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A State at War with Its People Report on State Action in up Targeting Dissent and Muslim Minorities

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A State at War with Its People Report on State Action in up Targeting Dissent and Muslim Minorities A State at War with Its People Report on State Action in UP Targeting Dissent and Muslim Minorities Photo: PTI KARWAN E MOHABBAT February 2020 A State at War with its People Report on State Action in UP Targeting Dissent and Muslim Minorities Contents Introduction ........................................................................................................................ 1 Acknowledgements .............................................................................................................. 3 Chronology of Events: 19th and 20th December 2019 .............................................................. 4 Complete breakdown of state mechanisms ............................................................................. 7 Crippling citizens’ right to protest ...................................................................................... 8 Protectors turn perpetrators: Violent crackdown on protests ................................................. 12 The dangerous dream of justice: the weaponising of legal systems against citizens ................. 22 Custodial violence and sexualised torture in custody ........................................................... 27 A state against its children: the merciless and unlawful treatment of minors .............................. 31 Vengeful governance: role of senior leadership and administration .......................................... 35 Erosion of medical ethics and morality ................................................................................. 36 Denial of emergency medical care .................................................................................... 36 Dereliction of medical duty by health care professionals ..................................................... 37 Break down of medico-legal services and procedures .......................................................... 38 Living with violence: Impact on survivors ............................................................................ 40 Impact on livelihoods and economic consequences ............................................................. 40 Impact on mental health .................................................................................................. 40 Reversal of natural justice: Recovery notices ......................................................................... 42 Reversal of Natural Justice .............................................................................................. 43 The patterns of violence continue ......................................................................................... 44 Conclusion ........................................................................................................................ 45 1 Karwan e Mohabbat | February 2020 Introduction As peaceful protests were organized around the from his official Twitter account: “Every rioter country against the Citizenship Amendment is stunned. Every troublemaker is shocked. Act (CAA), National Register of Indian Everyone has fallen silent, awed by the strict Citizens (NRIC) and the National Population Yogi government”3. Register (NPR)1, the state of Uttar Pradesh stands out for the intense harshness of state A number of citizen fact-finding groups visited action to crush the voices of dissent. As in most Muslim homes in many towns in UP and corners of the country, people, especially reported the rampage of hate by men in uniform women in large numbers, spilled onto the even inside these homes. Cars and scooters streets to protest the amended citizenship law. were overturned and burned, television screens It is only in UP (and to a much smaller degree and washing machines smashed, cash and in coastal Karnataka and Bihar) that these jewellery looted, crockery, even toys shattered, protests have turned violent; in all of these a lifetime of a family’s belongings devastated significantly, it is the Bhartiya Janata Party in minutes, the family inconsolable. They which is at the helm of government. banged and broke down doors. The beat with their batons old people, women, even children, As of 27th December 2019, the spokesperson of if they tried to block their way, pleading for the Home Ministry reported that 19 people have mercy. They shouted the most vulgar slurs died in UP in protest related violence since 19th about Muslim people. December 2019, 1,113 people have been arrested for their alleged involvement in The police registered literally thousands of protests and 5,558 preventive arrests have been ‘unnamed’ police complaints in several cities made2. The numbers since have grown. with high Muslim populations. They use this to detain Muslim people at will, and as a weapon Through all of this, Chief Minister Adityanath to silence anyone who may complain or testify made a call for revenge, followed by even more against the police. People were scared to speak brutal police raids and assaults. Muslim people to anyone holding a camera, and if they did, have received notices to pay high damages for they covered their faces. There is an intense alleged destruction of public property sense of terror among the entire Muslim (including even police batons broken while population in urban UP, the men dreading being beating people), without any judicial finding as charged with grave crimes, the women of required by law to prove their responsibility for attacks to their homes. Large parts of Muslim destroying the properties. settlements have emptied out. And as news began filtering in of the police A Public Tribunal was held on the 16thof rampaging in UP, the Chief Minister issued a January in New Delhi, to bring to light the triumphalist message of self-congratulation nature and scale of the events in UP. The 1 Scroll.in (20th January 2020) “The Political Fix: https://www.indiatoday.in/india/story/caa-protests- After a month of Citizenship Act protests in India, uttar-pradesh-numbers-1631855-2019-12-27 what have we learned?” at 3 Scroll.in (28th December 2019) “CAA protests: https://scroll.in/article/950351/the-political-fix- Adityanath justifies police crackdown in UP, says after-a-month-of-citizenship-act-protests-in-india- everyone has been silenced” at what-have-we-learned https://scroll.in/latest/948079/caa-protests- 2 IndiaToday (27th December 2019) “Uttar Pradesh adityanath-justifies-police-crackdown-in-up-says- CAA protests in numbers: 19 dead, over 1,100 everyone-has-been-silenced arrested for violence” at 1 Karwan e Mohabbat | February 2020 tribunal brought together the observations of testimonies from the People’s Tribunal as well various fact-finding missions, and heard as relevant news reports in order to expose the testimonies from organisations and individuals gravity of what has unfolded. from across the state, which were presented before a jury consisting of former Supreme In this report, we have tried to bring together Court judges, former civil servants and the Jury Report with a consolidation of various distinguished members of the civil society. The fact-finding and media reports on state action Tribunal also included video testimonies and against dissent and the Muslim minority in reports, a few of which have been embedded in Uttar Pradesh. What emerges is an extremely this report. The testimonies presented during disturbing picture of the wilful subversion of all the Tribunal were by victims of police brutality, democratic principles by a state which has various activists both present and who have declared war on both dissent and a section of its since met victims, and experts on the various people. issues that the tribunal exposed. During the proceedings, testimonies were presented the In this report, we have taken care to maintain intensity of police violence perpetrated on the confidentiality of the identities of many innocent citizens, including against minors, the victims of state violence who we felt would role of the Chief Minister and senior leadership become more vulnerable if their identities were in inciting this violence, the role of medial made public. officers who were complicit in perpetrating Harsh Mander and Navsharan Singh violence and its impact on people. The following report is a compilation of various fact-finding missions conducted in UP, 2 Karwan e Mohabbat | February 2020 Acknowledgements We are grateful for the central contributions Mazdoor Kisan Shakti Sangathan (MKSS), of Mihika Chanchani and Varna National Alliance of People's Movements Balakrishnan in preparing this report, (NAPM), National Federation of Indian supported by the entire Karwan-e- Women (NFIW), Not in My Name Mohabbat team. Campaign, Satark Nagrik Sangathan (SNS). We are also grateful to many senior colleagues who joined various fact-finding The testimonies provided by many people journeys to Uttar Pradesh, including Tanika during the People’s Tribunal provided a Sarkar, Ayesha Kidwai, Nivedita Menon, valuable resource for writing this report. Farida Khan, Surabhi Chopra, Kavita They were Subhashini Ali Dinesh Abrol, Krishnan, John Dayal, Dinesh Abrol, Subir Rahul Roy, Navsharan Singh, S R Bannerjee, Navsharan Singh, Natasha Darapuri, Nivedita Menon, Farida Khan, Badhwar, Sajid Ali, and Advocate Akram Sadaf Jafar, Deepak Kabir, Sandeep Akhtar Choudhry. We acknowledge the Pandey, Akram Akhtar Choudhary, contribution of a number of colleagues who Mohammed Sharif, Ali Zaidi, Maitreyi supported the fact-finding teams including, Gupta, Sabah, Arundhati Dhuru, Varna Balakrishnan, Syed Mohammad Mohammad Suleiman , Abhirr Palat, Sehba Zaheer, Aditi
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