinations of the the local leaders, threatening lawyers involvement in the violence Central Government, highlighted by working to defend rights of the locals unleashed on them, there remain the Public Press meeting of 4 of the from arbitrary arrests and false secular forces which will not remain senior most SC judges on 12th prosecutions. quiet and will stand up for the Indian January, 2018 talking about the During the entirety of the 2 years, C o n s t i t u t i o n , C o n s t i t u t i o n a l threat to the independence of the 2017 and 2018, has witnessed the principles and spirit and Rule of Law. judiciary. peaking of hate crimes and crimes of It needs to be pointed out that the It is in this context of an undeclared intolerance across India. The spectre violence by majoritarian forces Emergency which has swept across of lynchings became a matter of assisted, helped and colluded by India, that the human rights worry in northern states like State police forces, took place not movement has become the target of Rajasthan, Jharkhand, UP and other just against minorities but also the ire of the Central and many State states. Our PUCL Rajasthan State against Dalits and members of Governments, as they remain the last unit has played a key role in these two marginalised communities in amongst few democratic voices years in exposing the direct links different states. One of the states which continue to expose the threat between majoritarian forces, which witnessed major hate crimes, to democracy and human rights manifested through the violent lynchings and crimes against posed by a highly autocratic, actions of different groups, the minorities was in Jharkhand. Similar authoritarian, fascist government mainstream political organisations incidents have occurred in UP, that the Central Government has including the ruling BJP party and Haryana and other states too. become. So long as organisations RSS, and state agencies including Countering this remains a major like our own PUCL and other fraternal the police. The key role played by challenge before PUCL and other organisations like PUDR, CPDR, PUCL Rajasthan unit deserves rights organisations. APDR, and others remain active we appreciation and praise for they Amongst some of the notable remain a thorn in the flesh of the offered three key supports to the activities and reports of different ruling government, for despite our affected people: PUCL state units on communal small numbers we remain the voices (i) In the immediate context of violence is the PUCL Odisha report of conscience, the sentinels of hate crimes, lynchings, mob on the communal violence unleashed Constitutional rule, the defenders of attacks, mass false arrests of during Ram Navami procession in hallowed principles of `Rule of Law'. minority groups and people, Bhadrak town of Odisha in April, So long as the last amongst remain immediate support and help to 2017. Similarly, after the incident of free, till that time we continue to be a the victims, both by way of killing of about 9 Muslim prisoners threat to the agenda of turning India h e l p i n g a r r a n g i n g belonging to SIMI organisation in i n t o a m a j o r i t a r i a n s t a t e , humanitarian assistance, and Bhopal in early 2017, the newly unabashedly meant only to represent also by assisting victims and constituted PUCL group in MP and safeguard the interests of the s u r v i v o r s b y o f f e r i n g organised a Fact Finding visit in corporate sector, the economic and immediate protection through which members from different state social elite and the privileged media action, mobilising other units participated. While the Report classes. secular forces and groups; couldn't be brought out due to a Looking back at the last 2 years of the (ii) Offering and arranging legal variety of factors including that the present Term which started with the support and assistance to team members could not freely visit Raipur National Convention held victims and their families, in the victims in prison or the families of between 16th to 18th December, different ways – by way of affected persons, the reaching out to 2016 on the theme, “ the first ensuring proper complaints the affected victims and support portends of what awaited us became were registered, helping in extended to bring the true facts out apparent in a small and innocuous, context of arbitrary and illegal has been an important contribution. but in retrospect, a momentous event m a s s a r r e s t s a n d i n So much so that the local community that PUCL undertook the very next d e m a n d i n g p r o p e r has sought the support of PUCL to day after the Convention ended, investigation. help counter continuing state when on 19th December, 2016, a (iii) Very importantly, in the form violence both in courts and outside. team of PUCL National and State of documentation of these This will be followed up in the coming office bearers and others visited events. months. some of the affected villages in the During the PUCL National Executive Apart from communal violence Bastar area of Chhattisgarh affected Meeting held in Jaipur in July, 2017, different State units have launched by brutal terrorism and lawlessness which was attended by Sacharji also, actions in the context of violence on launched by the Chhattisgarh state a meeting was organised with Dalits too. Notable is the PUCL police force under the direction of the leaders and prominent members of Karnataka report on the social notorious Inspector General of the minority community. The respect boycott of SCs in Hulavarthi village in

PUCL BULLETIN, JANUARY 2019 4 Mysore district, the starvation death Bharadwaj and other rights activists, energy and effort in the last few of SC persons in Gokarn in Campaign on the #METOO issue and years. The four committees, Karnataka, the PUCL TN Report on other issues. Very importantly, they especially on the following were very violence unleashed against have been able to form a broad important to broad base our A r u t h a t h i y a r c o m m u n i t y i n coalition of groups working to activities. Thottiyapatti village near Madurai, safeguard human rights. 1. Working to secure the the latest Report on the beheading of The Incomplete Task: A critical look at Dignity of the Individual. a 1 3 y e a r o l d S c h o o l g i r l , what we have not done. 2. Majoritarian Politics and Rajalakshmi, by a member of the I want to focus attention now on threat of fascism. dominant caste for rejecting his raising a fundamental question: How 3. Development Paradigm and sexual advances. More details will be effective are we as a human rights Environmental/ ecological provided in the Reports of the State body? How consistent are we in our problems units. work? Within the constraints of being 4. Draconian laws and failure Amongst the more important a body of concerned citizens who of criminal justice system. initiatives during this period has been volunteer time to PUCL's activities Somehow we have not been able to the publication of a book of important can we do better work? get our acts together despite having judgments of PILs filed by PUCL. Right at the outset, I should confess the experience to undertake the This apart PUCL has also filed an that when I look at my contribution as work of these committees, the important PIL in the Supreme Court GS, I have not been as effective or contacts and knowledge. These on encounters in UP. This is pending. consistent in my work during the issues are extremely important in PUCL has also filed impleading period of this term. Although I have a the coming years and cannot brook petitions in the SC in the Naga number of reasons, including health any delay. We should launch these Mother's Association case involving r e a s o n s a n d p e r s o n a l a n d Committees at least in the coming the issue of reservation of seats for professional difficulties, I feel that term, women in elections to local bodies in they are not sufficient to explain my Internship programmes for Nagaland. PUCL has also filed a PIL poor performance. Be that as it may, students & Youth: Mobilising in the SC on some key issues arising the challenges looming in front of us Young people: One issue of great from the passage of the Food are very serious and demanding. All importance is in attracting more Security Act. of us need to pull ourselves up and young people to participate in Some of our state units have taken up function more cohesively and PUCL's activities. Countrywide there issues on the intersection of socio- unitedly as a team; to use the limited is visible a slow upsurge of young economic and environmental rights resources we have to the best people who are not only wanting and human rights as for example in advantage; to plan our work better so change, but willing to be part of Gujarat where the state unit has that we can make a stronger impact. bringing in the change. Broadbasing brought out a number of reports on Again, a self-critical and honest our membership to bring in new the issue of economic plight of appraisal of our work as an young members is not just an farmers, starvation deaths, etc. organisation cannot but notice the imperative it is vital to the further PUCL TN also intervened in the patchy and inconsistent nature of our growth of PUCL as a human rights context of the police firing on anti- work. Apart from the exception of and civil liberties organisation. Very Sterlite protestors in Tuticorin some state units, many of our interestingly, students internship (Thoothukudi) in south TN leading to activities and interventions require programmes of PUCL Rajasthan and the death of about 15 unarmed more continuous and consistent Delhi have become very popular and people. They were protesting against engagement. As an organisation, we are in great demand. Scores of young the pollution causing Sterlite copper need to have a hard look at how we students have been gathering in plant which had caused major health can improve our functioning. Jaipur and Delhi, and have been hazards to people apart from Oftentimes too much initiative is engaged in very interesting work. I affecting environment and ecology in required of a few individuals who are have had occasion to interact with the area. left the difficult task of shouldering several such programmes and feel I am pleased to share with you that numerous responsibilities – from that this is an area which we need to the revival of the PUCL Maharashtra meeting victims of rights violations concentrate upon in the coming unit cannot have been at a better and their families, to conducting field years. time. After several years of dialogue studies to ascertain facts, to writing I cannot end this Report without with old members and new people r e p o r t s a n d m a i n t a i n i n g sharing the dire financial situation. As who wanted to join PUCL, the revival documentation, to coordinating with I speak today, we do not have money meeting was held in August, 2017 in other organisations. While not trying to pay even for one month's Mumbai of old, existing members as t o p a i n e v e r y t h i n g d a r k , I expenses. In the Allahabad National also those who wanted to join PUCL. nevertheless think we need to figure Council meeting in 2015, we had all An Ad Hoc Committee was formed out how to function better as a team. agreed that each of the bog state with Mihir Desai as Convenor. The Failure in launching the thematic units will give a sum of Rs. 50,000/- newly constituted Ad Hoc Committee Committees: An issue that I per year and the smaller units Rs. has been very active in the last year personally feel disappointed about is 25,000/- per year to help maintain the convening numerous meetings and about the failure to launching the National Office of PUCL. This money campaigns including the Campaign thematic Committees over which we has not been regularly forthcoming against the arrest of Sudha have spent considerable time, from the state units. This has resulted

PUCL BULLETIN, JANUARY 2019 5 in me writing urgent SOS letters organisation. much of our work has been seeking the assistance of our I conclude friends, by thanking Ravi streamlined and documentation members. Some months back in Kiranji for supporting me through this remains up to date and our Bulletin March or April, 2018 our balances 2 year period with his wise counsel comes out with regularity. were so precarious that I had to and words of encouragement. I also The coming months are going to be approach some friends of PUCL for thank the other office bearer very testing and challenging. But I support. We did raise money to get colleagues who always responded remain confident that we, as an through for some months. But now when I called them up to sound ideas organisation, will not only resolutely our situation has once again or needed their help or assistance. meet the challenges but also worsened. We look forward to all the One great experience has been the strengthen the human rights state units to help find a way to deal warmth and support of all our movement. with raising adequate financial colleagues in the state unit. Finally, Dr. V. Suresh, General Secretary, resources to take care of at least the thanks to the support of Babitaji and PUCL, 24th November, 2018 q minimal costs of running the Ashokji in the National Office, that Elected New Office-bearers, PUCL National for the 2018-2020 held in the NC Meeting at GPF on 25th November, 2018 President : Ravi Kiran Jain, (UP Unit) 3. Prof. YJ Rajendra (Karnataka Unit) General Secretary : V. Suresh (TN Unit) 4. Rohit Prajapati (Gujarat Unit) Treasurer : Surendra Kumar (Bihar Unit) 5. Prof. R. Murali (TN Unit) 6. S. Balamurugan (TN Unit) Vice–Presidents Organising Secretaries 1. Dr. Binayak Sen (Chhattisgarh Unit) 1. TG Ajay (Chhattisgarh Unit) 2. Prof. Daisy Narain (Bihar Unit) 2. Arjun Sheoran (Punjab & Haryana Unit) 3. Mihir Desai (Maharashtra Unit) 3. Arvind Avinash (Jharkhand Unit) 4. ND Pancholi (Delhi Unit) 4. Deepika (Karnataka Unit) 5. Sanjay Parikh (Delhi Unit) 5. Kailash Meena (Rajasthan Unit) 6. G. Saraswati (TN Unit) 6. Nishath Husain (Rajasthan Unit) Secretaries Returning Officer: Prof. Prabhakar Sinha, Former 1. Kavita Srivastava (Rajasthan Unit) President, PUCL q 2. Sudha Bharadwaj (Chhattisgarh Unit)

Report of PUCL Bihar State presented in the NCMeeting at GPF New Delhi on 24-25 November, 2018 Good morning Friends, I have the Scenario in Bihar: In Last one year, political storms in Bihar. pleasure of presenting the Bihar Report we have seen almost zero positive During Ramanvmi a particular 2018 at National Council before all the changes in lives of common people. political outfit openly brought council members of PUCL. Thank God this year we didn't face the tension in the society and created This occasion is very important problem of Flood but it was almost some administrative problems at because we have to discuss the crucial certain that had there been any many places in Bihar. changes and happenings in the situation of flood then we would have 2. Oppressions against Dalits and country. The forces that are against the seen spree of human disaster because Women – Every year Bihar PUCL freedom of people are getting stronger still government has shown no c o l l e c t s d a t a f r o m and stronger. There is no relief in sensitivity towards such problems. Newspapers.PUCL Bihar has miserable conditions of people n India. Similarly, the wrong policies of c o l l e c t e d ( f r o m v a r i o u s The anti democratic forces are building development and education has almost newspapers) data of Human Rights road blocks in the path of political brought a log jammed situation in the Violation of last one year. It was activism. We have seen how draconian progress of young generation and poor found that most cases are related to laws are being used to curb the strata of Bihar. Some of the issues are women and Dalits. More than 50% people's movements. Now, a new underlined in following manner – cases reported in News papers misnomer created by government 1. Feelings of communal hatred is were related to rape, sexual called Urban Naxals is being used as a increasing – This year several harassment, dowry death etc. ploy to captivate political activists in a cases of communal tensions were 3. Increase in Police Atrocities – In single go. Many of them are under reported. During Ramnavmi, Durga recent time we have seen a trend house arrest and facing the wrath of Pujaand Moharram tensions that police has shown no mercy in police and administration. erupted between two communities using its weapons in beating This is no doubt grave problem for our but Media very irresponsibly, people. Even they do not spare country. No doubts rights of common blacked out several important womenfolk. In an incident, in people are in grave danger. incidents which could have stirred Sitamarhi police went into the

PUCL BULLETIN, JANUARY 2019 6 houses of common people and 1. Seminar on Draconian Laws on cases remained unreported. A new started beating men and women 7.10.2018 at Gandhi Sangrahalay, trend is found that some sporadic members of the family. Similar Patna. It was conducted by Bihar outfits have been erupted in remote incidents were reported in PUCL. areas that are creating problems. Sasaram, Peero and Nawadah 2. A workshop was organised by Gaya These outfits are formed on caste also. unit in collaboration with Rashtriya and religious line. They enjoy all the 4. Violation of educational rights – Sewa Dal on Democracy and political support of ruling parties in There are no books for children to Constitution of India on 29.7.18. state and centre. study. Government has deposited Internship / Training: About 50 3. Increasing police atrocities: As it money in bank a/c of children to students completed their internship has been mentioned earlier that we purchase books but children are with the PUCL Bihar from May 2018 to have found cases where police unable to purchase books because July 2018. They worked on issues of enters inside homes without any books are not available in market. rights of Third Gender Rights, SCPCR, search warrant and beat severely This is a serious issue for the school Air Pollution, DK Basu Guidelines, Hate family members even women and going children of Bihar. speech by politicians etc. girls too have been subjected to 5. Menace of Flood – This aspect has C o r r e s p o n d e n c e : W e h a d such brutality. This dark and newly although not created problem this correspondence with SHRC describing emerged face of Police is a serious year but the loss of lives and the bizarre situation of non-availability problem to be faced by all the property in last year flood is still of books in govt. schools. Human Rights workers in coming harrowing us. No allowances or Advocacy/ Intervention: days in Bihar. support was available to the 1. PIL filed on the issue of Flood in 4. Dalits and women rights: PUCL affected families yet. The sensitivity Bihar in January 2018. believes that the rights of dalits and level of government is still very low. 2. PIL filed on the issue of non women are still in grave danger. The Enquiry Reports: availability of books in schools of rape, molestation, harassment and 1. Enquiry for fact finding on dated 12- Bihar. murder cases are rising. It is a social 12-2017 in the case of Communal Our Publication challenge. Even after so much Violence in Siwan where violence • Understanding PUCL spread of education and awareness b e t w e e n t w o c o m m u n i t i e s Tribute: in the society still we find that these occurred. . 1. Bihar PUCL pays homage to its communities are subjected to 2. Enquiry for fact finding in the case of former President of Bihar PUCL, cruelties. Communal Violence in Rosera, Mr. Vinay Kumar Kanth who died 5. Violation of educational rights: Samastipur. in December, 2017. There is a serious crisis of 3. Enquiry for fact finding in the case of 2. Bihar PUCL deeply condoles the education in Bihar. From Primary Communal Violence in Aurangabad sad demise of its Vice President education to higher education between two communities at the Mr. Ramashray Prasad Singh. everything is in shambles. In coming days all the students of time of Ramnavami. It was held on Total Membership 2018: Bihar will be forced to flee from 15 .4.2018. Patron : 03 4. Enquiry for fact finding in the case of Bihar in search of Education. Life : 114 Absence of books in government Communal Violence in Bhagalpur Annual : 590 where BJP leader Arjit Shashwat schools is height of insensitivity Total : 707 was involved. towards education in Bihar. Contemporary challenges in front of 5. In Bihta, Patna a SC boy was killed Strategies to improve the working of Bihar PUCL: The faces and in police custody in May 2018. PUCL dimensions of violations of human Patna team investigated it. Report 1. Identify some committed people at rights are changing. As we have is pending. the state, district level from mentioned earlier in this report, there 6. Sitamarhi unit conducted an enquiry different section like women, are some new faces of violations of youth, dalits, minorities etc. and in the incident of communal tension rights as well as traditional dimensions during Ramnavmi. The report was make them aware of the principles of human rights violations have and practices of PUCL and involve sent to BHRC deepened and have become more 7. A joint team of Muzaffarpur and them in organizational activities challenging. Some of the stark 2. Follow up of investigation reports Sitamarhi districts conducted an challenges are mentioned here below – enquiry on 31.10.2018 in the released by PUCL. 1. Flood in Bihar: Last year flood 3. We have to file some important incident of violence between two affected millions of people in Bihar. communities in Sitamarhi districts PILs on the issues encompassing Thankfully this year Flood did not democratic rights of large masses. on the occasion of Durga Puja. make any deadly impact. But PUCL 4. PUCL should conduct studies on Cognizance: has to fight tooth and nail to make different contemporary topics. – The BHRC took cognisance on government stand on its toes to 5. Conducting more and more Sitamarhi Report and ordered save lives of common people. seminars, workshops, campaigns district police to make an enquiry on 2. Political support to outfits and awareness programmes the incident. spreading communal hatred: In among common people and – IG Weaker section ordered an last one year many big and small youths enquiry in the case of Tinku Manjhi incidents have occurred in Bihar Thank you. who was killed in Police Custody in where two communities locked Bihta Patna horns with each other. In Siwan, Sarfaraz, General Secretary, Bihar q Seminars and Workshop: We Madhepura, Bhojpur and Nawadah PUCL organized seminar on: cases were reported and many

PUCL BULLETIN, JANUARY 2019 7 Delhi PUCL Report presented in the NC Meeting at GPF, Delhi on 24-25 November 2018 Delhi, being the hub of various Seema Azad to investigate the and N.D.Pancholi on Crackdown ongoing activities, provide the violence perpetrated on 26 on Right Activists at the Press opportunity to the collaborate, January 2018 at Kaganj against Club. It was also video graphed. participate and organize several the minority community and met • Interns at the Delhi PUCL also events. During the year 2016-18 the families of victims there. The joined Not in My Name Protest Delhi PUCL conducted the following report is yet to be completed. meetings organized on several activities: • Several intern students of Delhi dates. • Delhi PUCL observed Anti- PUCL attended the Sunil Kumar • Delhi PUCL also joined Delhi Emergency Day and organized Memorial Talk given by Shri University students and faculty public meetings with other civil Gopal Krishan Gandhi on against scrapping of UGC on liberty organizations on 26th June Gandhi's Reading List on Nov July 18, 2018. 2017 and also on 26th June 2018 20, 2018 at SSS Auditorium in • Students from Delhi PUCL wherein the book Flavours of JNU attended Seminar on Worker's Nationalism, a book by Nandita • Delhi PUCL organized meeting Rights and Living Wages Haksar was also released by late on 25th September at the organized by the Bandhua Mukti Shri Kuldip Nayar. Constitution Club on Ideals of Morcha on July 24, 2018. • On March 24th and 25th a seminar Kuldip Nayyar: Journalism of • With many activities going on in was organized in association Courage, Freedom Press and Delhi, the students of Delhi with the Citizens For Democracy Human Rights, in association PUCL also attended the at the Gandhi Peace Foundation with several organizations in Durgabai Deshmukh Memorial on 'Challenges Before the Indian memory of Shri Kuldip Nayar Lecture on 15th July on Human D e m o c r a c y ' w h i c h w a s where large number of activists, Insecurities in South Asia: inaugurated by Ashok Vajpayee, intellectuals and political leaders Challenging Market Injustice at eminent writer, and where participated. Meeting was also Deshmukh Auditorium, Delhi Seema Mustafa, the veteran video graphed. • Students(Interns) of Delhi PUCL journalist, delivered a key note • Delhi PUCL is coordinating with also attended a dialogue on address. o t h e r o r g a n i z a t i o n s o n Kashmir: Road Ahead in July • Delhi PUCL organized a mobilizing on State repression 2018 at IIC. ' Lawyer's March in collaboration against human rights defenders, • PUCL interns attended the w i t h o t h e r L a w y e r s ' repeal of UAPA and other laws. Launch of Report of 4 years of organizations in April 2016 • The interns of Delhi PUCL NDA Rule on July 14, 2018 at VP p r o t e s t i n g a g a i n s t t h e a t t e n d e d t h e R a s h t r i y a House and took part in misconduct and violent behavior Samajwadi Sammelan on May discussions. of some lawyers who attacked 17, 2018 at Mavlankar Hall. • Large number of PUCL interns Kanhiya Kumar and other JNU • PUCL interns attended a attended the meeting on students and lecturers at Patiala S e m i n a r o n ' S o b b i n g 'Activism, State Repression and House court premises. The Democracy, Growing Fascism' UAPA' organized by PUDR on March started from Supreme at India Islamic Culture Centre, July 13 at Urdu Ghar, Delhi Court and ended at Bar Council Lodhi Road Delhi organized by where Sudha Bhardwaj and of India office where a the Muslim Political Council of Gautam Navlakha Spoke. memorandum was presented India. • Students of Delhi PUCL also demanding action against guilty • A remembrance meeting was attended national conference on lawyers involved in violence at organized in memory of Justice Unravelling Regressive Anti- Patiala House court. Rajindar Sachar on 4th May people amendments to Land, • Delhi PUCL organized a 2018 at Constitutional Club in Forest, Environment Coastal Lawyer's March in collaboration c o l l a b o r a t i o n w i t h o t h e r and other laws organized by w i t h o t h e r L a w y e r s ' organizations where large Delhi Forum on July 9, 2018 at organizations on Kathua Rape n u m b e r o f a c t i v i s t s , GPF (J&K) case under the banner intellectualas and political • Delhi PUCL organized a meeting 'Lawyers For Democracy and leaders spoke and paid their collaboration with CFD on Threat Rule of Law' on April 16,2018 homage to Justice Sachar. to Democracy and Solutions on from Supreme Court to Bar Meeting was also video graphed. 7th and 8th July at Gandhi Peace Council of India and presented a • A Press Conference was Foundation. Memorandum to the Bar Council organized with PUDR on 30th • Delhi PUCL collaborated with demanding action against guilty August, 2018 at Press Club of Citizens For Democracy in lawyers in Jammu India which was addressed by organizing a Seminar on • Delhi PUCL team members, Arundhati Roy, Mr Prashant "Challenges before the Indian N.D.Pancholi, Sheoraj Singh Bhushan, Aruna Roy, Sanjay Democracy" on 24-25th March and Shalu Nigam joined the Parikh, Bezwada Wilson, Harish 2 0 1 8 a t G a n d h i P e a c e team alongwith K.K.Roy and Dhawan, Kalayani Menon Sen, Foundation, New Delhi.

PUCL BULLETIN, JANUARY 2019 8 • Delhi PUCL took the cause of Dastangoi. rights. Some of these have been some LLB students (some of • Delhi PUCL helped in filing a PIL published in the different issues them previous interns) who were against Indian Red Cross of the Radical Humanist denied migration to it by the Guru Society as there are allegations • Students have also been Gobind Singh IP University and of corruption and Delhi High conducting survey on situation of took a favorable order from the Court has issued notice in it. homelessness in Delhi and Delhi High Court on 23rd • Delhi PUCL is collaborating with related issues to get familiar with November, 2018 (yesterday). several lawyers organizations in the ground level socio-economic • On June 29, 2018 the students Delhi in organizing a Lawyers situation and violation of basic participated in the meeting on march to Parliament from human rights of common Political parties funding through Supreme Court on the slogan citizens. electoral bonds organized by 'Save Constitution' while will take • On Rohingya Muslims, Delhi CHRI. place on 26 Nov. 2018. PUCL has taken the stand that • C i t i z e n ' s c o n c l a v e w a s • Internship programme – More the government should provide organized on June 30th at than 500 students from law for relief and rehabilitation. Constitution Club Rafi Marg on colleges and law universities • A Biennial meeting of Delhi Safeguarding the Constitution across India have been provided PUCL was organized on where many interns of PUCL got internship training during the November 15, 2018 and it has the opportunity to interact and year 2016-18. The members of been decided that the focus will learn from the experts Delhi PUCL have been taking be laid more on organizational • Delhi PUCL participated in a regular classes to explain the issues as well as strengthening workshop on PIL drafting situation of human rights and the organization. It was decided organized by Spetrum on crisis within the country to these that executive committee would February 18 at Delhi University. students. Regular visits are also meet every fortnight and would • Delhi PUCL organized Dastaan organized to the courts, NHRC, take up relevant issues. e Sedition on January 20 at protests and meetings. These N.D.Pancholi, President, Sheoraj Gandhi Peace Foundation by the s t u d e n t s h a v e p r e p a r e d Singh, General Secretary, Delhi Dastaangoi where the episode research reports on various PUCL q on 'Sedition' was played by Team issues relating to law and human PUCL Tamil Nadu & Puducherry - Report of Activities done during 2017-2018 Kannabiran Memorial Lecture: Ali Khan, Piyush Manush, Mugilan • The way the Police unleashed Kannabiran Memorial Lecture a n d a c t i v i s t s b e l o n g i n g t o terror against the people of program was held at Tuticorin 17-12- organizations such as Peoples Thoothukudi on 22nd May and 17. Chennai High Court Advocate, Power (Makkal Adhigaram), after indicates that the ruling Mr. Sankara Subbu and Prof. C o m m u n i s t P a r t i e s , Ta m i l establishment is driven by fear Jeyaraman, Convener of Anti Hydro Nationalists are being targeted by the and thereby attempting to instill Carbon and Methane Project police and repressed. Most of the unreasonable counter fear on Movement, spoke on the challenges arrests are against the guidelines the civil society and blind before human rights activists today. given by the Supreme Court Justice subordination for its governance, Fact Finding Team visit to explore DK Basu on arresting individuals. thus obviating all democratic Thoothukudi (Tuticorin) Police Many rules are being broken in the norms. Firing: A state level FFT was formed arrests that are being made. • PUCL's fact finding report was to visit Tuticorin and visited on 28th • The police firing was totally extensive and findings and and 29th May 2018 within a week uncalled for and without any recommendations were well after the police firing on 22nd May significant provocation and was received by all. 2018 to gather first hand account of devoid of all norms. State Convention on 'Shrinking the events leading to the police firing • It appears that the police D e m o c r a t i c S p h e r e a n d and subsequent incidents. resorted to firing targeting to Increasing State Oppression': In the Thoothukudi protests, on more eliminate the leading persons Tamil Nadu, has turned itself an than 250 persons many cases, from who spearheaded the agitation. epitome of denial of fundamental 15 upto 45, have been registered. In Hence it is tantamount to cold rights enshrined in the constitution. addition, some sections of the people blooded murder/massacre. Ever since the historical Jallikattu are being threatened to depose as • In the wake of proclamation of struggle which unleashed the favorable witnesses. Peoples Union Prohibitory Order under Section democratic aspirations of the people of Civil Liberties firmly deplores such 144 of CrPC, instead of o f Ta m i l N a d u , t h e r u l i n g actions. Along with the 13 dispersing the assembly of establishment in Tamil Nadu has Thoothukudi killings, 7 persons have people wherever they gathered, been stifling each and every attempt been foisted with anti national cases it appears that the Police herded by political and social groups who and many have been jailed. The list of the crowd to the Collectorate, by express their right to dissent. Such extra-judicial actions kept increasing. design, and indulged in dissents are put down with iron hand, Apart from these individuals such as indiscriminate firing, which clamping inappropriate and Valarmathi, Vanchinathan, Mansur reminds us of Jallianwala Bagh draconian laws against the massacre. PUCL BULLETIN, JANUARY 2019 9 protestors, thus denying the conference. Murugan, Santhan, Robert Payas democratic aspirations of freedom to FFT visit to Thalavaipatti where and Jayakumar, are Sri Lankan a s s e m b l e a n d f r e e d o m o f 14year old dalit girl was beheaded: citizens. expression. Permission to hold A six member fact finding team Prisoners who have served the meetings, peaceful protests, visited Thalavaipatti village near Attur prescribed sentence of 20 years in processions and even distribution of Salem on 8th November 2018 to find Tamil Nadu must be considered for handbills and pasting of posters are the facts in connection with the reintegration into our society. Failure prima facie denied and the activists beheading of a 14 year old dalit girl to do so will only expose the are arrested and remanded to Ms. Rajalakshmi. One Dinesh belong problems within the prison system, custody, thus denying their to upper caste a 27-year-old man not in its inmates. Hence, PUCL has fundamental rights to assemble and after he beheaded a 14-year-old girl initiated a post card campaign express, as guaranteed in the and put her head on the middle of appealing to the Governor of Tamil constitution. It is only a sign of road in an inebriated condition on Nadu to release them on the basis of emerging Police State in Tamil Nadu. Monday. the recommendations made by the It is also an undeclared emergency Rajalakshmi (13), a resident of Government of T.N. under Article curtailing vital aspects of civil rights. Thalavaipatti, was a class VIII 161. To expose and explore the situation, student. Her neighbour Dinesh District Unit's Activities: In PUCL State PUCL has organized its two Kumar made sexual advance. On 8th district units, Greater Chennai, day State Convention on 27-28 Oct., Monday evening, when she K a n c h e e p u r a m , M a d u r a i , October 2018 at Chennai on the came to his home, he made an Coimbatore, Erode, Thoothukudi, theme “Shrinking Democratic attempt and she quickly came back Kanyakumari, Sivagangai and Sphere and Increasing State and told her mother. Dinesh barged Namakkal district, office bearers Oppression”. inside the home and pushed were elected in their respective 1. Former Chennai High Court Rajalakshmi's mother down and general body meetings. Judge Justice Hari Paranthaman killed Rajalakshmi using a type of All District Units have organized inaugurated the Conference with sword. He dragged the body out and various protest programmes and his speech on 'Preventive Acts chopped her head and put it on the meetings on critical issues. and Human Rights”. road. Coimbatore PUCL conducted protest 2. M s . U s h a R a m a n a t h a n , Circumstantial evidences show that programmes demanding the release Independent Law Researcher Dinesh's close relatives, his wife, of Sudha Bharadhwaj and others. It and writer from New Delhi spoke brother and brother in law would have has also conducted a protest dharna on “Judgment of Supreme Court known that the murder would happen demanding Government of Tamil and its impact on Aadhar'. as they were waiting in 2 two Nadu to intervene effectively in the 3. Mr. T. Velliyan, President of Tamil wheelers at walkable distance from case of honor killings took place at Nadu Vanigar Peravai delivered Rajalakshmi's house. Hence, PUCL Salem and Hosur. a talk on the attack on self reliant demanded alter the FIR to include Chennai PUCL unit has organized a economy of the state. their names too. PUCL also hall meeting to condemn the killing of 4. Prof. M. H. Jawahirullah, demanded NHRC, SHRC, National Gauri Lankesh. President, Humanist People Commission for Protection of Child A press meet has also been Party spoke on the Minority rights R i g h t s ( N C P C R ) , N a t i o n a l organized by Chennai PUCL to repressed by Government. Commission on Women to intervene express our dissent on the arrest of 5. Mr. Prince Gajendra Babu, effectively. Activists in connection with Bhima General Secretary, Platform for Post card campaign to release 7 Koregaon issue. General Education, presented life convicts in Rajiv Gandhi Madurai PUCL conducted three his views on How Educational assassination case: The Tamil separate hall meetings on topics Rights are snatched away. Nadu government had passed an such as Prison Deaths, Suicides of 6. T.M.N. Deepak, President of the Assembly Resolution recommending Farmers in Tamil Nadu and on Police D e c e mb e r 3 r d Mo ve me n t the release of all seven life convicts in firing at Tuticorin. explained how the rights of the the Rajiv Gandhi assassination case Madurai PUCL held a meeting on 14- disabled are being negated both which was thereafter sent formally to 12-17 on Repressive Laws and by state and society. Governor Banwarilal Purohit under Shrinking Democratic Spaces in 7. Com. P. Suganathi, State Article 161 of the Constitution. All the which Former Chennai High Court Secretary of AIDWA spoke on the seven convicts have served over 27 Judge Justice Hari Paranthaman 'Suppression of Women's years in prison. The decision, which spoke. Rights. was taken following a recent To mark the demise of Justice 8. Prof. V. J. Rajendira, President of Supreme Court order asking Sachar, condolence meetings were Karnataka PUCL delivered the authorities to decide on a writ petition held in Madurai, Erode, Chennai and Valedictory address. filed by one of the seven convicts, A G Coimbatore. 9. Besides the presentation of Perarivalan. Erode district unit has conducted a invited guest speakers, the Among the seven convicts who may hall meeting to condemn the arrest of members of state PUCL has also benefit from the Cabinet decision, Bhima Koregaon activists. delivered talks and discussions Perarivalan is from Jolarpettai in Besides these programmes, many were held. Vellore district, Nalini from Chennai press statements were issued from New state office bearers and National and Ravichandran from Madurai. The time to time, responding to various council members were elected in the others, including Nalini's husband issues. q

PUCL BULLETIN, JANUARY 2019 10 PUCL Karnataka presented in Delhi National Council meeting held on 24-25 November 2018: A Brief Report of Interventions 2016-18 - PUCL Karnataka Organizational matters: State Save Constitution Campaign Began brigades Bajarangis, Sriram Sene in Council constituted in August 2018 for a “For a Plural India” Save the name of cow slaughter, State Council meetings held: 6 Constitution campaign State of assaulting muslim & christian youths, State Executive Committee meetings Emergency Then & Now: a Video delay in issuing passport, police filing held – 7 documentary titled “Emergency – false cases, custodial deaths, illegal Total Membership : 209 Then and Now” produced by PUCL – detention of person arrested violating Dist units: 7 (1.Bangalore, 2.Mysore, K to promote wider interaction on the S u p r e m e C o u r t a n d N H R C 3.Chamarajnagar, 4.Tumkur, state of undeclared emergency in guidelines in Dakshina Kannada 5.Dakshina Kannada, 6.Shimoga India and protect democratic space district. 7.Koppal) was produced. More than 200 video Fact Finding report on one lakh B a c k g r o u n d o f m e m b e r s : documents were sold. Garment workers struggle against Academicians, Advocates, social, Major HR issues covered – 2016- NDA policy on payment of PF at environment, women & dalit activists, 18: Fact Finding was conducted on retirement and the situation leading Journalists, social activists, students, the murder of Kusuma daughter of to withdrawal of the order was teachers, researchers, farmers, Aremma devadasi in Halagera released by Bengaluru unit. Report nuclear scientists, writers, media village, Yadgiri district took place for published. persons, others refusing to become devadasi, a Complaint against practice of Orderly PUCL K State Council (2018-20): List complaint was registered with SHRC System in Police department: Series of Office Bearers elected: President - demanding action against culprit. of organized protests, interventions Prof. Y J Rajendra; Vice President: Participation in Una rally: Three and filing complaints against such Vittappa Gorantli & Rati Rao; members delegation consisting of Dr. practice was resulted in withdrawal of General Secretary: K Venkataraju; Laxminaraya, Dr. Rati Rao and such system officially. Treasurer: K B Obalesh; Organising Deepika participated in Una rally Murder of dalit boy brought to Secretaries: Kumara swamy – organized by Jignesh held in Gujarat book: The PUCL Koppal exposed Mysore; Nagamallappa - Chmaraj An interaction with Justice Rajindar Kanakagiri police Inspector attempt Nagar; Raghuveer DK dist, TR Sachar on HR issues in Bangalore, filing false FIR in respect of dalit boy K r i s h n a p p a - S h i v a m o g g a , Karnataka. Yallalinga, a native of kanakapura Yamanurappa – Koppal. PUCL interventions resulted in village as the case of suicide instead National Council members: Dr. V formation of Safaikaramchari of case of murder committed by Lakshminarayan – Mysore; Watchdog Committee Karnataka for upper caste politician Hanumesh Kishore Attavar – Dakshina prevention of practice of Manual Nayaka, a follower of district in Kannada; D S Doreswamy – Scavenging and assist them to avail charge minister. The timely Fact Chamarajnagar; Deepika – Tumkur; rehabilitation scheme as per MSR Finding intervention of PUCL and the Parijatha – Bengaluru; Mahathesh Act 2013 and filed 9 complaints with series of joint protests has resulted in Kotha Balu- Koppal. Safai Commission filing a fresh FIR against 9 persons PUCL State Convention, 20-21st April Conducted Fact Finding death of 13 associated with murder and arrested 2 0 1 8 : “ C o n s t i t u t i o n a n d manual scavengers and exposed 2 o f H a n u m e s h N a y a k a w h o Contemporary Development in India” incidents of manual scavenging committed murder and kept him in Conference themes: ensured wide spread awareness. jail. The District court, High Court & 1. Social Justice and dalits – Civil Panchayat Development officer Supreme Court refused to grant him society response suspended and GP President was bail and also others associated with 2. Communalism, terrorism and disqualified for assigning work. murder. All of them are in Jail and the Constitution Facilitated and promoted Vimuktha Minister was made to resign. 3. Human Rights and draconian Devadasi Mahila Vedhike: Vedhike PUCL Strengthening activities laws mobilized 8 crores worth schemes 1. Holding monthly meetings at dist 4. Democracy – Atrocities on f r o m g o v e r n m e n t . A n e w level w o m e n a n d P o l i t i c a l comprehensive law on Prevention 2. Convened 4 State council & 6 representation dedication of women as devadasis state EC meetings 5. Deprived communities and and their rehabilitation new draft bill 3. Invite and involve students, male Human Rights prepared with the help of NLSIU - & female youth, transgender 60 CSO representatives and Human Bangalore community in HR issues Rights activists participated in the Fact Finding on Seven cases of periodically & evolve programs convention atrocities on dalits, social boycott, around their issues. A Round Table Conference was assault, violence and rape cases 4. E n s u r e p a r t i c i p a t i o n o f organised on 31st October, 2018 in which took place and brought all Unorganized Sector Workers Bengaluru by a Collective of these into public domain in Tumkur, 5. Publish Quarterly Newsletter in Progressive Organisations. Justice Chitradurga, Gulbarga, Mysore, Kannada covering the HR H N N a g a m o h a n D a s , P r o f . Chamaraj nagar violations and the interventions Ravivarma Kumar and Dr. C.S. Series of complaints filed with HR 6. Organize protests against HR Dwarakanath spoke in the event in Commission, Police Complaint violations in collaboration with which activists and thinkers from Authority, Ministers, Chief Justice other progressive organizations. n u m e r o u s o r g a n i s a t i o n s against atrocities & murder 7. Organize and form collective participated. committed by police, and safforn devadasis in the state and

PUCL BULLETIN, JANUARY 2019 11 encourage them to demand deviations in the process 5. Campaign to prevent practice of comprehensive policy and law 3. Intervene in atrocities on dalit Manual Scavenging and practice HR issues chosen for 2018-20 women, children, sexual assault of dedication of women as 1. Interventions related to Food and rape, social boycott, devadasis. security issues denial BPL cards deliberate denial of benefits to 6. Widening democratic space for and filing complaints against dalits, etc. register cases against deepening democracy using denials culprits the documentary produced by 2. Campaign against closure of 4. Expose the atrocities on religious PUCL – K Government schools, seek minorities by police, VHP, 7. Interventions to protect the admission to private schools Bajarang Dal, Sriram Sene, etc Human rights of prisoners. under RTE & monitoring the and bring to books Thanks q Understanding PUCL Prabhakar Sinha P o s t i n d e p e n d e n c e r i g h t s thousands who were thrown into the m e m b e r s h i p c o m p r i s e d o f organisations are products of jail. Their detention immobilised them Gandhians, Sarvodayees, Socialists different contexts and situations. and instilled fear in the general members of the BJP, Naxals and They are naturally very in their aims public. those who had no political and objects, character and mode of There was a valuable lesson to learn /ideological commitment. But working. This, in no way, should from this experience. It was that if a everyone had to join it in his personal cause us to view them as superior or society has not internalised capacity. The diversity of the inferior. We are only different. Unlike democratic values, it would not feel membership helped in several ways. the political parties, rights outraged enough to stand for their Our message could reach a large organisations need not speak defence if they are suppressed. The number of people of the various against one another. The political second lesson strengthened by the organisations through their members parties have to do it because they experience of the emergency was in the PUCL. The diversity also compete for the same thing: power. that the people holding different to prevented partiality to any group or Thus, they have to explain to the antagonistic views could work party and branding of the PUCL as people why they should be preferred together for a common cause. Indira pro - anyone. With members holding t o t h e o t h e r s . T h e r i g h t s Gandhi had put behind the bars all antagonistic views, there was no organisations are not in a competition she considered her enemies. Thus, in question of the PUCL not maintaining for votes or public support. They do jails were together not only the equidistance from all. Its reputation strive for winning popular support but members of the opposition parties, as a non-aligned organisation was for the cause they espouse and not but also Sanghis, Jamate Islami, further protected from its rule that no for themselves. Anad Margis, students, university member of a political party could be The PUCL is a child of the and college teachers. They all shared its office bearer. emergency. The emergency was the common goal of fighting for Its aims and objects are based not on declared in June (25/26) 1975. The restoration of democracy. The incidents but issues i.e, the issues PUCL&DR (People's Union for Civil opposition also had only one goal at which may create and promote Liberties and Democratic Rights) the 1977 Parliamentary election: to democratic consciousness in the was founded by JP in October1976. end authoritarianim by throwing society leading to love for democratic The name itself suggests the wide Indira Gandhi out of power. The goal way of life. The incidents also receive range of its concern. Its primary aim could be achieved because all those attention in pursuance of this larger was not opposing incidents of who shared this goal joined hands goal. The first item in its aims and violations but to work for ending the disregarding their political and other objects is 'to uphold and promote by condition which emboldened the differences for the restoration of peaceful means civil liberties and state to suppress the civil liberties democratic rights and civil liberties. democratic way of life throughout and democratic rights of the people The PUCL constitution adopted at the India. 'The other items include the with impunity. This approach itself November 1980 Convention in Delhi issues which must be addressed to was the result of the shocking clearly bears the stamp of the achieve the goal of promoting experience of the emergency. Prior to experience of unity in diversity of the democratic way of life. It is the emergency, very strong emergency days,as it reflects the recognised that where the principle of movements were seen in Gujarat and realisation that democracy cannot be the inherent dignity of the individual is Bihar. The 1974 Bihar movement was saved without creating democratic denied there can be no democracy led by JP himself. A call from him consciousness and a love for and civil liberties. Equal inherent could inspire thousands and democratic way of life in the people. dignity of the individual is the very thousands to come out braving lathi Thus, the first mandate of the PUCL foundation of democracy.Its denial is charge and threat of detention under constitution is to bring together all the haulmark of a feudal system MISA. In view of this experience of who are committed to the defence masquerading as a democracy. An the fearlessness of the people, and promotion of civil liberties in the independent judiciary and free media especially the youth, a spontaneous country (i.e.India) regardless of their are indispensable condition for a popular uprising was expected political/ideological commitment. g e n u i n e d e m o c r a c y . T h e against the emergency; but to the Consequently, the door of the PUCL organisation is committed to work for shock of us all nothing happened. was kept wide open for all committed securing the rule of law because There was no stir except by a few to the cause of civil liberties. Its where there is no rule of law, the rule PUCL BULLETIN, JANUARY 2019 12 of the jungle i.e. the rule of might is enjoins us to pay special attention to irrespective of any differences they right is bound to prevail. Encouraging the violations of the civil liberties of may have in regard to political and freedom of thought and defending the weaker sections of the society economic institutions suitable for the right to dissent are core issues for the and women and children. country. PUCL. Some of the indispensable T o c o n c l u d e , t h e The aims and objects of the conditions for promoting and organisation was meant to cover a organisation will be: protecting democratic way of life and vast area to achieve its objective, but (a) To uphold and promote by civil liberties are freedom of the press for various reasons it could not be peaceful means civil and independence of the mass possible. If it had been done, the liberties and the democratic media like the radio and television. people would have identified with us way of life throughout India; An independent judiciary alone can and listened to us. The organization's (b) To secure recognition to the protect democratic right of the distinctive and distinguishing principle of dignity of the people, especially, those who raise f e a t u r e s w o u l d h a v e b e e n individual; the voice of dissent. recognised, and it would have been (c) To undertake a constant India has inherited the colonial laws difficult for the State to brand us review of penal laws and the and a colonial burearucracy, which anything other than what we are. criminal procedure with a understandably were unjust and However, it is never too late to focus view to bringing them in oppressive. The administrative on the aims and objects as enshrined harmony with humane and apparatus, which the independent in our constitution and make our liberal principles; and democratic India inherited, was contribution greater and more (d) To work for the withdrawal like a square peg in a round whole. valuable. and repeal of all repressive The police and the criminal justice Note: The PUCL has to make its laws including preventive system have been the principal membership more diverse as detention; enemies of the democratic rights and mandated in Art.2. Meanwhile while (e) To encourage freedom of civil liberties. The PUCL's aims and taking a decision it should be thought and defend the right objects include their reform. examined from different points of of public dissent; Repressive laws including the v i e w ( w h e t h e r m e m b e r s (f) To ensure the freedom of the preventive detention must be representing those points of view are press and independence of repealed. Inordinate delays, heavy present or not) within the bounds of mass media like radio and expenses that a common man the PUCL constitution.* television; cannot afford and the various * The framers of the constitution had (g) To secure the rule of law and inequities in the justice delivery an apprehension that someday i n d e p e n d e n c e o f t h e system must end. The misconduct of efforts may be made to retain the judiciary; the police is a common experience. A name of the PUCL while changing its (h) To make legal aid available few of them have been specifically aims and objects and making it a to the poor; mentioned. They are 'police excess', homogenous /crony organisation by (i) To make legal assistance 'use of third degree method, changing the criteria of membership. available for the defence of 'discrimination on the ground religion, To preempt the danger they made the civil liberties; race, caste, sex or place of birth. following provision in its constitution: (j) To work for the reform of the 'Those who have been in prison have 10. Amendments: The National judicial system so as to found that once one goes to the Council will be entitled by the vote of remove inordinate delays, prison he ceases to be treated as a a majority of its total membership to reduce heavy expenses, human being. The people from the alter any part of this constitution and eliminate inequities; mainstream parties detained in except the AIMS AND OBJECT OF (k) To bring about prison course of a movement are not THE ORGANISATION AND THE reform; maltreated, but the Naxals have been CRITERIA OF MEMBERSHIP AS (l) To oppose police excesses subjected to inhuman treatment for SPECIFIED IN CLAUSE 3 (a) and use of third degree decades. It might be a little better ABOVE” (emphasis added). method; now, but they continue to be treated Prabhakar Sinha, fomer President, (m) T o o p p o s e p o l i c e as an enemy. But the overwhelming PUCL National. discrimination on the ground number of inmates in jails remanded National Council, New Delhi of religion, race, caste, sex, to judicial custody ceases to be 24.11.2018 & 25.11.2018 or place of birth; treated as human beings. Their (n) To combat social evils which condition is pathetic The PUCL APPENDIX encroach on civil liberties, constitution enshrines prison reform such as untouchability, as one of its objectives. Aims and Objects as Enshrined in the PUCL constitution c a s t e i s m , a n d Democratic rights and civil liberties communalism; are denied and the people are We have to accomplish the task of attaining the following Aims and (o) To defend in particular the oppressed not only by the State but civil liberties of the weaker also by the society itself. Our O b j e c t s e n d h r i n e d i n o u r Constitution: sections of society and of constitution mandates fighting women and children; against such social evils also. 2. Aims and Objects: (p) To do all acts and things that Untouchability, casteism and The Peòple's Union for Civil Liberties may be necessary, helpful, communalism have been named but will try to bring together all those who or incidental to the above only as examples of oppressive evil are committed to the defence and aims and objects. q practices. The constitution also promotion of civil liberties in India,

PUCL BULLETIN, JANUARY 2019 13 PUCL Total Members of All States Listwise updated as on October 2018 No. of NC Members eligible in S.No State L/P/D LB/PB MB M Total ratio of 1 NC: 50 state members 1 ANDHRA PRADESH (State Unit is dissolved consequent to bifurcation of State) 81 00 00 00 81 2 2 BIHAR 134 00 00 574 708 14 3 CHHATTISGARH 35 00 00 282 317 6 4 DELHI 189 00 00 01 190 4 5 GOA (Non-Active) 02 00 00 00 02 0 6 GUJARAT 61 02 00 08 71 2 7 HARYANA (Non-Active) 30 00 00 00 30 0 8 HIMACHAL PRADESH (Non-Active) 02 00 00 00 02 0 9 JAMMU & KASHMIR (Non-Active) 01 00 00 00 01 0 10 JHARKHAND 73 00 00 00 223 4 11 KARNATAKA 220 00 01 00 221 4 12 KERALA (Non-Active) 59 00 07 150 216 4 13 MADHYA PRADESH (Non-Active) 22 00 00 00 22 1 14 MAHARASHTRA 85 01 00 01 87 2 15 ORISSA 09 02 00 00 11 1 17 PUNJAB & CHANDIGARH 29 01 00 00 30 1 18 RAJASTHAN 170 00 00 128 298 6 19 TAMIL NADU & PUDUCHERRY 140 00 00 296 436 9 21 UTTAR PRADESH 124 10 00 41 175 4 22 UTTARAKHAND (Non-Active) 05 02 00 00 07 0 23 WEST BENGAL 21 00 05 29 55 1 Total: 1492 18 13 1469 3142 65

M – Annual Member; L/P /D- Life /Patron Member/ Donor; MB- Member+Bul.Subscriber; LB/PB - Life/Patron Mem.+ Bul. Subscriber Note: States where no activity has been undertaken in last two years or where there has been no response of people who had represented the state earlier have not been included in list above.

PUCL Punjab & Haryana: State Report presented in the NC Meeting on 24-25th November 2018 at GPF, Delhi

State Unit of the PUCL Punjab, fully committed to shoulder all will be collected to increase the Haryana & Chandigarh Fully Kinds of Legal Help. Grass root Activities of PUCL to Supports the PUCL National 2. State Unit of the Punjab Haryana Strengthen the Grassroot Campaign and Action Plans & Chandigarh is Fully Committed Democracy to Fight Against the regarding following issues: to Support the National PUCL Oppression as well to Aware the 1. State Unit of the PUCL is Campaign and Demands Repeal masses about Human and Civil planning to hold 'Talk by an of UAPA and to Shoulder Rights through Seminars, Eminent Legal Expert's by Responsibility of all Sorts as Meetings, Using RTI & Other Participation of the Learned Needed from Time to Time. Appropriate Measures. Advocate's. Regarding Arrest of 3. State PUCL Unit is taking Steps Rajender Mohan Kashyap, General the PUCL National Secretary, to Improve it's Finances by Secretary, PUCL Punjab, Haryana & Sudha Bharadwaj & Other Voluntary Fund Raising, Chandigarh (Mobile: 09417150407) Activists the State PUCL Unit is Donations from Well Wisher's q

PUCL Delhi: Campaign to Uphold the Right to Dissent, Defence & Organize Demonstration on November 24, 2018 PUCL in collaboration with several other organizations is organizing a silent protest and demonstration against arrest of human rights defenders, activists and other people in the Bhima Koegaon attacks near Pune. It is the restriction on Freedom of Speech and Right to Dissent and therefore Delhi is Rising in an outrage to expose the web of lies woven around the Bhima Koregaon Violence and attack on human rights defenders. Here is the report by two of our students who participated in the programme. We thank them for writing the note. Shalu Nigam, PUCL Delhi.

PUCL BULLETIN, JANUARY 2019 14 Release the Bhima Koregaon Arrested 5+5 Every year on 1st January lakhs of Navalakha, Arun Fereira, Vernon with black ribbons to demonstrate Dalits visit a memorial pillar at Gonsalves, Varavara Rao on 28th their sorrow and mourning for the Koregaon Bhima village to August 2018.They were arrested people arrested. Also, people held celebrate the anniversary of the for inciting violence on 1st January placards of those who were battle that took place in 1818 where 2018 after Elgaar Parishad was arrested by the Pune Police and a small contingent of Mahar Dalits held in Bhima-Koregaon near Pune termed as Maoists. Moreover, as a part of British army defeated on 31st December 2018.Gross patriotic songs were sung by a the army of Peshwa Bajirao II. As a illegalities were committed which g r o u p o f t h e p e o p l e a n d tradition they had gathered to included the illegal searches and simultaneously broachers were celebrate the 200th anniversary of arrests of the activists. Therefore, being distributed to the people to the battle when they got attacked. PUCL in collaboration with several make them aware of such a Later, on 6th June 2018 Pune Police other organizations organised a situation and to urge them to had arrested five prominent human silent protest and demonstration Uphold the Right to Dissent, right defenders ,lawyers, cultural, against arrest of human rights Defend and Organize. This can be social and political activists namely defenders, activists and other one of the steps taken by the PUCL Shoma Sen, Rona Wilson, Sudhir people in the Bhima Koregaon to restore democracy. Dhawale, Mahesh Raut, Surendra attacks near Pune. Submitted by- Medhika Sharma, Gadling. This was followed by Around 50-60 people had gathered Devyanshu Sharma, PUCL arrests of other activists vis-a-vis in the central park in Connaught Interns from Symbiosis Law Sudha Bharadwaj, Gautam Place. They had their mouths tied School, Noida q

Editor's Note: The Hashimpura Massacres of 1987: Justice Finally Delivered One of the most ghastly and punished. The victims had to in the truck which carried the men horrifying of communal massacres approach the Supreme Court for who were eventually killed, and of members of the minority justice which transferred the trial also other evidence, the Delhi High community in the country was the from UP to Delhi. Eventually the Court convicted all the surviving shooting down in cold blood of over trial court acquitted the accused. p o l i c e m e n - a c c u s e d t o l i f e 40 Muslims in the town of Meerut in However when the matter was imprisonment. UP in 1987 by members of the taken up by the Delhi HC, the We carry 2 articles reporting on the Provincial Armed Constabulary. NHRC and also counsels for judgment as it will be of interest to The massacre which shook the victims bought to the attention of all those who have been similarly conscience of the country then, the Court that important evidence fighting long battles for justice, and however, got lost in a haze of had not been marked. In a novel also to others interested in human political manoeuvres to cover up decision the High Court sent back rights. The second article has been the entire incident. Irrespective of the matter to the trial court for fresh edited for length and the full article political party in power, no serious marking of evidence. Finally, based may be accessed by those who effort was taken to ensure that the on clinching evidence showing te want to read the full article. perpetrators of the massacre were presence of the accused policemen Hashimpura Conviction: Clinching Evidence was Diary with Names of Policemen on Riot Duty1 Gaurav Vivek Bhatnagar A general diary, which had the Constabulary (PAC) personnel of Grover who had fought the case for names of all the 19 persons who Uttar Pradesh from the crime. the Hashimpura victims from 2002 had gone out on a truck for riot duty, Three of the accused had died to 2004 and thereafter represented ahead of the Hashimpura during the course of the trial. the National Human Rights massacre in 1987, in which at least Incidentally, successive state Commission in the Delhi high court, 40 Muslims were killed, has proved governments had, in order to shield said: “In this case, the NHRC had to be the clinching piece of the personnel, withheld this crucial intervened and it had asked for evidence which led to the Delhi high piece of evidence from the courts. various documents. It was all along court overturning the sessions T h e t r i a l c o u r t h a d our case that the state was court order and ordering the acknowledged that victims were shielding the PAC, so many of the conviction of 16 Provincial Armed abducted by PAC men: Talking to crucial documents, which are The Wire, senior advocate Vrinda PUCL BULLETIN, JANUARY 2019 15 incriminating, have not been placed placed on record. Again the Following the High Court's before the court. The trial court had evidence was recorded in the trial directions, in March this year this acquitted them on the ground that court. It was then placed on record, diary was submitted before the trial there is nothing to say that these brought back before the high court court by a 78-year-old witness particular PAC people had killed the and on the basis of that it convicted Ranbir Singh Bishnoi. Deposing victims.” them.” before an additional sessions judge, he In March 2015, the sessions court A bench of Justices S. Muralidhar had submitted: “At the time of filing had stated that it had been “duly and I.S. Mehta had on February 20 chargesheet, I had examined all the proved and established” that “about this year stated: “The court has documents and filed them along 40-45” persons belonging to perused the trial court record and it with the charge sheet. Photocopies Mohalla Hashimpura were has seen that the document… filed of GD dated May 22, 1987, running “abducted in a yellow colour PAC by the State of Uttar Pradesh forms into six pages of C Post Police Line, truck” belonging to the 41st part of trial court record. The said Meerut were filed along with the battalion of PAC. It had also noted document is at page 5,743 of the charge sheet. The originals of the that PAC officials were involved in trial court record. For reasons that same are now submitted before the the abduction and they had are not clear that document has not court and exhibited.” subsequently “shot at and thrown” been exhibited in the trial court and Reading out from the documents, into waters of Gang Nahar, Murad not adverted to by any of the he had also asserted that “it is N a g a r a n d H i n d o n r i v e r, prosecution witnesses or even by incorrect to suggest that the Ghaziabad. However, the court had t h e s o l e d e f e n c e w i t n e s s documents are not original held that “it has not been proved examined.” documents.” beyond reasonable doubts” that the The lawyer, who has been What the general diary revealed: accused are the PAC officials who associated with this case for nearly “According to the GD No.6, on May had carried out the abductions and 17 years now, said “it is a case 22, 1987, at 7:50 am, police force killings. where for so many years the was sent to Outpost Pilokhadi, P.S. General diary named the PAC perpetrators were shielded and Lisadi Gate, Meerut, UP. PC men who had gone in the truck: protected by the state, repeatedly (platoon commander) Surender Pal Grover said the most crucial piece and regardless of which political Singh… went to outpost Pilokhadi. of evidence was the general diary. party came to power in Uttar At that time they were having 17 “There was one particular Pradesh. They were all shielding rifles, 850 rounds, one revolver with document, which was a general the PAC accused.” 30 rounds and they had gone there diary in the case – which recorded However, she said, with the help of in the truck bearing registration No. the movement of personnel going this diary, the court was able to URU-1493 and the driver of said in and out of a police station – and establish the precise names truck was Ct (constable) Mokham this daily diary entry the state had involved in the crime. Noting that Singh,” Bishnoi had stated while suppressed in the case.” out of the 19 original accused, three giving the details. Stating that there was clearly had died and 16 have been He had also noted their return to the complicity between the state and convicted, she said the prosecution police line a little over an hour later the accused, Grover said, “through had also made use of the log of the saying: “As per the GD No.15… at its application before the high court, truck to secure a conviction. “We about 9:00 pm, the aforesaid PAC the NHRC had started asking for had the number of the truck in team came back to police line various documents and finally which the PAC staff had left but the Meerut from OP Pilokhadi. As per through the orders of the court the part of the puzzle which was not the record… the aforesaid officials C B - C I D , w h i c h w a s t h e available in the evidence was who were not assigned any other duty investigating agency of Uttar was in the truck. For conviction we on May 22, 1987, after they came Pradesh, was forced to place needed the exact names. That back from O.P. Pilokhadi to police before the court the original general particular general diary entry came line… It is incorrect to suggest that I diary documents which named the out after the trial court order and have produced a made up record.” 19 PAC policemen who had got into during the course of the proceeding This more or less corroborates the the truck and gone on riot duty.” in the high court.” survivor accounts. One of the Once diary surfaced, fresh State submitted diary on survivors, Zulfiqar Nasir, had evidence was recorded in trial directions of high court: Till the spoken about how the killings had c o u r t , f o r m e d b a s i s o f time of the trial court judgment, the taken place on the truck and near conviction in HC: “Once the state had not shown the original the canal at around 9 pm. original document surfaced,” she general diary. It was only on the 1https://thewire.in/rights/hashimpur said “fresh evidence was recorded directions of the high court that the a-conviction-diary-key-evidence @ in the trial court. The High Court state was compelled to place the 01.11.2018 directed that this evidence now be original diary on record, she added. The Wire, 31.10.2018 q

PUCL BULLETIN, JANUARY 2019 16 Note: The following article is being reproduced from a Blog post for the reason that it contains exhaustive extracts from the Delhi HC judgment convicting the policemen of the Hashimpura massacre. It has been edited for length and readers are informed to read the entire article by accessing the URL. Hashimpura Massacre Case – Verdict by the Delhi High Court Sentences 16 Policemen to Life Imprisonment1 Anubhav Pandey The Delhi High Court, ended years was shot by the PAC personnel with away in a truck and killed belonged of nail biting suspense by delivering .303 rifles in cold blood and the to the first group.” It is then its historic verdict in `Zulfikar Nasir bodies dispatched to a watery explained in para 1.5 that, “The & Ors v State of Uttar Pradesh & grave – some in the Gang nahar criminal justice process in Ors' on 31st October, 2018, setting (canal) and the remaining in the connection with the murders aside the trial court judgment that Hindon river. Five of them survived commenced with the registration of had acquitted 16 Provincial Armed to recount the horrific tale. Of the 38 two first information reports (FIRs). Constabulary (PAC) officials in the that were killed, the dead bodies of FIR No. 110/1987 was registered at 1987 Hashimpur mass murder just 11 of them were able to be PS Link Road, Ghaziabad on 22nd case. The Delhi High Court has identified later by their relatives. May, 1987 and FIR No. 141/1987 convicted all the accused and The remaining bodies were not was registered at PS Murad Nagar, s e n t e n c e d t h e m t o l i f e recovered.” Ghaziabad on 23rd May, 1987. The imprisonment. This landmark 73- It is spelt out in para 1.3 that, “In investigation of both cases was page judgment authored by Justice May, 1987 communal riots took handed over to the Crime Branch, Dr S Muralidhar for himself and place in Meerut district. As a result, Criminal Investigation Department J u s t i c e Vi n o d G o e l w h i l e the police, paramilitary and military (CB-CID), Uttar Pradesh”. pronouncing the verdict observed forces had been posted at mohalla As things stand, it is then revealed that, “Family of the victims had to Hashimpur for riot control and in para 1.6 that, “The CB-CID filed a wait 31 years to get justice, and security. This included the 'C- charge sheet in the criminal court in monetary relief cannot compensate Company' of the 41st Battalion of Ghaziabad in 1996, nine years after their loss.” Senior Advocate the PAC. On 21st May 1987, the the event. 18 officers of the PAC Rebecca John appeared for the brother of an Army Major was killed were arraigned as accused in the appellant Zulfikar Nasar and in the mohalla adjacent to first charge sheet. The 19th accused advocate Vrinda Grover appeared Hashimpura and two rifles w a s a r r a i g n e d i n t h e for National Human Rights belonging to the PAC personnel supplementary charge sheet. Commission (NHRC). The Delhi 'were looted by certain anti social Under the orders of the Supreme High Court termed the brutal elements'. This led to the Court, passed in 2002 and 2007, massacre as “targeted killing” of registration of FIR No. 204/1987 at the trial of the cases was unarmed and defenceless people PS Civil Lines, Meerut under transferred to Delhi. Charges were by the police. Sections 147, 148, 149, 302, 307, thereafter framed by the trial court To begin with, it is first and foremost 347, 436 and 336 of the Indian on 24th May, 2006 against all the pointed out in para 1.1 that, Penal Code (IPC). The criminal accused under Sections 147, 148, “Hashimpura is a mohalla, i.e. a case arising therefrom is still 149, 120B and 364/302/307/201 all small area of Meerut city, about pending before the Chief Judicial read with 149 IPC. 19 years had 82.5 kms north-east of Delhi, in Magistrate (CJM) Meerut. elapsed by this time. During the Uttar Pradesh. Meerut's population (It is added in para 1.4) that, “On pendency of the trial three of the in terms of the 2011 census was 22nd May 1987 post noon, around accused died. The trial meandered approximately 3.5 million. Around 644 men, all Muslim, belonging to for over eight years ending in a 3.6% of the population are mohalla Hashimpura were arrested judgment dated 23rd March 2015 Muslims. Many of them earn under Sections 107, 116 and 151 whereby all the 16 remaining meagre sums as artisans and CrPC. They were first rounded up accused were acquitted. That was labourers to keep themselves and under a peepal tree in Hashimpura 28 years after the commission of their families going.” It is then and divided into two groups. The the crime.” pointed out in para 1.2 that, “On 22nd first group comprised elderly men Needless to say, this aroused a lot May 1987, in the evening hours, and young boys and the second of resentment among the relatives Hashimpura witnessed a tragedy comprised young men. They were of the victims who were brutally that would leave a deep festering to be sent to the PS Civil Lines and killed. So they decided to go in for wound. Around 42 to 45 men, old Police Lines in Meerut in the trucks appeal. They firmly believed that and young, all Muslim, were of the PAC, the Army, the CRPF justice had not been done with rounded up by the Provincial Armed and the local police on the them by the trial court. Constabulary (PAC), packed into a d i r e c t i o n s o f t h e D i s t r i c t The unfolding of events: It is truck and taken away. Each of them Administration. The 42 to 45 males imperative to now narrate the entire rounded up by the PAC and taken

PUCL BULLETIN, JANUARY 2019 17 chain of events that preceded the from the canal”. firing upon those inside the PAC ghastly killings. Para 3 points out Para 6 further brings out that, “At truck and throwing 15 to 20 of the that, “The trigger to the events the time when PW-1 was abducted persons who had been leading to the registration of the two concealing himself, those inside shot into the Gang nahar. FIRs have been noticed earlier. To the truck began shouting 'bachao As regards the second incident, continue the narration of events bachao'. Upon this, the accused para 9 finds that, “The second that transpired at Hashimpura on present at the spot began firing incident was that which took place 22nd May 1987 in the evening at indiscriminately at the persons at the Hindon Canal pul/culvert a r o u n d s u n s e t , t h e PA C inside the truck. Those inside the where the remaining abducted officials/jawans wearing khakipilli truck who were thus injured persons were pulled down from the (dusky yellow) coloured uniforms, included Mohd. Usman (PW-3), truck, shot at point blank range and armed with rifles with sangeens Muzib-ur-Rehman (PW-4) and their bodies thrown into the Hindon (bayonets) gathered about 42 to 45 Babuddin (PW-11 and Appellant canal.” Para 10 then envisages able bodied elderly men and young No. 1 in Crl. A. 629/2015). Leela that, “According to the prosecution, men and made them board a yellow Dhar (A-12), himself an accused, from the above two incidents, it coloured truck with PAC written on was part of the PAC jawans who could be reasonably inferred that it in the white paint. It is stated that also suffered an injury at this time close to 42 to 45 persons were about 18 to 20 PAC jawans also got by a ricocheting bullet. After this abducted and barring five who into the same truck having accused persons began throwing survived i.e. Zulfiqar Nasir (PW-1), registration No. URU-1493, which the bodies of those they had shot Mohd. Naeem (PW-2), Mohd. belonged to C-Company of 41st into the waters of the canal. In this Usman (PW-3), Muzib-ur-Rehman Battalion PAC.” process 15 to 16 bodies were (PW-4) and Babuddin (PW-11), the The judgment further highlights thrown into the Gang nahar. These remaining were killed by the PAC that, “The said truck, driven by included three who miraculously jawans/officers.” Constable Mokam Singh, moved survived: Mohd. Naeem (PW-2), Simply put, para 16 then discloses away from Mohalla Hashimpura Mohd. Usman (PW-3) and Muzib- that, “The trial Court framed towards the Delhi road. After ur-Rehman (PW-4).” charges against 19 accused on 24th moving for some time the truck Moving further, para 7 then states May, 2006 for the offences under stopped to allow more PAC officials that, “Noticing the headlights of an Sections 147, 148, 149, 120B and to board. It then began moving approaching vehicle, the accused 364/302/307/201 all read with 149 again. After about 1 to 1 ½ hours of persons stopped firing. The truck IPC. Each of them pleaded not the journey, the truck reached the URU-1493 was driven back to the guilty and claimed trial. Three of the patri of Gang nahar in Murad main road. After about 30 minutes, accused, Surender Pal Singh Nagar. After travelling for about 1 ½ the truck again stopped at the [Accused No. 1 ('A-1')], Kush kilometers on the patri, the truck pul/culvert of the Hindon Canal Kumar (A-5) and Om Prakash was brought to a halt. The lights of near Makanpur village. The Sharma (A-18) expired during the the truck were then switched off” accused persons got out of the pendency of the trial.” Para 17 then and that “After stopping the truck, truck and opened the rear portion states that, “The recording of the accused personnel of the PAC (dala). They again brought down evidence of PW-1 Zulfiqar Nasir started bringing down the persons the remaining abducted persons commenced on 22nd July, 2006. It is from the hold one by one. The first and fired at them one by one. 15 to only on 23rd May 2014, that the person to be brought down – Mohd. 20 persons, who were thus killed, statements of the accused were Yasim, a resident of Hashimpura were thrown into the canal. recorded under Section 313 CrPC. mohalla, was shot with the rifle of Babuddin (PW-11) who was also Thereafter on 21st March 2015, the one of the PAC jawans and his body similarly shot at and thrown into the trial Court passed the impugned was thrown into the Gang nahar. canal, miraculously survived.” judgment”. The next one, Ashraf, was similarly The two incidents: It would be Summary of conclusions: Para brought down, fired at and killed imperative to mention here that 115 of the HC Order summarizes and his body was thrown into the para 8 then specifically points out the conclusions: canal. The third person brought that, “There were, therefore, two (i) The key issues in the present down was Zulfiqar Nasir (Appellant separate incidents that took place appeals concern fixing the identity No. 1 in Crl A No. 574 of 2015) who on the evening of 22nd May, 1987. of both the truck in which the 42 to was also a prosecution witness The first incident took place at the 45 abducted persons were taken (PW-1) in the trial. He too was shot Gang nahar in Murad Nagar. This and of the persons belonging to the by the accused and thrown into the further involved two distinct stages: PAC who were involved in the canal. PW-1 deliberately stopped one being the shooting of three killing of around 38 of the abducted breathing, feigning death. He persons i.e. Mohd. Yasim, Ashra persons. (para 42) managed to survive by concealing and Zulfiqar Nasir and their bodies (xiii) The present case is yet himself in the bushes around the being thrown into the Gang nahar another instance of custodial killing water and later escaping on foot and the other the indiscriminate where the legal system has been

PUCL BULLETIN, JANUARY 2019 18 unable to effectively prosecute the three decades for reasons not September 1982 in Mandir-Masjid perpetrators of gross human rights entirely attributable to the accused. dispute when there was curfew in abuses. The prolongation of the Their acquittal by the trial Court 28 Meerut for 3 months but no one was trial for over two decades, years after the event as reversed by convicted. Riots of 1987 or riots due compounded by the endemic this Court, 31 years after the event. to Ayodhya dispute in November systemic delays, have frustrated The present age of the accused 1990 and May 1991 and after this in the attempts at securing effective persons has also therefore to be 2011 in L Block riots and Teergaran justice for the victims. (para 95) accounted for. The Court also notes riots but no one was convicted. (xiv) A case is the targeted killings that substantial sums by way of Above all, police could not of persons belonging to one c o m p e n s a t i o n h a v e b e e n recognize rioters for many years minority community and killing of 38 disbursed to the victims and their and FIR was lodged in name of of them soon after the incident of families.” unknown persons. I have seen so riots in which two rifles of the PAC Most important of all, it is then held many riots in the city but have never were allegedly taken away by the in para 118 that, “Keeping in view all seen anyone getting convicted.” r i o t e r s . I t p o i n t s t o t h e of the above factors, this Court Nasim Zaidi who is Ex-CEC and disproportionate reaction by the s e n t e n c e s e a c h o f t h e was the then Ghaziabad DM PAC in targeting the members of aforementioned 16 accused to life opined that, “A crime had taken the minority community. The Court imprisonment for the offence place and an FIR was lodged is therefore unable to accept the punishable under Section 302 read immediately which resulted in submission on behalf of the with Section 120B IPC which, in this probe and a judicial process. This is accused that the motive for the case, will mean the remainder of a satisfactory judgement.” commission of the crime was not the person's natural life.” No doubt, a good beginning has proved. (para 104) All said and done, even though this been made here by Delhi High (xv) This Court recommends that landmark judgment is being hailed Court but a lot more needs to be every State Legal Services as sending a loud and strong done! It must be ensured that not Authority should designate a message to all the men in uniform just the 16 subordinate PAC police Nodal Officer to address the that if they dare to kill innocents personnel are punished but even needs of the victim families in then they will have to pay a heavy those superiors who were involved the case of custodial killings or price but such an unconscionable in this ghastly massacre are State excesses. The procedure delay of 31 years is unpardonable, brought to book! put in place should ensure that unacceptable and unheard of in all Vibhuti Narain Rai who was the such victims or the families are good countries! What is more, even Ghaziabad SSP in May 1987 and able to access and seek relief now this landmark judgment will be who also was the first to complain under the scheme and that such challenged in the Supreme Court after survivors approached him relief should not be limited to and then another round of legal minces no words in saying monetary compensation but battle will begin afresh! 3 accused convincingly and categorically that, other range of reliefs respecting have already died a natural death! “We must not forget that such a the rights to basic survival and Why such unforgivable delay in h e i n o u s o ff e n c e c a n ' t b e dignity of such families. (para delivering justice? For this even our engineered and delivered by lower 114) (Emphasis added) courts must introspect! level staff. The theory that a sub- Final directions: Truth be told, But it must be added here that we inspector was commanding para 116 then stipulates that, “For can draw some solace from what everyone and constables executed the aforementioned reasons, this the eminent, senior and one of the h i s o r d e r s i s h a r d l y Court sets aside the impugned most reputed criminal lawyer of believable…unless someone judgment of the trial Court Meerut – Dr OP Sharma who is also senior and powerful is involved, a c q u i t t i n g t h e the former President of Meerut Bar constables won't obey commands Respondents/Accused Nos. 2 to 17 known for his indepth knowledge of an SI. Hashimpura came to light in Crl.A. 574/2015 and hereby and vast expertise in criminal law only because they moved to convicts each of them for the points out with some degree of Ghaziabad to effect the killings and offences under Section 120-B and satisfaction about this life term we swung into action and lodged an Sections 302, 364, 201 all read with conviction of 16 PAC policemen by FIR. At least a hundred Muslims Section 120-B IPC.” Delhi High Court that, “Usually the were killed in Maliana and buried Be it noted, para 117 then notes cases of riots collapse by the time right there and the matter hushed that, “This case involves the killing the judgment is pronounced and in up. There is no case diary and no of around 38 innocent persons in some cases it is noticed that cases one knows the case status.” He cold blood by members of an armed are even withdrawn and even also adds that, “The 16 convicted force viz, the PAC. The gravity of social organizations try to make are small fry. Big people got away. the crime is obvious. At the same compromise and therefore cases The Army role was never time, the Court is aware that this are withdrawn. I have seen so investigated despite early case case has been pending for over many riots in Meerut as in 1968,

PUCL BULLETIN, JANUARY 2019 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 January, 2019 at New Delhi PSO Date of Pub.: 27-28 December, 2018 Contd. from page no. 19 diaries mentioning the role of a decades as we most unfortunately Regd. Office : Major linked to a political leader. have witnessed for ourselves in this 332, Ground Floor, Patpar Ganj I am happy that those who landmark case! For this not just the Opp.Anand Lok Apartments, executed the orders have been judiciary but also the Centre as also Mayur Vihar-I, Delhi 110091 punished but let us not forget that States must swing into action and Tel.: +91-11-22750014 those behind the curtain, who provide all type of support like planned and designed it, were not appointing more judges, giving E-mail : [email protected] touched. There was a Congress more infrastructure, creating more [email protected] CM in UP…and Rajiv Gandhi was courts etc! Unless this is done on a Website : www.pucl.org the PM. The kind of alertness war footing things are not going to needed…wasn't shown. There was change much on the ground and no course correction even when the aggrieved victims will have to Mulayam Singh assumed power. wait for a gruelling long period and Founder : Jaya Prakash Narayan The tone and tenor of investigation justice delayed is not just justice changed with change of power in denied but injustice perpetrated President : Ravi Kiran Jain Lucknow and is evident in case which under no circumstances can General Secretary : V. Suresh diaries”. ever be justified! Treasurer : Surendra Kumar Finally and most importantly, it 1https://blog.ipleaders.in/hashimpur Vice-Presidents : Binayak Sen, must be reiterated that judgment a-massacre-case/ @ 10Dec2018 G. Saraswathi (Ms.), N.D. Pancholi, must be delivered in such sensitive P.B. D’sa, Radhakant Saxena, cases in the shortest possible time November 13, 2018 Sanjay Parikh. which should not exceed few This article is written by Advocate q Secretaries : Kavita Srivastava (Ms.), months at the most and not few Sanjeev Sirohi. Rohit Prajapati, Sudha Bharadwaj (Ms.), Vandana Misra (Ms.), YJ Rajendra PUCL Announces the Publication of the Compilation of Organising Secretaries : Ajay T.G., Judgements of the Supreme Court in PILs filed by the PUCL Arjun Sheoran, Nishat Hussain (Ms.). Taking Human Rights Forward Editor : V. Suresh People's Union For Civil Liberties (PUCL) Judgments Editorial Board : Sanjay Parikh, Ms. Kavita Srivastava, Ms. Sudha Bhardwaj, Ms. Daisy Narain (Prof.) Assistance : Babita Garg

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

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, JANUARY 2019 20